WATER RESOURES ACT, 2049 (1992)

Date of Authentication and publication

17 Pausa 2049 (17 December, 1992)

AN ACT MADE TO PROVIDE FOR THE MANAGEMENT OF

WATER RESOURCES

PREAMBLE :WHEREAS, it is expedient to make arrangements for the rational utilization, conservation, management and de velopment of the water resources that are available in the Nepal in the form of surface water, underground water or in whatsoever form, and

Whereas , it is expedient to make timely legal arrangements for determining beneficial  uses of water resources, preventing environmental and other hazardous effects thereof and also for keeping water resources free from pollution.

NOW, THEREFORE, be it enacted by the Parliament in twenty first year of the reign of

HIS MAJESTY’S KING BIRENDRA BIR BIKRAM  SHAH  DEV.

1. Short Title and Commencement: (1) This Act may be  called  “Water Resources Act, 2049 (1992).”

(2)       This Act shall come into force on such date as  Government  of Nepal may, by a notification published in the Nepal Gazette,  appoint.

1. Definition: in this Act ,Unless the subject or the context otherwise requires  :

(a)           “Water Resources” means the water that  is available in  Nepal in the form  of surface water, underground water or in whatsoe ver form.

(b)           “Beneficial Uses” means rational uses of the water resources within the available means and resources.

(c)           “License” means a person or a corporate body which has obtained  the  license to use water resources pursuant to Section  8. 

(d)           “Users Association” means Water Users Association constituted pursuant to Section 5.

(e)           “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules made under this Act.

1. Ownership of Water Resources: The ownership of the water resources available in  Nepal shall be vested in  Nepal.
2. Utilization of Water Resources: (1) No person shall be entitled to utilize the water resources without obtaining a license under this  Act.

(2)           Notwithstanding anything written in Sub-section (1), no license shall be required for the following uses of water resources.

(a)           For one’s own drinking and other domestic use on an individual or collective basis,

(b)           For the irrigation of one’s own land on an individual or collective basis,

(c)           For the purpose of running water-mill or water-grinder as cottage industry,

(d)           For the use of boat on personal basis for local  transportation,

(e)           For the use, as prescribed, of the water resources confined to  a land  by the owner of such land.

(3)   A person or a corporate body making use of water resources shall make its beneficial use without causing damage to other.

5  Constitution of Water Users Association: (1) Persons willing to make  use  of water resources for collective benefits on an institutional basis may form a Water Users Association as prescribed. 

(2) The Water Users Association, constituted pursuant to Sub-section (1) shall be registered as prescribed before the prescribed officer or  authority.

1. Water users Association to be a Corporate Body: (1) Users  Association  shall be an autonomous and corporate body ha ving perpetual succession.

(2)           Users Association shall ha ve a separate seal of its own for  the  purpose of its all business.

(3)           Users Association may, as a person, ha ve the right to acquire, enjoy, sell, dispose or arrange by any means of movable and immovable property.

(4)           Users Association may sue as a person or be sued against it.

1. Priority Order on the Utilization of Water Resources: (1) While utilizing water resources following priority order shall, in general, be  followed:

(a)           Drinking water and domestic users;

(b)           Irrigation;

(c)           Agricultural uses such as animal husbandry and fisheries;

(d)           Hydroelectricity;

(e)           Cottage Industry, industrial enterprises and mining uses,

(f)            Navigation;

(g)           Recreational uses;

(h)           Other uses.

(2)           If a dispute arises while utilizing water resources, the prescribed committee shall, on the basis of priority order as set out in Sub-section (1), the beneficial use or misuse made of the water resources in accordance with Sub- section (3) of Section 4 and also by conducting other necessary enquiries, decide as to whether or not or in what manner such use could be made.

(3)           The decision made by the prescribed committee pursuant to Sub- section (2) shall be valid to all concerned.

(4)           The procedure of the committee, as prescribed pursuant to Sub- section (2), while deciding on matters mentioned on that Sub-section, shall be as prescribed.

1. Provisions of License: (1) A person or a corporate body, who desires to conduct survey or to utilize water resources, shall be required to submit  an application  to the prescribed officer or authority along with the economic, technical and environmental study report and with other prescribed particulars.

Provided that such study report shall not be required to be  appended  while  applying for the license to conduct the survey of water  resources.

(2)           On receipt of an application pursuant to Sub-section (1), the prescribed officer or authority shall conduct or cause to conduct  necessary enquiries and issue a license to the application by prescribing necessary terms according to the format as prescribed within 30 days of the receipt of such application in the case of license for conducting survey of water resources  and within 120 days in the case of license for the utilization of water resources in accordance with the priority order as set out in Sub-section (1) of Section 7.

(3)           A person or a corporate body, who is  utilizing water resources prior  to the commencement of this Act, shall be required to submit an application along with the prescribed particulars to the prescribed officer or authority within one year from the date of the commencement of this Act except other wise provided in Sub- section (2) of Section 4.

(4)           One receipt of an application pursuant to Sub-section (3), the prescribed officer or authority, after conducting necessary enquiries, shall issue a license according to the format as prescribed, within 60 days of the receipt such application. 

(5)           The licensee shall have to pay charge or annual  fee  for  utilizing  water resources as prescribed to  Government of Nepal.

(6)           In case a licensee wishes to sell or otherwise transfer its license, it shall be required to obtain the approval from the prescribed officer or  authority.

1. Utilization of Water Resources for Hydro-electricity: (1) Notwithstanding anything written in Section 8, the license relating to the survey of water resources and its utilization for the generation of hydro-electricity shall be governed by the prevailing laws.

(2) With regard to the generation of  hydro-electricity,  other  matters  relating to the utilization of water resources shall be in accordance with this  Act.

1.  Government of Nepal may Utilize or Develop Water Resources: (1) Nothing mentioned in this Act shall be deemed to ha ve prevented Government of Nepal from utilizing or developing water resources on its own.

(2)             Government of Nepal may, for purpose or extensive public uses, acquire and develop water resources and the land, building, equipment and structures relating thereto utilized  by any person under this  Act.

Explanation: For the purpose of this Act, “Extensive Public Use” means the use which does not cause substantial adverse effect to the existing use and serves benefits to larger population that the existing population benefited from  it.

(3)             Government of Nepal shall pay compensation as prescribed, to the concerned person for the land, building, equipment or structures relating to the utilization of the water resources taken over by it pursuant to Sub-section (2).

(4)           The amount of compensation payable pursuant to Sub-section  (3) shall be determined on the basis of the current price (after deducting,  wear, tear  and depreciation) of the land, building, equipment and structures owned by Government of Nepal.

1. Water Resources Development Project may be Turned-over:

(1)             Government of Nepal may, on terms and conditions  as  are necessary, turn-over to the users association any water resources project developed pursuant to Sub-section (1) or (2) of Section 10 after its  completion.

(2)           The concerned users association shall have the ownership over the project turned-over to it pursuant to Sub-section (1) and the concerned users association shall operate such project as if it has got licensee under this  Act.

1. Contract may be Entered into for the Utilization of Water Resources: Notwithstanding anything written elsewhere in this a Act, Government of Nepal may, subject to the prevailing law, enter into a contract with any  national  or Foreign company, corporate body or person to de velop or cause to develop, utilize and extend the services of any water resources on such terms and conditions as mentioned in such contract.
2. Power to Fix the Terms and Conditions of the Use of Service and to Realize the Service Charge: (1) The licensee may make available services generated out of the use of water resources developed on its own to any other person on the basis of mutual terms and conditions and realize the charge in consideration of such services rendered to them.

(2) In case where the services generated out of the use of water resources developed by Government of Nepal is made available to any other person, the service charge may be fixed as prescribed, and may be realized in consideration of services rendered to them.

1. Services may be Stopped: The services to such person may be stopped who, is  in default of payment of the charge for the utilization of services or utilizes the services unauthoritatively or misuses the services or acts in contravention of the terms and conditions.
2. To Enter Into Other’s Premises: If Government of Nepal or the licensee requires to enter into anyone’s premises in connection with the  survey  or  utilization of water resources, the employee of Government of Nepal  or  the  licensee may enter into such premises only after giving a prior notice to the concerned person. In case any loss or damage is caused due to such entry, Government of Nepal or the Licensee shall pay compensation, prescribed for such loss or damage.

Provided that such employee may, without giving prior notice, enter into the concerned premises to rescue from any accident or if there is  a reasonable ground  to suspect that water resources is being unauthoritatively used or misused in such premises.

1. Utilization and Acquisition of Other's Land and House: (1) If it is required that the land or house of any person be used or acquired for the purpose of performing any of the following function, the licensee  may submit an application  to Government of Nepal :

(a)           For the construction of a dam or barrage,

(b)           For the construction of canal, ditch or tunnel,

(c)           For the construction of a water tank on the surface or underground or for laying pipe,

(d)           For the construction of ponds or installation of a water distributing centre,

(e)           For performing any other necessary work related to the development of  water resources.

(2)           On receipt of an application pursuant to Sub-section (1), Government of Nepal may, after conducting necessary enquires into the matter, make available such land or house in the same manner as it makes a vailable to any corporate body under the prevailing laws. 

(3)           If a construction work relating to the development and utilization of water resources has been performed by Government of Nepal or a licensee, Government of Nepal may prohibit to use the premises of a house or land located  in the area where such construction work  is performed or  the premises of a house or land located in the prescribed distance from such place of construction by any other person for any specified purpose. Government of Nepal or the licensee shall pay compensation, as prescribed, to the concerned person for such damage or loss caused due to such prohibition.

1. Security of Structure Related to the Utilization of Water Resources: (1) Government of Nepal may make necessary arrangement for the security of any structure related to the utilization of water resources, on the request of licensee or  by itself, if it deems it necessary to provide such security.

(2) If security arrangement is made pursuant to subsection (1)  on the  request of the licensee, all the expenses incurred for such security shall be borne by the licensee.

1. Fixing of Quality Standard of Water Resources: (1) Government of Nepal may, by a notification published in the Nepal Gazette, fix the necessary quality standard of water resources for  various uses.

(2) While making use of water resources, the  quality  standard  as  prescribed pursuant to Sub-section (1) shall be maintained.

1. Water Resources not to be Polluted: (1) Government of Nepal may, by a notification published in the Nepal Gazette, prescribe the pollution tolerance limit for water resources.

(2)           No one shall pollute water resource by way of using or putting any litter, industrial wastes, poison, chemical or toxicant to the effect that the pollution tolerance limit of the water resource as prescribed pursuant to Sub-section (1) is exceeded. 

(3)           The prescribed officer may, as required, examine or  cause  to examine to determine as to whether or not the water resource has been polluted or the quality standard as prescribed pursuant to Sub-section (1) of Section 18 has been maintained.

1. Not to Cause Substantial Adverse Effect on Environment: While utilizing water resources, it shall be done so in such a manner that no substantial adverse effect be made on environment by way of soil erosion, flood, landslide or similar other cause.
   1. License may be Cancelled: (1) If the licensee performs any act contrary to this Act or Rules made under this act, the prescribed officer may issue an order to the concerned licensee by prescribing necessary improvements to be made on such activity within the specified period.

(2)           If the licensee makes no improvement within the prescribed period pursuant to Sub-section (1), the prescribed officer may cancel the license of such person.

(3)           Prior to the cancellation of license pursuant to Sub-section (2), the prescribed officer shall give the licensee a reasonable opportunity to explain his innocence.

1. Penalties: (1) The prescribed officer may impose a fine upto an amount of five thousand rupees to any person who acts in contra vention of this Act or Rules made under this Act and realize compensation also for such damage from such person if damage is caused to anybody due to such  act.

(2)           The prescribed, officer may impose a fine up to five thousand rupees and cause to close such activity if any person utilize the water resources without obtaining the license which is required to be obtained under this act or without observing the terms and condition set forth in the license.

(3)           If a person steals, misuses or uses unauthoritatively the services developed out of the water resources pursuant to this Act, such person may be punished with a fine at par with the value of the services and the value of such services shall be realized from such person by the prescribed  officer.

(4)           If any person causes adverse effect, demolishes, destroys or causes harm otherwise with mala fide intention to any source of drinking water,  dam,  canal or any structure related to the utilization of water resources or any other structure related to the same or induces to do the said acts or attempt to do so, such person may be punished with a fine at par with the value of the damages or with imprisonment up to ten years or both realizing the value  of  such damages from  such person.

1. Appeal: Any person who is not satisfied on the decision of the compensation pursuant to Section 10, 15, or 16 or the decision of the cancellation of license pursuant to Section 21 or an order of the punishment issued by  the  prescribed officer pursuant to Sub-section (1), (2) or (3) or Section 22, an appeal against such decision or order may lie  in an appellate court within a period of thirty five  days.
2. Power to Make Rules: (1) Government of Nepal may frame Rules in order to carry out the objectives of this Act.

(2) Without prejudice to the generality of the powers conferred by Sub- section (1), Government of Nepal may frame Rules, in particular, on the following subjects:

(a)           Matters relating to drinking water, irrigation, navigation, industrial and recreational uses and matters related to similar uses of water resources.

(b)           Matters relating to conservation of water resources and the control of flood and soil erosion.

(c)           Matters relating to the conservation of environment.