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The Right in Irrigating Agrarian Lands

The Egyptian law has organized the right in irrigation, it is mainly represented by Law No. 12 of 1984 on irrigation and drainage which suffers many deficiencies in provision and enforcement – boosting corruption and unfair distribution of water quotas. The said law prohibits any works to be pursued on state lands unless through an authorization and license of the Ministry of Irrigation and Water Resources.
As for the Egyptian legal framework regulating water, it is mainly represented by Law No. 12 of 1984 on irrigation and drainage enacted on February 22, 1984. The said law abolished the Law No. 74 of 1971. The 1984 Law suffers many deficiencies in provision and enforcement – boosting corruption and unfair distribution of water quotas. The said law prohibits any works to be pursued on state lands unless through an authorization and license of the Ministry of Irrigation and Water Resources.
What are the conditions to receive the right in irrigation?
There are four conditions to this right:
A. The existence of a private waterwheel:
There must be a waterwheel that provide water from a watercourse built by its' owner in his land to irrigate it. But the public waterway, no one has a specific right in it, the state is responsible of covering all of its' expenses and maintenance, as everyone has the right to benefit of its' water, according to the system assigned by the ministry of irrigation and under its' supervision. B. If the owner has satisfied his needs of his waterwheel:
As the owner, he bears all expenses, cleaning and maintenance of the waterwheel. Therefore, he has the priority to irrigate his land and satisfy his needs.
C. If the waterwheel owner had a neighbor:
Clause no. 808 states that neighbor owners have the right in irrigation.
D. The neighbor must be in need to irrigate his land:
There are two conditions for the neighbor to earn the right in irrigation: • If the neighbor didn't have a water resource in his land.
• If the neighbor had a water resource in his land, but it was insufficient to irrigate his land.
What are the procedures of demanding the right in water?
• Settle things consensually between both sides.
• By the irrigation and drainage law, as law no. 12 for the year 1984 – clause no. 24 gave the neighbor to demand this right by force. Starting with filing a complaint to the irrigation inspector who investigates the issue by gathering all necessary documents and maps for a period that doesn't exceed two weeks from the date of receiving the complaint.
Farmer associations and rural development associations have a big role in raising farmers awareness about their rights and how to demand them, in order to guarantee their rights in safe farming and decent living.