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Law n° 05-12 of 28 Joumada Ethania 1426 corresponding to 4 August 2005 related
to water.
(183 articles)
ARTICLE 1
The present law aims at setting the principles and rules applicable to the
use, the management and the sustainable development of water research as a
property of the national collectivity.
ARTICLE 2
The aims assigned to the use, the management and the sustainable development of
water resources are directed at providing
-water supply through the water mobilization and distribution in sufficient
quantity and in required quality, to satisfy, as a priority, the population
needs and the livestock watering, as well as the demand of agriculture, industry,
and other water users of economic and social activities.
-the public health preservation and the water resources and the aquatic
environment protection against the risks of pollution through the collection and
purification of domestic and liquid wastes as well as against the raining and
streaming waters in urban zones.
-the search and evaluation of superficial and underground water resources, as
well as the surveillance of their quantitative and qualitative state.
-the mastery of the rise of the water level by regulation actions of the
superficial waters flow in order to ease the harmful effects of floods and to
protect the people and the possessions in urban zones and other flooding zones..
ARTICLE 3
The principles on which are based the utilization, the management and the
durable development of water resources are
-the right of access to water and to cleaning up to satisfy the fundamental
needs of the population with respect to equity and to the rules fixed by the
present law, on the matter of water and cleaning up public services,
-the right to use water resources, devolved upon any physical or moral person of
public or private law, within the limits of general interest and with respect to
the obligations fixed by the present law and the regulatory texts taken for its
application,
-the planning of the hydraulic developments of water resources mobilization and
spreading within the frame of hydrographic units, and this, with respect to the
water cycle and in coherence with the orientations and the instruments of the
territory development and the environment protection,
-taking into account the real costs of the water supplying services for domestic,
industrial and agricultural use and the collection and purification services of
liquid wastes, through tariff systems,
-the sufficient recuperation of the public intervention costs linked to the
quantitative and qualitative protection of water resources and of the aquatic
environments, through dues systems of water economy and water protection,
-the systematization of economy practices and the valorization of water by means
of appropriate processes and equipments as well as the generalized counting of
consumed and produced waters, in order to fight the losses and wasting,
-the consultation and participation of administrations, territory collectivities,
concerned operators and representatives of different categories of users, for
taking in charge questions related to the waters utilization and protection, and
to the hydraulic development at the level of natural hydrographic units and at
the national level.
ARTICLE 4
In accordance with the present law, are part of the natural hydraulic public
property
-underground waters, including the waters recognized as spring waters, natural
mineral waters and thermal waters, by the simple fact of recording their
existence and their discovery, notably following searching and drilling works of
recognition, of any nature, realized by any physical or moral person of public
or private law,
-superficial waters constituted of oueds, lakes, ponds, sebkhas and chotts as
well as the soils and vegetations included within their limits,
-alluvial deposits and atterisments which are naturally formed by the oueds beds,
-non-conventional water resources constituted by
* desalted sea-waters and demineralised briny
waters for public utility,
* purified liquid wastes used for public utility,
* waters of any origin injected in the aquaferic
systems by the technique artificial recharge.
ARTICLE 5
Any physical or moral person having discovered, intentionally or by chance,
underground waters, or having been present at the time of such discoveries, is
obliged to declare them to the competent territory administration of water
resources.
ARTICLE 6
The mobilization, production and utilization of all water resources, including
the non-conventional waters, are subject to specific conditions fixed by the
present law, the regulatory texts taken for its application and the related
terms of reference.
ARTICLE 7
The oueds, lakes, ponds, sebkhas and chotts delimitation is determined by the
highest level reached by the waters, and notably for the oueds by the rise of
the water level flowing full to the brim before overflowing.
The delimitation provisions of the natural hydraulic public property are fixed
by regulatory means.
ARTICLE 8
If, because of natural causes, an oued abandons its bed and opens a new one,
this latter, delimited as specified by the provisions of the above-mentioned
Article 7, is incorporated within the natural hydraulic public property.
If the former oued bed is entirely abandoned by the
waters, this latter may be attributed, as compensation, to the occupied funds
owners of the new bed, in the proportion of the soil value taken to each of them.
If the former bed is not entirely abandoned by the waters or if the provisions
designed in the previous paragraph are not applicable, the owners of the funds
crossed by the new bed benefit from a calculated compensation as in a matter of
expropriation for a public utility cause.
ARTICLE 9
Any administration act of the natural hydraulic public property entitles, when
it infringes on the third parties, a determined compensation as in a matter of
expropriation for a public utility cause.
ARTICLE 10
It is instituted, along the oueds, lakes, ponds, sebkhas and chotts banks a
zone called free-side zone, over a three (3) to a five (5) meters width
according to the case, inside the natural hydraulic public property, designed to
allow the free passage of the administration personnel and materials in charge
of water resources or of contractors in charge of woks of the banks maintenance,
cleaning-out and protection.
ARTICLE 11
Along the oueds, lakes, ponds, sebkhas and chotts banks for which the free-side
zone cannot be identified and used for topography reasons and the overflowing of
waters, it is instituted a free-side constraint, over a three (3) to a five (5)
meters width according to the case, inside the residents properties, and
calculated from their limits.
ARTICLE 12
Inside the free-side zones or those zones subject to a free-side constraint
-are prohibited any new construction, any plantation, any fixed fence elevation,
and any act that could harm the oueds, lakes, ponds, sebkhas and chotts
maintenance,
-the administration in charge of water resources may require the felling of
trees as well as the demolition of any existing construction, subject to
repairing the caused damages.
ARTICLE 13
In case of the free-side constraint, instituted by the provisions of the above-mentioned
article 11, is not sufficient for establishing an exploitation path in constant
conditions, the administration in charge of water resources may engage any
action designed to acquire the necessary lands, including by means of
expropriation for a public utility cause, in accordance with the legislation in
force..
ARTICLE 14
The extraction of alluvial materials by any means, and in particular by the
installations of sand quarries in the oueds beds, is prohibited.
On a transitional basis, and for a period not exceeding two (2) years starting
with the publication of the present law in the Official Journal of the
Democratic and Popular Republic of Algeria, the extraction may be authorized
within the frame of the concession system assorted with the terms of reference,
and subject to an impact study established in accordance with the legislation
and the regulations in force.
The terms of application of the present article provisions are specified, should
the occasion arise, by regulatory means.
Article
15
It is prohibited to undertake, in the oueds beds, any act liable to
hinder the free flowing of superficial waters, bringing prejudice to the
stability of banks and to public works, and to harm the conservation of alluvial
sheets.
The plantations of annual cultures are authorized on the hydraulic public
property according to the terms fixed by regulatory means.
Article 16
Are the concern of the artificial hydraulic public property, the
works and installations realized by the State and the territorial collectivities
or on their behalf, and notably:
-all works and installations realized with the aim of searching, observing and
evaluating quantitative and qualitative water resources,
-works of underground and superficial water resources mobilization and transfer,
treatment stations, stocking reservoirs, transport and water distribution
infrastructures as pipes and canals networks, as well as their dependencies,
allocated to public use of urban and rural agglomerations water supplying or of
irrigation and drainage perimeters,
-collectors of rain waters and liquid wastes, purification stations, as well as
their dependencies, allocated to public use of urban and rural agglomerations
cleaning up,
-works for reducing floods and the oueds beds and banks dyking up and
development with the aim to ensure the protection against the flooding of urban
and flooded zones
Article 17
Are also the concern of the artificial hydraulic public property
works and installations considered as possessions in return to the State without
compensation at the expiry of a concession contract or a realization and
exploitation delegation concluded with a physical or moral person, of public or
private law.
Article 18
The norms and rules on the matter for hydraulic works and
installations studies, realization, control, exploitation and maintenance are
fixed by regulatory means.
Article 19
Works and installations concerning the artificial hydraulic public
property are the subject of an inventory established by the administration in
charge of water resources.
The elaboration terms of the hydraulic infrastructures inventory are fixed by
regulatory means.
Article 20
In accordance with the provisions of the law # 90-30 of 14 Joumada El
Oula 1411 corresponding to 1st December 1990 concerning the domains law,
hydraulic works and installations, as defined by the above-mentioned Article 16,
are the subject of a classification procedure conferring the public domain
characteristic.
Article 21
In accordance with the present law, the State, the territorial
collectivities, the public establishments as well as the public services dealers
and delegates that realize works and installations concerning the artificial
hydraulic public property benefit from ascendency constraints, temporary
occupation or implementation on the residents properties.
Article 22
The ascendency zones necessary for the installation of works and
public use installations could be the subject of, as the case may be, either a
temporarily occupation or expropriation for a public use cause.
In the case of the temporary occupation, the concerned owners have the right for
full compensation of the caused damage.
Article 23
The residents of water transfer and adduction pipes and canals as
well as the residents of the agricultural cleaning-up collectors are obliged to
allow the free passage on their properties of employees and the administration
material or the contractors in charge of their maintenance as well as the depot
of cleaning-out products over a five (5) meters width on both sides of the
artificial hydraulic public property.
Inside the zones submitted to a depot or passage constraint, as designed in the
preceding paragraph, any new construction, any fixed fence elevation or any
trees plantation is prohibited.
Any funds owner crippled by a depot constraint may, at any time, require from
the beneficiary of this constraint the acquisition of this piece of land.
Article 24
The funds owner or farmer is submitted to constraints concerning the
installation by the administration of means of signaling, of water measurement
and reading.
Article 25
The charge of works notifies in writing the execution of works on the
lands crippled by constraints to the persons exploiting the aforesaid lands, on
condition that they inform the owners.
A statement of the premises is drawn up to evaluate the damages resulting from
the execution of works.
Article 26
Any funds owner or user stricken with constraints, subject to the
present section, is obliged to abstain from any act liable to harm the object
for which the constraint was established.
Article 27
The State, the territorial collectivities, the public establishments,
the dealers and the public services delegates that realize public use
developments may benefit from implantation constraints of buried or open pipes,
in the non-built private lands.
When the establishment of these constraints cause prejudices to the concerned
owners, these latter may expect compensation determined on the basis of the
identified prejudices.
Article 28
The constraints are established and delimited in the most rational
and the less harmful conditions for the exploitation of the crossed funds.
Article 29
The contests that could give rise to the establishment and execution
of public use constraints together with the fixation of indemnities due on this
occasion are settled as in a matter of expropriation for a public use cause.
Article 30
The protection and preservation of water resources are ensured by:
-perimeters of quantitative protection,
-plans for fighting the hydric erosion,
-perimeters of qualitative protection,
-measures of prevention and protection against pollutions,
-measures of prevention against floods risks.
Article 31
Concerning the overexploited aquiferic sheets, or threatened to be, it is
instituted perimeters of quantitative protection in order to ensure the
preservation of their water resources.
Article 32
Inside the perimeters of quantitative protection:
-are prohibited any realizations of new wells or drillings or any modification
to the existing installations aiming at increasing the taken flows,
-are submitted to the administration authorization in charge of water resources
any replacement or readjustment works of the existing hydraulic installations.
The administration in charge of water resources may proceed to a limitation of
the exploitation flows or the putting out of service a certain number of taking
points.
Article 33
The delimitation terms of quantitative protection perimeters as well
as the specific conditions for using their waters resources are fixed by
regulatory means.
Article 34
To prevent and limit the superficial water stoppages silting up by
sedimentation and to ensure the conservation of their useful capacity, it is
proceeded to the perimeters delimitation for fighting against the hydric erosion
in the upstream attached basins of the aforesaid stoppages.
For each stoppage perimeter, and delimited according to the hydric erosion
intensity of the attached basins soils, it is established an anti-erosion
developments plan concerted between the administrations, the organisms and the
concerned populations representatives, aimed at ensuring the waters and soils
conservation and reducing the degradation risks of the threatened ecosystems.
The conditions and terms of the perimeters delimitation for fighting against the
hydric erosion as well as the elaboration, approval and follow-up procedures for
the implementation of the anti-erosion developments plans are fixed by
regulatory means.
Article 35
In the zones characterized by a strong hydric erosion provoking an
accelerated silting up of the superficial water stoppages, the anti-erosion
developments plans may institute all measures aiming at :
-promoting the use of cultivating or breeding techniques permitting a better
protection of the soils,
-the prohibition of any intervention liable to damage the works of waters and
soils conservation,
-the suppression of all artificial and natural obstacles established in the
agricultural or forestry exploitations and liable to hamper the realization of
development of vegetable covering, the protection of the oueds banks, the
operations of torrential correction and all other anti-erosion actions.
Article 36
The interventions and works carried out within the scope of
anti-erosion developments plans, elaborated and adopted in accordance with the
legislation and regulation in force, as well as the pertaining temporary or
definitive measures may entitle to compensation in aid to the concerned owners
according to the caused prejudices.
Article 37
Aids and advantages of any nature may be granted to individuals who
implement waters and soils conservation techniques and fighting techniques
against the hydric erosion in the attached basins of the superficial water
stoppages.
Article 38
It is established, around works and installations of underground or
superficial water mobilization, treatment and stocking, as well as around
certain aquiferic and oueds vulnerable parts, a qualitative protection zone
comprising, according to the prevention necessities of pollution risks :
-an immediate protection perimeter of which the lands must be acquired by the
State and protected by a physical or moral person in charge of the works and the
concerned installations protection.
-a close protection perimeter within which are prohibited and regulated the
depots, activities or installations liable to pollute the waters, in a chronic
or accidental manner,
-a distant protection perimeter within which are regulated the depots,
activities or installations stamped in the preceding paragraph.
Article 39
Inside the qualitative protection perimeters, all activities,
including the agricultural and industrial activities, may be regulated or
prohibited. May be subject to particular measures of control, restriction or
prohibition, activities concerning notably :
-the installation of liquid wastes pipes,
-the installation of pipes, reservoirs and hydrocarbon depots, service stations
of fuel distribution,
-the installation of asphalt centrals,
-the installation of any constructions for industrial use,
-the wastes depot of any nature,
-the epandage of effluents and, in a general manner, all products and materials
liable to alter the water quality, including, if such is the case, the products
intended for agriculture,
-the quarries installation and exploitation .
Article 40
The conditions and terms of the qualitative protection perimeters
creation and delimitation, the nomenclature of the protection perimeters
required for each type of mobilization, treatment and water stocking work or
installation, as well as the regulation or activities prohibition measures for
each qualitative protection perimeter are fixed by regulatory means.
Article 41
Inside the qualitative protection perimeters, the administration in
charge of water resources reserves the right to carry out, at any time and any
place, any observation, measure and control intended to follow up the
qualitative evolution of water resources.
Article 42
The indemnities due to the lands owners included within the
qualitative protection perimeters are fixed in accordance with the rules
applicable on an expropriation matter for a public use cause.
Article 43
In accordance with the Articles 48 to 51 provisions of the law #
03-10 of 19 Joumada El Oula corresponding to 19 July 2003 concerning the
protection of the environment within the scope of the lasting development, the
hydric environment and the aquatic ecosystems must be protected against any form
of pollution liable to alter the waters quality and to be harmful to their
different uses.
Article 44
The effluents rejections, the dumping or the depots of materials of
any nature that do not present toxicity or nuisance risks in the hydraulic
public property are submitted to an authorization of which the granting
conditions and terms are fixed by regulatory means.
Article 45
The authorization specified in the above-mentioned Article 44 is
refused notably when the effluents or materials are likely to harm :
-the natural regeneration capacity of waters,
-the requirements of waters use,
-public health and salubrity,
-the protection of aquatic ecosystems,
-the normal flowing of waters,
-the nautical leisures activities.
Article 46
Are prohibited :
-any dumping or liquid wastes rejection of any nature in wells, drillings,
harnessing galleries, public fountains and drinking troughs, dry oueds and
canals,
-any insalubrious materials depot or burying liable to pollute underground
waters by natural infiltration or by artificial recharge,
-the introduction of any insalubrious materials in the works and installations
designed for water supplying,
-animal corpses depot and burying in the oueds, lakes, ponds and in proximity to
wells, drillings, harnessing galleries, public fountains and drinking troughs.
Article 47
Any listed establishment, in the sense of the Article 18 provisions
of the law # 03-10 of 19 Joumada El Oula 1424 corresponding to 19 July 2003
concerning the protection of the environment within the scope of the lasting
development, and notably any industrial unit of which the regulations are
recognized as polluting must imperatively :
-provide for appropriate purification installations,
-put in conformity with their installations or the treatment processes of their
residual waters in relation to the rejection norms as fixed by the regulatory
means.
Article 48
When the pollution of waters endangers public salubrity, the
administration in charge of water resources must take all the executive measures
in view of stopping the effluents dumping or the depots of harmful materials. It
must also decide to stop the functioning of the establishment which is
responsible, until the disappearance of pollution.
Article 49
The superficial water takings as well as the lakes and ponds
threatened of entrophisation following the dumping of polluting effluents are
subject to plans for the waters quality restoration and protection.
This plan includes measures and actions aiming at :
-the suppression of chronic pollution sources, notably through the realization
of purification systems of urban and industrial water wastes,
-the implementation of any technical operations permitting to restore the waters
quality,
-the installations of observation and follow-up devices of the waters quality
significant parameters and of an anti-pollution alert system.
The conditions and terms for the elaboration, approbation and implementation of
the restoring plans and of the waters quality protection are fixed by regulatory
means.
Article 50
The objectives of quality to which must respond underground waters as
well as the superficial waters flowing and taking designed for the populations
water supplying are fixed by regulatory means.
Article 51
The periodical inventory of underground and superficial waters degree
of pollution as well as the waters dumping or rejection characteristic controls
are carried out in accordance with the Articles 49 and 50 provisions of the law
# 03-10 of 19 Joumada El Oula 1424 corresponding to 19 July 2003 concerning the
protection of the environment within the scope of the lasting development and
with the subsequent regulations texts.
Article 52
The characteristic techniques of the water wastes purification
systems are fixed by regulatory means taking into account notably the criteria
relative to agglomerations, the possibilities of purified waters use, and the
contamination and pollution risks.
Article 53
To ensure the persons and possessions protection introduced
downstream the superficial water stoppages and in proximity to oueds, and in
accordance with the legislative provisions in force on the matter, devices fixed
by regulatory means may, if such is the case, foresee instruments of floods
prediction and alert and intervention measures.
Article 54
On the dykes of protection against floods, it is prohibited to
plough, to plant trees, to circulate animals or to deploy any activity that
could deteriorate the structure of works.
Article 55
In the regions or zones threatened by the phreatic sheets ascent, the
State and the territorial collectivities carry out works and infrastructures of
protection and institute all preventive measures and aid to the concerned
populations in view of safeguarding the frame of life and possessions and to
prevent the incurred risks.
Article 56
For each natural hydrographic unit, it is instituted a leading plan
of water resources development that defines the strategic choices of water
resources mobilization, allocation and use, including the non-conventional
waters, in view of ensuring :
-the satisfaction of water needs corresponding to domestic, industrial and
agricultural uses and other economic and social uses,
-the quantitative and qualitative protection of underground and superficial
waters,
-the prevention and management of risks related to exceptional natural
phenomena, such as drought and floods.
Article 57
The leading plan of water resources development determines, on the
basis of water supply and demand, in quantity and quality, the expansion
objectives of mobilization and water transfer developments between natural
hydrographic units, taking into account economic parameters.
The leading plan of water resources development defines also the objectives on
the matter of water resources use as well as the measures related to the
economy, valorization and protection demands of water quality, within a
perspective of these resources lasting management.
Article 58
The elaboration, consultation, adoption, evaluation and updating
terms of the leading plan of water resources development, as well as its
territorial limits, are fixed by regulatory means.
Article 59
It is instituted a water national plan that defines the objectives
and national priorities on the matter of mobilization, integrated management,
transfer and allocation of water resources.
It defines also the accompanying measures of economic, financial, regulatory and
organizational nature necessary for its implementation.
Article 60
The elaboration, approbation, implementation, evaluation and updating
terms of the water national plan are fixed by regulatory means.
Article 61
The programs for the developments realization of national, regional
or local interest as well as the instruments and decisions of a technical or
economic nature initiated by the administration in charge of water resources
must take into account the objectives and measures fixed by the national plan of
water.
Article 62
It is created a national consultative body called "National
consultative council of water resources" in charge of examining the strategic
options and the implementation instruments of the water national plan as well as
all matters related to water for which its advice is required.
Article 63
The national consultative council of water resources is composed of
the administrations representatives, the local assemblies, the concerned public
establishments, and the professional or users associations.
The mission, the composition and the functioning rules of the national
consultative council of water resources are fixed by regulatory means.
Article 64
At the level of each natural hydrographic unit, the integrated
management of water resources is exercised by a hydrographic basin agency, of
which the mission, the organization and functioning rules, and the consultation
frame are fixed by regulatory means.
Article 65
The regulation of water public services may be exercised by an
autonomous administrative authority.
The regulation authority is, within the legislation frame in force and the
present law provisions, in charge of seeing to a sound functioning of the water
public services, taking into account, notably, the users interests.
Within the frame of its mission, the regulation authority :
-contributes to the implementation of water public services management device
and to the establishment of the related norms and rules,
-sees to abiding the principles governing the tariff systems and controls the
costs and rates of the water public services,
-carries out any surveys, experts reports, studies and publications concerning
the evaluation of the service quality to users.
The attribution as well as the organization and functioning rules of the
regulation authority are fixed by regulatory means.
Article 66
It is established by the administration in charge of water resources
an integrated management system of information on water, harmonized with the
information systems and the data base constituted notably at the level of the
competent public bodies.
The organization and functioning terms of the integrated management system of
information on water are fixed by regulatory means.
Article 67
The physical or moral persons, of public or private law, holding a
natural hydraulic public property authorization or concession, the water public
services and cleaning up dealers or delegates and the irrigated perimeters
exploitation dealers are obliged to provide periodically to the authority in
charge of the integrated management system of information all data and
information they have at their disposal.
Article 68
The administration in charge of water resources provides, at the
request of whoever wants to undertake the duly authorized realization of a water
taking work in the natural hydraulic public property for a public or exclusive
use, all available information of a hydrologic and hydrogeology nature, as well
as all information concerning the prescriptions of qualitative and quantitative
protection.
Article 69
The superficial and underground water resources are subject to
controls of their physical, chemical, biological and bacteriological
characteristics.
The conditions in which are carried out the taking and the samples analyses are
fixed by regulatory means.
Article 70
The inventories and the data base relating to water resources and to
hydraulic works and installations of any nature are established and brought up
to date by the administration in charge of water resources.
Article 71
Any water resources use, including the waters intended for
agricultural use and the non-conventional waters, by physical or moral persons,
of public or private law, by means of water taking works and installations or
for aquaculture purposes, can only be carried out in accordance with an
authorization or a concession issued by the competent administration in
accordance with the present law provisions and its texts of application.
Article 72
The water resources use authorization or concession confers on its
holder the disposal, for a determined period, of water flow or volume,
determined on the basis of the global resources available in an average year and
on the needs corresponding to the considered use.
Article 73
The water resources use authorization or concession gives rise to the
payment of royalties fixed by the appropriation bill.
The terms of these royalties recovery are fixed by regulatory means and are
specified in the authorization or concession proceedings.
Article 74
The water resources use authorization is an act of public law issued
to any physical or moral person, of public or private law, who requests it in
conformity with the conditions fixed by the present law and in accordance with
the terms defined by regulatory means.
Article 75
Are subject to the system of water resources use authorization, the
operations concerning:
-the realization of wells or drillings, with a view to underground water taking,
-the realization of spring harnessing works that are not designed for a
commercial exploitation,
-the construction of derivation, pumping or stoppage works and installations,
with the exception of dams, with a view of a superficial water taking,
-the establishment of any other underground or superficial water taking works or
installations.
Article 76
The concession of water resources use concerning the natural
hydraulic public property is an act of public law issued to any physical or
moral person, of public or private law, who requests it, in conformity with the
conditions fixed by the present law and according to the terms defined by
regulatory means.
Article 77
Are subject to the system of water resources use concession, the
operations concerning notably :
-the realization of drillings in view of water taking in the fossil aquiferic
systems or weakly renewable, for agricultural or industrial uses, notably in the
saharian zones,
-the establishment of superficial or underground water taking installations,
including by the connection to water adduction systems, in view of ensuring an
autonomous supply of industrial zones or units,
-the establishment of sea-water desalinization or briny waters demineralization
installations on account of public utility or for the satisfaction of proper
needs,
-the realization of infrastructures intended to purified water wastes use for
individual or collective agricultural uses or for industrial uses,
-the development of natural mineral waters harnessing, of spring waters or
waters called "table waters" of underground origin, having been the subject of a
quality recognition procedure in view of a commercial exploitation for
consumption purposes,
-the development of thermal waters harnessing or drillings having been the
subject of a recognition procedure for their therapeutic properties in view of
an exploitation for curative treatments purposes,
-the establishment of installations and the implementation of particular
operations at the level of superficial water takings and lakes, in view of
developing aquaculture and continental fishing or sports activities and nautical
leisures,
-the establishment of installations at the foot of dams, water plans and
derivation works in view of supplying hydroelectric factories.
Article 78
The granting of a water resources concession use is subordinated to
the signing, by the conceding authority and the dealers, of particular terms of
reference
The terms of reference types are fixed by regulatory means for each of the
categories for use provided by the above-mentioned Article 77 provisions.
Article 79
The terms of reference concerning the concession use of fossil water
resources must take into account the aquiferic sheets conservation requirements,
to safeguard traditional harnessing works as well as the local ecosystems
protection.
Article 80
The terms of reference concerning the concession of water resources
use to ensure an autonomous supply of industrial zones and units must take into
account the valorization possibilities of non-conventional waters as well as the
economy requirements and water recycling through choosing appropriate processes.
Article 81
In accordance with the present law, the realization and exploitation
concession of sea-water desalinization or briny waters demineralization
installations for public utility purposes may be granted in conformity with the
order provisions of 20 August 2001 relating to the investment development.
Article 82
The terms of references concerning the concession of purified water
wastes use for the irrigation of certain cultures or the watering of green
spaces must take into account preventive measures related to sanitary risks and
impacts on the environment.
Article 83
The definition of natural mineral waters, briny waters, thermal
waters and waters called "table waters" as well as the conditions of their
classification and commercial exploitation are fixed by regulatory means.
In all cases, the terms of references relating to this concession category must
take into account drinkable water supplying needs of agglomerations and
neighboring localities as well as the satisfaction of pre-existing agricultural
uses.
Article 84
The terms of references concerning the concession of water resources
use for the development of aquacoles, sports or nautical leisures activities or
for the production of electrical energy must take in charge the exploitation and
maintenance necessities of water takings as well as the hydraulic works safety.
Article 85
The authorization or concession refusal of water resources use must
be motivated.
Applications are refused if the needs to satisfy are not justified, if their
satisfaction is detrimental to the quantitative and qualitative protection of
water resources, if they infringe on the general interest or if they are
contrary to the duly established third-parties rights.
Article 86
The authorization or concession of water resources use may, at any time,
be modified, reduced or revoked on account of general interest, with
compensation, if the authorization or concession holder is subjected to a direct
prejudice, according to the terms fixed by the authorization or the terms of
reference.
Article 87
The authorization or concession of water resources use is revoked,
without compensation, after addressing a formal notice to its holder, in the
case of the conditions and obligations non-respect that result from the present
law provisions, regulatory texts taken for its application as well as from the
authorization and the terms of reference.
Article 88
The administration in charge of water resources may order:
-the modification of equipment works in non-conformity with the authorization or
concession conditions,
-the demolition of works carried out without authorization or concession or, in
case of the authorization or concession right decay, the places restoration.
Article 89
The holders of a water resources use authorization or concession are
obliged :
-to use water in an economical and rational way,
-to observe the provisions relative to the putting into service and exploitation
conditions of hydraulic works,
-to respect the other water users rights,
-to install measure or counting devices of water consumptions,
-to submit to control interventions carried out by entitled agents.
Article 90
Without prejudice to the penal sanctions foreseen by the present law
provisions, the administration in charge of water resources may proceed to the
provisional suspension of the water resources use authorization or concession in
case of duly recorded water wasting and whatever the cause.
The authorization or concession reestablishment is subordinated to recording, by
the administration in charge of water resources, of the provisions taken by the
concerned users to remedy to the recorded wasting.
Article 91
In case of natural calamities, and notably in case of drought, the
administration in charge of water resources may take limitation or provisional
suspension measures of water uses or proceed to requisitions in view of
mobilizing the necessary waters to fight disasters and to ensure, as a priority,
the populations water supply and the livestock watering.
Article 92
The hydraulic works and installations realized by the persons of
private law must respond to the norms and rules prescribed in the Article 18 of
the present law.
Article 93
Aids and supports of any nature may be granted to physical or moral
persons, of public or private law, that initiate and put into service operations
concerning notably :
-the development, implementation or modification of technologies processes,
installations or equipments that permit to economize, recycle and to enhance the
value of water,
-the use of purified water wastes in view of enhancing the value of processed
waters.
Article 94
Any physical or moral person, of public or private law, holding a
water resources use authorization or concession, benefits from a waters passage
right, including the lands drainage waters, through an underground pipe in the
intermediary funds, with the exclusion of yards, gardens and enclosures
enjoining to houses. This must be made in the most rational and the less
damageable conditions to the crossed funds exploitation, on condition of a just
and prior indemnity.
The objections resulting from the constraint and compensation establishment are
the concern of courts.
Article 95
The intermediary funds owners or farmers, affected by the constraint
established in the above-mentioned Article 94, have the faculty to benefit from
the entering or leaving waters flow from their funds. They support, in this
case, :
-a proportional part of the works value of which they benefit,
-the costs resulting from the modifications that the exercising of this faculty
may render necessary,
-a contributive part for the maintenance of common works.
Article 96
Any physical or moral person, of public or private law, holding a
water resources use authorization or concession, has the faculty to rest, on the
opposed resident property, the necessary works for his water supply point on
condition of a just and prior indemnity.
Buildings, yards and enclosures enjoining to houses are exempted from this
constraint.
Article 97
The resident on the funds of which the resting is claimed may require
the work common use, by contributing, in half, to the establishment and
maintenance expenses. In this case, no indemnity is due.
When the common use of this work is required after the works beginning and
completion, the person who requires it must support, by himself, the exceeding
costs of which the changes give rise.
Article 98
Any owner has the right to use and have at his disposal rain waters
falling on his funds.
The inferior funds owner is obliged to receive on his funds the waters that flow
naturally from the superior funds, notably rain-waters, snow-waters and
non-harnessing springs.
Article 99
Any owner who, at the time of underground or probing works, springs
up waters in his funds, has the crossing right on the inferior funds properties,
along the most rational and the less damageable line.
The inferior funds owners have the right for an indemnity, in case of damage
resulting from the waters flow.
Article 100
Drinkable and industrial water supply and cleaning up constitute
public services.
Article 101
Water public services are the concern of the State and districts. The
State may grant the management of water public services to moral persons of
public law, on the basis of terms of reference and a service regulation approved
by regulatory means. It may also delegate all or part of their management to
moral persons, of public or private law, on the basis of a convention.
The district may, in accordance with the provisions fixed by regulatory means,
exploit the owned water public services endowed of financial autonomy or concede
their management to moral persons of public law.
Article 102
The dealer of a water public service or cleaning up is assigned,
within the concession territorial limits, the exploitation, maintenance,
renewal, rehabilitation and development of works and installations belonging to
the artificial hydraulic public property and permitting to ensure, according to
the case, :
-the water production from the mobilization and transfer works, the water
treating, adduction, stocking and distribution for domestic and industrial use,
-the water wastes collection, evacuation and purification in view of their total
elimination.
The dealer is also assigned the concession commercial exploitation, including
the whole invoiced operations and the recovery of the total amounts due by the
water public service and cleaning up users in conformity with the tariff system.
Article 103
Within the frame of a water public service or cleaning up concession,
the dealer is obliged, according to the case, :
-to ensure the compatibility of the hydraulic infrastructures development
projects with the stipulations of the water resources development leading plans,
-to rationally manage superficial and underground water resources and the
non-conventional water resources put at his disposal,
-to promote technological processes as well as information and sensitive actions
aiming at water economy by the public service users,
-to see to the receiving environments protection against pollution risks of any
nature,
-to respect the norms and rules relating to the installations safety.
Article 104
The administration in charge of water resources, acting in name of
the State, or the dealer, may delegate all or part of the water or cleaning up
public services activities management to public or private operators presenting
professional qualifications and sufficient financial guarantees.
The dealer may also delegate all or part of these activities to subsidiary
companies of exploitation created to that effect.
Article 105
The public service delegation is made by means of an appeal to
competition specifying notably the consistency and the execution conditions of
the services put at the charge of the proxy, the committed responsibilities, the
delegation duration, the proxy terms of payment or the paid service tariff by
the users and the evaluation parameters of the service quality.
Article 106
The public service delegation may consist in the hydraulic
infrastructures construction or their rehabilitation as well as their
exploitation within the frame of partnership operations including the incurred
projects conception and the investments financing.
Article 107
The convention of the public service delegation is approved in
accordance with the provisions fixed by regulatory means.
The modification, prolongation or cancellation are made in the same manner.
Article 108
When the public service delegation is initiated by the dealer, acting
as a delegating organism, this latter is obliged to solicit, prior to his
putting in competition, the prior agreement of the administration in charge of
water resources.
Article 109
The dealer must submit to the conceding authority an annual report
permitting to control and evaluate the execution conditions of the public
service delegation.
This annual report and the assessment ensued from its scrutiny are the subject
of a communication to the government.
Article 110
The proxy is obliged to put at the dealer s disposal all useful
technical, financial and accountancy documents for an evaluation of the public
service delegation.
Article 111
In the sense of the present law, we mean by water of human
consumption any water designed for :
-drink and domestic uses,
-fizzy drinks and ice manufacturing,
-the preparation for conditioning and the conservation of any foodstuffs.
Article 112
Any physical or moral person, of public or private law, supplying
water of human consumption, is obliged to ensure that this water meets the
drinkability and quality norms fixed by regulatory means.
Article 113
The human consumption of water supplying conditions by means of mobile tanks
from a taking point or from a drinkable water supplying network are fixed by
regulatory means.
Article 114
The water nature, periodicity, and analysis methods at the level of
the production, treating, adduction, stocking works and installations and of
human consumption water supplying, as well as the laboratories agreement
conditions having to make these analyses, are fixed by regulatory means.
Article 115
Within the frame of sanitary control foreseen by the laws and
regulations in force, it is proceeded regularly to control analyses of human
consumption water quality.
The results of these analyses must be made public.
Article 116
The methods and the chemical products used for the human consumption
waters treating and correction are defined by regulatory means.
Article 117
Any practicing person at the level of works and installations for
water public service exploitation must be the subject of a medical follow-up in
accordance with the provisions fixed by regulatory means. Persons suffering from
a disease that could be transmitted by hydric ways are not allowed to practice.
Article 118
In an agglomerated zone, is obligatory the connection to the cleaning
up public network of any residence or installation.
Article 119
Any dumping in a cleaning up public network or in a water wastes
purification station, other than domestic, is subject to the prior authorization
by the administration in charge of water resources.
This dumping may be subordinated to a pre-treating obligation in the case where,
in the rough, these water wastes may affect the sound functioning of the
cleaning up public network and purification station.
Article 120
It is prohibited to introduce into cleaning up works and
installations any solid, liquid or fizzy material liable to harm the
exploitation personnel health or to lead to degradation or a functioning
nuisance of the water wastes collection, evacuation and purification works.
Article 121
In the scattered settlement zones or in the centers that do not have
available a collective cleaning up system, the water wastes evacuation must be
made by means of autonomous installations accepted and controlled by the
administration in charge of water resources.
Article 122
Any cleaning up autonomous system must be rendered out of serving
from the putting into service of a cleaning up public network.
Article 123
Any building owner must draw up his constructions roofs so that rain-waters
flow out on his ground or on the public highway. He cannot let pour on his
neighboring funds.
Article 124
The water wastes coming from houses may be brought to collection
works in the same conditions and under the same reserves than those foreseen in
the Article 94 of the present law.
Article 125
In accordance with the present law, is qualified as agricultural
water any water designed for an exclusively agricultural use and, secondarily,
to other needs connected to agricultural activities.
Article 126
Any agricultural water taking may only be conducted in accordance
with the provisions fixed by the Articles 71 to 93 of the present law.
Article 127
Works and installations belonging to the artificial hydraulic public
property and designed for agricultural use are classified as large, medium or
small agricultural hydraulic infrastructures and are subject to concession in
accordance with the conditions and provisions fixed by regulatory means.
Article 128
The water resources use authorization or concession for irrigation
ends is granted to the benefit of a determined funds. In case of the considered
funds transfer, the right of use is transferred in full to the new owner. This
latter must declare this transfer to the administration in charge of water
resources within a three months deadline as from the property transfer.
Article 129
The agricultural lands owners or farmers are obliged to proceed to a
rational use of the agricultural water, notably through the use of techniques
permitting to economize on water.
Article 130
The use of crude water wastes for irrigation is prohibited.
Article 131
In the sense of the present law, we mean by irrigation perimeter, any
plots of agricultural lands having irrigation and cleaning up infrastructures,
as well as having a perennial water resource.
Article 132
The typology of the irrigation perimeters as well as the rules,
measures and obligations permitting to ensure the water valorization and the
conservation of agricultural lands that include them are fixed by regulatory
means.
Article 133
The management of irrigation perimeters equipped by the State, or on
its behalf, is conceded to moral persons, of public or private law, on the basis
of the terms of reference fixing, notably, the rules relating to the
exploitation, maintenance and renewal of irrigation works and installations,
lands drainage and cleaning up, and to the cover terms of the management
charges.. The terms of reference also state the elements relating to the
distribution and water use regulation inside the irrigation perimeter.
The standard terms of reference for the irrigation perimeters management by
concession is fixed by regulatory means.
Article 134
The concession acts of water mobilization works and installations fix
the organization rules of the water distribution and valorization as well as the
cover terms of the maintenance and exploitation charges for the irrigation and
cleaning up infrastructures of the agricultural lands.
Article 135
Any irrigation perimeter management dealer is obliged to :
-control the level of the phreatic sheet and to ensure its compatibility with a
rational exploitation of the soils,
-follow the soils evolution and the irrigation waters quality by means of
periodical analyses,
-see to that used waters do not constitute, by their stagnation, a deterioration
source of the cultivable soils or a diseases propagation, notably by
implementing agricultural drainage and cleaning up systems.
Article 136
Measures and particular prescriptions may be specified by regulatory
means to ensure the development of :
-the pastoral hydraulics and the watering of livestock,
-the epandage of floods.
Article 137
The tariff systems of water services are established by a tariff zone
in accordance with the conditions and terms fixed by decree.
Article 138
The tariff systems of water services are based on the principles of
financial balance, social solidarity, water economy incitement and protection of
the water resources quality.
Article 139
The public services tariffs are fixed and charged by the exploiting
organism. They include all or part of the investment financial charges, the
infrastructures exploitation, maintenance and renewal connected to the public
service management.
The water tariffs must take into account the necessities of optimization costs,
productivity progress, performance indicators of improvement and service quality.
Article 140
In the case where the application of incident obligations lead to
tariffs that do not correspond to the real cost justified by the dealer or the
proxy, he would be attributed a compensatory financial endowment equivalent to
additional charges subjected as such.
Article 141
The water services dealers and proxies are obliged to present to the
conceding authority, for each accountant exercise, the elements of analytical
accountancy permitting to analyze the charges, products and cost prices and to
ensure the tariffs transparency.
Article 142
The water services tariffs may be subjected to revision if the
general economical conditions evolution requires it.
Article 143
The public service tariff of drinkable water supply is founded on the
principle of tariffs progressivity in accordance with the users categories and
the water supply brackets in order, on the one hand, to ensure to domestic users
the supply, at a social tariff, of a water volume sufficient for the
satisfaction of vital needs and, on the other hand, to regulate the demand
corresponding to the different categories of users high consumption.
The application of this principle is translated by the establishment, for each
tariff zone, of progressive price lists determined by the application of
coefficients to the basic tariff calculated according to parameters changes
defined in the Article 139 of the present law.
Article 144
The wholesale supply of crude or processed water by the public
service dealer or proxy to districts or activities zones that ensure, under
their responsibility, the management of their distribution system, is subjected
to special tariffs.
The supplied water volumes are measured by a counting device installed at the
delivery point.
Article 145
The users invoice of the public services supply in drinkable water
supplying is established on the basis of price lists by a territorial tariff
zone. It comprises two terms:
-a variable part, of a total amount proportional to the consumed volume during a
given and measured period on the particular meter or, exceptionally, uniformly
determined,
-a fixed part called subscription fixed tax, of a total amount covering all or
part of the particular connection maintenance expenses, the water meter hiring
and maintenance and the users commercial management.
Article 146
In the case of housing collective buildings, the invoice is
established individually in the name of each occupier, co-landlord or tenant, on
the basis of a really consumed and measured volume by a particular meter, taking
into account the water consumption relating to common parts determined according
to the indications of the general meter and the particular meters.
Article 147
The dealer, the proxy and the district-owned company are obliged to
install meters at the request of the building landlord or the co-property
administrator, formulated in accordance with the regulatory and particular
conditions governing co-property.
Article 148
On a transitional basis, in the case of housing collective buildings
with particular meters, the invoice is established on the basis of an adapted
price list or special tariffs taking into account the number of apartments and
professional offices served from a general meter as well as the conditions of
water supply and the characteristics of the distribution network downstream the
general meter.
Article 149
The tariff of the cleaning up public service is founded on the
principle of tariffs progressivity according to the categories of users and the
water consumption brackets corresponding to the drinkable water public service
in order to take into account the importance, the nature and the polluting
charge of effluents dumped into the collection network of water wastes.
Article 150
For each tariff zone, the progressive price list is determined by the
application of coefficients to the basic tariff calculated according to
parameters charges defined in the Article 139 of the present law.
Article 151
The invoice of users of the cleaning up public service supply is
established on the basis of price lists by a territorial tariff zone. It
comprises two parts :
-a variable part, of a total amount proportional to the water volume invoiced by
way of the drinkable water supply public service,
-a fixed part called subscription fixed tax, of a total amount covering all or
part of the particular connection maintenance expenses and the users commercial
management.
Article 152
In the case of housing collective buildings, the invoice is
established according to the terms defined in the Article 146 of the present law.
Article 153
In the case of the cleaning up public service users that have an
autonomous water supplying in relation to the drinkable water supplying public
service, the invoice of the variable part is based on the volume of used and
measured water by a counting device, chargeable to the users, or estimated by
the dealer, the proxy or the district-owned company.
Article 154
The invoice and recovery of the cleaning up public service supply may
be ensured by the dealer or the proxy of the drinkable water supplying public
service according to the terms fixed by conventional means.
Article 155
The tariff of irrigation water in the perimeters equipped by the
State or on its behalf and managed through a concession is founded on the
principles of water optimal valorization and the request regulation according to
cultures systems and irrigation modes.
Article 156
The tariff systems of irrigation water take notably into account the
cultures and rotation of crops types.
Article 157
For each irrigation perimeter, the price list is determined according
to charges perimeters defined in the Article 139 of the present law.
Article 158
The users invoice of the irrigation water supply in the irrigation
perimeters comprises two parts :
-a variable part, of a total amount proportional to the water volume consumed
during a given and measured period directly by a counting device or estimated
indirectly on the basis of the flow or the user watering module,
-a fixed part called fixed tax, of which the total amount is determined
according to the irrigable area and the maximal flow subscribed to the user by
way of the irrigation campaign.
Article 159
It is instituted a waters police constituted of agents coming under
the administration in charge of water resources.
To fulfill their functions, the waters police agents take an oath before the
tribunal of their administrative residence.
The specific status of the waters police, his agents level of formation, their
indemnities that these latter must receive and the obligation of carrying
distinctive badges are fixed by regulatory means.
Article 160
The waters police agents fulfill their prerogatives in accordance
with their status and the provisions of the ordinance # 66-155 on 8 June 1966
concerning the code of penal procedure, modified and completed, notably its
articles 14 (paragraph 3) and 27 and the provisions below.
Article 161
Offences to the present law are subjected to enquiry, noticing and
investigation by the judicial police officers and agents as well as the waters
police agents instituted by the above-mentioned Article 159.
Article 162
Offences are recorded by a report stating the facts and the
declarations of their party or parties in fault.
Article 163
In view of enquiring and recording offences, the waters police agents
have access to works and installations exploited by way of the hydraulic public
property uses. They may require from these works and installations owner and
operator their functioning in order to proceed to useful verification and may
demand the communication of all documents necessary to the completion of their
mission.
Article 164
The waters police agents are entitled to take, before the public
prosecutor or the concerned judicial police officer, any person caught red-handed
undermining the hydraulic public property, unless the offender resistance
constitutes for them a serious menace. In this case the offender act of
rebellion is mentioned in the report of the offence recording.
Article 165
In fulfilling their duties, the waters police agents may require the
public force to give them assistance.
Article 166
Whoever commits an offence to the provisions of the present law
Article 5 is fined from a five thousand dinars (5000 AD) to a ten thousand
dinars (10 000 AD).
In case of subsequent offence, the penalty is doubled.
Article 167
Whoever commits an offence to the provisions of the present law
Article 12 is fined from a fifty thousand dinars (50 000 AD) to a one hundred
thousand dinars (100 000 AD).
In case of subsequent offence, the penalty is doubled.
Article 168
Whoever commits an offence to the provisions of the present law
Article 14 is punished by a one (1) to five (5) years imprisonment and fined
from two hundred thousand dinars (200 000 AD) to two millions dinars (2 000 .000
AD).
The equipments, materials and vehicles having served to commit the offence may
be confiscated.
In case of subsequent offence, the penalty is doubled.
Article 169
Whoever commits an offence to the provisions of the present law
Article 15 is punished by a two (2) to six (6) months imprisonment and fined
from fifty thousand dinars (50 000 AD) to one hundred thousand dinars (100 000
AD) or by only one of these two penalties.
In case of subsequent offence, the penalty is doubled.
Article 170
Whoever commits an offence to the provisions of the present law
Article 32 is punished by six (6) to three (3) years imprisonment and fined from
fifty thousand dinars (50 000 AD) to one million dinars (1 000.000 AD).
The equipments and materials having served to commit the offence may be
confiscated.
In case of subsequent offence, the penalty is doubled.
Article 171
Whoever commits an offence to the provisions of the present law
Article 44 is fined by a ten thousand dinars (10 000 AD) to one hundred thousand
dinars (100 000 AD).
In case of subsequent offence, the penalty is doubled.
Article 172
Whoever commits an offence to the provisions of the present law
Article 46 is punished by one (1) year to five (5) years imprisonment and is
fined from fifty thousand dinars (50 000 AD) to one million dinars (1 000.000
AD).
Incase of subsequent offence, the penalty is doubled.
Article 173
Whoever commits an offence to the provisions of the present law
Article 47 is fined by a one hundred thousand dinars (100 000 AD) to one million
dinars (1 000.000 AD).
In case of subsequent offence, the penalty is doubled.
Article 174
Whoever commits an offence to the provisions of the present law
Article 75 is punished by six (6) months to two (2) years imprisonment and is
fined from a one hundred thousand dinars (100 000 AD) to five hundred thousand
dinars (500 000 AD).
The equipments and materials having served to commit the offence may be
confiscated.
In case of subsequent offence, the penalty is doubled.
Article 175
Whoever commits an offence to the provisions of the present law
Article 77 is punished by a one (1) year to five (5) years imprisonment and is
fined from a one hundred thousand dinars (100 000 AD) to five hundred thousand
dinars (500 000 AD).
The equipments and materials having served to commit the offence may be
confiscated.
In case of subsequent offence, the offence is doubled.
Article 176
Whoever commits an offence to the dispositions of the present law
Article 112 is punished by a one (1) year to two (2) years imprisonment and is
fined from a two hundred thousand dinars (200 000 AD) to one million dinars (1
000.000 AD).
In case of subsequent offence, the penalty is doubled.
Article 177
Whoever commits an offence to the provisions of the present law
Article 119 is punished by two (2) months to six (6) months imprisonment and is
fined from one hundred thousand dinars (100 000 AD) to five hundred thousand
dinars (500 000 AD) or only one of these two penalties.
In case of subsequent offence, the penalty is doubled.
Article 178
Whoever commits an offence to the provisions of the present law
Article 120 is punished by six (6) months to one (1) year imprisonment and is
fined from one hundred thousand dinars (100 000 AD) to five hundred thousand
dinars (500 000 AD).
In case of subsequent offence, the penalty is doubled.
Article 179
Whoever commits an offence to the dispositions of the present law
Article 130 is punished by one (1) year to five (5) years imprisonment and is
fined from a five hundred thousand dinars (500 000 AD) to one million dinars (1
000.000 AD).
In case of subsequent offence, the penalty is doubled.
Article 180
Are abrogated all dispositions contrary to the present law, notably
the law # 83-17 of 10 July 1983, modified and completed, concerning the waters
code.
Article 181
The implemented texts of the law # 83-17 of 16 July 1983, modified
and completed, concerning the waters code, remain in force until the
promulgation of the regulatory texts foreseen by the present law.
Article 182
Authorizations, concessions and any other documents issued in
accordance with the law # 83-17 of 16 July 1983, modified and completed,
concerning the waters code, are updated in accordance with the provisions of the
present law within a deadline not exceeding twenty four (24) months.
Works and installations for water resources use realized and exploited without
an administrative act at the date of publication of the present law in the
Official Journal of the Popular and Democratic Republic of Algeria are subjected
to, within a deadline of one year, and under penalty of implementing the
provisions of the above-mentioned articles 174 and 175 and the suppression of
access to the hydraulic source, a declaration in view of their regularization
under the conditions fixed by the present law.
Article 183
The present law will be published in the Official Journal of the Popular and
Democratic Republic of Algeria.
Algiers, 4 August 2005.
Abdelaziz BOUTEFLIKA
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