Annexes
Annex
1:
The
Civil
Code
no.14
of
2002
Based
on
the
Shari’ah,
Article
1359
of
the
Civil
Code
provides
that
water
is
originally
nobody's
property
(mubah)
allowable
to
all.
As
such,
it
is
the
entitlement
of
the
whole
community
and
may
not
be
privately
owned,
unless
contained
in
a
receptacle
i.e.
reservoir
canal)
that
separates
it
from
the
source.
The
Civil
Code
contains
a
number
of
provisions
regarding
water
irrigation
and
use
rights,
such
as:-‐
Article
1360:-‐
Stipulates
that
res
nullius
water
is
the
entitlement
of
whoever
reaches
it
first,
even
if
the
water
is
located
in
someone
else's
property,
but
the
water
taken
may
not
exceed
the
appropriator's
needs;
Article
1361:-‐
Specifies
that
"a
partner
in
a
common
canal
has
no
right
to
connect
another
channel
to
it
unless
he
obtains
the
other
partners'
permission";
Article
1363:-‐
Specifies
that
the
right
to
use
water
for
irrigation
is
an
appurtenance
to
the
lands,
so
that
it
is
inheritable
but
it
cannot
be
sold
separately
from
the
land,
neither
may
it
be
rented
or
donated,
except
in
accordance
with
a
recognized
custom.
Article
1364:-‐
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;
and
Reflecting
the
Shari’ah
and
custom
regarding
equitable
allocation
of
water
the
Civil
Code
has
the
following
provisions:-‐
Article
1365:-‐
States
that
"a
person
is
not
allowed
to
draw
water
to
irrigate
land
that
has
no
water
right
if
such
appropriation
harms
those
who
have
a
water
right";
Article
(1366):-‐
The
right
of
water-‐way
is
the
right
of
a
land
owner
to
have
the
irrigation
water
flow
in
other
people's
land
in
order
to
reach
his
land.
If
this
right
is
proven
for
somebody
then
the
owners
of
the
other
lands
on
which
the
water
flows
have
no
right
to
prevent
him.
It
also
set
the
obligations
of
each
party
with
respect
to
maintaining
and
rehabilitating
the
water-‐way
so
as
to
prevent
damage
to
the
intermediate
land
(article
1367).
Article
(1367):-‐
A
water
channel
owner
must
operate
and
repair
it
so
as
to
remove
the
harm
which
may
occur
to
the
land
in
which
it
passes
through.
If
the
channel
owner
refuses,
then
the
land
owner
may
undertake
and
pay
for
the
repairs
then
claim
the
expenses.
The
law
also
regulated
issues
of
compensation
to
Intermediate
Land,
the
right
of
the
intermediate
land
to
benefit
from
the
passing
structures
(canals
or
pipes)
provided
a
share
of
the
cost
is
paid.
Article
(1368):-‐
A
landlord
who
irrigates
his
land
using
extracted
natural
water
and
other
waters
has
the
right
to
obtain
(for
his
irrigated
land)
a
channel-‐way
in
the
intermediate
land
between
it
(the
water)
and
his
land…
for
a
fair
compensation
to
be
paid
without
delay,
unless
it
is
customary
not
to
compensate,
and
provided
that
the
benefits
that
accrue
to
the
owner
of
the
intermediate
land
are
not
clearly
damaged,
and
if
a
damage
actually
occurs
then
the
landlord
(of
the
intermediate
land)
can
demand
compensation
for
the
incurred
damage.
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