SEMIDE/EMWIS

Waters' law 2005                                                                       

Home Up Waters' law 1983 Waters' law 1984 Ordinance 96-13 Waters' law 1998 Waters' law 2005 Ordinance 09-02 Decrees Orders

Law n° 05-12 of 28 Joumada  Ethania 1426 corresponding to 4 August 2005 related to water. (183 articles)  

ARTICLE 1
The present law aims at setting the principles and rules applicable to the use, the management and the sustainable development of water research as a property of the national collectivity.

ARTICLE 2
The aims assigned to the use, the management and the sustainable development of water resources are directed at providing
-water supply through the water mobilization and distribution in sufficient quantity and in required quality, to satisfy, as a priority, the population needs and the livestock watering, as well as the demand of agriculture, industry, and other water users of economic and social activities.
-the public health preservation and the water resources and the aquatic environment protection against the risks of pollution through the collection and purification of domestic and liquid wastes as well as against the raining and streaming waters in urban zones.
-the search and evaluation of superficial and underground water resources, as well as the surveillance of their quantitative and qualitative state.
-the mastery of the rise of the water level by regulation actions of the superficial waters flow in order to ease the harmful effects of floods and to protect the people and the possessions in urban zones and other flooding zones..

ARTICLE 3
The principles on which are based the utilization, the management and the durable development of water resources are
-the right of access to water and to cleaning up to satisfy the fundamental needs of the population with respect to equity and to the rules fixed by the present law, on the matter of water and cleaning up public services,
-the right to use water resources, devolved upon any physical or moral person of public or private law, within the limits of general interest and with respect to the obligations fixed by the present law and the regulatory texts taken for its application,
-the planning of the hydraulic developments of water resources mobilization and spreading within the frame of hydrographic units, and this, with respect to the water cycle and in coherence with the orientations and the instruments of the territory development and the environment protection,
-taking into account the real costs of the water supplying services for domestic, industrial and agricultural use and the collection and purification services of liquid wastes, through tariff systems,
-the sufficient recuperation of the public intervention costs linked to the quantitative and qualitative protection of water resources and of the aquatic environments, through dues systems of water economy and water protection,
-the systematization of economy practices and the valorization of water by means of appropriate processes and equipments as well as the generalized counting of consumed and produced waters, in order to fight the losses and wasting,
-the consultation and participation of administrations, territory collectivities, concerned operators and representatives of different categories of users, for taking in charge questions related to the waters utilization and protection, and to the hydraulic development at the level of natural hydrographic units and at the national level.

ARTICLE 4
In accordance with the present law, are part of the natural hydraulic public property
-underground waters, including the waters recognized as spring waters, natural mineral waters and thermal waters, by the simple fact of recording their existence and their discovery, notably following searching and drilling works of recognition, of any nature, realized by any physical or moral person of public or private law,
-superficial waters constituted of oueds, lakes, ponds, sebkhas and chotts as well as the soils and vegetations included within their limits,
-alluvial deposits and atterisments which are naturally formed by the oueds beds,
-non-conventional water resources constituted by

* desalted sea-waters and demineralised briny waters for public utility,

* purified liquid wastes used for public utility,

* waters of any origin injected in the aquaferic systems by the technique artificial recharge.

ARTICLE 5
Any physical or moral person having discovered, intentionally or by chance, underground waters, or having been present at the time of such discoveries, is obliged to declare them to the competent territory administration of water resources.

ARTICLE 6
The mobilization, production and utilization of all water resources, including the non-conventional waters, are subject to specific conditions fixed by the present law, the regulatory texts taken for its application and the related terms of reference.

ARTICLE 7
The oueds, lakes, ponds, sebkhas and chotts delimitation is determined by the highest level reached by the waters, and notably for the oueds by the rise of the water level flowing full to the brim before overflowing.
The delimitation provisions of the natural hydraulic public property are fixed by regulatory means.

ARTICLE 8
If, because of natural causes, an oued abandons its bed and opens a new one, this latter, delimited as specified by the provisions of the above-mentioned Article 7, is incorporated within the natural hydraulic public property.

If the former oued bed is entirely abandoned by the waters, this latter may be attributed, as compensation, to the occupied funds owners of the new bed, in the proportion of the soil value taken to each of them.

If the former bed is not entirely abandoned by the waters or if the provisions designed in the previous paragraph are not applicable, the owners of the funds crossed by the new bed benefit from a calculated compensation as in a matter of expropriation for a public utility cause.

ARTICLE 9
Any administration act of the natural hydraulic public property entitles, when it infringes on the third parties, a determined compensation as in a matter of expropriation for a public utility cause.

ARTICLE 10
It is instituted, along the oueds, lakes, ponds, sebkhas and chotts banks a zone called free-side zone, over a three (3) to a five (5) meters width according to the case, inside the natural hydraulic public property, designed to allow the free passage of the administration personnel and materials in charge of water resources or of contractors in charge of woks of the banks maintenance, cleaning-out and protection.

ARTICLE 11
Along the oueds, lakes, ponds, sebkhas and chotts banks for which the free-side zone cannot be identified and used for topography reasons and the overflowing of waters, it is instituted a free-side constraint, over a three (3) to a five (5) meters width according to the case, inside the residents properties, and calculated from their limits.

ARTICLE 12
Inside the free-side zones or those zones subject to a free-side constraint
-are prohibited any new construction, any plantation, any fixed fence elevation, and any act that could harm the oueds, lakes, ponds, sebkhas and chotts maintenance,
-the administration in charge of water resources may require the felling of trees as well as the demolition of any existing construction, subject to repairing the caused damages.

ARTICLE 13
In case of the free-side constraint, instituted by the provisions of the above-mentioned article 11, is not sufficient for establishing an exploitation path in constant conditions, the administration in charge of water resources may engage any action designed to acquire the necessary lands, including by means of expropriation for a public utility cause, in accordance with the legislation in force..

ARTICLE 14
The extraction of alluvial materials by any means, and in particular by the installations of sand quarries in the oueds beds, is prohibited.
On a transitional basis, and for a period not exceeding two (2) years starting with the publication of the present law in the Official Journal of the Democratic and Popular Republic of Algeria, the extraction may be authorized within the frame of the concession system assorted with the terms of reference, and subject to an impact study established in accordance with the legislation and the regulations in force.
The terms of application of the present article provisions are specified, should the occasion arise, by regulatory means.

Article 15
It is prohibited to undertake, in the oueds beds, any act liable to hinder the free flowing of superficial waters, bringing prejudice to the stability of banks and to public works, and to harm the conservation of alluvial sheets.
The plantations of annual cultures are authorized on the hydraulic public property according to the terms fixed by regulatory means.

Article 16
Are the concern of the artificial hydraulic public property, the works and installations realized by the State and the territorial collectivities or on their behalf, and notably:
-all works and installations realized with the aim of searching, observing and evaluating quantitative and qualitative water resources,
-works of underground and superficial water resources mobilization and transfer, treatment stations, stocking reservoirs, transport and water distribution infrastructures as pipes and canals networks, as well as their dependencies, allocated to public use of urban and rural agglomerations water supplying or of irrigation and drainage perimeters,
-collectors of rain waters and liquid wastes, purification stations, as well as their dependencies, allocated to public use of urban and rural agglomerations cleaning up,
-works for reducing floods and the oueds beds and banks dyking up and development with the aim to ensure the protection against the flooding of urban and flooded zones

Article 17
Are also the concern of the artificial hydraulic public property works and installations considered as possessions in return to the State without compensation at the expiry of a concession contract or a realization and exploitation delegation concluded with a physical or moral person, of public or private law.

Article 18
The norms and rules on the matter for hydraulic works and installations studies, realization, control, exploitation and maintenance are fixed by regulatory means.

Article 19
Works and installations concerning the artificial hydraulic public property are the subject of an inventory established by the administration in charge of water resources.
The elaboration terms of the hydraulic infrastructures inventory are fixed by regulatory means.

Article 20
In accordance with the provisions of the law # 90-30 of 14 Joumada El Oula 1411 corresponding to 1st December 1990 concerning the domains law, hydraulic works and installations, as defined by the above-mentioned Article 16, are the subject of a classification procedure conferring the public domain characteristic.

Article 21
In accordance with the present law, the State, the territorial collectivities, the public establishments as well as the public services dealers and delegates that realize works and installations concerning the artificial hydraulic public property benefit from ascendency constraints, temporary occupation or implementation on the residents properties.

Article 22
The ascendency zones necessary for the installation of works and public use installations could be the subject of, as the case may be, either a temporarily occupation or expropriation for a public use cause.
In the case of the temporary occupation, the concerned owners have the right for full compensation of the caused damage.

Article 23
The residents of water transfer and adduction pipes and canals as well as the residents of the agricultural cleaning-up collectors are obliged to allow the free passage on their properties of employees and the administration material or the contractors in charge of their maintenance as well as the depot of cleaning-out products over a five (5) meters width on both sides of the artificial hydraulic public property.
Inside the zones submitted to a depot or passage constraint, as designed in the preceding paragraph, any new construction, any fixed fence elevation or any trees plantation is prohibited.
Any funds owner crippled by a depot constraint may, at any time, require from the beneficiary of this constraint the acquisition of this piece of land.

Article 24
The funds owner or farmer is submitted to constraints concerning the installation by the administration of means of signaling, of water measurement and reading.

Article 25
The charge of works notifies in writing the execution of works on the lands crippled by constraints to the persons exploiting the aforesaid lands, on condition that they inform the owners.
A statement of the premises is drawn up to evaluate the damages resulting from the execution of works.

Article 26
Any funds owner or user stricken with constraints, subject to the present section, is obliged to abstain from any act liable to harm the object for which the constraint was established.

Article 27
The State, the territorial collectivities, the public establishments, the dealers and the public services delegates that realize public use developments may benefit from implantation constraints of buried or open pipes, in the non-built private lands.
When the establishment of these constraints cause prejudices to the concerned owners, these latter may expect compensation determined on the basis of the identified prejudices.

Article 28
The constraints are established and delimited in the most rational and the less harmful conditions for the exploitation of the crossed funds.

Article 29
The contests that could give rise to the establishment and execution of public use constraints together with the fixation of indemnities due on this occasion are settled as in a matter of expropriation for a public use cause.

Article 30
The protection and preservation of water resources are ensured by:
-perimeters of quantitative protection,
-plans for fighting the hydric erosion,
-perimeters of qualitative protection,
-measures of prevention and protection against pollutions,
-measures of prevention against floods risks.

Article 31
Concerning the overexploited aquiferic sheets, or threatened to be, it is instituted perimeters of quantitative protection in order to ensure the preservation of their water resources.

Article 32
Inside the perimeters of quantitative protection:
-are prohibited any realizations of new wells or drillings or any modification to the existing installations aiming at increasing the taken flows,
-are submitted to the administration authorization in charge of water resources any replacement or readjustment works of the existing hydraulic installations.
The administration in charge of water resources may proceed to a limitation of the exploitation flows or the putting out of service a certain number of taking points.

Article 33
The delimitation terms of quantitative protection perimeters as well as the specific conditions for using their waters resources are fixed by regulatory means.

Article 34
To prevent and limit the superficial water stoppages silting up by sedimentation and to ensure the conservation of their useful capacity, it is proceeded to the perimeters delimitation for fighting against the hydric erosion in the upstream attached basins of the aforesaid stoppages.
For each stoppage perimeter, and delimited according to the hydric erosion intensity of the attached basins soils, it is established an anti-erosion developments plan concerted between the administrations, the organisms and the concerned populations representatives, aimed at ensuring the waters and soils conservation and reducing the degradation risks of the threatened ecosystems.
The conditions and terms of the perimeters delimitation for fighting against the hydric erosion as well as the elaboration, approval and follow-up procedures for the implementation of the anti-erosion developments plans are fixed by regulatory means.

Article 35
In the zones characterized by a strong hydric erosion provoking an accelerated silting up of the superficial water stoppages, the anti-erosion developments plans may institute all measures aiming at :
-promoting the use of cultivating or breeding techniques permitting a better protection of the soils,
-the prohibition of any intervention liable to damage the works of waters and soils conservation,
-the suppression of all artificial and natural obstacles established in the agricultural or forestry exploitations and liable to hamper the realization of development of vegetable covering, the protection of the oueds banks, the operations of torrential correction and all other anti-erosion actions.

Article 36
The interventions and works carried out within the scope of anti-erosion developments plans, elaborated and adopted in accordance with the legislation and regulation in force, as well as the pertaining temporary or definitive measures may entitle to compensation in aid to the concerned owners according to the caused prejudices.

Article 37
Aids and advantages of any nature may be granted to individuals who implement waters and soils conservation techniques and fighting techniques against the hydric erosion in the attached basins of the superficial water stoppages.

Article 38
It is established, around works and installations of underground or superficial water mobilization, treatment and stocking, as well as around certain aquiferic and oueds vulnerable parts, a qualitative protection zone comprising, according to the prevention necessities of pollution risks :
-an immediate protection perimeter of which the lands must be acquired by the State and protected by a physical or moral person in charge of the works and the concerned installations protection.
-a close protection perimeter within which are prohibited and regulated the depots, activities or installations liable to pollute the waters, in a chronic or accidental manner,
-a distant protection perimeter within which are regulated the depots, activities or installations stamped in the preceding paragraph.

Article 39
Inside the qualitative protection perimeters, all activities, including the agricultural and industrial activities, may be regulated or prohibited. May be subject to particular measures of control, restriction or prohibition, activities concerning notably :
-the installation of liquid wastes pipes,
-the installation of pipes, reservoirs and hydrocarbon depots, service stations of fuel distribution,
-the installation of asphalt centrals,
-the installation of any constructions for industrial use,
-the wastes depot of any nature,
-the epandage of effluents and, in a general manner, all products and materials liable to alter the water quality, including, if such is the case, the products intended for agriculture,
-the quarries installation and exploitation .

Article 40
The conditions and terms of the qualitative protection perimeters creation and delimitation, the nomenclature of the protection perimeters required for each type of mobilization, treatment and water stocking work or installation, as well as the regulation or activities prohibition measures for each qualitative protection perimeter are fixed by regulatory means.

Article 41
Inside the qualitative protection perimeters, the administration in charge of water resources reserves the right to carry out, at any time and any place, any observation, measure and control intended to follow up the qualitative evolution of water resources.

Article 42
The indemnities due to the lands owners included within the qualitative protection perimeters are fixed in accordance with the rules applicable on an expropriation matter for a public use cause.

Article 43
In accordance with the Articles 48 to 51 provisions of the law # 03-10 of 19 Joumada El Oula corresponding to 19 July 2003 concerning the protection of the environment within the scope of the lasting development, the hydric environment and the aquatic ecosystems must be protected against any form of pollution liable to alter the waters quality and to be harmful to their different uses.

Article 44
The effluents rejections, the dumping or the depots of materials of any nature that do not present toxicity or nuisance risks in the hydraulic public property are submitted to an authorization of which the granting conditions and terms are fixed by regulatory means.

Article 45
The authorization specified in the above-mentioned Article 44 is refused notably when the effluents or materials are likely to harm :
-the natural regeneration capacity of waters,
-the requirements of waters use,
-public health and salubrity,
-the protection of aquatic ecosystems,
-the normal flowing of waters,
-the nautical leisures activities.

Article 46
Are prohibited :
-any dumping or liquid wastes rejection of any nature in wells, drillings, harnessing galleries, public fountains and drinking troughs, dry oueds and canals,
-any insalubrious materials depot or burying liable to pollute underground waters by natural infiltration or by artificial recharge,
-the introduction of any insalubrious materials in the works and installations designed for water supplying,
-animal corpses depot and burying in the oueds, lakes, ponds and in proximity to wells, drillings, harnessing galleries, public fountains and drinking troughs.

Article 47
Any listed establishment, in the sense of the Article 18 provisions of the law # 03-10 of 19 Joumada El Oula 1424 corresponding to 19 July 2003 concerning the protection of the environment within the scope of the lasting development, and notably any industrial unit of which the regulations are recognized as polluting must imperatively :
-provide for appropriate purification installations,
-put in conformity with their installations or the treatment processes of their residual waters in relation to the rejection norms as fixed by the regulatory means.

Article 48
When the pollution of waters endangers public salubrity, the administration in charge of water resources must take all the executive measures in view of stopping the effluents dumping or the depots of harmful materials. It must also decide to stop the functioning of the establishment which is responsible, until the disappearance of pollution.

Article 49
The superficial water takings as well as the lakes and ponds threatened of entrophisation following the dumping of polluting effluents are subject to plans for the waters quality restoration and protection.
This plan includes measures and actions aiming at :
-the suppression of chronic pollution sources, notably through the realization of purification systems of urban and industrial water wastes,
-the implementation of any technical operations permitting to restore the waters quality,
-the installations of observation and follow-up devices of the waters quality significant parameters and of an anti-pollution alert system.
The conditions and terms for the elaboration, approbation and implementation of the restoring plans and of the waters quality protection are fixed by regulatory means.

Article 50
The objectives of quality to which must respond underground waters as well as the superficial waters flowing and taking designed for the populations water supplying are fixed by regulatory means.

Article 51
The periodical inventory of underground and superficial waters degree of pollution as well as the waters dumping or rejection characteristic controls are carried out in accordance with the Articles 49 and 50 provisions of the law # 03-10 of 19 Joumada El Oula 1424 corresponding to 19 July 2003 concerning the protection of the environment within the scope of the lasting development and with the subsequent regulations texts.

Article 52
The characteristic techniques of the water wastes purification systems are fixed by regulatory means taking into account notably the criteria relative to agglomerations, the possibilities of purified waters use, and the contamination and pollution risks.

Article 53
To ensure the persons and possessions protection introduced downstream the superficial water stoppages and in proximity to oueds, and in accordance with the legislative provisions in force on the matter, devices fixed by regulatory means may, if such is the case, foresee instruments of floods prediction and alert and intervention measures.

Article 54
On the dykes of protection against floods, it is prohibited to plough, to plant trees, to circulate animals or to deploy any activity that could deteriorate the structure of works.

Article 55
In the regions or zones threatened by the phreatic sheets ascent, the State and the territorial collectivities carry out works and infrastructures of protection and institute all preventive measures and aid to the concerned populations in view of safeguarding the frame of life and possessions and to prevent the incurred risks.

Article 56
For each natural hydrographic unit, it is instituted a leading plan of water resources development that defines the strategic choices of water resources mobilization, allocation and use, including the non-conventional waters, in view of ensuring :
-the satisfaction of water needs corresponding to domestic, industrial and agricultural uses and other economic and social uses,
-the quantitative and qualitative protection of underground and superficial waters,
-the prevention and management of risks related to exceptional natural phenomena, such as drought and floods.

Article 57
The leading plan of water resources development determines, on the basis of water supply and demand, in quantity and quality, the expansion objectives of mobilization and water transfer developments between natural hydrographic units, taking into account economic parameters.
The leading plan of water resources development defines also the objectives on the matter of water resources use as well as the measures related to the economy, valorization and protection demands of water quality, within a perspective of these resources lasting management.

Article 58
The elaboration, consultation, adoption, evaluation and updating terms of the leading plan of water resources development, as well as its territorial limits, are fixed by regulatory means.

Article 59
It is instituted a water national plan that defines the objectives and national priorities on the matter of mobilization, integrated management, transfer and allocation of water resources.
It defines also the accompanying measures of economic, financial, regulatory and organizational nature necessary for its implementation.

Article 60
The elaboration, approbation, implementation, evaluation and updating terms of the water national plan are fixed by regulatory means.

Article 61
The programs for the developments realization of national, regional or local interest as well as the instruments and decisions of a technical or economic nature initiated by the administration in charge of water resources must take into account the objectives and measures fixed by the national plan of water.

Article 62
It is created a national consultative body called "National consultative council of water resources" in charge of examining the strategic options and the implementation instruments of the water national plan as well as all matters related to water for which its advice is required.

Article 63
The national consultative council of water resources is composed of the administrations representatives, the local assemblies, the concerned public establishments, and the professional or users associations.
The mission, the composition and the functioning rules of the national consultative council of water resources are fixed by regulatory means.

Article 64
At the level of each natural hydrographic unit, the integrated management of water resources is exercised by a hydrographic basin agency, of which the mission, the organization and functioning rules, and the consultation frame are fixed by regulatory means.

Article 65
The regulation of water public services may be exercised by an autonomous administrative authority.
The regulation authority is, within the legislation frame in force and the present law provisions, in charge of seeing to a sound functioning of the water public services, taking into account, notably, the users interests.
Within the frame of its mission, the regulation authority :
-contributes to the implementation of water public services management device and to the establishment of the related norms and rules,
-sees to abiding the principles governing the tariff systems and controls the costs and rates of the water public services,
-carries out any surveys, experts reports, studies and publications concerning the evaluation of the service quality to users.
The attribution as well as the organization and functioning rules of the regulation authority are fixed by regulatory means.

Article 66
It is established by the administration in charge of water resources an integrated management system of information on water, harmonized with the information systems and the data base constituted notably at the level of the competent public bodies.
The organization and functioning terms of the integrated management system of information on water are fixed by regulatory means.

Article 67
The physical or moral persons, of public or private law, holding a natural hydraulic public property authorization or concession, the water public services and cleaning up dealers or delegates and the irrigated perimeters exploitation dealers are obliged to provide periodically to the authority in charge of the integrated management system of information all data and information they have at their disposal.

Article 68
The administration in charge of water resources provides, at the request of whoever wants to undertake the duly authorized realization of a water taking work in the natural hydraulic public property for a public or exclusive use, all available information of a hydrologic and hydrogeology nature, as well as all information concerning the prescriptions of qualitative and quantitative protection.

Article 69
The superficial and underground water resources are subject to controls of their physical, chemical, biological and bacteriological characteristics.
The conditions in which are carried out the taking and the samples analyses are fixed by regulatory means.

Article 70
The inventories and the data base relating to water resources and to hydraulic works and installations of any nature are established and brought up to date by the administration in charge of water resources.

Article 71
Any water resources use, including the waters intended for agricultural use and the non-conventional waters, by physical or moral persons, of public or private law, by means of water taking works and installations or for aquaculture purposes, can only be carried out in accordance with an authorization or a concession issued by the competent administration in accordance with the present law provisions and its texts of application.

Article 72
The water resources use authorization or concession confers on its holder the disposal, for a determined period, of water flow or volume, determined on the basis of the global resources available in an average year and on the needs corresponding to the considered use.

Article 73
The water resources use authorization or concession gives rise to the payment of royalties fixed by the appropriation bill.
The terms of these royalties recovery are fixed by regulatory means and are specified in the authorization or concession proceedings.

Article 74
The water resources use authorization is an act of public law issued to any physical or moral person, of public or private law, who requests it in conformity with the conditions fixed by the present law and in accordance with the terms defined by regulatory means.

Article 75
Are subject to the system of water resources use authorization, the operations concerning:
-the realization of wells or drillings, with a view to underground water taking,
-the realization of spring harnessing works that are not designed for a commercial exploitation,
-the construction of derivation, pumping or stoppage works and installations, with the exception of dams, with a view of a superficial water taking,
-the establishment of any other underground or superficial water taking works or installations.

Article 76
The concession of water resources use concerning the natural hydraulic public property is an act of public law issued to any physical or moral person, of public or private law, who requests it, in conformity with the conditions fixed by the present law and according to the terms defined by regulatory means.

Article 77
Are subject to the system of water resources use concession, the operations concerning notably :
-the realization of drillings in view of water taking in the fossil aquiferic systems or weakly renewable, for agricultural or industrial uses, notably in the saharian zones,
-the establishment of superficial or underground water taking installations, including by the connection to water adduction systems, in view of ensuring an autonomous supply of industrial zones or units,
-the establishment of sea-water desalinization or briny waters demineralization installations on account of public utility or for the satisfaction of proper needs,
-the realization of infrastructures intended to purified water wastes use for individual or collective agricultural uses or for industrial uses,
-the development of natural mineral waters harnessing, of spring waters or waters called "table waters" of underground origin, having been the subject of a quality recognition procedure in view of a commercial exploitation for consumption purposes,
-the development of thermal waters harnessing or drillings having been the subject of a recognition procedure for their therapeutic properties in view of an exploitation for curative treatments purposes,
-the establishment of installations and the implementation of particular operations at the level of superficial water takings and lakes, in view of developing aquaculture and continental fishing or sports activities and nautical leisures,
-the establishment of installations at the foot of dams, water plans and derivation works in view of supplying hydroelectric factories.

Article 78
The granting of a water resources concession use is subordinated to the signing, by the conceding authority and the dealers, of particular terms of reference
The terms of reference types are fixed by regulatory means for each of the categories for use provided by the above-mentioned Article 77 provisions.

Article 79
The terms of reference concerning the concession use of fossil water resources must take into account the aquiferic sheets conservation requirements, to safeguard traditional harnessing works as well as the local ecosystems protection.

Article 80
The terms of reference concerning the concession of water resources use to ensure an autonomous supply of industrial zones and units must take into account the valorization possibilities of non-conventional waters as well as the economy requirements and water recycling through choosing appropriate processes.

Article 81
In accordance with the present law, the realization and exploitation concession of sea-water desalinization or briny waters demineralization installations for public utility purposes may be granted in conformity with the order provisions of 20 August 2001 relating to the investment development.

Article 82
The terms of references concerning the concession of purified water wastes use for the irrigation of certain cultures or the watering of green spaces must take into account preventive measures related to sanitary risks and impacts on the environment.

Article 83
The definition of natural mineral waters, briny waters, thermal waters and waters called "table waters" as well as the conditions of their classification and commercial exploitation are fixed by regulatory means.
In all cases, the terms of references relating to this concession category must take into account drinkable water supplying needs of agglomerations and neighboring localities as well as the satisfaction of pre-existing agricultural uses.

Article 84
The terms of references concerning the concession of water resources use for the development of aquacoles, sports or nautical leisures activities or for the production of electrical energy must take in charge the exploitation and maintenance necessities of water takings as well as the hydraulic works safety.

Article 85
The authorization or concession refusal of water resources use must be motivated.
Applications are refused if the needs to satisfy are not justified, if their satisfaction is detrimental to the quantitative and qualitative protection of water resources, if they infringe on the general interest or if they are contrary to the duly established third-parties rights.

Article 86
The authorization or concession of water resources use may, at any time, be modified, reduced or revoked on account of general interest, with compensation, if the authorization or concession holder is subjected to a direct prejudice, according to the terms fixed by the authorization or the terms of reference.

Article 87
The authorization or concession of water resources use is revoked, without compensation, after addressing a formal notice to its holder, in the case of the conditions and obligations non-respect that result from the present law provisions, regulatory texts taken for its application as well as from the authorization and the terms of reference.

Article 88
The administration in charge of water resources may order:
-the modification of equipment works in non-conformity with the authorization or concession conditions,
-the demolition of works carried out without authorization or concession or, in case of the authorization or concession right decay, the places restoration.

Article 89
The holders of a water resources use authorization or concession are obliged :
-to use water in an economical and rational way,
-to observe the provisions relative to the putting into service and exploitation conditions of hydraulic works,
-to respect the other water users rights,
-to install measure or counting devices of water consumptions,
-to submit to control interventions carried out by entitled agents.

Article 90
Without prejudice to the penal sanctions foreseen by the present law provisions, the administration in charge of water resources may proceed to the provisional suspension of the water resources use authorization or concession in case of duly recorded water wasting and whatever the cause.
The authorization or concession reestablishment is subordinated to recording, by the administration in charge of water resources, of the provisions taken by the concerned users to remedy to the recorded wasting.

Article 91
In case of natural calamities, and notably in case of drought, the administration in charge of water resources may take limitation or provisional suspension measures of water uses or proceed to requisitions in view of mobilizing the necessary waters to fight disasters and to ensure, as a priority, the populations water supply and the livestock watering.

Article 92
The hydraulic works and installations realized by the persons of private law must respond to the norms and rules prescribed in the Article 18 of the present law.

Article 93
Aids and supports of any nature may be granted to physical or moral persons, of public or private law, that initiate and put into service operations concerning notably :
-the development, implementation or modification of technologies processes, installations or equipments that permit to economize, recycle and to enhance the value of water,
-the use of purified water wastes in view of enhancing the value of processed waters.

Article 94
Any physical or moral person, of public or private law, holding a water resources use authorization or concession, benefits from a waters passage right, including the lands drainage waters, through an underground pipe in the intermediary funds, with the exclusion of yards, gardens and enclosures enjoining to houses. This must be made in the most rational and the less damageable conditions to the crossed funds exploitation, on condition of a just and prior indemnity.
The objections resulting from the constraint and compensation establishment are the concern of courts.

Article 95
The intermediary funds owners or farmers, affected by the constraint established in the above-mentioned Article 94, have the faculty to benefit from the entering or leaving waters flow from their funds. They support, in this case, :
-a proportional part of the works value of which they benefit,
-the costs resulting from the modifications that the exercising of this faculty may render necessary,
-a contributive part for the maintenance of common works.

Article 96
Any physical or moral person, of public or private law, holding a water resources use authorization or concession, has the faculty to rest, on the opposed resident property, the necessary works for his water supply point on condition of a just and prior indemnity.
Buildings, yards and enclosures enjoining to houses are exempted from this constraint.

Article 97
The resident on the funds of which the resting is claimed may require the work common use, by contributing, in half, to the establishment and maintenance expenses. In this case, no indemnity is due.
When the common use of this work is required after the works beginning and completion, the person who requires it must support, by himself, the exceeding costs of which the changes give rise.

Article 98
Any owner has the right to use and have at his disposal rain waters falling on his funds.
The inferior funds owner is obliged to receive on his funds the waters that flow naturally from the superior funds, notably rain-waters, snow-waters and non-harnessing springs.

Article 99
Any owner who, at the time of underground or probing works, springs up waters in his funds, has the crossing right on the inferior funds properties, along the most rational and the less damageable line.
The inferior funds owners have the right for an indemnity, in case of damage resulting from the waters flow.

Article 100
Drinkable and industrial water supply and cleaning up constitute public services.

Article 101
Water public services are the concern of the State and districts. The State may grant the management of water public services to moral persons of public law, on the basis of terms of reference and a service regulation approved by regulatory means. It may also delegate all or part of their management to moral persons, of public or private law, on the basis of a convention.
The district may, in accordance with the provisions fixed by regulatory means, exploit the owned water public services endowed of financial autonomy or concede their management to moral persons of public law.

Article 102
The dealer of a water public service or cleaning up is assigned, within the concession territorial limits, the exploitation, maintenance, renewal, rehabilitation and development of works and installations belonging to the artificial hydraulic public property and permitting to ensure, according to the case, :
-the water production from the mobilization and transfer works, the water treating, adduction, stocking and distribution for domestic and industrial use,
-the water wastes collection, evacuation and purification in view of their total elimination.
The dealer is also assigned the concession commercial exploitation, including the whole invoiced operations and the recovery of the total amounts due by the water public service and cleaning up users in conformity with the tariff system.

Article 103
Within the frame of a water public service or cleaning up concession, the dealer is obliged, according to the case, :
-to ensure the compatibility of the hydraulic infrastructures development projects with the stipulations of the water resources development leading plans,
-to rationally manage superficial and underground water resources and the non-conventional water resources put at his disposal,
-to promote technological processes as well as information and sensitive actions aiming at water economy by the public service users,
-to see to the receiving environments protection against pollution risks of any nature,
-to respect the norms and rules relating to the installations safety.

Article 104
The administration in charge of water resources, acting in name of the State, or the dealer, may delegate all or part of the water or cleaning up public services activities management to public or private operators presenting professional qualifications and sufficient financial guarantees.
The dealer may also delegate all or part of these activities to subsidiary companies of exploitation created to that effect.

Article 105
The public service delegation is made by means of an appeal to competition specifying notably the consistency and the execution conditions of the services put at the charge of the proxy, the committed responsibilities, the delegation duration, the proxy terms of payment or the paid service tariff by the users and the evaluation parameters of the service quality.

Article 106
The public service delegation may consist in the hydraulic infrastructures construction or their rehabilitation as well as their exploitation within the frame of partnership operations including the incurred projects conception and the investments financing.

Article 107
The convention of the public service delegation is approved in accordance with the provisions fixed by regulatory means.
The modification, prolongation or cancellation are made in the same manner.

Article 108
When the public service delegation is initiated by the dealer, acting as a delegating organism, this latter is obliged to solicit, prior to his putting in competition, the prior agreement of the administration in charge of water resources.

Article 109
The dealer must submit to the conceding authority an annual report permitting to control and evaluate the execution conditions of the public service delegation.
This annual report and the assessment ensued from its scrutiny are the subject of a communication to the government.

Article 110
The proxy is obliged to put at the dealer s disposal all useful technical, financial and accountancy documents for an evaluation of the public service delegation.

Article 111
In the sense of the present law, we mean by water of human consumption any water designed for :
-drink and domestic uses,
-fizzy drinks and ice manufacturing,
-the preparation for conditioning and the conservation of any foodstuffs.

Article 112
Any physical or moral person, of public or private law, supplying water of human consumption, is obliged to ensure that this water meets the drinkability and quality norms fixed by regulatory means.

Article 113
The human consumption of water supplying conditions by means of mobile tanks from a taking point or from a drinkable water supplying network are fixed by regulatory means.

Article 114
The water nature, periodicity, and analysis methods at the level of the production, treating, adduction, stocking works and installations and of human consumption water supplying, as well as the laboratories agreement conditions having to make these analyses, are fixed by regulatory means.

Article 115
Within the frame of sanitary control foreseen by the laws and regulations in force, it is proceeded regularly to control analyses of human consumption water quality.
The results of these analyses must be made public.

Article 116
The methods and the chemical products used for the human consumption waters treating and correction are defined by regulatory means.

Article 117
Any practicing person at the level of works and installations for water public service exploitation must be the subject of a medical follow-up in accordance with the provisions fixed by regulatory means. Persons suffering from a disease that could be transmitted by hydric ways are not allowed to practice.

Article 118
In an agglomerated zone, is obligatory the connection to the cleaning up public network of any residence or installation.

Article 119
Any dumping in a cleaning up public network or in a water wastes purification station, other than domestic, is subject to the prior authorization by the administration in charge of water resources.
This dumping may be subordinated to a pre-treating obligation in the case where, in the rough, these water wastes may affect the sound functioning of the cleaning up public network and purification station.

Article 120
It is prohibited to introduce into cleaning up works and installations any solid, liquid or fizzy material liable to harm the exploitation personnel health or to lead to degradation or a functioning nuisance of the water wastes collection, evacuation and purification works.

Article 121
In the scattered settlement zones or in the centers that do not have available a collective cleaning up system, the water wastes evacuation must be made by means of autonomous installations accepted and controlled by the administration in charge of water resources.

Article 122
Any cleaning up autonomous system must be rendered out of serving from the putting into service of a cleaning up public network.

Article 123
Any building owner must draw up his constructions roofs so that rain-waters flow out on his ground or on the public highway. He cannot let pour on his neighboring funds.

Article 124
The water wastes coming from houses may be brought to collection works in the same conditions and under the same reserves than those foreseen in the Article 94 of the present law.

Article 125
In accordance with the present law, is qualified as agricultural water any water designed for an exclusively agricultural use and, secondarily, to other needs connected to agricultural activities.

Article 126
Any agricultural water taking may only be conducted in accordance with the provisions fixed by the Articles 71 to 93 of the present law.

Article 127
Works and installations belonging to the artificial hydraulic public property and designed for agricultural use are classified as large, medium or small agricultural hydraulic infrastructures and are subject to concession in accordance with the conditions and provisions fixed by regulatory means.

Article 128
The water resources use authorization or concession for irrigation ends is granted to the benefit of a determined funds. In case of the considered funds transfer, the right of use is transferred in full to the new owner. This latter must declare this transfer to the administration in charge of water resources within a three months deadline as from the property transfer.

Article 129
The agricultural lands owners or farmers are obliged to proceed to a rational use of the agricultural water, notably through the use of techniques permitting to economize on water.

Article 130
The use of crude water wastes for irrigation is prohibited.

Article 131
In the sense of the present law, we mean by irrigation perimeter, any plots of agricultural lands having irrigation and cleaning up infrastructures, as well as having a perennial water resource.

Article 132
The typology of the irrigation perimeters as well as the rules, measures and obligations permitting to ensure the water valorization and the conservation of agricultural lands that include them are fixed by regulatory means.

Article 133
The management of irrigation perimeters equipped by the State, or on its behalf, is conceded to moral persons, of public or private law, on the basis of the terms of reference fixing, notably, the rules relating to the exploitation, maintenance and renewal of irrigation works and installations, lands drainage and cleaning up, and to the cover terms of the management charges.. The terms of reference also state the elements relating to the distribution and water use regulation inside the irrigation perimeter.
The standard terms of reference for the irrigation perimeters management by concession is fixed by regulatory means.

Article 134
The concession acts of water mobilization works and installations fix the organization rules of the water distribution and valorization as well as the cover terms of the maintenance and exploitation charges for the irrigation and cleaning up infrastructures of the agricultural lands.

Article 135
Any irrigation perimeter management dealer is obliged to :
-control the level of the phreatic sheet and to ensure its compatibility with a rational exploitation of the soils,
-follow the soils evolution and the irrigation waters quality by means of periodical analyses,
-see to that used waters do not constitute, by their stagnation, a deterioration source of the cultivable soils or a diseases propagation, notably by implementing agricultural drainage and cleaning up systems.

Article 136
Measures and particular prescriptions may be specified by regulatory means to ensure the development of :
-the pastoral hydraulics and the watering of livestock,
-the epandage of floods.

Article 137
The tariff systems of water services are established by a tariff zone in accordance with the conditions and terms fixed by decree.

Article 138
The tariff systems of water services are based on the principles of financial balance, social solidarity, water economy incitement and protection of the water resources quality.

Article 139
The public services tariffs are fixed and charged by the exploiting organism. They include all or part of the investment financial charges, the infrastructures exploitation, maintenance and renewal connected to the public service management.
The water tariffs must take into account the necessities of optimization costs, productivity progress, performance indicators of improvement and service quality.

Article 140
In the case where the application of incident obligations lead to tariffs that do not correspond to the real cost justified by the dealer or the proxy, he would be attributed a compensatory financial endowment equivalent to additional charges subjected as such.

Article 141
The water services dealers and proxies are obliged to present to the conceding authority, for each accountant exercise, the elements of analytical accountancy permitting to analyze the charges, products and cost prices and to ensure the tariffs transparency.

Article 142
The water services tariffs may be subjected to revision if the general economical conditions evolution requires it.

Article 143
The public service tariff of drinkable water supply is founded on the principle of tariffs progressivity in accordance with the users categories and the water supply brackets in order, on the one hand, to ensure to domestic users the supply, at a social tariff, of a water volume sufficient for the satisfaction of vital needs and, on the other hand, to regulate the demand corresponding to the different categories of users high consumption.
The application of this principle is translated by the establishment, for each tariff zone, of progressive price lists determined by the application of coefficients to the basic tariff calculated according to parameters changes defined in the Article 139 of the present law.

Article 144
The wholesale supply of crude or processed water by the public service dealer or proxy to districts or activities zones that ensure, under their responsibility, the management of their distribution system, is subjected to special tariffs.
The supplied water volumes are measured by a counting device installed at the delivery point.

Article 145
The users invoice of the public services supply in drinkable water supplying is established on the basis of price lists by a territorial tariff zone. It comprises two terms:
-a variable part, of a total amount proportional to the consumed volume during a given and measured period on the particular meter or, exceptionally, uniformly determined,
-a fixed part called subscription fixed tax, of a total amount covering all or part of the particular connection maintenance expenses, the water meter hiring and maintenance and the users commercial management.

Article 146
In the case of housing collective buildings, the invoice is established individually in the name of each occupier, co-landlord or tenant, on the basis of a really consumed and measured volume by a particular meter, taking into account the water consumption relating to common parts determined according to the indications of the general meter and the particular meters.

Article 147
The dealer, the proxy and the district-owned company are obliged to install meters at the request of the building landlord or the co-property administrator, formulated in accordance with the regulatory and particular conditions governing co-property.

Article 148
On a transitional basis, in the case of housing collective buildings with particular meters, the invoice is established on the basis of an adapted price list or special tariffs taking into account the number of apartments and professional offices served from a general meter as well as the conditions of water supply and the characteristics of the distribution network downstream the general meter.

Article 149
The tariff of the cleaning up public service is founded on the principle of tariffs progressivity according to the categories of users and the water consumption brackets corresponding to the drinkable water public service in order to take into account the importance, the nature and the polluting charge of effluents dumped into the collection network of water wastes.

Article 150
For each tariff zone, the progressive price list is determined by the application of coefficients to the basic tariff calculated according to parameters charges defined in the Article 139 of the present law.

Article 151
The invoice of users of the cleaning up public service supply is established on the basis of price lists by a territorial tariff zone. It comprises two parts :
-a variable part, of a total amount proportional to the water volume invoiced by way of the drinkable water supply public service,
-a fixed part called subscription fixed tax, of a total amount covering all or part of the particular connection maintenance expenses and the users commercial management.

Article 152
In the case of housing collective buildings, the invoice is established according to the terms defined in the Article 146 of the present law.

Article 153
In the case of the cleaning up public service users that have an autonomous water supplying in relation to the drinkable water supplying public service, the invoice of the variable part is based on the volume of used and measured water by a counting device, chargeable to the users, or estimated by the dealer, the proxy or the district-owned company.

Article 154
The invoice and recovery of the cleaning up public service supply may be ensured by the dealer or the proxy of the drinkable water supplying public service according to the terms fixed by conventional means.

Article 155
The tariff of irrigation water in the perimeters equipped by the State or on its behalf and managed through a concession is founded on the principles of water optimal valorization and the request regulation according to cultures systems and irrigation modes.

Article 156
The tariff systems of irrigation water take notably into account the cultures and rotation of crops types.

Article 157
For each irrigation perimeter, the price list is determined according to charges perimeters defined in the Article 139 of the present law.

Article 158
The users invoice of the irrigation water supply in the irrigation perimeters comprises two parts :
-a variable part, of a total amount proportional to the water volume consumed during a given and measured period directly by a counting device or estimated indirectly on the basis of the flow or the user watering module,
-a fixed part called fixed tax, of which the total amount is determined according to the irrigable area and the maximal flow subscribed to the user by way of the irrigation campaign.

Article 159
It is instituted a waters police constituted of agents coming under the administration in charge of water resources.
To fulfill their functions, the waters police agents take an oath before the tribunal of their administrative residence.
The specific status of the waters police, his agents level of formation, their indemnities that these latter must receive and the obligation of carrying distinctive badges are fixed by regulatory means.

Article 160
The waters police agents fulfill their prerogatives in accordance with their status and the provisions of the ordinance # 66-155 on 8 June 1966 concerning the code of penal procedure, modified and completed, notably its articles 14 (paragraph 3) and 27 and the provisions below.

Article 161
Offences to the present law are subjected to enquiry, noticing and investigation by the judicial police officers and agents as well as the waters police agents instituted by the above-mentioned Article 159.

Article 162
Offences are recorded by a report stating the facts and the declarations of their party or parties in fault.

Article 163
In view of enquiring and recording offences, the waters police agents have access to works and installations exploited by way of the hydraulic public property uses. They may require from these works and installations owner and operator their functioning in order to proceed to useful verification and may demand the communication of all documents necessary to the completion of their mission.

Article 164
The waters police agents are entitled to take, before the public prosecutor or the concerned judicial police officer, any person caught red-handed undermining the hydraulic public property, unless the offender resistance constitutes for them a serious menace. In this case the offender act of rebellion is mentioned in the report of the offence recording.

Article 165
In fulfilling their duties, the waters police agents may require the public force to give them assistance.

Article 166
Whoever commits an offence to the provisions of the present law Article 5 is fined from a five thousand dinars (5000 AD) to a ten thousand dinars (10 000 AD).
In case of subsequent offence, the penalty is doubled.

Article 167
Whoever commits an offence to the provisions of the present law Article 12 is fined from a fifty thousand dinars (50 000 AD) to a one hundred thousand dinars (100 000 AD).
In case of subsequent offence, the penalty is doubled.

Article 168
Whoever commits an offence to the provisions of the present law Article 14 is punished by a one (1) to five (5) years imprisonment and fined from two hundred thousand dinars (200 000 AD) to two millions dinars (2 000 .000 AD).
The equipments, materials and vehicles having served to commit the offence may be confiscated.
In case of subsequent offence, the penalty is doubled.

Article 169
Whoever commits an offence to the provisions of the present law Article 15 is punished by a two (2) to six (6) months imprisonment and fined from fifty thousand dinars (50 000 AD) to one hundred thousand dinars (100 000 AD) or by only one of these two penalties.
In case of subsequent offence, the penalty is doubled.

Article 170
Whoever commits an offence to the provisions of the present law Article 32 is punished by six (6) to three (3) years imprisonment and fined from fifty thousand dinars (50 000 AD) to one million dinars (1 000.000 AD).
The equipments and materials having served to commit the offence may be confiscated.
In case of subsequent offence, the penalty is doubled.

Article 171
Whoever commits an offence to the provisions of the present law Article 44 is fined by a ten thousand dinars (10 000 AD) to one hundred thousand dinars (100 000 AD).
In case of subsequent offence, the penalty is doubled.

Article 172
Whoever commits an offence to the provisions of the present law Article 46 is punished by one (1) year to five (5) years imprisonment and is fined from fifty thousand dinars (50 000 AD) to one million dinars (1 000.000 AD).
Incase of subsequent offence, the penalty is doubled.

Article 173
Whoever commits an offence to the provisions of the present law Article 47 is fined by a one hundred thousand dinars (100 000 AD) to one million dinars (1 000.000 AD).
In case of subsequent offence, the penalty is doubled.

Article 174
Whoever commits an offence to the provisions of the present law Article 75 is punished by six (6) months to two (2) years imprisonment and is fined from a one hundred thousand dinars (100 000 AD) to five hundred thousand dinars (500 000 AD).
The equipments and materials having served to commit the offence may be confiscated.
In case of subsequent offence, the penalty is doubled.

Article 175
Whoever commits an offence to the provisions of the present law Article 77 is punished by a one (1) year to five (5) years imprisonment and is fined from a one hundred thousand dinars (100 000 AD) to five hundred thousand dinars (500 000 AD).
The equipments and materials having served to commit the offence may be confiscated.
In case of subsequent offence, the offence is doubled.

Article 176
Whoever commits an offence to the dispositions of the present law Article 112 is punished by a one (1) year to two (2) years imprisonment and is fined from a two hundred thousand dinars (200 000 AD) to one million dinars (1 000.000 AD).
In case of subsequent offence, the penalty is doubled.

Article 177
Whoever commits an offence to the provisions of the present law Article 119 is punished by two (2) months to six (6) months imprisonment and is fined from one hundred thousand dinars (100 000 AD) to five hundred thousand dinars (500 000 AD) or only one of these two penalties.
In case of subsequent offence, the penalty is doubled.

Article 178
Whoever commits an offence to the provisions of the present law Article 120 is punished by six (6) months to one (1) year imprisonment and is fined from one hundred thousand dinars (100 000 AD) to five hundred thousand dinars (500 000 AD).
In case of subsequent offence, the penalty is doubled.

Article 179
Whoever commits an offence to the dispositions of the present law Article 130 is punished by one (1) year to five (5) years imprisonment and is fined from a five hundred thousand dinars (500 000 AD) to one million dinars (1 000.000 AD).
In case of subsequent offence, the penalty is doubled.

Article 180
Are abrogated all dispositions contrary to the present law, notably the law # 83-17 of 10 July 1983, modified and completed, concerning the waters code.

Article 181
The implemented texts of the law # 83-17 of 16 July 1983, modified and completed, concerning the waters code, remain in force until the promulgation of the regulatory texts foreseen by the present law.

Article 182
Authorizations, concessions and any other documents issued in accordance with the law # 83-17 of 16 July 1983, modified and completed, concerning the waters code, are updated in accordance with the provisions of the present law within a deadline not exceeding twenty four (24) months.
Works and installations for water resources use realized and exploited without an administrative act at the date of publication of the present law in the Official Journal of the Popular and Democratic Republic of Algeria are subjected to, within a deadline of one year, and under penalty of implementing the provisions of the above-mentioned articles 174 and 175 and the suppression of access to the hydraulic source, a declaration in view of their regularization under the conditions fixed by the present law.

Article 183
The present law will be published in the Official Journal of the Popular and Democratic Republic of Algeria.
Algiers, 4 August 2005.

Abdelaziz BOUTEFLIKA

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