GROUNDWATER LAW

             This Law promulgated in 1960 is intended to project the groundwaters sourced in our country and to promote their best usage and utilization. According to the law, the ground waters are brought under direct control and rule of the Government.

             Any and all transLawions and inspections required to be performed with due regard to groundwaters are carried out and supervised by the State Hydraulic Works Administration, according to the regulations set forth in accordance with this Law.

GROUNDWATER LAW

Law No                                                                    : 167

Date of Adaption                                                    : 18.12.1960

Published in the O.G.                                               : Dated 23.12.1960, Release No: 10688

Code of Laws in which the Law is Published          : Arrangement No:4, Volume 1 Page 814.

Ownership of Groundwaters

Article 1 - The groundwaters are the general territorial waters of the country and they are under the control and ownership of state. The investigation, usage, protection and registration of the groundwaters are subject to the provisions of this Law. 

Terms and Definitions

Article  2 – The terms used within the context of the present Law shall have the meanings and be construed to men or symbolize the concepts assigned to them as follows:

“Groundwater” , means any and all the waters that exist under the ground whether standing still or following in the form of a stream.

“Groundwater Storage” , means the layers beneath which exist the groundwaters, that when water is absorbed from any point, effects the entire mass.

“Person”, means any individual entity or person whether legal or private having official, semi-official or private identity.

“Neighbor” , means any person that owns and controls the land adjacent to the area where the groundwater locates or that resides in the same place or in the closest vicinity of the latter, who due to its location, is entitled to get use of the same groundwater as if it is the original adjacent landowner, if and where required.

“Applicant” , any person whether real or legal or public, semi-public or private who files a formal application and deposists its will for being granted with the right for usage of a land or area for the purpose of research, utilization or improvement and modification.

“Beholder” , is a person who is entitled with and duly obtined a license for research, utilization or improvement or modification of groundwaters.

“Utility Use” , means the control and utilization of water in drinking water production facilities, municipal service buildings, animal breeding centers, agricultural land irrigation, mining and industrial facilities.

“Utility Requirement” , means the amount of water required by the person being the benificiary of the groundwater for the purpose of utility uses.

“Safe Output Limit” , terms the quantity of water that may be received on a permanent basis without causing any damage to the groundwater storage.

“Exploration Well” , means the wells opened for conducting research for gathering academic information on groundwaters.

 “Operation Well” , means such wells brought for use by the general public.

Assessment and Public Disclosure of Groundwater Operation Areas

Article 3 – (Modified: 4.7.1988 pursuant to Decree in force of law Clause no: 336/1, Adopted: 7.2.1990 as Per Article 37 of the Law no: 3612)

As their Lawual borders and suctural charLaweristics are assessed and determined, the groundwater areas are adopted by the relevent Ministry in charge as the “Groundwater Operation Areas” upon the relevant advice of the State Hydraulic Works Administration.

Drilling of Wells Within the Publicly Disclosed Groundwater Operation Areas

Article 4 – Pursuant to Article 8 of this Law, the total number, Lawual locations, tolerated depths and other charLaweristics of the wells permitted to be opened within the Groundwater Operation, Areas as well as the total quantity of water to be utilized is designated  assessed by the General Directorate of State Hydraulic Works.

Any groundwater facilities that fall within the frame of Article 8 hereof, in the groundwater, operation areas will be formed up in accordance with be formed up in accordance with the rules and prLawices set forth by the technical instructions to be issued by the Ministry of Public Works.

Any person drilling a well only be entitled to a limited use of the water explored and found as sufficient to meet its individual utilization requirements.

In such cases, the quantity of utility  requirement, will be assessed and designated by the State Hydraulic Works Administration in cooperation and consultation with the relevant ministries depending on the goal or will of Lawion to be pursued.

Exploration and Utilization of Groundwaters

Outside the Disclosed Groundwater Operation Areas

Article 5 – Each owner of lands with groundwaters that fall outside hence not been precluded within the disclosed groundwater operation sites reserves the right to explore groundwaters and once being found, get use of the same with limitation of use only for meeting up its own utilization needs.

Howover such Lawion require the prior obtaining of certificate, should the same falls within the coverage and scope of Article 8 hereof.

Neighboring Rights

Article 6 – The rights and terms of use applicable to any person or entity who suffers lack of water to meet up its personal utility requirements in his owned or controlled land or otherwise, encounters hihg costs for the acquisition or obtaining of the same, are laid down under the Regulations referenced in Article 20 hereof.

Frame of Reference of State Hydraulic Works Administration

Article 7 – The State Hydraulic Works Adminsration is entitled to drill up or order driling of wells at any place within the country for the purpose of underground studies and explorations. However it may not go for an expropriation over these wells.

The land required for the location of wells as well as the access ways required for entries and exits are expropriated by the State Hydraulic Works adminstration for both the wells directly drilled for the purpose of operation and others among exploration wells which were included in the category on assessment. The price of expropriations are transferred to the construction cost account of the well. The usufructs applicable on operation wells may be assigned and transferred or otherwise be leased let to whether real or legal entities. In such cases, the then applicable commission of lease or assignment be designated by the State Hydraulic Works Administration.

The landowner is granted with the right of prefence in the assignment or leasing of the usufruct of the well.

Requirement of Obtaining a Certificate and Notification

Article 8 – Obtaining of certificates from the State Hydraulic Works Administration for performing excavations prescribed under items (a) and (b) herein below or drilling wells in association therewith, is mandatory.

a)(Amended:4/7/1998 by Art. 336/1 of Decree in force of law: Original Adoption: 7.2.1990-Article 38 of Law no: 3612) any pits, bores and wells (with the exception of pits opened manually) whose dephts have been announced after being determined by the General Directorate of State Hydraulic Works and approved by the relevant Ministry as to exceed the permitted figures, regardless of their cross-sectional sizes.

b)Any galleries and tunnels whether even or inclined, opened for the purpose of supplying water, without any regard to sizes or cross-sections.

Should such performance of excavations and driling of wells are found serve for some purposes other than supplying water, no certification is required however, prior notification of the State Hydraulic Works Administration on due request is mandatory.

Certificate of Exploration

Article  9 - A Certificate of Exploration is issued with a validity period of one year for works requiring certification for progresing with exploration task is not completed within this time period, then an extension is granted to the same for another one year period on the Certificate save in which case that the required application is made within the last month of the term subject to expiry. Should the exploration job in the so extended time period, then the certificate is annulled and deemed as void and the job owner required to submit a new certificate.

Certificate of Utilization

Article 10 –  Any person who discovers groundwaters in its owned section of land, being beholder of a Certificate of Exploration entitled to get use of this source. However in such case, should the landowner apply for and finally obtain a Certificate of Utilization from the State Hydraulic Works Administration.

Certificate of Improvement and Modification

Article 11 – A person being the beholder of a Certificate of Utilization may not make any attempts nor may render a change in the form of utilization of wells for any purposes such as improving the output of groundwater sources or wells located within its and etc. However, it may perform the same Lawion upon obtaining a Certificate of Improvement and Modification from the State Hydraulic Works Administration.

Exemption of Certificates from any Fees, Charges and Duties

Article 12 –  The certificates referred to under Articles 9, 10 and 11 above are not subject to application of any fees, stamp duties, charges or other obligations whether express or implied.

Applications for Obtaining Certificates

Article 13 –  Any person wishing to obtain a Certificate of Exploration, Utilization or of Improvement and Modification will file its personel claims with the local representative body of the State Hydraulic Works Administration or should such does not exist within the territory in which the land locates, with any other competent authority of the government who will immediately forward the same to the State Hydraulic Works Administration, without unreasonable delay.

The applicant will within one month of its first of its claim with the above mentioned authorities, receive a responsive notice on whether his claim is found eligible or not.

Approaching of Water Requirements to the Safe Output Level

during Simultaneous Applications

Atricle 14 –  Should the claimed water requirements approach to the safe output level of the groundwater storage, then, all further applications to be for getting the right to utilize from the same groundwater storage examined by a committee to be formed up by delegates of the relevant Ministries and a final and conclusive decision will be reached on the Lawual claims against which the Certificates of Utilization are to be issued.

Registration

Article 15 –  All the certificates issued in accordance with provisions of the present Law are registered in a log by the State Hydraulic Works Administration as the depository of relevant claims.

Assessments and Checks over Prevalent Conditions

Article 16 –  The rights, duties and resposibilities to be vested upon the engineering staff to take part in the driling of wells to assess the conditions prevalent over the alleged Lawion i. e. Exploration, utilization, improvoment and modification and perform the overall check of all these matters are specified in the Regulations incorporated under Article 20 hereof by reference.

Design and Engineering Responsibilities

Article 17 –  The studies, engineering designs and applications of any and all types of   groundwater structures and facilities to be reconstructed or modified and improved pursuant to the provisions of the Present Law will be based upon a design and task performed and endorsed by duty authorized personnel.

The provisions of this article shall not be applicable for any wells not exceeding the safe level, opened in the surface alluvia the dephts of which have been disclosed in accordance with the provisions of Article 8 hereof.

Penalty Provisions

Article 18 – Any persons who fail to comply with the obligations set out under the Present Law will be subjected to application of penalties as defined hereunder unless they are not being charged with any other or heavier punishment by jurisdiction in accordance with other laws.

a)Persons performing the Lawions laid down under Article 8 hereof without obtaining a Certificate and those who desperately gives wrong information will be charged to an application of heavy penalties from TL 500 to TL 3000. With application of the monetary fine, should no obstructing position for the opening and operation of well the State Hydraulic Works Administration on a comprehensive review of the case the certificate necessary for such Lawion is issued to its beholder. Should such person insists on such failure in a second or third time, the penalty set herein will double with the certificate being retained and issued to nobody. In such a case, the will is also closed with all costs to arise in respect there of be borne by the original person who allowed for the opening of the well.

b)Persons Lawing in contradiction with the provisions of Article 10 and 11 hereof those who fail to subortinate the terms set about exploration, utilization, modification and improvement during the course of latter and those persons who fail to conduct in compliance with the final paragraph of Article 8 hereof will be charged to an application of heavy fine in the amount varying in a range of TL 500 to TL 1500. Should the demeanor is repeated, the penalties anticipated herein duobles and no certificates are issued or otherwise, be returned should they have aiready been issued. In such cases, the wells are closed with all costs to arise in respect there of to be borne by the original person who allowed for the opening of the well.

c)Disputes regarding the present Law is referred to Basic Civil Courts of Peace for due settlement.

Exceptions

Article 19 – Waters deemed under the category of mines pursuant to the provisions of Law No:6309 and sodas subject to usage as drinks or bathing water for medical purposes which are included in the relevant provisions of the Laws no 927, 4268 and 6977 are exempted thus form exceptions to the application of the provisions hereof. Notwithstanding this, the provision set forth under the final paragraph of Article Eight is reserved.

Previously Opened Wells

Provisional Article 1 – (This provision is the original unnumbered provisional article of the Law no. 167 and has been numbered for indicative purposes only)

For groundwater wells that are opened at times prior to the promulgation and validation of the present Law and used for agricultural irrigation and for any other purposes by mining operations and industries, owners are responsible for making due application and filling of the same with local body or organization of the State Hydraulic Works Administration that locates within the nearest vicinity of the land or lands in which these wells are situated within 2 years of commencing operation and completing and submitting forms arranged ad hoc for the purpose. On receipt of these forms, the State Hydraulic Works Administration will process and examine the original copies and will determine the conditions of their usage and on completing such reviews and inspections, will issue a Certificate of Utilization to the right owners within a one month period.

(1)   The law numbered 4268 and the Law No 6309 of 3.3.1954 the exception of provisions of Article 2 and 158 have been annulled. The said Article 2 has then been included in the Law No:927 of 10.6.1926 as Supplementary Article 5.

Persons who fail to obtain certificates within the context and for the purposes defined here, under this clause will be subject to application of heavy fines from TL 500 to TL 1500.

Preparation of Directive

Article 20 – The Directive to govern the implementation of the present Law will be drafted mutually by the Ministries of Public Works, Agriculture, Industry and Construction and Resettlement.

Article 21 –  The present Law will take effect and be valid on its publication.

Article 22 –  The House of Ministers will debate and onforce the provisions of the present Law.

LISTS SHOWING ENTERING INTO FORCE OF THE LAW PROVIDING SUPPLEMENTS AND AMENDMENTS TO LAW NO 167

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