Moroccan Law Governing Water Resources

Water is a strategic resource in Morocco, given the country's geographical position and the recurring challenges of climate change and drought. To ensure sustainable management and equitable access, Morocco has developed a robust legal framework that governs everything from the ownership of water bodies to the reuse of wastewater.

The cornerstone of this framework is Law No. 10-95, which established the modern principles of water management in the Kingdom. This law, supported by various royal decrees and ministerial decisions, transitions water from a fragmented resource to a unified public domain, ensuring that water is managed in the interest of the entire nation.

The Legal Status of Water and Public Domain

In Moroccan law, water is primarily considered part of the "Public Hydraulic Domain" (الملك العام المائي). This means that water resources—including groundwater, surface water, and even certain types of runoff—belong to the state. This legal classification allows the government to regulate access and prevent the over-exploitation of vital aquifers.

Under Decree No. 2.97.489, which implements Law No. 10-95, the state has the authority to define the boundaries of the public hydraulic domain. This includes:

• The beds of watercourses and their permanent banks.
• Lakes, ponds, and marshes.
• Groundwater and springs of all kinds.

While the state maintains ownership, the law recognizes "acquired rights" (الحقوق المكتسبة). According to Reference 1 of the legal code, provisions exist for individuals or entities who had legally established rights to specific water sources prior to the enactment of modern water laws. However, these rights must be formally recognized within specific legal deadlines to remain valid.

Governance and Distribution of Drinking Water

The management of drinking water is a multi-sectoral responsibility in Morocco. To ensure coordination between different government departments, Royal Decree No. 594.67 established a Ministerial Committee for the Coordination of Drinking Water Affairs.

This committee, placed under the authority of the Head of Government (formerly the Prime Minister), is tasked with:

1. Collecting and centralizing studies related to drinking water across the Kingdom.
2. Defining the national policy for supplying urban and rural areas with potable water.
3. Proposing administrative measures to ensure seamless coordination between agencies.

Furthermore, the distribution of water for agricultural purposes is strictly regulated. Decree No. 2.69.37 governs the conditions for water distribution and use within irrigation perimeters. This ensures that water used for farming—a major sector of the Moroccan economy—is distributed efficiently and in accordance with the national investment code for agriculture.

Water Quality and Environmental Protection

Moroccan law places a high priority on the quality of water, particularly water intended for human consumption. Decree No. 2.05.1326, rooted in Articles 58 to 66 of Law No. 10-95, sets rigorous standards for "water for food use." This legal framework ensures that any water distributed for drinking or food production meets health and safety requirements.

To protect the natural environment, the law also strictly regulates what can be discharged into water bodies. Decree No. 2.04.553 governs the direct or indirect discharge, flow, or deposit of materials into surface or groundwater. This is a critical legal tool for preventing industrial and urban pollution from contaminating the nation's water supply.

Additionally, Morocco has embraced the circular economy through the regulated reuse of wastewater. Under Decree No. 2.97.875:

• Wastewater cannot be reused unless it has undergone a verified purification process.
• Authorizations for using treated wastewater are granted by the Director of the relevant Hydraulic Basin Agency (وكالة الحوض المائي).
• Internal reuse within an industrial or agricultural facility is permitted unless specifically prohibited for health reasons.

Energy and Infrastructure: The Role of ONEE

The intersection of water and energy is managed through state institutions like the National Office of Electricity and Drinking Water (ONEE). Historically, the transition of water and electricity management from private concessions to state control was governed by specific decrees, such as Decree No. 2.73.216.

This decree facilitated the transfer of assets and obligations from former private entities to the National Office, ensuring that the state maintains control over the production, transmission, and distribution of these essential services. This centralized approach allows for large-scale infrastructure projects, such as dams and desalination plants, which are vital for Morocco's water security.

Conclusion

The Moroccan legal framework for water resources is designed to balance the needs of the population, the demands of the agricultural sector, and the necessity of environmental conservation. By classifying water as a public good and establishing clear regulatory bodies like the Hydraulic Basin Agencies, Morocco provides a legal pathway for sustainable development.

Key takeaways for citizens and investors include the necessity of obtaining proper authorizations for water use, the strict health standards for drinking water, and the state's overarching role in protecting the public hydraulic domain. As water scarcity becomes a global challenge, these laws provide the essential structure for Morocco's resilience and future growth.

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