Laws and Regulations on Water and Wastewater Installations
Criminal Laws for Saboteurs of Water, Electricity, Gas and Telephone Installations
Approved by: National Consultative Assembly Date of Approval: 02 Jan. 1973
Article 1: Every one-aimed at disordering public order and security- destroy, fire, disable or impose any kind of disorder in technical installations of water, electricity, gas, governmental telecommunication and their belongings including dam; canal; piping; their production, distribution and transfer machineries; telecommunication systems and international communications such as telephone, telegraph, radio, television, microwave and other related systems established by governmental budgets, joint stock of government and private sector or on behalf of the private sector for public application will be sentenced to 3-10 years of solitary confinement. If the perpetrator is one of the employees of the mentioned organizations, he/she will be sentenced to the hardest punishment. The perpetrator will be put to death if the mentioned measures lead to death of person(s).
Bill on Abatement of Violation from State Water and Electricity Installations
Approved by: Revolution Council Date of Approval: 24 June 1980
Article 1: Every one who illegally use drinking water, irrigation streams, distribution networks and electricity transmission lines or illegally intervene in water and electricity installations will be sentenced to abatement of violation, restoration of the previous conditions and payment of 20-50,000 Rials as pecuniary fine; in case of repeating or continuing these measures, they will be sentenced to misdemeanor confinement from 61 days to 6 months in addition to abatement of violation and restoration of the previous conditions. In both cases, they will be forced to compensate the inflicted losses. If, according to other regulations, measures of the perpetrator are liable to more punishments, they will be sentenced to the hardest penalties.
Water Equitably Distribution Law
Approved by: Islamic Consultative Assembly Date of Approval: 07 Mar. 1983
Article 1: According to the rule No.45 of Constitutional Law of Islamic Republic of Iran, water of seas, rivers, natural streams, valleys, and any other natural route including surface and underground, flood waters, wastewaters, seepage waters, lakes, lagoons, natural ponds, springs, mineral waters and resources of underground waters are public property, belong to the Islamic government and they will be used on accordance with public interests. Responsibility of their maintenance, permit and supervision on their exploitation is entrusted to the government.
Article 2: Bed of natural streams, public canals and rivers including seasonal or permanently water bearing ones, floodways, bed of lagoons and natural ponds belong to government of Islamic Republic of Iran. It is also true for coast lands and lands reclaimed as a result of dropping water level of seas and lakes or drying of lagoons and batteries if they are not revived before approval of law on how cultivate lands in the government of Islamic Republic.
Note 1: Ministry of Energy is responsible for determining width of bed and its limit for every river, natural stream, floodway, lagoon and natural pond at every location considering hydrological statistics of rivers, streams and watermark in their natural bed without observing trace of marine installations establishment.
Note 2: Limit of reservoirs, marine installations, public canals of water supply, drainage and irrigation including surface and underground will be determined by Ministry of Energy and will be called definite after approval of The Cabinet.
Note 3: It is forbidden to establish any kind of building, excavate and interfere in bed of rivers, natural streams, public canals, floodways, lagoons, natural ponds and also legal limit of coasts of seas and lakes including natural or vessel except with the permit of Ministry of Energy.
Note 4: If Ministry of Energy recognizes that buildings existing in bed and limits of streams, rivers, public canals, floodways, lagoons and natural ponds create troubles for water or electricity affairs, it will notify the owner or possessor to evacuate and eradicate the building; otherwise, Ministry of Energy will take necessary actions to evacuate and eradicate the building through obtaining permit and supervision of public prosecutor or his representative. The resulted losses will be determined and paid according to the Articles 43 and 44 of this law.
Executive By-law of Second Chapter (Water Equitable Distribution Law)
Article 1: According to the Article 3 of the Water Equitably Distribution Law, if any person including real or legal, ministries, governmental organizations and institutes of Islamic Revolution intend to use underground waters through digging wells, making subterranean canals, deepening the wells or changing their place, developing springs or other ways at every place of the country should submit their written request along with the mentioned documents to the water organizations affiliated by Ministry of Energy or their branches. Wells located at areas which have been known as allowed ones according to the Article 5 of the Water Equitable Distribution Law are excluded from this condition.
Law for Establishing Facilities for Wastewater Plans and Reconstruction of Drinking Water Networks
Approved by: Islamic Consultative Assembly Date of Approval: 14 June 1998
Single Article: In order to reconstruct and develop water installations of cities and complete incomplete wastewater plans and prioritize execution of wastewater plans, Water and Wastewater Companies are allowed to supply part of financial resources required by these plans as follow:
Note 1: Water and Wastewater Companies of provinces are allowed to collect part of subscription granting charges, as separation fee mentioned in the Article 11 of law on organizing Water and Wastewater Companies approved in 1990, according to tariffs of Oct., 1997 and consistent with annual growth of subscription fee in cities with over than one hundred thousand population and spend them merely for executing of wastewater plans, reconstructing and developing water installations of the same city. (Meanwhile, provisions of the Article 11 of law on organizing Water and Wastewater Companies are still binding).
Note 2: Water and Wastewater Companies of provinces are allowed to collect about 10% in addition to approved rates of membership fees for water and its costs until setting up wastewater installations in cities in which wastewater plans are under execution. Studying of wastewater of cities in which execution of wastewater plans are necessary will be supplied from facilities of this note.
Note 3: Until organizing of Islamic Council of city, it is permitted that a board of governor general, head of Plan and Budget Organization of the province, manager of province Water and Wastewater Company, one or two province representatives in Islamic Consultative Assembly selected by the parliament (as supervisor) verify and confirm approaches of financial contribution of nation and other sections, establishing facilities for execution of cities water and wastewater plans based on the suggestion of province Water and Wastewater Company so that they can be executed by Water and Wastewater Companies after approval of Ministry of Energy.
Note 4: State Water and Wastewater Engineering Company and Water and Wastewater Companies of provinces are obliged to provide legal and contractual frameworks required for encouraging private sector to invest, develop and exploit of water and wastewater plans. State Water and Wastewater Engineering Company will be responsible, on behalf of the government, to control quality of offered services and exercised tariffs.
Note 5: All benevolently contributions of real or legal persons to Water and Wastewater Companies to build constructions, establishments and specified machineries or supply part of investment required for execution of local plans will be spend by supervision of the board mentioned in the Note 3. These contributions are regarded as part of public rights such as subscription fee and other self-assistance of people and can not be changed to capital, divided among shareholders or used for compensation of operational losses of the companies. Ministry of Economics and Finance defines these charges as acceptable ones.
Note 6: Any increase resulting from this law and related to administrative buildings of the organizations which use public revenue should be approved by the government.
By-law on Preventing from Water Pollution
Approved by: Cabinet Council Date of Approval: 21 Nov. 1971
Article 1: In execution of purport of the Article 56 of law on water and how nationalize it, waters are classified as follow:
Group 1: Waters dedicated for drinking or will be done so in future.
Group 2: Waters regarded as environment of fishable aquatics in which fishing, reproduction or cultivation take place; or dedicated to the mentioned purposes or used by animals and flying.
Group 3: Waters used in agriculture and irrigation
Group 4: Waters substantially used in industry
Group 5: Waters have recreation and good-looking consumption
Group 6: Other waters running in streams, water holes and waterways of public roads which have not classified in other groups, applied or considered for the above-mentioned consumptions.
Article 2: Class of all waters including surface or underground, lakes, seas and coastal waters will be determined by Ministry of Water and Electricity and accordingly Ministry of Interior, Ministry of Agriculture and Natural Resources, Ministry of Public Health, Environment Protection and Game-keeping Organization, Ministry of Economics. If water grouping has not been determined, it will be placed in group two.
Article 3: Discharging (pouring or flowing) any kind of wastewater in waters mentioned in the Article 1 should be done through observing regulations specified in this by-law while obtaining a specific permit from Ministry of Water and Electricity or the related organizations and institutes.
Preventive Criminal Law
Approved by: Islamic Consultative Assembly Date of Approval: 22 May 1996
Article 659: Every one who steals belongings and properties of public-used installations including installations related to exploitation of water, electricity, gas, etc., established by governmental expenditures, government investment, joint stock of government and private sector, public non-governmental organizations or charity institutes will be sentenced to 1-5 years of imprisonment. If the perpetrator is one of the employees of the mentioned organizations, he/she will be sentenced to the hardest punishment.
Article 660: Every one illegally uses water, electricity, telephone and gas without obtaining their subscription and paying related fees, will be sentenced to a maximum of 3 years of imprisonment.
Article 688: Every measure such as polluting drinking water, distributing polluted drinking water, unhealthy discharging animal and human excrements and waste materials, pouring poisoning materials and rubbishes in rivers and streets, illegally slaughtering domesticated animals, illegal use of raw sewage or wastewater of sewage-treatment plants for agricultural consumption is forbidden and regarded as a threat against public health. If, according to the specific laws, the perpetrator is not liable to harder punishments, he/she will be sentenced to a maximum of 1 year of imprisonment.
Note 1 (amended in 30 July 1997): Whether the mentioned measures are threatening public health and lead to environment pollution will accordingly be determined by Ministry of Health, Treatment and Medical Training, Environment Protection Organization and Veterinary Organization. This is the same for illegal slaughtering of domesticated animals and discharging animal excrements.
Law for Organizing Water and Wastewater Companies
Approved by: Islamic Consultative Assembly Date of Approval: 01 Jan. 1991
Article 1: Establishing and exploitation of installations related to drinking water distribution; collecting, transferring and treating of cities wastewaters within their legal limit is duty of an independent company i.e., Water and Wastewater Company which will be organized by Ministry of Energy.
Note 1: According to this regulation, it is possible to organize several Water and Wastewater Companies in cities of a province if Ministry of Energy recognizes necessity of establishing such independent companies there.
Note 2: Water and Wastewater Company of each province can organize such companies in cities of the same province according to the conditions and through approval of the General Assembly, and entrust all or part of its authorities to that companies.
Note 3: Execution of plans for water supply and transfer will accordingly and in case of possessing required capabilities and request of the Water and Wastewater Companies be entrusted to these companies by Ministry of Energy.
Note 4: Water and Wastewater Companies are responsible for exploitation of all drinking water installations including treatment plants, transfer lines, resources of control systems and etc.
Article 2: Banks, municipalities, public interest institutes and legal and real persons of the private sector can participate and invest in these companies after approval of Ministry of Energy.
Article 3: Companies subject to this law have legal character and are financially independent, and will be commercially managed according to the regulations of this law and Commercial Law.
Note: The Company will be organized and managed as a governmental one if Ministry of Energy decides that organizing and managing of these companies will not non-governmentally be possible in specific conditions and areas.
Article 4: Organizing companies subject to this law will result in breaking up of all existing companies, institutes and units which are responsible for distribution and division of drinking water, collecting and discharging wastewater and their exploitation. Then, all of their installations, machineries, buildings and every kind of properties and rights will be possessed with observation of the related regulations.
Note 1: Organizing of Water and Wastewater Companies will result in transferring of rights of water and wastewater subscribers from previous companies and organization affiliated by Ministry of Energy or municipalities (without having private shareholder) to the new companies, and part of installations, buildings and properties of cities Water and Wastewater Companies established through collected subscribers fees and self-assistances will be regarded as property of the company and will not be considered in evaluation subject to the Article 6 of this law.
Note 2: Ministry of Energy can take necessary actions regarding enforcement of this law and its supervision through amending articles of association of existing Water and Wastewater Companies, if necessary.
Note 3: In case of mutual agreement, transfer of installations, machineries, buildings, rights and properties belonging to private sector will be fairly evaluated at the current prices and will be done after deducting the related debts, subscription fees and also amounts subject to the clauses A and B of the Article 5.
Note 4: If any of the installations, lands, properties, machineries, buildings and rights related to distribution and division of drinking water and wastewater installations of cities are devoted ones, the necessary actions will be done according to devotion regulations.
Note 5: All installations, machineries, lands, buildings, rights and any kind of properties of municipalities and Ministry of Energy (Regional Water Companies and Water and Electricity Organization of Khuzestan) used in drinking water distribution and division, collection and discharge of wastewater at the approval time of this law or purchased and applied after its approval until their delivery to Water and Wastewater Companies, will be submitted to Water and Wastewater Company after its organizing according to the regulations of this law.
Article 5: It means:
a) Installations, machineries, buildings, rights and properties of the government (Ministry of Energy, Related Regional Water Companies, and Water and Electricity Organization of Khuzestan acting for the government) pointed out in this law refer to all cases established, purchased or created as follow;
1- All government investments to supply and distribute of water and wastewaters discharge of cities previously entrusted to the related organizations and funds allocated for them.
2- All other founds invested from Government General Budget under different titles for supplying and distribution of water and discharging wastewater of cities.
In this law, municipalities refer to all cases established, purchased and created as a result of government and people assistance, returned or donated loans and income of municipalities.
Article 6: Installations, machineries, lands, buildings, rights and properties of Ministry of Energy (Regional Water Companies, Water and Electricity Organization of Khuzestan) and municipalities as described in A and B clauses of the Article 5, are accordingly regarded as credit capital of the related Regional Water Company, Water and Electricity Organization of Khuzestan, Water Engineering Services Company and municipalities after evaluation of official expert of judiciary and the rest will be rent to Water and Wastewater Companies. Ministry of Energy will determine rent, duration and terms of lease considering all conditions even hire purchase.
Article 7: Employees of organizations- responsible to distribution and division of water, collection and discharge of cities wastewater- working according to description of duties or organizational rank in relation with the above-mentioned responsibilities will be transferred to the new companies, after their organizing, while maintaining the same employment position. Their status will change according to administrative and financial regulations of the company. They will work until the company is in need to such employees; otherwise, their situation will be clarified though approval of general assembly of Water and Wastewater Company.
Note: Problems related to employment, retirement, and insurance affairs and so which result from transfer or break up of Water and Wastewater Companies to their employees will be settled by law.
Article 8: Ministry of Energy is obliged to organize the desired companies within one year of communication of this law considering technical and financial facilities available in each province.
Article 9: Expenditures related to subscription fees, value of drinking water and charges of collection and discharge of cities wastewaters will be supplied by general assembly of the company through considering exploitation and depreciation charges and will be collected from consumers after approval of Economics Council.
Article 10: Water and Wastewater Companies subject to this law are exempted from paying taxes and every kind of duties such as reconstruction charges and so; custom rights and duties; commercial interest; registration, stamp and judgment fees and all kinds of exemptions benefitted by Water and Wastewater Companies for 15 years from date of organizing.
Article 11: Considering population growth and need to installations development and regarding that subscription rights and fees collected from new subscribers and also government investments in developing of water and wastewater installations do not meet capital required for developing of installations, it is allowed that following amounts be collected and spend for capital expenditures.
Share of capital expenditures of water and wastewater installations in new cities and towns and also divisions of inter of cities based on residential and nonresidential units confirmed according to the tariffs by the related organizations will be paid by Ministry of Energy.
Article 12: Currency required for these companies will be considered in state annual currency budget based on request of Ministry of Energy.
Article 13: Transfer and mission of employees of governmental companies, institutes and ministries to Water and Wastewater Companies are allowed.
Article 14: Water and Wastewater Companies subject to this law are allowed to use bill on ways to purchase and own lands to execute their civil plans and public, civil and military plans of the government and also other laws approved on purchase and own lands for executing of public plans of the government.
Minister of Energy is the reference for recognizing emergency and necessity of the Article 9 of the bill on ways to purchase and own lands�
Article 15: Water and wastewater subscription are correlated and all proprietors whose properties located in limit of wastewaters collection and discharge plan are obliged to submit the request for setting up wastewater subscription of their property and pay the related charges within time interval determined by Water and Wastewater Companies; otherwise, these companies are allowed to stop water flow of such properties. Reestablishing of water flow depends on request for setting up wastewater subscription and paying the related charges.
Article 16: Until organizing the companies subject to this law, management of water, collecting, discharging, and executing of being executed plans of cities will be with organizations currently are responsible for the mentioned measures.
Article 17: In order to perform organizational, support, technical, research, logistic and educational affairs of companies subject to this law, Water Engineering Services Company affiliated by Ministry of Energy will change its name to State Water and Wastewater Engineering Company in order to take responsibility of the mentioned duties after amending the available articles of association by The Cabinet.
Deputy Minister of Energy in water and wastewater affairs will be appointed as managing director of the company.
Article 18: Executive by-laws of this law will be prepared by Ministry of Energy and approved by The Cabinet.
Article 19: Every law inconsistent with the mentioned law including Note 2 of the Article 21 of Water Equitably Distribution Law will be canceled from date of its communication.
The above law consisting of nineteen articles and eleven notes approved by Islamic consultative Assembly in 01 Jan. 1991 (Tuesday) and confirmed by the Guardian Council in 06 Jan. 1991.
Islamic Criminal Law, Article 687
Approved by: Islamic Consultative Assembly Date of Approval: 02 Mar. 1997
Every one destroy, fire, disable or impose any kind of disorder in publically-used installations such as water and wastewater, electricity, gas, oil, post, telegraph, telephone, frequency and microwave centers (telecommunication), piping, power stations, energy transfer lines and telecommunication (air, ground or optic cables), their production, distribution and transfer machineries, traffic signs and other sings installed in roads and streets to secure individuals' life or supply the above-mentioned installations established by governmental budgets, joint stock of government and private sector or on behalf of the private sector for public use will be sentenced to 3-10 years of confinement without considering that he/she was not aimed at disordering public order and security.
Note 1: If the above-mentioned measures were done with the purpose of creating disorder in public order and security and in opposition with Islamic Government, they will be regarded as combatant criminals.
Note 2: Punishment of commencing the above measures is 1-3 years of imprisonment.
Islamic Criminal Law, Article 690
Approved by: Islamic Consultative Assembly Date of Approval: 02 Mar. 1997
Article 1: Every one attempt to introduce yourself or others as rightful persons or occupy arable lands including cultivated or under-fallow lands; nationalized forests and meadows of mountainsides; gardens; nurseries; water resources; springs; natural streams; national parks; installations of agricultural, ranching, animal husbandry, cultivation and industry, dead and uncultivated lands and other lands and properties belonging to the government, companies affiliated by the government, municipalities, endowment organization; and also lands, properties, endowed lands, captives and remained one third of the estates dedicated to consumption of real or legal persons or public interests through taking actions such as excavating, making a wall, changing demarcation line, erasing bounds, division, canalization, digging well, planting, cultivating, and so; or take actions- without permit of Environment Protection Organization- resulting in destroying of environment and natural resources, unjustly violation or occupation; causing difficulty or prevention of right in the above-mentioned cases will be sentenced from 1 month to 1 year of imprisonment.
The court is obliged to resolve unjust occupation, abatement of nuisance or prevention of right, or restoration of the previous conditions, accordingly.
Note 1: The above-mentioned crimes will be heard out of turn. Judicial authorities will order to stop the aggressors operations until pronounce by drawing up the process-verbal.
Note 2: If accused are three or more and there are solid indications on committing the crime, arrest warrant will be issued. The claimant can request for eviction, eradication of building and trees and resolution of violation traces.