WATER

CONSERVATION
LAWS
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INTRODUCTION

• Water stress is a serious issue in many parts of the world.

• Water conservation is the practice of using water efficiently to reduce
unnecessary water usage.
• water conservation is important because fresh clean water is a limited resource,
as well as a costly one.
• Water conservation refers to the preservation, control and development
of water resources, both surface and groundwater, and prevention of pollution.

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INTRODUCTION

• Water conservation means using our limited water supply wisely and caring for
it properly, since each of us depends on water to sustain life.
• In other words, water conservation is not a job that is reserved for scientists,
hydrologists, foresters, wildlife managers, city planners, farmers, or mine
owners. Instead, it is up to each and every one of us to conserve water.
• Water conservation includes all the policies, strategies and activities to 
sustainably manage the natural resource of fresh water, to protect the 
hydrosphere, and to meet the current and future human demand. 

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LEGAL CASES

• Prakash Mani Sharma v Drinking Water Management Committee and Others;

writ no 2237; decision date: 2058-03-26; NKP 2058, part 43, no 9/10, pgs
3599; decision no. 7042 (related to clean and regular drinking water).
• Bhoj Raj Aer v Ministry of Water Resources, writ no 3305; decision date 2058-
4-1; NKP 2958, part 8, pgs 80 (related to fixing water resources tolerance
level).
• Prakash Mani Sharma v Secretariat of council of Ministers and Others, writ no
3447; decision 2066-9-1; NKP 2066, part 51, no 12, pgs 1953. (related to
stopping underground water and to live in secured environment).
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 WATER
RESOURCES ACT
2049 (1992)
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PREAMBLE

This Act was enacted to make arrangements for the rational utilization,
conservation, management and development of the water resources that are
available in the Nepal in the form of surface water, underground water or in
whatsoever form, and to make timely legal arrangements for determining
beneficial uses of water resources, preventing environmental and other hazardous
effects thereof and also for keeping water resources free from pollution.

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SECTION 2 - DEFINITION

• “Water Resources” means the water that is available in Nepal in the form of
surface water, underground water or in whatsoever form.
• “Beneficial Uses” means rational uses of the water resources within the
available means and resources.

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OWNERSHIP

The ownership of the water resources available in Nepal shall be

vested in Nepal.
Section 3

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UTILIZATION OF WATER RESOURCES
• Section 4 prescribes that no person shall be entitled to utilize the water resources
without obtaining a license under this Act.
• No license shall be required for the following uses of water resources.
– For one’s own drinking and other domestic use on an individual or collective basis,
– For the irrigation of one’s own land on an individual or collective basis,
– For the purpose of running water-mill or water-grinder as cottage industry,
– For the use of boat on personal basis for local transportation,
– For the use, as prescribed, of the water resources confined to a land by the owner of
such land.
• A person or a corporate body making use of water resources shall make its beneficial
use without causing damage to other.
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UTILIZATION OF WATER RESOURCES
• Section 7 prescribes while utilizing water resources following priority order:
– (a)  Drinking water and domestic users;
– (b)  Irrigation;
– (c)  Agricultural uses such as animal husbandry and fisheries;
– (d)  hydroelectricity;
– (e)  Cottage Industry, industrial enterprises and mining uses,
– (f)  Navigation;
– (g)  Recreational uses;
– (h)  Other uses. If a dispute arises, the prescribed committee shall, on the basis of priority order
set.
• The decision made by the prescribed committee shall be valid to all concerned.
• The procedure of the committee, shall be as prescribed.
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WATER USERS ASSOCIATION
• Section 5 precribes of constitution of water users association.
– Persons willing to make use of water resources for collective benefits on an institutional
basis may form a Water Users Association as prescribed and must register it.
• Section 6 prescribes water users association as a corporate body.
– Users Association shall be an autonomous and corporate body having perpetual
succession.
– Users Association shall have a separate seal of its own for the purpose of its all business.
– Users Association may, as a person, have the right to acquire, enjoy, sell, dispose or
arrange by any means of movable and immovable property.
– Users Association may sue as a person or be sued against it.

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OBTAINING LICENCE

• A person or a corporate body, who desires to conduct survey or to utilize water

resources, shall be required to submit an application to the prescribed officer or
authority along with the economic, technical and environmental study report
and with other prescribed particular. (section 8)

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POWER OF GOVERNMENT
• Section 9 prescribed utilization for the generation of hydro-electricity shall be
governed by the prevailing laws.
• Section 10 prescribes of utilization of water resources by not causing
substantial adverse effect to the existing use by the population and not
jeopardizing the existing population benefitting from it.
• Government of Nepal shall pay compensation as prescribed based on the
current price, to the concerned person for the land, building, equipment or
structures relating to the utilization of the water resources.
• Section 11 prescribes GoN may enter into contract with national or foreign
companies in utilization of water resources.
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POWER OF GOVERNMENT
• GoN or licensee may enter into private property giving prior notice for survey
or utilization of water resources. If any damage or loss occurs then GoN or
licensee will compensate the owner (section 15).
• Licensee may issue application to GoN if it requires private person’s house or
land to be acquired to perform activities in utilization of water resources, e.g.
construction of dams, ditch, tunnel, underground water tank etc. After enquiry
GoN makes available to company and in case of damage GoN and licensee will
pay compensation (section 16).
• GoN make necessary security to structures related to utilization of water
resources (section 17).
• Cancellation of license is mentioned in section 21.
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PROTECTION OF ENVIRONMENT

• Section 19 specifically mentions of not polluting water resources by

using or putting any litter, industrial wastes, poison, chemical or toxicant
to the effect that the pollution tolerance limit of the water resource.
• Subsequently, section 20 prescribes while in utilizing water resources
that no substantial adverse effect be made on environment by way of soil
erosion, flood, landslide or similar other cause.

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PENALTIES

• Section 22 prescribes penalties :- Impose a fine of 5000/- rupees to any person

who acts in contravention of this Act or Rules and compensation for such damage.
• Impose a fine up to 5000/- rupees and cause to close such activity if any person
utilize the water resources without obtaining the license.
• If a person steals, misuses or uses un authoritatively the services, may be punished
with a fine at par with the value of the services.
• If any person causes adverse effect, demolishes, destroys or causes harm otherwise
with mala fide intention to any source of drinking water, dam, canal or any
structure related to the utilization of water resources, may be punished with a fine
at par with the value of the damages or prison term of 10 years or both.
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APPEAL

• If not satisfied with the decisions then a person can make an appeal
within 35 days of the decision to high court.

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 SOIL AND
WATERSHED
CONSERVATION
ACT 2039 (1982) UNIT IV
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PREAMBLE

This Act was enacted for conservation of land and watershed

by controlling natural calamities such as flood, landslide and
soil erosion and maintain convenience and economic interests
of the general public.

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SECTION 2 - DEFINITION
• "Conserved Watershed Area" means a protected watershed area declared
under Section 3.
• "Soil and Watershed Conservation" means acts to prevent or save any area
from being destroyed from natural calamities such as flood, landslide and soil-
erosion and keep the volume and flow of water in a normal condition or keep
on maintaining cleanliness by preventing the flow of water from being muddy.
• "Land use System" means a process of having a long-term use of a land by
doing farming or other acts in such a manner as not to weaken or destroy or as
to keep on the physical and chemical qualities maintaining the fertility of such
land.

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SECTION 3 – POWER TO DECLARE
CONSERVATION AREA

• GoN if necessary for the soil and watershed conservation, may declare
any area of Nepal as a conserved watershed area, specifying the borders
thereof, by a Notification in the Nepal Gazette.

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ACTIVITIES TO BE CARRIED OUT

• The watershed conservation officer may carry out prescribed activities (section 4).
– To construct, maintain a prevention or control dam, check dam, embankment, terrace improvement,
– To arrange for trial plots and look after and maintain
– To carry out plantation, plant grasses, weeds or other vegetations,
– To conserve, maintain and support the forests, weeds, grasses and other natural vegetations in the
lands where landslide may occurs and in the sloppy lands,
– To do crops and fruits farming,
– To maintain the soil fertility, cleanliness of water and environment in a balanced manner, etc.
• The watershed conservation officer may classify lands as prescribed, within any conserved
watershed area (section 5).

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ACTIVITIES TO BE CARRIED OUT
• The watershed conservation officer may classify lands as prescribed, within any
conserved watershed area (section 5).
• Department shall provide necessary technical knowledge and service as well as
financial assistance as prescribed to carry out acts prescribed in section 4 (section 7).
• If the Watershed Conservation Officer carries out the acts as referred to in Section 4 in
private land, in accordance to the prevailing rate, provide compensation to the
concerned landowner for having carried out acts in such land (section 8).
• Watershed Conservation Officer may make demonstration plots by planting and
growing any crops, fruits, trees, plants, grasses or similar other vegetations and no
person shall destroy it (section 9).

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PROHIBITED ACTIVITIES
• No person shall, without permission of the Watershed Conservation Officer, carry out any of the
following acts in such land, as a land that is vulnerable or likely to be vulnerable to floods or
landslide or soil-erosion (section 10):
– To block, divert or collect water of any stream, canal, rill, lake or reservoir or ground water or divert the
blocked water or use such water in any work.
– To cut or otherwise destroy any existing forests, trees, plants, weeds, grasses or other natural vegetations,
– To dig, excavate or take away stone, sand or other kind of soil,
– To throw away solid wastes or similar other detritus contaminating the environment or build a site for collecting
or keeping such solid wastes or detritus.
– To establish an industry, business or settlement of habitation,
– To graze domestic animals and birds and etc.
• No person shall destroy, damage, deform or alter any act carried out in a conserved watershed
area pursuant to Section 4 (section 17).

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POWER OF GOVERNMENT
• If GoN considers it necessary, to shift elsewhere any industry, business and settlement of habitation
existing in a land within a conserved watershed area or to acquire the land where such industry,
business and settlement of habitation is situated, GoN may shift or acquire the land where such
industry, business and settlement of habitation pursuant to the prevailing law related with land
acquisition.
• GoN shall provide reasonable compensation (Section 11).
• The Watershed Conservation Officer or any employee designated by him/her may at any time enter
the land within a conserved watershed area in order to carry out any acts mentioned in Section 4 or
inspect or look after and maintain such acts and no person shall obstruct hindrance (section 12).
• The Watershed Conservation Officer may prohibit the commission of any acts that may cause soil-
erosion (section 13).
• If GoN intends to acquire any private land for the soil and watershed conservation, it may acquire
such land pursuant to the prevailing land relating to land acquisition (section 14).
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POWER OF GOVERNMENT
• The Watershed Conservation Officer shall, in classifying the land within the
conserved watershed area shall, consult the District Soil and Watershed
Conservation Committee (section 18).
• Section 19 prescribes the appointment of Watershed Conservation Officer.
• If any person commits any act in contravention of this Act the Watershed
Conservation Officer may take possession of the tools, four-footed animals, motor
vehicles and other goods used in the course of commission of such act (section
20).
– Provided that in the case of a four-footed animal, such animal may be handed over to its owner
by collecting a deposit from the owner; and if the owner does not intend to pay such deposit,
the Watershed Conservation Officer may auction such animal (section 20).
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SECTION 21 - PUNISHMENT
• A person who commits any act in violation of sub-section (2) of section 6 or sub-
section (2) of section 12 shall be punished with imprisonment for a term not
exceeding two months or with a fine not exceeding 500/- rupees or both.
• A person who commits any act in violation of section 10 shall be punished with
imprisonment for a term not exceeding 3 months or with a fine not exceeding 500/-
rupees or both.
• A person who commits any act in violation of section 17 shall be punished with
imprisonment for a term not exceeding 1 year or with a fine not exceeding 1,000/-
rupees or both, and the amount in controversy for loss and damage shall also be
recovered from such person.

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SECTION 21 - PUNISHMENT

• A person who commits any act in violation of the other sections of this Act or
the Rules shall be punished with imprisonment for a term not exceeding 3
months or with a fine not exceeding 5,000/- rupees or both.
• Any tools, four-footed animals, motor vehicles and other goods related with
any offense punishable under this Act shall be confiscated.

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MISCELLANEOUS

• Government of Nepal shall be the plaintiff in a case to be registered

under this Act (section 22).
• The Watershed Conservation Officer shall investigate a case related
with any offense punishable under this Act and may consult the
government attorney (section 23).

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 OTHER LAWS
RELATED TO WATER
CONSERVATION
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OTHER LEGISLATIONS

• Water Resources Regulations 2050

• Electricity Act 2049
• Essential Commodity Protection Act 2055
• Nepal Environment and Action Plan 1993 AD
• Forest Act 2076
• Environment Protection Act 2076 and Environment Protection Rules
2077

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WATER RESOURCE REGULATION 2050

• The umbrella Regulation governing water resource management.

• Sets out the procedure to register a Water Users Association and to
obtain a license.
• Sets out the rights and obligations of Water Users Association and
license holders.
• Establishes the District Water Resource Committee.

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ELECTRICITY ACT 2049

• Governs the use of water for hydropower production.

• Establishes a system of licensing.

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ESSENTIAL COMMODITY PROTECTION
ACT
• Deems drinking water an essential commodity and strictly
protects drinking water.
• Prohibits any unauthorized use or misuse, stealing, damaging
etc. of drinking water.

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NEPAL ENVIRONMENT AND ACTION
PLAN 1993 AD
• It was prepared in response to growing awareness in 1992 about the importance of maintain a
balance between economic development and environmental conservation.
• The NEPAP includes sustainable management of natural resources to ensure the proper
management of Nepal’s land, forest and water resources.
• NEPAP has five policy objectives:
– Sustainable management of natural resources
– Population, health and poverty
– Safeguarding national heritage
– Mitigating adverse environmental impacts
– Legislation, institutions, education and public resources
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NEPAL ENVIRONMENT AND ACTION
PLAN 1993 AD
• Water resource management:
– Encourage to adopt low -cost vegetative and cultural measures,
that recognize the needs of farmers that have a better chance of
success in preventing erosion and conserve soil than the high-cost
civil works programmes where farmers have little involvement.
– Protection of Nepal’s watershed is essential to prevent further
degradation from human- induced actions.

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ENVIRONMENT PROTECTION ACT 2076
• Defines "Pollution" as the activities that significantly degrade, damage the
environment or harm on the beneficial or useful purpose of the environment, by
changing the environment, directly or indirectly.
• To carry out Initial Environmental Examination or Environmental Impact
Assessment
• Designate Environmental Inspectors to inspect as to whether or not the acts of
mitigation, avoidance or control of pollution have been carried out in accordance
with this Act or the Rules framed under this Act.
• Provisions related to protection of ….. environment protection area.
• Application of polluter pays principle.
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ENVIRONMENT PROTECTION RULE
2077
• Lists the water related projects required to conduct an EIA or IEE.
(annex 2 and annex 3)
• Deals with the control of water pollution and pollution control
certificate

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FOREST ACT 2076
• Trees cannot be felled in such a way that it may cause significant adverse effect in
the environment or damage or loss or soil erosion in the watershed area.
• GoN may impose restriction on collection, cutting, consumption, transportation sale,
distribution or foreign export of the prescribed forest products for the protection of
bio-diversity and environment upon publishing a notice in the Nepal Gazette.
• Section 13: Management of wetlands:
– (1) The Government of Nepal shall protect, conserve, promote and manage
wetlands in the national forest.
– (2) Ecological tourism development works may be carried out as prescribed in
the wetlands referred to in sub-section (1).

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FOREST ACT 2076
• Section 15 :- Forest protection area:
– (1) The Ministry may, in consultation with the Provincial Ministry and by a notification
in the Nepal Gazette, demarcate any part of the following national forest and the
concerned land-Paridhiya Area, make a special work plan and declare it as the forest
protection area:
• (a)  ………
• (b)  Which seems to be sensitive from the watershed management perspective,
• (c)  …..
• (c) …….
• Explanation: For the purpose of this Section, “land-Paridhiya area” means the forest and the
community, area and natural resources interrelated with the forest.
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SOLID WASTE MANAGEMENT ACT 2068

• Establishes the Solid Waste Management and Resource

Mobilization Center as the responsible authority for the
management of solid waste.
• Deals with the pollution of water by solid waste.

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WATER RESOURCES STRATEGY 2058
• Goal : Living conditions of Nepali people are significantly improved in
a sustainable manner. 
• Drinking water is  the basic minimum need of all human beings.
• Intact and Enforce Standards and Regulatory Mechanisms  for Water
Quality and Effluent Discharge.
• Appropriate sanitation services in rural and urban areas will be
provided through community awareness programmes.
• Ensure  compliance with environmental regulations.
• Implement and enforce equitable mechanisms for cost-sharing.
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WATER RESOURCES STRATEGY 2058

• Increase the access of the population to drinking water through

rainwater harvesting programmes,
• community-based water supply and sanitation sector projects,
• rural water supply projects/water resource management
programmes,
• a small town water supply and sanitation programme,
• a water quality improvement programme etc.

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NATIONAL WETLAND POLICY 2003

• Defines Wetlands as perennial water bodies that originate from

underground sources of water or rains.
• It means swampy areas with flowing or stagnant fresh or salt water
that are natural or man-made, or permanent or temporary.
• Wetlands also mean marshy lands, riverine floodplains, lakes,
ponds, water storage areas and agricultural lands.

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NATIONAL WETLAND POLICY 2003
• Goals are :-
– 1)  to conserve and manage wetlands resources wisely and in a sustainable way
with local people’s participation and
– 2) to put the conservation and management aspects of wetlands conservation
within the framework of broader environmental management.
• Regulate the extraction of underground water and prevent water pollution.
• Make provisions for environmental impact assessment according to prevalent
laws prior to approving development programs and activities around wetlands.
• Ensure environmental protection by regularly monitoring development
programs and activities around wetlands
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RURAL WATER SUPPLY AND SANITATION
NATIONAL POLICY 2004 AD
• Recognizes that all people have a right to access to basic water
supply and sanitation services and that these services are
necessary for socio economic development and to combat
waterborne diseases.

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NATIONAL WATER PLAN 2004 AD
• The National Water Plan (NWP) has been prepared to operationalize the Water
Resources Strategy (WRS) of Nepal , approved by the Government in January 2002.
• The major doctrines of the NWP are integration, coordination, decentralization, popular
participation and implementation of water-related programmes within the framework
of good governance, equitable distribution and sustainable development.
• The NWP includes subsector-wise action programmes in water induced disasters,
environmental action plan on management of watershed and aquatic ecosystem, water
supply, sanitation and hygiene, irrigation for agriculture, hydropower development,
industries, tourism, fisheries, and navigational uses, water-related information systems
(Decision Support System for River Basin Planning and Management), legal
frameworks, and institutional mechanisms.

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NATIONAL WATER PLAN 2004 AD

• Environment Management Plan, a strategic document for the

implementation of environmental protection measures (including
downstream water pollution and groundwater quality,
erosion/landslide and sedimentation, water pollution and sanitation,
effect on aquatic life and wetland ecosystem), monitoring (baseline,
impacts, and compliance), environmental auditing  and institutional
and procedural arrangements.

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FIVE YEAR PLAN

• Nepal’s Tenth Five-Year Plan (2002-2007) has prioritized integrated

watershed management approach for conservation of water and soil.
• The plan has identified importance of coordination among agriculture
and water resources for social and economic growth while balancing
the environment.
• This has been continued through 14th plan linking to sustainable
development.

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