Ministerial Decree No. 14717 of 1987 issuing the executive Regulations of the Law of Irrigation and Drainage

The Ministry of Irrigation Resolution 14717 for the Year 1987 Issuance of the Executive Regulations of the Irrigation and Drainage Law Issued in Law 12 for the Year 1984 ................................................................................................ ...... The Minister of Irrigation After viewing law 43 for the year 1979 concerning issuance of the local government code, Law 143 for the year 1981 regarding desert lands, Law 48 for the year 1982 regarding Protection of Nile River and Watercourses from Pollution, Law 12 for the year 1984 pertaining to issuance of Irrigation and Drainage Law, Republican Decree 653 for the year 1980 concerning the reorganization of the Ministry of Irrigation, Republican Decree 261 for the year 1981 concerning establishment of the Egyptian Public Authority for Shore Protection, Resolution 918 of the prime minister for the year 1982 with respect to the Nile River stream as a utility of special nature, Decree 8 of the Minister of Irrigation for the year 1983 concerning issuance of the executive regulations of law 48 for the year 1982 referred to, And based on what the State Council has considered, Has decided: Article One The enclosed provisions of the Executive Regulations of the Irrigation and Drainage Law referred to shall be in effect. Article Two This decree shall be published in the Egyptian Gazette, and shall be effective from the date of publication. The Minister of Irrigation Engineer/Essam Rady Section 1 : Public Properties Related to Irrigation and Drainage Public Property Article 1 http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-%20section%201.htm "Approval of the Ministry of Irrigation"," Decree of the Ministry of Irrigation" and "License from the Ministry of Irrigation ", wherever stated in the law of irrigation and drainage, refer to any approval, resolution or license issued by the Irrigation General Director unless otherwise stated. Article 2 Public properties related to irrigation and drainage are the following: A) The Nile river stream and its watersides start from the international borders with Sudan till the debouchments of the branches of Demietta and Rashed in the Mediterranean Sea. All lands located between the watersides shall be included in the Nile stream, every land or facility that is a private property owned by the state or any other party shall be excluded. B) Rayahat, public canals, drains and their watersides unless they are not private properties owned by the state or any other party. C) Private facilities related to balancing of irrigation and drainage water or protection of lands or villages from overflowing or erosion, as well as other industrial facilities related to irrigation and drainage which are owned by the state and located inside public properties. D) State-owned lands that are expropriated on the ground of eminent domain for irrigation and drainage purposes and specified for such purposes. Article 3 The Irrigation Public Departments shall not be allowed to give any license for establishing any facilities or works over the surfaces of the Nile River, islands or coasts unless after obtaining the approval of the head of the Irrigation Department in every case. Article 4 It shall be allowed by a decree from the Minister of Irrigation to assign the supervision over any part of the public properties related to irrigation and drainage to one of the ministries, public authorities, provincial departments or public authorities. These authorities shall not be allowed to establish any facilities or plant any trees in these properties or give license for any of these except after the competent Irrigation General Director approves the designs. Such authorities shall be committed to follow the technical specifications that he sets in each case. The authority responsible for supervision should issue the necessary licenses for the use of these properties after the approval of the competent Irrigation Director. That authority should send copies from these licenses to the Irrigation Director and levy the value of utilization that is due on part of the person licensed to the use of these properties throughout the duration of the license. The licensee shall be committed to pay an insurance amounting to 20% of the value of the licensed facilities and works that shall be deposited at the Irrigation Public Department. The receipt confirming payment of the insurance shall be regarded as one of the documents necessary for issuance of the license. The expenses of repair and maintenance of the damage that occurs to the public utilities due to the effects of the licensed work together with any due money at the time of violation of the conditions of the license shall be deducted from the insurance. The licensee shall pay what is deducted from the insurance within seven days from the date of notification. Article 5 State-owned lands located inside the Nile watersides, public canals or drains shall not be cultivated or used for any purpose except via a license from the competent Irrigation General Director. The license should include all the technical conditions and specifications that should be maintained particularly the following: 1- Purpose of utilization for which the license is issued. 2- Duration of license with an illustration whether it is one-time or renewable provided that the maximal duration should be three years. 3- Value of utilization charge through the duration of the effectiveness of the license. 4- Technical conditions that should be followed for securing the safety of irrigation and drainage watercourses and protecting them from pollution. 5- Conditions stated for serving the public utilities licensed for utilization. A ten-pound examination charge shall be levied upon applying for the license. Article 6 The competent Irrigation General Director shall have the right to license disposal of trees and balm trees planted in public properties related to irrigation and drainage. The license form should be submitted to the competent Irrigation Engineer with the following documents enclosed: 1- A survey map with a scale 1/2500 demonstrating the borders of the land owned by the person requesting the license and signed by a syndicate engineer. 2- A title deed of the land located in front of the trees for which the license is requested. 3- Evidence that at least ten years have passed on planting these trees. 4- A commitment that he shall abide by the conditions set by the Irrigation Public Department as well as providing a ten-pound insurance for every tree that is to be cut. 5- Payment of the due stamp charge. The license shall be issued in a month from the date of the fulfillment of the necessary documents. The competent Irrigation General Director should monitor implementation of the conditions of the license and issuance of a resolution for elimination of every violation of the license. Private Works inside Public Properties Related to Irrigation and Drainage Article 7 Carrying out or modifying private works inside public properties related to irrigation and drainage shall not be allowed unless after obtaining a license from the competent Irrigation General Director. The form of the license should be presented with the official stamp to the competent Irrigation Public Department with the following documents enclosed: 1- A map with a scale 1:2500 from three copies or a photograph taken for a map provided that one of them should be signed by a syndicate engineer illustrating the location of the proposed work. 2- Chances of utilization of the work for which the license is requested. 3- Depositing a permanent insurance amounting to 20% of the value of the work for which the license is requested on the condition that it should not be less than two hundred pounds. 4- Pledge of paying the stated charge for utilization. An examination charge amounting to ten pounds shall be levied upon applying for the license. The license shall be issued by the competent Irrigation General Director within a month from furnishing the required documents. Article 8 For licensing to establish a syphon or aqueduct on irrigation and drainage watercourses, the following shall be stipulated: 1- Submission of the license form bearing the stamp to the competent irrigation engineer. 2- Presenting a map with a scale of 1:2500 of three copies or a photograph taken for a map provided that one of them should be signed by a syndicate engineer illustrating the location of the proposed work. 3- Paying a ten-pound examination charge. 4- Depositing a permanent insurance amounting to 20% of the value of the work for which the license is required. 5- Providing title deeds of the land benefiting from the syphon or the aqueduct or a statement from the agricultural cooperative society certified from the agricultural directorate that would state the ownership of these lands and its area. The license shall be issued from the competent Irrigation General Director within a month from the date of submitting the required documents. Article 9 The license issued for establishing a syphon or aqueduct on the irrigation and drainage watercourses should include all the technical stipulations that should be abided by, particularly the following: 1. Purpose of utilization for which the license is issued. 2. Area of land utilizing the licensed work. 3.Continuation of utilization of the land with the licensed work if its location changes. 4.Determination of the duration of the effectiveness of the license where it should not exceed three years. 5. The right of the Ministry of Irrigation upon the request of the license renewal to make adjustments if the Ministry deems that the circumstances under which the license is issued have changed. 6.Determination of the period of implementation of the licensed work where the license shall be regarded ineffective if implementation of the licensed work is not done within this period. 7. Determination of the utilization charge of the licensed work according to what is stated in table (2). Article 10 For licensing to establish bridges over the irrigation and drainage watercourses the following shall be stipulated: 1. Submission of the license form bearing the official stamps to the competent Irrigation engineer. 2. Presenting a map with a scale 1/2500 of three copies or a photograph taken for a map provided that it should be signed by a syndicate engineer illustrating the location of the proposed work. 3. Payment of an examination charge amounting to ten pounds. 4. Submission of a layout and an estimate of the bridge licensed to be established. 5. Depositing a temporary insurance amounting to 20% of the value of the licensed work. The license shall be issued by the competent Irrigation General Director within a month from the date of furnishing the documents. The license should include the following: 1. Kilometric location of the licensed bridge. 2. Main geometric specifications of the bridge. 3. Technical conditions and specifications that should be maintained. Section 2 : Private Mesqas and Drains Private Mesqas and Drains Article 11 The holders of the land utilizing private mesqas and drains should assume the task of purification, maintenance and removal of whatever obstructs the water current, otherwise the Irrigation Public Department shall undertake that task at the holders' expenses according to the law. If the holders utilizing the mesqa or drain wish that the Ministry of Irrigation carry out the purification, the following should be observed: 1- Utilizers or some of them should present a form with the official stamp to the competent Irrigation Director indicating the name of the mesqa or drain, command area and village as well as their willingness to carry out the purification by the Ministry of Irrigation. 2- The Provincial Irrigation Inspector should seek the approval of the agricultural cooperative society to carry out the purification or give permission to the Irrigation Department to undertake that task with the society paying the costs in advance provided that the society levy the costs from the holders according to the ratio of the area of the land utilizing the mesqa or drain that each one of them holds, on the condition that the value of compensation for every land occupied due to the purification shall be among these costs. The provincial irrigation inspector shall submit a report within a week from the date of receipt by the agricultural cooperative society paying the costs to the competent Irrigation General Director to issue his resolution in this regard. Article 12 If the owner, holder or tenant of a land presents a complaint to the Irrigation Public Department because of his being unrightfully deprived or hindered from the utilization of a private mesqa or drain or access to any of the lands necessary for purification or restoration of the mesqa or drain, the following procedures are to be followed: 1-The complaint should be submitted bearing the official stamp to the Provincial Irrigation Inspector indicating the name of the private mesqa or drain, command area and village. 2- The complainant should mention the name of the chieftain or the mayor in whose area the dispute occurs, the name of the surveyor and names of neighbours who have the right of easement on the private watercourse. http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-%20section%202.htm 3- If it is proven through examination or investigation done by the Provincial Irrigation Inspector that the land of the complainant used to utilize the acclaimed right in the year preceding submission of the complaint, the Irrigation General Director shall issue a temporary resolution for enabling the complainant to practice their rights provided that the resolution should include the rules and techniques organizing the exercise of these rights. This resolution shall be issued in a period not exceeding fifteen days from the date of the receipt of the complaint by the Irrigation General Director. Implementation of the resolution shall be carried out at the expense of the complained party. Implementation shall last till the competent court resolves the stated rights. Article 13 Taking into consideration the provision of article 24 in irrigation and drainage law, procedures of the request of issuance of a resolution for establishing a private mesqa or drain in third party lands or the complaint regarding disagreement with the owners of the private mesqa or drain shall be as follows: 1- The application shall be presented by the owner of the land to the Provincial Irrigation Inspector illustrating the land that is to be irrigated or drained and the reasons for its deprivation or the difficulty of irrigation or drainage. 2- Three copies of a map with a scale 1:2500 should be enclosed with the application together with a photograph taken for a map provided that one of them should be signed by a syndicate engineer illustrating the location of the mesqa or drain that is to pass in a third party land and the land required to be irrigated or drained. 3- Title deeds of the land required to be irrigated or drained or a certified statement from the agricultural cooperative society determining the owner of this land and its area. 4- Submission of a declaration of acceptance of paying the costs needed for establishing the required work. 5- A statement of the names of the owners in whose lands the mesqa or drain shall pass as well as the residence of each one of them. 6- A declaration of the person presenting the form accepting to pay the compensation which shall be estimated for all the owners in whose lands the mesqa or drain shall pass. The Irrigation General Director shall issue a resolution concerning the form within two months from the date of presenting the requested maps and documents. Without prejudice to the provisions of articles 26 and 27 of the law of irrigation and drainage referred to, the resolution shall be implemented via the administrative way. Section 3 : Field Drains Field Drains Article 14 The Public Department for Drainage Projects shall prepare maps with scales 1/2500 of eight copies, illustrating the layout of the main and secondary drains or field drains whether open or covered, marking off the lands of drainage unit that are to be drained into a field or covered drain or a series of the mentioned drains that are combined in one drain flowing into the public drain. The Minister of Irrigation or his deputy shall ceritify these maps. Properties necessary for implementation of these projects shall be expropriated in accordance with the provisions of the law 577 for the year 1954 regarding the expropriation of the properties necessary for the public good or improvements. Property Tax Department shall be informed for exempting these lands. The committees formed by the ministerial decree number 192 for the year 1984 shall take the actions necessary for surveying areas of crops corrupted as a result of irrigation and open/covered drainage projects and paying the value of the compensations estimated for them in accordance with the table of categories of determining compensations for the agricultural crops, vegetables and corrupt fruit trees resultant from implementation of irrigation and drainage projects issued by a decree of the Minister of Irrigation. Article 15 Costs of establishing covered and open irrigation projects shall be levied from the utilizers as follows: 1- Drainage Public Departments shall prepare survey maps with suitable scales illustrating the areas that were provided by covered and open drainage networks. These maps are to be sent to the competent survey directorates. 2- Drainage Public Departments shall prepare concluding statements of the total costs of every covered or open drainage project that is completed. These costs shall include the value of expropriation of the properties that are included in implementation of the project and the crops that are damaged in addition to the 10% ratio of the administrative expenditure. All these statements shall be sent to the survey directorates which in turn shall send them to the competent Property Tax Office to take the actions necessary for collecting these costs. 3- Property Tax Offices shall send the amounts collected from the utilizers to the Public Authority for Drainage Projects with a statement showing the number, date and value of the amount of money collected for every area. http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-%20section%203.htm Article 16 Public Departments for Drainage Maintenance at the Ministry of Irrigation shall undertake the usual periodic maintenance of covered drains according to the schedule set by the Department for continuation of the effective performance of the network. The Ministry of Irrigation shall assume the expenses of periodic maintenance. The planters of the land utilizing the covered drains shall pay any other expenses. Section 4 : Groundwater Ground water Article 17 The groundwater reservoirs are: A) The sedimentary reservoirs in the Delta and Nile Valley are the natural extensions of the layers carrying water that are related to the Nile River, its branches and watercourses. The borders of these reservoirs in the Delta are the Mediterranean Northward, the Suez Canal Eastward, El-Natroun Valley Depression, the Faregh Valley and Cairo Alexandria desert road westward, and the Suez road southward. The boundaries of these reservoirs in Upper Egypt are extensions of the layers carrying groundwater for a five-kilometer distance to the east and west outside the currently cultivated lands alongside the Nile Valley south of Cairo till Aswan. B) The ground reservoirs in the desert lands are extended through all the lands that are excluded from clause (a). Article 18 The state authorities, local departments, other governmental or non-governmental authorities or individuals shall not be allowed to authorize or carry out digging groundwater wells whether deep or surface in all the lands of the Republic except via a license from the Ministry of Irrigation and in conformity with the stipulations set by the Ministry. Article 19 The owners of the groundwater wells that are dug before the effectiveness of the irrigation and drainage law referred to shall be committed to inform the Ministry of Irrigation within a year from the validity of this bylaw or announcement in the newspapers with the data regarding the wells that they hold. The wells whose diameters do not exceed two inches shall be excluded. The notification should include the following: 1- Name and address of the owner of the well. http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-%20section%204.htm 2- Location of the well on a survey map with a scale 1:2500. 3- Data regarding the well in terms of the diameter of the well, the diameters and lengths of the pipes used whether solid or hollow, type of the pump installed on the well, its diameter, its discharge, and the average daily operating hours. 4- Date of digging the well, the date of starting the pumping and water withdrawal. 5- Degree of water salinity and water chemical analysis if present. 6- Purpose of using the well's water. 7- Area to be irrigated by the well's water and type of the cultivated crops. 8- The license issued for digging the well if there is any. 9- The water discharge authorized to be withdrawn from the well. Notification shall be done via a registered letter or delivery by virtue of a receipt to the Irrigation Engineer in whose area of competence the well is located. Article 20 The Ministry of Irrigation shall establish records at the level of irrigation districts that would include data concerning the wells authorized to be dug. Article 21 The Ministry of Irrigation shall conduct a periodic revision of the notifications submitted to it according to article (19). The Ministry shall also carry out the necessary examination of the wells and express its observations regarding every location and send a copy of the data sent to it and the result of the examination to the Groundwater Research Institute that follow the Water Research Center for studying and giving the final opinion in its regard. Article 22 The Irrigation General Director shall not be allowed to issue or renew license for an existing well except after the approval of the Groundwater Research Institute. Article 23 In case of the lack of approval of the Groundwater Research Institute or the request of making some modifications in the well components or its water, the Irrigation General Director should inform the owner of the well via a registered letter for completion of what is required within three months from the date of notification and reporting that to the Irrigation Engineer and the Groundwater Research Institute for studying and giving the final opinion. Article 24 The Irrigation General Director shall withdraw the license of the well or refuse its renewal and stop the pumping via the administrative way if the owner of the well does not respond for making the modifications demanded by the Groundwater Research Institute within the period referred to in the previous article or if the examination and study prove the incompetence of the works done by the owner of the well. Article 25 Applications for obtaining license for digging the wells at the lands of the Delta and the Nile Valley stated in clause (a) of article (17) shall be presented to the provincial Irrigation Engineer in whose area of competence the proposed well is located. The application form should bear the official stamps and include the data required, with the following documents enclosed: 1- Name and address of the license applicant. 2- Location of the proposed well on a survey map with a scale 1/2500 of three copies. 3- A copy of all the studies, analyses and designs related to the well if there is any. 4- Purpose of the use of the well's water. 5- Area to be irrigated by the well's water if the purpose of the well is irrigation. 6- Title deeds of the land utilizing the well or a certified statement from the agricultural cooperative society that proves his ownership of that land or a resolution for allotment of the land to be irrigated. 7- Paying a temporary insurance amounting to 200 pounds (two hundred pounds). 8- The well's owner should provide the irrigation district that the well follows with the results of water analyses and layers of the authorized well after completion of digging. In case of lack of the owner's commitment, the insurance stated in item 7 of the same article shall not be paid back to the owner. Article 26 The competent Irrigation Inspection shall undertake the study of the application of the license in terms of how bad the location needs water, the required uses, and determination of the discharge necessary for fulfilling the proposed needs. Article 27 The Irrigation Director shall refer the license application with its enclosures accompanied by his own opinion based on the study to the Groundwater Research Institute for a more detailed study of the project and determination of usability of the location for employing groundwater, and defining the discharges available for use as well as the technical provisions and specifications that should be abided by. The applicant of the license shall be given the result within a period not exceeding two months from the date of submission of his application bearing the official stamps either by giving him a final license or a temporary permit for digging a test well and continuing all the necessary studies on it provided that the task should be accomplished by the license applicant at his expenses and responsibility. The license applicant should present a copy of all the data related to the well to the competent Irrigation Inspector so that the Irrigation General Director may issue the final license of the well. Article 28 The contractors of digging the wells, public and private companies shall be prohibited to dig groundwater wells for governmental ministries or authorities, local departments, public or private sector companies, or individuals unless the well is authorized from the Ministry of Irrigation. The Ministry in that case should carry out any executive works otherwise the contractors shall be held accountable. A copy of the results of digging any wells should be presented after completion to the Irrigation Engineer in whose area the well is located. Article 29 The license should include the following data:  The license number.  The licensee name and address.  The location of the licensed well.  The purpose of the utilization of the well.  The well's depth.  Pipes' diameters, length, type and diameter of the pump authorized for use.  The discharge authorized to be drawn from the well (m3/day).  Duration of the effectiveness of the license. Article 30 The license should not exceed three years. The application for renewal should be presented at least two months before the expiry. The license shall end when it is expired without renewal. Article 31 In case of the request of obtaining license for digging groundwater wells in desert land subject to the provisions of law 143 for the year 1981 referred to and stated in clause (b) from article 17, the application of the license shall be submitted to the Public Authority for Agricultural Development and Reconstruction Projects. The application should bear the official stamps and contain the data with the documents referred to in article 25 from this regulation, provided that the temporary insurance should be to the credit of the Ministry of Irrigation. Article 32 The Public Authority for Agricultural Development and Reconstruction Projects shall conduct the necessary studies in a period not exceeding six months from the date of submission of the license application and send the head of the Irrigation Sector at the Ministry of Irrigation a copy of all the data, studies, specifications and stipulations that were done regarding the submitted license application accompanied with its final opinion. Article 33 The head of the Irrigation Sector at the Ministry of Irrigation shall refer the application of the license to the Groundwater Research Institute, then to the competent Irrigation General Director for issuance of the necessary license after obtaining the approvals of The Public Authority for Agricultural Development and Reconstruction Projects and the Groundwater Research Institute. Article 34 The Ministry of Public Works and Water Resources in case of rejection of the license application should inform the applicant with a registered letter containing the reasons for rejection in two months from the date of submission of application. The applicant shall have the right to complain within thirty days from the date of being notified of the rejection of the license. Article 35 The complaint should be presented to the Ministry of Irrigation. The Ministry should examine and judge the complaint in thirty days from the date of receiving the complaint. Its resolution in this regard shall be deemed final. Article 36 Without prejudice to the penalty stated in article 95 from the Irrigation and Drainage law, the compensation shall be three piasters per cubic meter of excess water in case of surpassing the rates and amounts of water authorized for pumping. Article 37 A copy of the license shall be sent to the following authorities: 1- Groundwater Research Institute. 2- The Public Authority for Agricultural Development and Reconstruction Projects as regards the wells authorized in desert lands. Article 38 In case of loss or damage of the license, the Irrigation Public Department issuing the license should be immediately informed for obtaining a substitute. Section 5 : Drainage Water Drainage Water Article 39 Agricultural drains water shall not be used for irrigation purposes unless by a license from the Ministry of Irrigation and according to the provisions stated in the following articles. Article 40 Applications for obtaining a license for use of water of one of the drains for purposes of irrigating lands shall be sent to the competent Irrigation General Director. The application should be presented bearing the official stamp and including the data with the following documents enclosed : 1- Name and address of the license applicant. http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-%20section%205.htm 2- A survey map with a scale 1:2500 of three copies illustrating the drain open for use and the kilometric location at which the intake is required and the area to be irrigated with drainage water. 3- Title deeds of the land to be irrigated from the drain or a statement issued by the cooperative society and authorized by the competent Agriculture Directorate proving the ownership and area of this land. 4- Crops proposed for agriculture in conformity with the provisions regulating the agrarian cycle. 5- A copy of all the studies, analyses and designs related to the project conducted by a specialized engineering office including type of soil, analyses of drainage water, types of crops in detail, degree of their resistance to salinity, the way of use of drainage water for irrigation either directly or after mixing with fresh water, name of the freshwater stream whose water shall be used in the mixing, and the ratio of the mixture through consulting the data set forth in the supplement no.1 attached to this regulation relating to the standard of water allotment according to the usability for irrigation. 6- Payment of a temporary insurance amounting to 300 pounds (three hundred pounds). Article 41 The Irrigation Department shall conduct the study of the license application in terms of the suitability of irrigation and drainage watercourses at the proposed location and determination of the discharge suitable for meeting the needs of irrigation of the area and demonstrate other decided projects for use of drainage water proposed for irrigation. The Department should refer the application to the head of the Irrigation Sector. Article 42 The head of the Irrigation Sector shall refer the license application, its attachments, the longitudinal and transverse sectors of the drain proposed for use and his stated opinion according to field examination to the president of the sector of the horizontal expansion projects and irrigation development in the Ministry of Irrigation to take the actions of the detailed study of the application. Article 43 Study of the license applications for irrigating the new lands should include the following : 1- The Sector of Horizontal Expansion and Irrigation Development Projects shall send a copy from the license application, data and attached documents to the Public Authority of Agricultural Development and Reconstruction Projects and the Drainage Research Institute for Study and providing opinion in three months. 2- The Public Authority for Agricultural Development and Reconstruction Projects should scrutinize the ownership of the land to be irrigated from drainage water. 3- The Drainage Research Institute of the Water Research Center in the Ministry of Irrigation shall undertake estimation of drainage water usability for the purpose of irrigating the lands and the crops determined for planting, the suitability of the location of the intake and the ratio of mixture stated in the study presented by the engineering office enclosed in the application of the license. The Drainage Research Institute shall also set the technical specifications and conditions that should be followed and define the required discharge and operation hours and phases. 4- The Sector of Horizontal Expansion Projects and Irrigation Development, after investigating the opinions of the Public Authority for Agricultural Development and Reconstruction and the Drainage Research Institute, shall prepare a comprehensive memorandum containing the results of the study of the license application for presenting it to the coordination committee for irrigation and land reclamation provided that the memorandum should include the determination of irrigation method that ought to be followed, the stated water duty, agricultural cycle, the irrigation source, the necessary amount of water and the proposed ratio of mixture. 5- If the joint coordination committee approves the presented memorandum, the Sector of Horizontal Expansion and Irrigation Development Projects shall notify the Irrigation Sector with a copy of this memorandum and approval of the committee for issuance of the license. Article 44 The license shall include the following data : 1- The license number. 2- The licensee name and address. 3- The location of the area utilizing drainage water (basin - village – district - governorate). 4- The name of the drain whose water is licensed to use and the site of the intake. 5- The amount of water discharge licensed to be used from the drainage water and the phases of its use all through the year. 6- The ratio of mixture with freshwater if present. 7- The capacity of the lifting machine licensed for use, its discharge and the diameters of pipes used for suction and ejection. 8- Duration of the license. Article 45 Duration of the license should not exceed three years. The renewal application shall be presented at least two months before its expiry. The license shall end by expiry without being renewed. Article 46 In case of rejecting the license application, the Ministry of Irrigation should inform the applicant via registered letter with the reasons of rejection within six months from the date of submitting the application. The applicant shall have the right to complain in a month from the date of being notified of the rejection of the license. Article 47 The complaint shall be submitted to the Ministry of Irrigation which has to scrutinize and judge it in thirty days from the date of receipt of the complaint. The Ministry's resolution in this regard shall be deemed final. Article 48 A copy of the license shall be sent to the following authorities: 1- The Drainage Research Institute of the Water Research Center. 2- The Public Authority for Agricultural Development and Reconstruction Projects. Article 49 Without prejudice to the penalty stated in article 91 of the Irrigation and Drainage Law, the Ministry of Irrigation shall have the right to cancel the license in case of breaching its stated conditions. The Irrigation Department shall collect compensation for the amounts of water used in excess over the authorized amount as much as three piasters per cubic meter. Section 6 : Water Lifting Devices Water Lifting Devices Article 50 http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-%20section%206.htm For licensing to establish or run pump or any of the devices moved by a stationary or mobile machine running with the mechanical ways for lifting water for irrigating or draining the lands, the following shall be stipulated: 1- Submission of the license application bearing the necessary official stamps to the Provincial Irrigation Inspector. 2- Submission of a map with a scale 1: 2500 with three copies, of which one is signed by a syndicate engineer and illustrating the location of the pump or device. 3- Payment of examination fees amounting to ten pounds. 4- Submission of the title deeds of the land utilizing the pump, device and the documents of ownership of the machine or a statement certified from the competent agricultural society stating the agreement of the owners of the command area using the machine. 5- The pump's diameter or a general description of the device, the power of the machine and the discharge regarding the pump or device. Article 51 Those who trade in the devices specified for lifting irrigation and drainage water should inform the competent Machines Inspection Office and the Irrigation Public Department in the governorate of every purchase or disposal of the devices within fifteen days from the date of disposal of the device. The notification should include the following data : 1.Name and address of the store that sold the device or pump. 2. Name and address of both the purchaser and the owner of the machine, numbers of their identity or family cards and place of issuance. 3.Purpose of purchasing the device or pump. 4.The authority in which the device is operated. 5. Mark, number, and producing company of the machine. 6.Diameters of the suction and ejection pipes, or a general description of the device and the power of the machine and the discharge of the pump or device. Article 52 In implementation of the provision of article 74 of Irrigation and Drainage Law, the charge for lifting water shall be determined as follows: 1. Half a piaster per cubic meter of water taken for exploitive purposes of irrigation water lifted by governmental pumps. 2. A piaster per cubic meter of water cast after being processed by factories into the drains whose water is drained by governmental pumps. Article 53 Wasting irrigation water via draining it in a private or public drain or land that is uncultivated or unauthorized for irrigation or cultivating rice without a license shall be prohibited. Seven piasters are to be collected for every cubic meter of water that the land planter either draws in excess of what is allocated for irrigating his land or causes to be wasted. Article 54 Without prejudice to the penalties stated in the Irrigation and Drainage Law, the violator shall be committed to pay the charge for utilization for the period in which he encroaches upon the territories of irrigation and drainage. The competent Irrigation Department shall collect the charge for the utilization according to what is stated in supplement number two enclosed with this regulation. Article 55 Whoever violates the authorized method of irrigation for irrigating the new lands which would in turn lead to draw amounts of water in excess of what is followed in the authorized irrigation method for irrigating his land, shall be committed to pay three piasters per cubic meter of water that is drawn throughout the duration of the violation. Section 7 : Shore Protection Procedures Shore Protection Procedures Article 56 Establishing any facilities on the lands that are within the prohibition scope referred to in article 86 of the Irrigation and Drainage Law shall not be allowed without the approval of the Egyptian Public Authority for Shore Protection. Engineers of the Egyptian Public Authority for Shore Protection who are designated as investigation officers shall have the right to access the lands referred to and the facilities set on them for inspecting the works conducted. If it turns out that violative works have been conducted or embarked on, the engineers shall have the right to cease these works by the administrative way at the expense of the violator and seize the machines and devices used. Article 57 Submission of an application bearing the official stamps to the General Director of Shore Protection shall be stipulated for obtaining the approval referred to in article 56 of this regulation. The following should be enclosed in the application: http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-%20section%207.htm 1. A survey map with a scale of 1/2500 or 1:5000 of three copies and a blueprint taken from a map illustrating the borders of the lands owned by the person applying for the approval, as well as the location and the survey lengths for the work required to be established, of which one is signed by a syndicate engineer. 2. A title deed of the lands for which the approval for establishing the facilities on them is required if these lands are private property, otherwise the allotment decree. 3. A statement of utilization of the facilities for which approval is required. 4. A detailed design and an estimate of the facilities required to be established. 5. A statement of the main geometric specifications, conditions and technical specifications regarding the facilities requiring the approval. 6. A pledge to implement the conditions set by the Egyptian Public Authority for Shore Protection and not to infract these conditions and technical specifications regarding the facilities for whose establishment the approval is required. The approval shall be issued by the president of the Egyptian Public Authority for Shore Protection in two months from the date of submission of the necessary documents. The applicant should be notified with the approval given to him as soon as it is issued. The competent engineers of shore protection public departments shall supervise implementation of the conditions of the approval. In case of rejection of establishment of any of the facilities referred to, the applicant shall be notified with a registered letter of the reasons of rejection within two months from the date of submitting the application. Supplement 1 First Drainage Water Standards for water allotment by virtue of its usability for irrigation according to its content of dissolved salts. 1- If the salinity degree of drainage water is less than 0.75 milimose/cm at 25 Centigrade (i.e. total dissolved salts less than 500 particles in million), it can be used in irrigating all types of lands directly without mixing. 2- If the salinity degree of drainage water ranges from 0.75 to 1.75 milimose/cm at 25 Centigrade (i.e. total dissolved salts range from 500 to 1100 particles in million), it can be http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-supplemente%20-%201.htm http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-supplemente%20-%201%20-%20ferst.htm used in irrigating good drainage lands with mixing it with fresh water with the ratio 1:1 if total dissolved salts exceed 700 particles in million. 3- If the salinity degree of drainage water ranges from 1.75 to 2.4 millimose/cm at 25 centigrade (i.e. total dissolved salts range from 1100 to 1500 particles in million), it can be used in good drainage lands with mixing it with irrigation freshwater with the ratio 1:1. 4- If the salinity degree of drainage water ranges from 2.4 to 2.75 milimose/cm at 25 centigrade (i.e. total dissolved salts range from 1500 to 1750 particles in million) it can be used in irrigating lands with mixing it with irrigation freshwater with the ratio 1:3. Standards of water allotment depending on the degree of usability for irrigation according to the adjusted degree of Sodium absorption: 1- Less than 9 shall be used in all types of lands without occurrence of penetration problems. 2- 9 to 15 shall be used in light texture lands without the occurrence of penetration problems. If it is used in normal lands, gypseous additions should be made. 3- More than 15 should not be used in heavy texture lands. Upon use all the other surrounding conditions should be studied and the gypseous additions should be maintained. Second Drainage Water Second- The Crops: 1) Plants are to be divided in terms of degree of tolerance of salinity (electrical conduction) in milimose to an extract of saturated soil into : A) Plants that tolerate salinity. B) Plants with medium tolerance. C) Sensitive Plants. according to the following table: Table number (1) Sensitive plants till 4 millimose/cm Plants of medium tolerance 4-8 millimose/cm Plants resistant to salinity 8 or more http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-supplemente%20-%201%20-%20second.htm Vegetables and legumes – citrus fruits apple - fruit with stones –Grapes - clover – peanut – rice – corn. Wheat –barley- cotton soya beans- linen. Balm trees sugar beet. 2) It should be maintained that the boron detected in the water used for irrigation should not exceed 2 milligram/litre otherwise such water shall not be usable except for the crops resistant to toxicity according to the following table: Table number (2) Supplement 2 Categories of Utilization Charges Kind of Utilization Stated Charge First- Occupancy of the territories for storing materials: 1- Inside the scope of the city councils per flat meter……..............….twenty piasters annually. 2- Outside the scope of the city councils per flat meter…….............……ten piasters annually. Second- Occupancy of territories for the purpose of utilization like factories and mills and petrol stations: 1- Inside the scope of city councils per flat meter………………one hundred piasters annually. 2- Outside the scope of city councils per flat meter………….fifty piasters annually. Third- Occupancy of territories for social or entertainment purposes: 1- Inside the scope of city councils per flat meter………………one hundred piasters annually. 2- Outside the scope of city councils per flat meter………...................….fifty piasters annually. Sensitive plants Less than a particle in million Plants of medium tolerance 1-2 particle in million Plants resistant to salinity 2 4 particles in million Grapes - citrus trees apple- fruit with stones. Wheat – barley - corn cotton- some vegetables.. Carrots – cabbage –turnip clover – sugar beet - balm trees.s http://www.emwis-eg.org/legisulation%20-%20low%2012%20-%20the%20Executive%20%20-supplemente%20-2.htm Fourth- Occupancy of territories for the purpose of beautifying the location like parks and private gardens: 1- Inside the scope of city councils per flat meter……...........................…fifty piasters annually. 2- Outside the scope of city councils per flat meter……….......….twenty five piasters annually. Fifth - Occupancy of territories by navigation And dredging machines companies , provided that it should not include buildings, per flat meter ……………………….fifty piasters annually. Sixth- Occupancy of territories by placing pipes: 1. The charge of the utilization of the pipes that shall be placed for purposes of irrigation, drainage and drinking water shall be levied once according to the following categories: A) Pipes length till 50 meters…………………………...............................….thirty pounds b) Pipes length exceeding 50 meters till 100 meters ………..................……fifty pounds c) Pipes exceeding 100 meters………………….......................………..hundred pounds 2. The charge of utilizing the pipes that shall be placed for other purposes shall be collected according to the following categories: 1. For every linear meter till 50 meters………………..........................................…one pound annually. 2. For every linear meter exceeding 50 meters till 100 meters…..……………fifty piasters annually. 3. For every linear meter exceeding 100 meters till 500 meters…..…………thirty piasters annually. 4.For every linear meter exceeding 500 meters till 1000 meters…..…………...……twenty piasters annually. 5.For every linear meter exceeding one thousand ( whatever the length)…..…………………ten piasters annually. Seventh – Occupancy of the territories by placing Decophil lines for every one kilometer or part of it For every line…………………………...............................................................................……fifty pounds.