Chapter
6:
Legal
and
regulatory
framework
of
Water
Law
3.
4.
5.
Irrigation
purposes.
Industrial
purposes.
The
minimum
environmental
requirements.
6.6.2
Quantity
of
use
Shari’ah
considers
water
to
be
a
gift
from
God.
Wasting
water
is
a
sin
or
haram,
whereas
rationing
water
is
51
considered
a
virtue.
For
this
reason
the
community
is
allowed
to
intervene
in
the
case
of
wasteful
water
use.
For
irrigation
purposes
the
quantity
of
water
permitted
is
set
at
a
layer
of
water
whose
depth
is
about
the
height
of
a
man’s
ankle.
The
Civil
Code
again
reflects
Shari’ah
and
customs
in
relation
to
allocation.
Article
1363
states
that:
‘sufficiency
is
to
be
determined
on
the
basis
of
water
use
when
the
land
was
first
reclaimed
or,
if
this
use
rate
in
unknown,
on
the
basis
of
use
when
the
land
began
to
be
irrigated.
In
spate
irrigation,
the
quantitative
measure
of
the
right
of
the
upstream
user
is
customarily
established
at
the
height
of
man's
ankle.’
Therefore,
the
Civil
Code
explains
the
obligation
that
the
senior
user
must
obtain
sufficient
water
based
on
either
the
amount
of
water
that
was
sufficient
when
the
land
was
first
claimed
and
if
this
is
not
know
it
should
be
estimated
according
to
52
the
needs
when
irrigated.
And
that
senior
rights
holders
have
an
obligation
against
persons
who
are
located
in
the
same
watershed
namely:
‘a
riparian
cannot
be
denied
his
right,
which
is
the
surplus
water
after
the
53
senior
user
gets
sufficient
water.’
As
explained
before,
the
Water
Law
specifies
that
traditional
rights
are
subject
to
registration
with
the
Authority.
These
rights
are
preserved
as
far
as
the
use
is
in
line
with
the
purpose
and
the
quantity
of
use
does
not
change.
For
the
other
rights,
the
amount
of
water
use
and
the
purposes
are
specified
in
the
license
and
regulated
in
Article
37,
where
it
says
that:
‘no
beneficiary
may
exceed
the
quantities
or
the
purposes
of
use
or
nay
other
technical
specifications
and
determined
by
the
Authority.
He
must
also
abide
by
the
conditions
specified
in
the
license,
and
the
bylaw
shows
the
detail
necessary
for
execution
accordingly.’
6.6.3
Places
of
use
and
sharing
It
is
of
significance
to
determine
whether
water
can
be
used
whenever
and
wherever
by
the
rights
holder.
This
issue
will
shed
light
on
whether
water
can
be
relocated.
As
a
consequence
of
Shari’ah
regarding
water
as
a
servitude
to
the
land,
an
individual
cannot
take
water
to
other
land
if
his
action
causes
harm.
This
viewpoint
is
supported
by
Article
1372
of
the
Civil
Code:
‘a
person
is
not
allowed
to
draw
water
to
irrigate
land
which
has
no
right
if
such
drawing
harms
those
who
have
a
water
right.’
Therefore,
surface
water
in
principle
has
to
be
used
to
irrigate
the
land
where
it
is
located
and
may
not
be
relocated.