Energy, Infrastructure, Water, Environment and Urban Development

Water Resources and National Water Security Law

Document numberPOL-52

TypeProposed federal bill

Version1.0

Publication and update date5 October 2026

Executive summary

This bill establishes a unified national framework for managing water as a sovereign resource and a foundation for health, food security, the economy and the environment, while respecting the allocation of competences within the federal State. It does not turn water policy into a construction project plan; it establishes decision-making rules: who plans, how resources are measured, how allocations are distributed, when uses are restricted, how wells are regulated, how droughts and floods are managed, and how non-conventional water enters the national water balance.

The proposal responds to a clear legislative gap. Iraq’s framework is divided among Ministry of Water Resources Law No. 50 of 2008, as amended, Irrigation Law No. 83 of 2017, Water Resources Conservation Law No. 2 of 2001, and scattered rules on wells and pollution, while Iraq has entered a phase requiring integrated management of basins, demand, data and climate risks. In 2026, the Council of Representatives held the first reading of a proposed National Water Council Law and began the first reading of the first amendment to the Irrigation Law. This confirms that water legislation reform is active and requires an overarching framework to prevent competing authorities.

The proposal makes a Higher Water Council chaired by the Prime Minister the strategic coordination authority, without removing executive functions from the Ministry of Water Resources. It requires an annual national water balance, a digital register of wells and licences, basin and drought plans, priority rules during scarcity, sustainable groundwater abstraction limits, environmental flows for marshes and rivers, and rules for reuse and desalination. For transboundary waters, it links national policy directly to constitutional competence and the two United Nations conventions to which Iraq has become a party.

Current constitutional and legislative context

Iraq’s Constitution distinguishes waters originating outside Iraq from internal water resources. Article 110/Eighth assigns the planning of policies concerning water sources from outside Iraq, guaranteeing their flow rates and equitable distribution within Iraq, exclusively to federal authorities in accordance with international laws and conventions. Article 114/Seventh makes the formulation and regulation of internal water resources policy to ensure equitable distribution a shared competence of federal and regional authorities and requires its regulation by law. Article 33 also provides a constitutional basis for protecting the environment and biodiversity.

Legislatively, Ministry of Water Resources Law No. 50 of 2008, as amended, governs the Ministry’s structure and duties, while Irrigation Law No. 83 of 2017 governs irrigation works, allocations, encroachments and infrastructure. Water Resources Conservation Law No. 2 of 2001 focuses largely on protection against pollution and non-domestic uses. These laws are important, but do not alone constitute a comprehensive modern law on water security, basin management, groundwater, drought, data and allocation among sectors.

On 20 April 2026, the Council of Representatives completed the first reading of the proposed National Water Council Law, intended to adopt a unified strategy for securing Iraq’s shares of shared international waters and formulate a national policy for protecting, properly using and equitably distributing water resources. On 10 September 2026, it completed the first reading of the first amendment to Irrigation Law No. 83 of 2017 to address encroachments on allocations, rivers and their protected corridors, drains and Ministry projects. This proposal is therefore designed as an overarching framework law that complements the Irrigation Law and accommodates the need for a national or higher water council, rather than creating parallel tracks.

Iraq became a party to the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. Through Law No. 17 of 2020, it also acceded to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, becoming a party on 24 March 2023. This adds practical obligations concerning cooperation, data exchange, equitable and reasonable use, prevention of transboundary impacts and consultation.

Water stress is no longer a distant hypothesis. A United Nations note on water scarcity and climate risks in Iraq issued in early 2026 reported severely depleted major reservoirs, rationing in several northern governorates during 2025, displacement of tens of thousands of families due to climate factors, and extensive agricultural restrictions. Recent Iraqi and international documents also indicate that more than three quarters of Iraq’s water resources originate beyond its borders, and per-capita availability is expected to decline further as temperatures rise and renewable resources diminish. These conditions make legal governance of demand, groundwater, reuse and transboundary negotiation a national security necessity rather than a separate service issue.

Proposed legislative policy

Foundations of legislative design
Area	Proposed rule
Competences	Respect the constitutional distinction between external and internal waters and adopt federal–regional–local coordination for internal resources.
Governance	Establish a Higher Water Council for strategic coordination while retaining technical and executive management within the Ministry of Water Resources.
Data	Annual water balance, unified well and licence register, publication of storage, scarcity and quality indicators, and mandatory intersectoral data exchange.
Allocation	Priority for human needs, followed by critical environmental requirements, food security and efficient economic uses, with publicly stated drought rules.
Groundwater	Licensing, metering, abstraction ceilings, an inventory of existing wells and protection zones, distinguishing renewable water from non-renewable reserves.
Agriculture	Effectively link agricultural plans to the water balance and irrigation efficiency instead of allocating areas unsupported by sustainable resources.
Non-conventional water	Include treatment, reuse, desalination and saline water in the national balance according to health and environmental standards and life-cycle costs.
Transboundary waters	A unified national position, implementation of both United Nations conventions, and improved data, water diplomacy and joint early warning.

Text of the bill

Proposed enactment formula: In the name of the people, the Presidency of the Republic: on the basis of what the Council of Representatives has enacted and the President of the Republic has ratified pursuant to the Constitution, the following Law is issued:

Chapter One — General provisions

Article 1 — Title of the Law

This Law shall be called the ‘Water Resources and National Water Security Law’, referred to herein as ‘the Law’.

Article 2 — Objectives

This Law aims to establish an integrated federal framework for water resources management in the Republic of Iraq based on water security and integrated water resources management; ensure equitable distribution and efficient, sustainable use; protect water quality and associated ecosystems; strengthen State and community capacity to confront droughts, floods and climate change; regulate surface water, groundwater and non-conventional water use; and improve governance, data, accountability and coordination among levels of government and beneficiary sectors.

Article 3 — Scope

This Law applies to surface water and groundwater, rivers, streams, lakes, reservoirs, marshes, drains and public water infrastructure; water allocation, abstraction, storage, conveyance, reuse and harvesting; and activities that may materially affect the quantity or quality of water resources. It does not regulate drinking water and sanitation services supplied to final consumers except insofar as necessary to protect the source, determine the water allocation or establish reuse obligations.

Article 4 — Definitions

For this Law, the following terms have the meanings set out below. Ministry: the federal Ministry of Water Resources. Minister: the Minister of Water Resources. Council: the Higher Water Council provided for herein. Water resource: any surface, groundwater or non-conventional resource under Iraqi jurisdiction or entering or leaving it. Water basin: the natural hydrological unit draining to a common watercourse, depression or reservoir. Water security: the ability of the State and society to secure sufficient, safe and sustainable water for basic, economic and environmental needs and reduce risks of scarcity, pollution, flooding and conflict. Water allocation: a quantity, proportion or release schedule designated for a purpose, sector or area under the approved plan. Abstraction: extracting or diverting water from its source. Non-conventional water: treated, desalinated, saline or harvested water, or other alternative sources suitable for a specified use following necessary treatment. Environmental flow: the quantity and pattern of flow needed to maintain essential ecological functions of rivers, marshes and aquatic systems. Scarcity condition: insufficient available resources to meet priority demands under this Law’s criteria. Water emergency: a serious water-related event threatening health, life, stability, infrastructure or the environment and requiring temporary exceptional measures.

Article 5 — Governing principles

Water resources shall be managed according to public benefit; equity among regions, governorates, sectors and generations; efficient use; avoidance of significant harm to others; pollution prevention; equitable cost recovery where appropriate; priority for basic needs; basin-level management; data-informed decisions; transparency and participation; climate resilience; conservation of biodiversity and ecosystems; and cooperation on transboundary waters under international law and conventions binding on the Republic of Iraq.

Article 6 — Ownership and public benefit

Public waters are a public national resource managed by the State for the people’s benefit; their use creates no private ownership of the resource itself. No permanent entitlement to a fixed quantity of water may arise merely from prior use, possession or construction of infrastructure. All use rights and licences remain subject to sustainability limits, public interest and this Law.

Article 7 — Right to water for basic needs

In planning and allocation, public bodies shall ensure the minimum necessary for basic human needs, public health, drinking water and essential health services. The resources allocated to these needs may not be cut off or reduced except for technical or health necessity or in an emergency, to the minimum extent necessary and for a temporary period.

Article 8 — Basin-level management

Wherever possible, the Ministry shall use the water basin or hydrological system as the basic planning unit and coordinate basin plans with regional and governorate administrative boundaries to prevent fragmented water decisions that harm resource integrity or equitable distribution.

Article 9 — Efficiency before expanded abstraction

No new project or allocation from a structurally deficient water resource shall be approved without identifying opportunities to reduce waste, improve efficiency, reuse water and employ non-conventional alternatives, and comparing their costs with expanded abstraction or new storage and its environmental and social impacts.

Article 10 — Preservation of constitutional competences

This Law shall be interpreted consistently with constitutional provisions on external waters, internal water resources and shared competences. Executive powers shall be exercised through coordination among the federal government, regions and governorates not incorporated into a region in accordance with the Constitution. This Law shall not diminish the constitutional powers of any level of government.

Chapter Two — Governance and institutional competences

Article 11 — Higher Water Council

A ‘Higher Water Council’ shall be established, chaired by the Prime Minister and comprising the ministers and heads of bodies specified by regulation, including the ministers responsible for water resources, foreign affairs, agriculture, environment, planning, municipalities, construction and housing, finance, oil and electricity, a Kurdistan Region representative, and governorate representatives according to the subject. The Council shall be the highest strategic coordination authority among sectors and levels of government on water security.

Article 12 — Council competences

The Council shall approve the national water security strategy, national water balance and scarcity scenarios; approve allocation priorities during severe deficits; coordinate the national position on transboundary waters; review major strategic water projects; resolve conflicts among sectoral plans within constitutional limits; and monitor implementation of relevant international obligations. It shall not replace the executive powers of the Ministry or sectoral bodies.

Article 13 — Council secretariat

The Ministry shall provide the Council’s secretariat through a permanent multidisciplinary technical unit, preparing agendas, data and reports and following up decisions. It may draw on universities, research centres and experts without creating a parallel administrative body unless necessary and established by law.

Article 14 — Ministry competences

The Ministry shall manage and develop public water resources; prepare the strategy, water balance and basin plans; operate water infrastructure within its competence; determine allocations and release schedules; regulate surface water and groundwater abstraction; manage drought and flood water operations; monitor quantities and quality in coordination with competent bodies; and issue licences under this Law.

Article 15 — Coordination with regions and governorates

A permanent coordination mechanism shall be established between the Ministry and competent regional and governorate authorities not incorporated into a region, covering data exchange, basin planning, monitoring encroachments, scarcity and flood management, and local priorities. No body may take action materially affecting a water resource shared by more than one governorate or region without prior coordination under this Law.

Article 16 — Basin committees

By ministerial decision and agreement with relevant bodies, permanent committees may be formed for major basins, comprising representatives of government, users, universities and local communities. Their role shall be advisory in basin planning, monitoring distribution and quality, and expressing views on scarcity and projects affecting the basin.

Article 17 — Coordination with agriculture

The Ministry of Agriculture and competent agricultural bodies shall coordinate with the Ministry before adopting seasonal agricultural plans and irrigated areas and crops. Agricultural plans must be based on actually available and forecast water resources, drought scenarios and irrigation system efficiency.

Article 18 — Coordination with the environment sector

The Ministry of Environment shall exercise its water quality protection, environmental assessment and pollution oversight powers under the Environmental Protection and Improvement Law and provide the Ministry with pollution and environmental compliance data. An abstraction or water-use licence shall not substitute for environmental approval where required.

Article 19 — Coordination with water and sanitation services

Bodies responsible for drinking water and sanitation shall provide the Ministry with raw water abstraction, losses, treated and reused quantities, and expansion plans, and coordinate protection of intake sources, emergency plans and source quality. Tariffs and provider–consumer relations shall not thereby become subject to this Law.

Article 20 — Coordination with oil, industry and energy

Bodies operating in oil, industry and energy shall submit plans for water needs, sources, use efficiency and recycling. Non-potable, treated or desalinated water shall be prioritised for industrial and oil uses wherever technically and economically feasible, reducing competition with basic and agricultural uses for freshwater.

Chapter Three — National planning, data and the water balance

Article 21 — National water security strategy

In coordination with the Council and relevant bodies, the Ministry shall prepare a national water security strategy covering at least ten years, reviewed every five years or following material changes. It shall include resource, demand, climate change and transboundary water scenarios; targets for efficiency, reuse, storage and groundwater protection; and priorities for investment and institutional and legislative reform.

Article 22 — National water balance

Each year, the Ministry shall publish a national water balance showing available and forecast resources, storage, external and internal inflows, abstraction and actual consumption by sector and basin, losses and evaporation, water quality, and deficits or surpluses, with estimation methods and uncertainty limits disclosed.

Article 23 — Basin plans

The Ministry shall prepare plans for major basins covering at least five years, including resource status, allocations, environmental limits, pollution sources, sensitive areas, connected groundwater, infrastructure requirements, drought and flood risks, and monitoring programmes. Local bodies and stakeholders shall be consulted before adoption.

Article 24 — National water register

The Ministry shall establish a digital national register of water resources, infrastructure, wells, licences, allocations, abstraction and measurement points, and projects affecting water. Non-confidential data shall be publicly accessible in usable formats, while information requiring legal protection shall be protected.

Article 25 — Monitoring and measurement network

The Ministry shall develop a unified national hydrological, hydrogeological and hydrometeorological monitoring network covering river and reservoir levels and flows, rainfall, groundwater, salinity and quality, using standardised measuring and calibration equipment and data quality verification systems.

Article 26 — Mandatory data exchange

Public bodies and public and private companies abstracting, storing, treating or reusing substantial quantities of water shall submit periodic data specified by regulation, including abstraction, consumption, discharge, quality and use efficiency. The Ministry may audit measurements and verify them in the field.

Article 27 — Open data and transparency

At least quarterly, the Ministry shall publish basic data on storage, releases, scarcity conditions, groundwater indicators and water quality at principal stations, and explain exceptional decisions to reduce or transfer allocations, unless publication is prevented by a specific, reasoned security consideration under the law.

Article 28 — Research and modelling

The Ministry may partner with universities and research centres to develop forecasting and water-balance models, scenario analysis and water-use efficiency assessments. Public data produced with public funding shall remain available to official bodies and scientific research under published rules.

Article 29 — Review of strategic projects

No major strategic water project shall enter the investment plan without an alternatives study covering efficiency, rehabilitation, demand management and reuse; analysis of environmental, social, financial and climate impacts; and an assessment of effects on basins, governorates and upstream and downstream users.

Chapter Four — Allocation, priorities and scarcity management

Article 30 — Annual and multi-year allocation

The Ministry shall determine allocation programmes and release schedules from the water balance and basin plans. They may be seasonal or multi-year according to the resource. Allocations shall be reviewed following material changes in inflows, storage, quality or demand.

Article 31 — Order of priorities

Where resources cannot meet all demands, priority shall be given to basic human needs and public health, then critical environmental requirements and protection of infrastructure safety and the river system, followed by food security and economic uses offering efficiency and public value, taking account of local circumstances without discrimination among regions and governorates.

Article 32 — Agricultural allocation

Agricultural allocations shall be determined in coordination with the competent agricultural body according to actual irrigated area, crop type, irrigation efficiency, soil and climate. Part of an allocation may be conditional on compliance with metering and maintenance requirements and transition to more efficient methods where feasible.

Article 33 — Allocation for industry, oil and energy

No substantial new freshwater allocations shall be granted for industry, oil or energy without demonstrating need and the absence of a suitable alternative source, together with a plan for improved efficiency and progressive recycling. The Ministry may set sectoral freshwater limits according to resource availability in each basin.

Article 34 — Drought plans

The Ministry shall prepare a national drought plan and basin plans containing early indicators and defined alert levels, corresponding measures for each level, allocation-reduction principles, protection of drinking water, marshes and sensitive systems, public communication, and mechanisms for reviewing the plan after every severe drought season.

Article 35 — Declaring scarcity

The Minister shall declare scarcity in one or more basins or governorates on published indicators and after consulting relevant bodies. The decision shall specify duration, scope and temporary measures. A nationwide situation, or one requiring extensive intersectoral restrictions, shall be submitted to the Council for approval.

Article 36 — Scarcity measures

During scarcity, non-essential allocations may be reduced or suspended, water-intensive crops restricted, well monitoring strengthened, reliance on treated or desalinated water increased, release schedules adjusted, and temporary metering and conservation requirements imposed. Measures must be proportionate, public, time-limited and reviewable.

Article 37 — Compensation for restrictions

A general reduction in allocations due to natural scarcity or resource-protection obligations shall not automatically create a right to compensation, unless harm results from expropriation of an existing financial right, discrimination or gross administrative error. Agricultural support or compensation programmes may be established by budget law or special legislation using transparent criteria.

Article 38 — Prohibition on exceeding allocations

Exceeding an allocation or release schedule, or changing the abstraction outlet or licensed purpose without approval, is prohibited. Violations shall be subject to warning, cut-off, removal of encroachment, cost recovery and fines under this Law and the applicable Irrigation Law, according to competence.

Chapter Five — Surface water, infrastructure, storage and environmental flows

Article 39 — Protection of watercourses and infrastructure

Rivers, streams, canals, drains, dams, reservoirs, regulators, public water infrastructure and their protection zones constitute public-benefit assets or facilities according to their nature. Damaging them, occupying their protected corridors, obstructing operation or maintenance, or constructing works affecting their safety without a licence is prohibited.

Article 40 — Protected corridors of watercourses and infrastructure

Regulations or technical instructions shall define protection zones and corridors according to the type of watercourse or structure and flood and maintenance risks. Existing property rights and legal compensation procedures shall be respected where property is expropriated or materially restricted.

Article 41 — Operation of dams and reservoirs

The Ministry shall adopt published operating rules for major dams and reservoirs balancing drinking water, irrigation, energy, flood control, environmental requirements and safety. Rules shall be reviewed periodically against climate and hydrological data and changing demand.

Article 42 — Water infrastructure safety

The Ministry shall establish a national safety programme for dams and major water infrastructure, including risk classification, periodic inspection, continuous monitoring, emergency and early warning plans, and independent review of high-risk structures.

Article 43 — Environmental flows

In coordination with the Ministry of Environment, the Ministry shall set environmental flow limits or schedules for nationally important watercourses, marshes and water bodies and incorporate them into the water balance and release schedules. They may be temporarily reduced during declared emergencies, provided the decision states the impacts and restoration plan.

Article 44 — Marshes

Environmental water requirements shall be allocated to marshes within basin plans, reflecting their ecological, cultural and international status. Measurement points and salinity and flow standards necessary to preserve essential ecological functions and associated local communities shall be defined.

Article 45 — Rainwater and floodwater harvesting

In cooperation with governorates and competent bodies, the Ministry shall regulate rainwater and floodwater harvesting, small dams and local storage to prevent harm to downstream users, increased flood risks or damage to natural groundwater recharge.

Article 46 — Evaporation and storage management

Reservoir operating plans shall account for evaporation losses, water quality and sedimentation and assess operating and investment alternatives that reduce losses or improve storage flexibility before creating costly new capacity.

Chapter Six — Groundwater and wells

Article 47 — Groundwater as a regulated resource

Groundwater is a public resource subject to management and protection. Land ownership does not confer an unrestricted right to drill a well or abstract water.

Article 48 — Well licensing

Drilling, deepening or rehabilitating a water well, or operating it commercially or agriculturally, without a licence from the Ministry or legally authorised body is prohibited, except minor cases expressly exempted by regulation, with registration required where resource protection so necessitates.

Article 49 — Well register

The Ministry shall establish a national well register recording location, depth, aquifer, use, pumping capacity, meter and legal status. It shall be updated through periodic national surveys, with each licence linked to a permanent identifier.

Article 50 — Protection zones

The Ministry may declare groundwater protection or critical zones where well drilling, increased abstraction or polluting activities are prohibited or restricted, based on scientific assessment of recharge, drawdown, salinity and pollution.

Article 51 — Sustainable abstraction

Groundwater basin abstraction ceilings shall be based on renewable recharge, strategic reserves, quality, and drawdown and salinity risks. Non-renewable fossil water must not be treated as a permanent annual inflow. The plan must state its intended uses, duration and depletion impacts.

Article 52 — Meters and monitoring

Wells exceeding regulatory thresholds shall install approved meters or electronic measurement devices. The Ministry may take periodic readings and require operators to submit them. Tampering with or bypassing measuring equipment is prohibited.

Article 53 — Unlicensed wells

A transitional period shall be granted to register existing wells and classify them as eligible for conditional licensing, requiring reduced abstraction, or requiring closure for safety, pollution or depletion reasons. Implementation shall consider drinking water needs in areas lacking reasonable alternatives.

Article 54 — Aquifer protection against pollution

Injecting or discharging pollutants, or storing hazardous substances in a manner threatening an aquifer, is prohibited. Protection zones around drinking water wells and sensitive sources shall be established in coordination with environmental and health bodies.

Chapter Seven — Irrigation and agricultural use

Article 55 — Relationship with the Irrigation Law

Irrigation Law No. (83) of 2017 shall remain in force for irrigation works, infrastructure, encroachments and allocations within its scope. Its provisions shall be interpreted consistently with this Law’s allocation, data, efficiency and drought principles. Conflicting provisions shall be amended within the transitional period set out in the final provisions.

Article 56 — Agricultural water measurement

The Ministry shall progressively introduce volumetric measurement or equivalent methods in major irrigation schemes, beginning with large outlets, associations, investment projects and areas suffering scarcity or encroachments. Cost, technical capacity and avoidance of disproportionate obligations on small farmers shall be considered.

Article 57 — Irrigation efficiency

Basin plans shall include measurable targets for improving conveyance, distribution and on-farm irrigation efficiency. Agricultural bodies shall align support, loan and mechanisation programmes with these targets, progressively linking public support to water-saving practices when practical alternatives are available.

Article 58 — Crops and water planning

During scarcity or structural deficits, agricultural plans may be linked to crop water requirements and planting times, while protecting food security and livelihoods and providing suitable alternatives and extension advice. Permanent irrigated agricultural expansion shall not be approved without a demonstrated sustainable water source.

Article 59 — Agricultural drainage water

With agricultural and environmental bodies, the Ministry shall establish a programme to manage drainage water, agricultural runoff, salinity and reuse where quality is suitable, preventing renewed river pollution or deterioration of soils and groundwater.

Article 60 — Associations and users

Water-user associations may be supported or regulated to manage local distribution, maintenance and monitoring within irrigation schemes, under rules ensuring representation, transparency and non-discrimination, without transferring ownership of the resource or sovereign infrastructure to them.

Chapter Eight — Non-conventional water, reuse and desalination

Article 61 — Priority for reuse

Treated water, suitable drainage water, saline water and desalinated water shall enter the national water balance according to quality and cost. Progressive reuse targets shall be established for agriculture, industry, tree planting and non-potable municipal uses under health and environmental standards.

Article 62 — Reuse standards

Competent health, environmental and technical bodies shall issue binding treated-water quality standards for each use, including monitoring and protection of workers, consumers, soil and groundwater. Treated water shall not be used for a purpose exceeding its permitted treatment level.

Article 63 — Desalination

Strategic desalination projects shall undergo an alternatives study covering source, energy, cost, life cycle, brine discharge and marine or river impacts. Desalinated water shall be prioritised for drinking water, industry and high-value uses where more efficient than transporting freshwater over long distances.

Article 64 — Brine discharge

Brine or desalination concentrates shall not be discharged without environmental and technical approval specifying location, quantity, quality, mixing and monitoring methods, preventing significant harm to surface water, groundwater and the marine environment.

Article 65 — Water used in oil and industry

Where technically possible, oil and industrial facilities shall use saline, treated or desalinated water, or recycle water within their processes, instead of freshwater. Recycling and water-efficiency targets shall be incorporated into environmental and water licence conditions for large projects.

Article 66 — Decentralised projects

Regions, governorates and local bodies may establish local harvesting, treatment or desalination projects under approved plans, provided they do not materially affect shared resources, breach quality or safety standards, or create financial obligations for the federal treasury without duly obtained approval.

Chapter Nine — Water quality, pollution prevention and source protection

Article 67 — Source protection

The Ministry, Ministry of Environment and health bodies shall designate protection zones for surface intakes, wells and reservoirs supplying drinking water, with appropriate restrictions on polluting activities, hazardous substances and discharges.

Article 68 — Discharge into public waters

Discharge of polluted water, waste or substances into public waters is prohibited except under an environmental licence and applicable legal standards. The licence must contain quantitative and qualitative limits and a monitoring and incident-reporting programme. A water abstraction licence does not authorise discharge.

Article 69 — Polluter-pays principle

The polluter shall bear the costs of controlling and removing pollution, remedying its effects and restoring the resource as far as possible, without prejudice to civil, criminal or administrative liability under other laws.

Article 70 — Joint monitoring

The two competent ministries shall establish a unified protocol for water-quality monitoring, exchange of results and designation of reference stations. Basic quality indicators must be published periodically to allow comparison of changes among river reaches and basins.

Article 71 — Water-related incidents

Any facility aware of pollution or a leak that could reach a water resource shall immediately notify competent bodies and take containment action under its emergency plan. The Ministry may take urgent measures at the responsible party’s expense if that party refuses or cannot be reached.

Article 72 — Interface with the Water Resources Conservation Law

This Law’s provisions on protecting resource quantity, management and use licensing shall replace corresponding provisions of Water Resources Conservation Law No. (2) of 2001. Quality protection standards shall remain effective until replaced or incorporated into regulations and instructions issued under this Law and the Environmental Protection and Improvement Law.

Chapter Ten — Transboundary waters and water diplomacy

Article 73 — Unified national position

Within its constitutional competence, the federal government shall formulate and negotiate policy on water sources from outside Iraq. In coordination with the Ministry of Foreign Affairs and Council, the Ministry shall prepare the technical, legal and economic files required for negotiations.

Article 74 — International law

Iraq’s transboundary water policy shall be guided by equitable and reasonable utilisation, prevention of significant harm, cooperation, data exchange, prior notification and consultation; by binding obligations under the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses and the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, to which Iraq acceded; and by other applicable agreements.

Article 75 — Joint agreements

The government shall seek to conclude or develop agreements with basin States including, according to the resource, permanent mechanisms for data exchange, flood and drought warnings, operating and discharge regimes, quality protection, joint projects, dispute settlement and joint committees.

Article 76 — Transboundary data

The Ministry shall develop a unified system for data on transboundary inflows, rainfall, storage and relevant infrastructure in basin States, documenting time series, correspondence and impacts for planning and negotiation.

Article 77 — Assessment of external projects affecting Iraq

When a project or operation in a neighbouring State is announced that could materially affect Iraq, the government shall prepare a technical and legal assessment covering alternatives and quantitative, qualitative, environmental and economic impacts, for use in consultation and negotiation through diplomatic and legal channels.

Article 78 — Ministerial committee on water agreements

The ministerial committee responsible for implementing the Transboundary Water Convention shall continue or be reorganised by Council of Ministers decision within the Higher Water Council, preventing duplication and ensuring follow-up of obligations, reports and international participation.

Article 79 — Prohibition of separate negotiation

No ministry, governorate or public body may enter a binding understanding with a foreign State or body on allocation or operation of a transboundary water resource outside constitutional powers and approved procedures. Non-binding technical arrangements may be concluded after coordination with the two competent ministries.

Chapter Eleven — Climate, drought, floods, marshes and emergencies

Article 80 — Integrating climate change

The strategy and basin plans shall include scenarios for climate change, rising temperatures, changing precipitation and evaporation, and extreme-event intensity, for use in designing dams, storage, releases, agriculture, and protection of cities and infrastructure.

Article 81 — Early warning

In cooperation with competent bodies, the Ministry shall establish an early warning system for droughts, floods, rainstorms and collapses or incidents threatening water infrastructure, specifying alert levels and notification and response responsibilities.

Article 82 — Flood-risk maps

Periodic maps of inundation zones, flood and flash-flood risks shall be prepared and supplied to urban planning authorities, governorates and civil defence. Highly sensitive urban expansion in severe-risk areas shall not be approved without proven protective measures.

Article 83 — Water emergency plans

The Ministry shall prepare water emergency plans covering interruption of a principal source, widespread contamination, infrastructure collapse or exceptional drought, including alternatives, temporary supplies, command chains, public communication and service restoration.

Article 84 — Marsh protection during emergencies

During severe scarcity, the minimum requirements to prevent irreversible environmental damage to marshes and sensitive areas shall be considered. A temporary rescue programme may balance these with humanitarian and health necessities using published data.

Article 85 — Post-event review

After every major flood, severe drought season or national water incident, the Ministry shall prepare a public report within a reasonable period describing performance, data, impacts, lessons and corrective measures, and present it to the Council and competent parliamentary committee.

Chapter Twelve — Licences, fees, financing and investment

Article 86 — Water licensing system

Abstraction, private water infrastructure, wells, diversions and projects specified by regulation shall require a licence identifying source, quantity, purpose, duration, measurement and protection conditions. Simplified registration may be adopted for small, low-impact uses.

Article 87 — Licence duration and review

Licences shall be granted for a defined renewable term and may be reviewed following changes in resource status, established harm or violations, or material changes in use. A licence shall not be revoked before expiry except for a reasoned legal cause and after the licensee has an opportunity to present a defence, except in urgent danger.

Article 88 — Abstraction and water service fees

Fees may be imposed for commercial, industrial or large agricultural abstraction or irrigation infrastructure operating services by law or regulation based on express legislative delegation. They shall consider administration and measurement costs, resource scarcity and ability to pay. This Law shall impose no fee on the minimum required for basic human needs.

Article 89 — Incentives

Transition to efficient irrigation, reuse, metering and loss reduction may be supported through the budget or published financing programmes. Incentives must have defined duration and objectives, measurable results and no permanent obligation outside the budget law.

Article 90 — Investment projects

Major dam, desalination, storage and reuse projects shall be governed by applicable investment, procurement and partnership laws according to their nature. Before financial commitment, risk allocation, life-cycle cost, revenue or funding source, and tariff or budget effects must be determined.

Article 91 — No off-treasury fund

This Law shall establish no independent fund outside the public treasury. Revenues, fees, fines and expenditure shall enter the budget under applicable financial rules. Water programmes may be allocated within the budget under its law.

Article 92 — Recovery of urgent intervention costs

Where the Ministry must remove an encroachment, contain pollution or undertake urgent work that a person or facility was obliged to perform, it may recover documented actual costs through legal procedures, without prejudice to other penalties or compensation.

Chapter Thirteen — Oversight, participation, grievances and violations

Article 93 — Access to water information

Everyone may request public water information under the Right of Access to Information Law when effective and applicable rules, including plans, aggregate data, major licences, impact studies and scarcity decisions, subject to specific legal exceptions.

Article 94 — Public participation

The national strategy, basin plans and major water projects with extensive impacts shall undergo appropriate public consultation. A summary responding to substantive comments and explaining their acceptance or rejection shall be published.

Article 95 — Complaints and grievances

An interested party may challenge licensing, reduction, closure or fine decisions before a functionally independent technical grievance committee within the Ministry within thirty days of notification. Its decision shall be appealable before the competent court. A grievance shall not suspend urgent action to prevent serious danger except by judicial decision.

Article 96 — Inspection

A legally authorised official may enter infrastructure sites, wells and abstraction points at reasonable times to verify compliance, read meters, take samples and examine relevant records, respecting the inviolability of dwellings and applicable legal procedures.

Article 97 — Administrative violations

Warnings, corrective plans, administrative fines within statutory limits, licence suspension, allocation reduction or cancellation, and removal of encroachments at the offender’s expense may be imposed according to severity, repetition and impact on the resource.

Article 98 — Serious offences

Anyone who deliberately sabotages strategic water infrastructure, contaminates a source so as to place life or public health in serious danger, tampers with measuring devices to appropriate large quantities of water, or submits falsified data to obtain an allocation or licence shall be punished under criminal laws in force. Conduct shall be referred to the competent court. No custodial penalty shall be introduced without an express provision in the relevant criminal legislation.

Article 99 — Liability for damage

Administrative sanctions shall not prejudice the affected person’s or State’s right to seek compensation for actual damage and restoration costs. Two administrative fines may not be imposed by different bodies for the same act on the same classification of violation, without prejudice to other environmental and criminal competences.

Article 100 — Reports to the Council of Representatives

The Minister shall submit an annual water security report to the Council of Representatives covering the water balance, storage and groundwater status, allocations, droughts and floods, transboundary waters, efficiency and quality indicators, strategy implementation and high-risk projects.

Chapter Fourteen — Transitional and final provisions

Article 101 — Bringing existing arrangements into compliance

Public and private bodies and individuals subject to this Law shall comply within periods set by regulation not exceeding two years from entry into force. Shorter periods may be set for high-risk activities, or longer periods for projects requiring substantial investment, with Council approval.

Article 102 — Existing wells

Within six months of entry into force, the Ministry shall begin a national programme to inventory and register existing wells. Owners shall receive at least one year to submit data before closure measures apply to regularisable violations, except wells presenting an immediate health, environmental or structural danger.

Article 103 — Existing licences and allocations

Licences and allocations existing when the Law takes effect shall continue until expiry or review under its provisions. Their continuation shall not acknowledge any permanent right exceeding their conditions or the resource’s sustainable capacity.

Article 104 — Integration of an existing council

If the Council of Ministers established a higher or national water council before this Law takes effect, it shall become the Council provided for herein after its membership and powers are reorganised within ninety days. Relevant files and committees shall transfer to it to prevent institutional duplication.

Article 105 — Repealed and amended legislation

Water Resources Conservation Law No. (2) of 2001 shall be repealed to the extent covered by this Law after necessary replacement regulations take effect. Older legislation and decisions on well drilling and water use shall be reviewed within one year for amendment or repeal to ensure consistency. Ministry of Water Resources Law No. (50) of 2008, as amended, and Irrigation Law No. (83) of 2017 shall remain in force unless expressly inconsistent with this Law.

Article 106 — Irrigation Law amendment bill

In coordination with the Council of Representatives and relevant bodies, the Council of Ministers shall align the first amendment bill to Irrigation Law No. (83) of 2017, currently progressing through the legislative process, with this Law. Parallel allocation, licensing or grievance systems creating duplication shall not be established.

Article 107 — Regulations and instructions

On the Minister’s proposal, the Council of Ministers shall issue implementing regulations within one year of publication. The Minister shall issue technical instructions within their competence. Health and environmental standards require approval by the legally competent bodies.

Article 108 — Review of the Law

Five years after entry into force, the government shall comprehensively review the Law’s impact on water security, use efficiency, data, groundwater, equity among governorates and drought response, and send findings to the Council of Representatives with amendment proposals where necessary.

Article 109 — Applicable international agreements

This Law shall be implemented without prejudice to the Republic of Iraq’s binding international obligations on water and the environment. Treaties shall apply in accordance with the Constitution and laws in force.

Article 110 — Entry into force

This Law shall enter into force ninety days after publication in the Official Gazette, except provisions assigned a specific transitional period.

Statement of reasons

To establish a unified national legislative framework for water resources management and water security; implement constitutional provisions on external waters and internal water resources; address fragmented rules across ministry, irrigation and water conservation laws and older well-related decisions; introduce integrated basin management, water balances, open data, drought and flood management, groundwater management and reuse; and strengthen Iraq’s capacity to protect its shares and interests in transboundary waters and fulfil international obligations, this Law is enacted.

Explanatory memorandum

1. The problem addressed by the Law

Iraq’s water problem is not the absence of a single project or structure, but a governance gap between a highly variable resource and demand distributed across agriculture, cities, industry, energy and the environment. The State relies heavily on water originating beyond its borders, while climate change increases evaporation and the frequency of droughts and extreme events. Domestically, planning, operation, agriculture, environment, service and governorate responsibilities overlap, while data, unlicensed wells, irrigation efficiency and reuse remain critical links.

Existing laws address parts of the picture. The Ministry Law regulates the institution, the Irrigation Law focuses on irrigation works, infrastructure and encroachments, and the 2001 Law focuses on conserving resources, especially against pollution. Modern water security, however, requires cross-sector rules: a published annual water balance, basin management, a mechanism for drought priorities, groundwater governance, data and measurement requirements, and rules integrating treated and desalinated water and protecting environmental flows.

2. Constitutional basis

Article 110/Eighth gives the federal government exclusive competence over policies for water sources outside Iraq and guaranteeing their flow levels and equitable distribution inside Iraq under international laws and conventions. Article 114/Seventh makes internal water resources policy and regulation a shared competence and expressly requires regulation by law. The proposal is therefore a federal law establishing national standards and rules with coordination and participatory implementation mechanisms, rather than transferring local powers to a single centre.

3. Higher Water Council

Iraq does not need an executive apparatus parallel to the Ministry of Water Resources, but it does need cross-sector decision-making when agricultural plans, oil requirements, municipal water, marshes or external negotiating positions conflict. The proposal therefore assigns the Higher Water Council coordination and strategy and water-balance approval functions for national issues, while licences, operation and technical planning remain with the Ministry and competent bodies.

This design accommodates the parliamentary process begun in April 2026 on the proposed National Water Council Law while avoiding a fully separate institution with its own structure, staff and budget alongside the Ministry. If the Council of Ministers has established a Higher Water Council by executive decision, the transitional provision converts that existing body into the Council provided for by the Law.

4. Groundwater

One of the most serious gaps during scarcity years is the unregulated shift from surface water to wells. The proposal therefore rejects land ownership as a source of unrestricted groundwater rights and bases registration, licensing, measurement, protection zones and abstraction ceilings on recharge rates and quality. It also distinguishes renewable aquifers from non-renewable fossil water so that the latter is not treated as permanent annual income.

5. Drought and allocation

The Law does not fix allocation quantities because Iraq’s resources vary annually with external inflows, rainfall and storage. Instead, it establishes a reviewable decision-making method: a water balance, warning indicators, scarcity levels, priorities, and temporary published reduction rules. This reduces improvised decisions and makes reductions in agricultural plans or other uses explainable and reviewable.

6. Transboundary waters

Iraq’s accession to the two principal United Nations water conventions provides important legal and diplomatic support, but does not replace direct basin agreements, data or negotiating capacity. The proposal therefore emphasises a unified federal position, data exchange, notification and consultation, analysis of external project impacts, and operational committees and agreements with basin States.

7. Separation from drinking water and sanitation services

The proposal deliberately separates management of the ‘resource’ from regulation of the ‘water and sanitation service provider’. The former is this Law’s subject; service quality, tariffs, household meters and provider obligations belong in a separate legislative file. The connection here is limited to raw abstraction quantities, source protection, losses, treated water and reuse.

8. Impact on rights and the environment

The proposal protects minimum basic human needs, incorporates environmental flows and marshes into the water balance, and provides administrative and judicial remedies against licensing and reduction decisions. It does not, however, turn every water allocation into a permanent financial right preventing State responses to drought or resource deterioration, which would freeze equitable management capacity in a country with highly variable water resources.

Legislative and institutional alignment

Principal alignment points
Legislation or process	Status	Proposed treatment
Iraqi Constitution — Articles 33, 110/Eighth, 114/Seventh and 115	The supreme basis for allocating competences and protecting the environment.	Interpret the Law on the basis of exclusive federal competence for external waters and shared competence for internal waters.
Ministry of Water Resources Law No. 50 of 2008, as amended	Governs the Ministry and its functions.	Remains in force; planning, data and licensing functions are added under this Law without re-establishing the Ministry.
Irrigation Law No. 83 of 2017	Regulates irrigation works, allocations and encroachments; its first amendment received a reading in September 2026.	Remains a sectoral law; its amendment must align with the framework law to prevent duplicate licensing and sanctions.
Water Resources Conservation Law No. 2 of 2001	An older law focused on protection, uses and pollution.	Gradually replaced by this Law and modern environmental regulations, preventing any gap in water-quality standards.
Environmental Protection and Improvement Law No. 27 of 2009	The principal reference for environmental assessment and pollution.	Remains in force; abstraction licences do not replace environmental approval, and coordination on monitoring and standards is mandatory.
Proposed National Water Council Law — first reading, 20 April 2026	A separate legislative process comprising 11 articles.	Integrate its institutional purpose into this Law or align it with the Law, rather than create two parallel water-governance laws.
United Nations Watercourses Convention, 1997	Iraq is a party.	Incorporate equitable utilisation, no-harm and cooperation principles into external water policy.
Transboundary Water Convention, 1992	Iraq acceded through Law 17 of 2020 and became a party in 2023.	Continue the ministerial committee and national implementation, and develop agreements and joint committees with riparian States.

Transition and implementation roadmap

Principal legislative and regulatory deadlines
Period from entry into force	Action
90 days	Reorganise the Higher Water Council and integrate any existing council or overlapping committees into its structure.
6 months	Begin the national well inventory programme and launch the basic national water register.
9 months	Issue the national water-balance methodology, scarcity declaration indicators and inter-agency data-sharing system.
12 months	Issue core regulations on licensing, wells, measurement, basin plans and grievances.
12 months	Submit a legislative alignment package for the Irrigation Law, older well-related decisions and Water Resources Conservation Law.
18 months	Publish the first complete national water balance, national drought plan and initial major-basin plans.
24 months	Complete the first phase of registering and metering large wells and begin periodic storage and groundwater data publication.
5 years	Comprehensively review legislative impact and send results to the Council of Representatives.

Financial and implementation impact

The Law is designed to use existing institutions without establishing a new independent authority or off-treasury fund. Direct public costs therefore centre on modernising measurement, monitoring and digital well and licence registers; expanding hydrological and groundwater monitoring stations; building analysis, early warning and inspection capacity; and preparing basin and drought plans. These are real implementation costs, but largely modernise existing functions rather than create a new administrative apparatus.

The proposal does not specify a single financial figure because measurement, inventory and monitoring costs depend on the station and well numbers established by the baseline and the condition of existing infrastructure. Instead, it requires multi-year allocations within capital and operating budgets, prioritising tools that directly improve national decisions: measurement, data, maintenance, control systems and rehabilitation of critical infrastructure before expansion into expensive new storage projects.

Potential savings arise from reduced encroachments and waste, better agricultural planning, less unsustainable pumping, increased reuse, and avoidance of projects unsupported by sufficient water resources. These savings must not be presented as a fixed figure before an audited national baseline of losses, abstraction and operating costs exists.

Brief international comparison

International practices adaptable to Iraq
Practice	Value for Iraq
Integrated basin-level management	Prevents fragmented decisions among governorates where a river or aquifer is a single resource.
Drought plans with advance alert levels	Turn allocation reductions from emergency decisions into procedures known beforehand and capable of explanation.
Unified well registers and measurement of large abstractions	Essential to prevent groundwater depletion when river levels decline.
Environmental flows	Recognise river and marsh survival as an essential water function, rather than a surplus after other uses.
Treated-water reuse according to intended use	Replaces part of freshwater demand in agriculture, industry and tree planting.
Permanent transboundary water agreements and committees	Move negotiations beyond seasonal claims towards data exchange, operations, early warning and shared rules.
Publication of the water balance and principal data	Builds trust and enables Parliament, governorates, farmers and researchers to understand the basis of decisions.

Sources and references

Online sources accessed: 5 October 2026.