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5WATER POLICIES IN JORDAN

5.1Historical Water Laws

The first water law enacted during the Mandate Period in Jordan was Law No. 17, of 1937 to preserve public water. Under this law, every water resources development project under the supervision of the government or municipality is considered a public project. Thus, no one is eligible to carry out either of the following acts without a license from the local governor within the region: (1) to dig a new well or pump water by any means; or (2) to make any changes to existing wells or pumping devices that may enlarge the diameter or depth of a well or discharge. A license to perform these acts included the names and addresses of the people entitled to do so. In addition, the license includes a detailed description of the acts permitted, along with a map illustrating the specific locations at which they may be performed. Law No. 2 of 1938 was subsequently issued to authorized officials to investigate water resources for possible exploitation.

In 1946, several laws were issued for the purpose of regulating and monitoring water resources. Law 38 of 1946, addressed water rights issues for the first time. This law mandated that water rights must be registered in the Department of Lands and Survey in record called the Water Record. Law No. 39 of 1946 also called for the establishment of a special court in which to resolve water disputes over irrigation projects. It gave priority to land with entitlements to water rights, and gave authority to water managers to ration water to farms in cases of water scarcity.

In 1949, Law No. 10 mandate the election of water committee formed from landowners of irrigation projects. In 1951, Law No. 87 was enacted to settle disputes and receive complaints on water rights. It instituted a court of disputes settlements whose ruling is considered final. In 1952, Law No. 40, covering settlement of lands and water, was enacted. This law aimed to resolve all disputes and issues related to landownership and water rights. It gave authority to the director of the Department of Lands and Survey to assign water for irrigation lands based on the area of irrigated land.

In 1959, Law No. 14 was issued to establish the East Ghor Valley Authority. This institution was in charge of planning, managing, and maintaining the East Ghor Canal project. It was also responsible for land reclamation, development, and land subdivision. That same year, Law No. 51 created the Central Water Authority (CWA) to be responsible for all matter related to water in Jordan, excluding those under the auspices of the East Ghor Canal Authority. In 1966, under Law No. 37, the CWA became the Natural Resources Authority (NRA).

In 1973, the Drinking Water Corporation was established under Law No. 56. This institution was in charge of planning, designing, operating, and maintaining water projects for domestic purposes. It was responsible for the use, purification, distribution, and sale of water.

Up to 1986, sewage system, collection and treatments of wastewater were under the authorities of the municipalities.

The above laws have been subsumed under the following laws:

1. 
   Law No. 26 (1977), the code for monitoring underground water resources which has recently replaced by law No. 85 of 2002.
   
2. 
   Law No. 18, (1988), the Water Authority Law,
   
3. 
   Law No. 19 (1988), the Jordan Valley Authority Law, which has been updated in 2001, and
   
4. 
   Law No. 54 (1992), the Ministry of Water and irrigation By-law.
   

5.2Water Management and Policy

There are three public agencies responsible for the management of water resources. The Ministry of Water and irrigation (MWI) is responsible of water resources policy and strategy development, water resources planning, research and development, information systems, procuring financial resources. The two agencies, namely; the Water Authority of Jordan (WAJ) and the Jordan Valley Authority (JVA) are executing bodies; they are under the umbrella of MWI and the Minister of MWI heads their boards of Directors. WAJ is responsible for providing water and sewage services throughout Jordan and for water resources management while JVA responsibilities cover the development of Jordan Rift valley, including water resources, primarily for agriculture in the Jordan valley and southern Ghors. JVA is also in charge of managing the scheme in the valley and all dams and reservoirs feeding JRV. The Ministry of Environment monitors the quality of surface water in natural environment and the quality of industrial wastewater discharged to the ecosystems to meet its mandate in conserving the environmental elements from pollution.

Up to 1996, management of the water sector had been characterized by short term planning focusing on increasing water supply, fragmented short-term policy and overlapping responsibilities between the three agencies (MWI, WAJ and JVA). In addition, there was no coordination between MWI and other ministries like the Ministry of Agriculture (MoA). For example, the responsibilities on up-land irrigation and on-farm irrigation management were vague lost between MWI and MoA. Also, there has not been any significant coordination between MWI and the Ministry of Environment as well as other entities in Jordan. However, according to ESCWA report (2004), Jordan is one of the few countries in the Middle East that applies the integrated water resources management.

Prior to 1990, management of water resources was based on crises management principles. Every summer, rural and urban populations were faced with fresh water shortages which result in rationing of water distribution. The situation with the agricultural sector is similar. As a result of that, there was an urgent need to formulate a national water policy taking into account all issues related to the water resources and their uses and management. This need was strongly supported by the World Bank, FAO and other donor agencies as well as by other donating governments.

In 1997, a National Water Strategy was approved by the government. The strategy stresses the need for improved water resources management with particular emphasis on the sustainability of present and future uses. Special care was given to protect Jordan’s water resources against pollution, quality degradation, and depletion. Furthermore, MWI was supposed to sustain the highest practical efficiency in the conveyance, distribution, and application and use of water resources. In addition, MWI was expected to adopt a dual approach of demand management and supply management, with tools of advanced technology being increasingly utilized to enhance the resource management capabilities.

The Water Strategy ensures that the rightful shares of the Kingdom’s shared water resources shall be defended and protected through bilateral and multilateral contacts, negotiations, and agreements. Water and wastewater projects associated with regional peace processes, including the scheme for the development of the Jordan Rift Valley, shall be accorded special attention for construction, operation and maintenance. Due respect will be given to the provisions of international law as applicable to water sharing, protection and conservation, and those applicable to territorial waters. Bilateral and multi-lateral co-operation with neighboring states shall be pursued, and regional co-operation shall be advocated.

The strategy defines the long-term goals that the government of Jordan seeks to achieve in the water sector. The Ministry plans was to formulate certain policies that would help achieve these goals.

Up to now, the Ministry has prepared and published the following four policies:

1. Groundwater management policy;

2. Irrigation policy;

3. Wastewater management policy and

4. Water utility policy.

• 
  Groundwater Management Policy:
  

• 
  Irrigation Water Policy:
  

• 
  Wastewater Management Policy:
  

• 
  Water Utility Policy: