Drilling artesian wells for agricultural projects in Iraq
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
- Water Well Drilling Instructions No. 1 of 2011, articles 1, 2, 4, 6, 7 and 8 (Official Gazette, issue 4201 of 1/8/2011)
- 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.
Related topics and articles
- 01Reclaiming state agricultural land and its transfer to graduates under Law No. 24 of 2013Leasing unoccupied state agricultural land and transferring the disposal right to agriculture and veterinary graduates under Law No. 24 of 2013 as amended by Law No. 16 of 2024 and its instructions, and reclaiming dead land under article 1186 of the Civil Code.
- 02Approvals from the agriculture directorate and other authorities in agricultural land transactionsWhen the texts require approval from the agriculture directorate, the Minister of Agriculture, the agricultural council, the groundwater authority or a court in agricultural land transactions, under Law No. 24 of 2013 as amended, the Agrarian Reform Law, the Well Drilling Instructions and the Civil Code.
- 03The musataha contract in Iraqi law and its relation to amiri landThe musataha right under articles 1266 to 1270 of the Civil Code and articles 229 to 234 of the Land Registration Law: which land it arises on, the fifty-year term, rescission for unpaid rent, what happens to buildings at the end, and the difference with amiri land.
- 04The disposal right over amiri land: meaning, scope and transferWhat the disposal right over amiri land is under article 7 of the Land Registration Law and articles 1169 to 1199 of the Civil Code: what the holder may do, what is barred, and how it passes on death to descendants, parents and grandparents.
- 05Selling and assigning the disposal right over amiri landHow the disposal right over amiri land is transferred between living persons under articles 1202 to 1208 of the Civil Code and article 203 of the Land Registration Law, the effect of unpaid consideration, boundaries versus area, and agrarian reform restrictions.