Also issued in this series: 1. Wildlife and National Parks Legislation in Asia. G. Kropp, 1971. 2. Wildlife and National Parks Legislation in Latin America. G. Kropp, 1971. (Also in Spanish) 3. Vicuña Conservation Legislation. G. Kropp, 1971. (Also in Spanish) 4. Legal Systems for Environment Protection. Japan, Sweden, United States. P.H. Sand, 1972, 5. Derecho Agrario y Justicia Agraria. J.R. Masrévéry, 1974. 6. Agricultural Credit Legislation in Selected Developing Countries. D.Mylonas, 1974. 7. An Outline of Food Law. (Also in French and Spanish) 8. Legislación de Aguas en América Central, Caribe y México. M.T. Sandoval. 9. A Legal and Institutional Framework for Natural Resources Management. J. Cano. Legislative Study No. 10 WATER LAWS IN SELECTED EUROPEAN COUNTRIES (Belgium, England and Wales, France, Israel, Italy, Spain, Turkey) Agrarian and Water Legislation Section LEGISLATION BRANCH, LEGAL OFFICE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 1975 FOREWORD This study on Water Legislation and Administration in Selected European Countries is meant as a further contribution towards a global inventory of national experiences in this field. In view of its interest in promoting agricultural production which requires a major consumptive use of water resources, F.A.O. has always been concerned with the legal and institutional aspects of water management. As early as 1950, it initiated the publication of a variety of documents on water law and administration, including country studies on the United States (1950), Italy (1953), Moslem countries (1954), Latin America (1956) and on groundwater legislation in Europe (1964). Similar studies were later contributed by the United Nations Economic and Social Commission for Asia and the Pacific (formerly ECAFE) for most of its member countries (1967-1968) and by the United Nations Secretariat which recently published general comparative studies on the legal regime of the abstraction and use of water (1972) and on national systems of water administration (1974). Through the preparation of such studies and with the benefit of extensive field experience, an Outline was eventually developed for the systematic inventory of national water resources legislative and institutional frameworks. This Outline, based on the hydrologic cycle, considers water resources conservation, development and utilization as an integrated whole and treats corresponding legal and institutional aspects accordingly. The Outline, which is given in Annex, has now been used by F.A.O. for some years and, in particular, for the re-edition of its earlier study on Water Laws in Moslem Countries (1973) and for the preparation of the present publication. It is intended to be further used in the preparation of similar monographs covering other groups of countries for general information purposes and, in particular, as part of the preparatory work for the 1977 United Nations Water Conference. Under the impulse of technological progress, water legislations and institutions have recently begun a fundamental process of modification affecting arid and humid, developing and industrialized countries alike. Presenting almost all varieties of geomorphological, hydroclimatological and socio- political elements which naturally condition water resources management and as the arbour of most of the major legal systems of today in the world, Europe no doubt affords a useful illustration of such a development process. Among the countries surveyed in this study, each one illustrates particular features and experiences with respect to either its climate, water/ soil conditions, juridico-political history or institutional organization. Although it has not been possible at this time to present a wider coverage of European countries, it is hoped that a second volume can be published in the future which would include case studies on countries of northern and eastern Europe as well as with a federal system of government. Each country monograph has been graciously contributed by individual water resources lawyers in their personal and private capacity. These are : Miss T. Aptekman (Belgium, England and Wales, and France), Don Carlos Arrieta (Spain), Dr. S. Burchi and Dr. G. Masina (Italy), Dr. I.O. Türkoz (Turkey), and Dr. M. Virshubski (Israel). They should find here the expression of our deepfelt appreciation for their desinterested collaboration. Equally appreciated is the contribution of Mr. Bernard J. Wohlwend, Legal Officer, Legislation Branch, who has coordinated this research programme and edited the present publication. Finally, the seven country monographs comprising this study may possibly contain omissions or statements based on such incomplete information as was available in some cases. The Legislation Branch will accordingly be grateful to anyone who would point out such deficiencies so that these may be taken into account in any future edition. Dante A. Caponera Chief, Legislation Branch Legal Office - iii - CONTENTS Page BELGIUM I Introduction 1 II Legislation in force 2 III Ownership of waters 4 IV The right to use water or water rights 5 V Order of priorities 8 VI Legislation on beneficial uses of water 8 VII Legislation on harmful effects of water 10 VIII Legislation on water use, quality and pollution control 11 IX Legislation on underground waters 13 X Legislation on the control and protection of waterworks and structures 14 XI Legislation to declare protected zones or areas 16 XII Government water administration and institutions 16 XIII Special and autonomous water development agencies 22 XIV Legislation on financial and economic aspects of water resources 24 XV Implementation of water law and administration 25 ENGLAND AND WALES I Introduction 27 II Legislation in force 30 III Ownership of waters 31 IV The right to use water or water rights 31 V Order of priorities 35 VI Legislation on beneficial uses of water .35 VII Legislation on harmful effects of water 37 VIII Legislation on water use, quality and pollution control 39 IX Legislation on underground waters 41 X Legislation on the control and protection of waterworks and structures 41 XI Legislation to declare protected zones or areas 42 XII Government water administration and institutions 43 XIII Special and autonomous water development agencies 48 XIV Legislation on financial and economic aspects of water resources 49 XV Implementation of water law and administration 51 - iv - Page. FRANCE I Introduction 53 II Legislation in force 56 III Ownership of waters 58 IV The right to use water or water rights 59 V Order of priorities 62 VI Legislation on beneficial uses of water 62 VII Legislation on harmful effects of water 64 VIII Legislation on water use, quality and pollution control 65 IX Legislation on underground waters 67 X Legislation on the control and protection of waterworks and structures 69 XI Legislation to declare protected zones or areas 71 XII Government water administration and institutions 72 XIII Special and autonomous water development agencies 79 XIV Legislation on financial and economic aspects of water resources 81 XV Implementation of water law and administration 84 ISRAEL I Introduction 06 II Legislation in force 83 III Ownership of waters 90 IV The right to use water or water rights 90 V Order of priorities 91 VI Legislation on beneficial uses of water 91 VII Legislation on harmful effects of water 94 VIII Legislation on water use, quality and pollution control 95 IX Legislation on underground waters 99 X Legislation on the control and protection of waterworks and structures 100 XI Legislation to declare protected zones or areas 101 XII Government water administration and institutions 103 XIII Special and autonomous water development agencies 108 XIV Legislation on financial and economic aspects of water resources 108 XV Implementation of water law and administration 110 - v - Page ITALY I Introduction 117 II Legislation in force 119 III Ownership of waters 121 IV The right to use water or water rights 123 V Order of priorities 126 VI Legislation on beneficial uses of water 127 VII Legislation on harmful effects of water 131 VIII Legislation on water use, quality and pollution control 134 IX Legislation on underground waters 136 X Legislation on the control and protection of waterworks and structures 138 XI Legislation to declare protected zones or areas 142 XII Government water administration and institutions 144 XIII Special and autonomous water development agencies 153 XIV Legislation on financial and economic aspects of water resources 157 XV Implementation of water law and administration 159 XVI Customary water law and institutions 162 SPAIN I Introduction 163 II Legislation in force 166 III Ownership of waters 167 IV The right to use water or water rights 172 V Order of priorities 173 VI Legislation on "beneficial uses of water 173 VII Legislation on harmful effects of water 181 VIII Legislation on water use, quality and pollution control 186 IX Legislation on underground waters 188 X Legislation on the control and protection of waterworks and structures 192 XI Legislation to declare protected zones or areas 193 XII Government water administration and institutions 195 XIII Special and autonomous water development agencies 201 XIV Legislation on financial and economic aspects of water resources 205 XV Implementation of water law and administration 207 - vi - Page TURKEY I Introduction 211 II Legislation in force 213 III Ownership of waters 215 IV The right to use water or water rights 217 V Order of priorities 219 VI Legislation