Law Office ofAli Barakat
Agricultural Land and Disposal Rights

Drilling artesian wells for agricultural projects in Iraq

In briefGroundwater belongs to the state, and no well deeper than ten metres may be drilled, nor water extracted, without a licence from the General Authority for Groundwater setting the purpose and quantity. The application is filed with a recent land registration deed, the licence runs for a year renewable for a second year, and wells must be at least five hundred metres apart unless an exception is granted. The user must respect the quantity and purpose, fit a flow meter, and not create fish ponds.

As river water shares shrink, the artesian well has become the basis of many agricultural projects in the western desert and in areas far from canals. Drilling a well is not, however, a matter for the landholder alone, because groundwater belongs to the state. The office of lawyer Ali Barakat in Baghdad explains the rules here as set out in Water Well Drilling Instructions No. 1 of 2011.

Which wells the instructions cover

Paragraph eight of the first article defines a well as any hole or cavity made with a machine or special tool to reach the water-bearing layer and extract water mechanically or naturally, deeper than ten metres, with a fixed location and a number assigned by the authorised body. The instructions distinguish public-benefit wells from private-benefit wells drilled for private projects or at citizens' request.

Groundwater belongs to the state

Paragraph one of the second article provides that groundwater belongs to the state and is under its management, and may be extracted or used only under a licence from the General Authority for Groundwater setting the purpose of use, the quantity and any other conditions. Under paragraph four, areas where drilling is banned are set by decision of the Minister of Water Resources. Free-flowing wells may be drilled only once the authority approves their designs.

The licence and its conditions

The fourth article sets out:

  • No drilling without a licence: no driller may start drilling a well, extracting groundwater, altering an existing well's specifications or drilling a replacement well without a licence.
  • The application: filed with the authority on its form with supporting documents, including a recent land registration deed. Preparing the file therefore usually starts with obtaining a recent record extract from the land registration department.
  • Term: the licence runs for one year from issue and may be renewed for a second year by the authority's decision if renewal is requested before expiry; it is treated as cancelled if the well is not drilled within that time.
  • Spacing: wells must be at least five hundred metres apart, and an advisory committee in the authority may grant an exception case by case.
  • A second licence: no second licence is granted to someone who has not completed and operated the first well, except for projects that need several wells.

After drilling

The licence holder must run a pump test and submit a report to the authority on the well's yield and water quality, together with geological logging and well inspection forms, within thirty days of finishing drilling. Competent officials may enter any land to carry out studies or investigations.

The user's obligations

The sixth article requires the user to stay within the maximum quantity of water authorised over a period set by the authority, not to use the water for any purpose other than the one the well was drilled for, to fit a lock with a flow meter on private-benefit wells, not to use the water to create fish ponds, to follow the authority's design, and not to pollute the well water or harm the environment.

Replacement wells, backfilling and pumping halts

  • A replacement well licence is granted by the authority's decision if the existing well meets the licence conditions, the new drilling follows the rules and spacing set for the area, and there are justifying reasons, under the seventh article.
  • A well may not be backfilled without the authority's approval and a stated reason, and the authority may halt pumping when water quality deteriorates or groundwater becomes scarce, for a period set by a specialised committee, under the eighth article.

Land leased to graduates

Law No. 16 of 2024 added to article 2 of Law No. 24 of 2013 a paragraph obliging the Ministry of Water Resources to provide a water share or grant a well licence securing a water source for land leased under that law. See reclaiming state agricultural land.

Legal basis and sources

  1. Water Well Drilling Instructions No. 1 of 2011, articles 1, 2, 4, 6, 7 and 8 (Official Gazette, issue 4201 of 1/8/2011)
  2. Law No. 16 of 2024 amending Law No. 24 of 2013, article 2 (Official Gazette, issue 4781 of 1/7/2024)

Frequently asked questions

Must I obtain a licence to drill a well on land registered in my name?

Yes. Groundwater may be extracted only under a licence from the General Authority for Groundwater under the second article.

How long does a well licence last?

One year, renewable for a second year, under paragraph four of the fourth article.

How far must my well be from my neighbour's?

At least five hundred metres, unless an advisory committee in the authority grants an exception.

May well water be used for a fish pond?

No, under the sixth article.

Always check the text in force and its amendments in the official source.

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