**Introduction**
Water is considered one of the most important strategic resources in Iraq, which relies on the Tigris and Euphrates rivers to meet its water needs. With increasing pressures resulting from water projects in neighboring countries and the impacts of climate change, an urgent need has emerged to develop comprehensive legislation to protect water resources and preserve them for future generations.
**Constitutional and Legislative Framework**
The Iraqi Constitution of 2005 stipulates in Article (110) that the management of water resources falls within the powers of the federal government, thereby establishing a centralized approach to decision-making in water policy. Article (114) further emphasizes the necessity of formulating policies related to water resources planning.
**Key Legislation for Water Protection**
**1. Water Resources Management Law (No. 50 of 2008)**
This law constitutes the cornerstone of water management regulation in Iraq. It provides for:
* Granting priority to the use of water for drinking and domestic purposes
* Regulating licenses for water use for agricultural and industrial purposes
* Protecting rivers and watercourses from pollution
* Establishing a national database for water resources
**2. Environmental Protection and Improvement Law (No. 27 of 2009)**
This law includes specific chapters on protecting water from pollution, sets water quality standards, and obliges industrial and agricultural facilities to treat wastewater before discharge.
**3. Public Health Law (No. 89 of 1981, as amended)**
This law establishes standards for drinking water quality and defines the responsibilities of the Ministry of Health and other relevant authorities in monitoring water quality.
**4. Legislation of the Kurdistan Region**
The Kurdistan Regional Government enacted the Water Resources Management Law No. (2) of 2011, which contains specific provisions for the protection of water resources within the Region.
**Challenges Facing Water Legislation**
**1. Legislative Challenges**
* Multiplicity and overlap of laws and the authorities responsible for their implementation
* Legislative gaps in areas such as groundwater regulation and water allocation quotas
* Weak deterrent penalties for violations of water laws
**2. Implementation Challenges**
* Limited technical and financial capacities of supervisory authorities
* Widespread industrial and agricultural pollution without adequate treatment
* The impact of water projects in neighboring countries on Iraq’s water share
**3. Political and Security Challenges**
* The effect of security conditions on the enforcement of laws
* Challenges of coordination with neighboring countries regarding water sharing
**Prospects for Developing Water Legislation**
**1. Updating Existing Legislation**
* Consolidating fragmented laws into a unified and comprehensive water law
* Strengthening penalties against polluters and violators of water legislation
* Incorporating concepts of integrated water resources management
**2. Strengthening Institutional Aspects**
* Enhancing the role of the Ministry of Water Resources as a coordinating authority
* Establishing specialized courts for water-related cases
* Developing water monitoring and surveillance systems
**3. Regional and International Cooperation**
* Negotiating international agreements to safeguard Iraq’s water rights
* Benefiting from international experiences in water legislation
**Modern Trends in Water Policy**
Iraq has recently begun adopting new policies, including:
* The National Water Strategy 2035
* A shift toward rationalizing consumption and adopting modern irrigation technologies
* Projects for the reuse of treated wastewater
**Conclusion**
Iraqi legislation provides a legal framework for the protection of water resources; however, it requires further development to correspond with current and future challenges. Success in this field necessitates genuine political will, effective regional cooperation, and societal awareness of the importance of water conservation as a fundamental right for present and future generations. The development and effective implementation of water legislation will contribute to achieving water security in Iraq, which constitutes a fundamental pillar of stability and development in the country.