The rights of the owner of the waterless land in the law and the role of the Iranian Water Law Office

Introduction

In recent years, with the crisis of dehydration, many of the country's agricultural lands, especially in arid regions, have faced a lack of water for cultivation. This has not only made the users difficult, but it has also raised serious questions about the rights of water -owned landowners in the law. In this article, we will thoroughly review these rights from the perspective of current Iranian laws and review the existing legal solutions with the specialized help of the Iranian Water Law Office .

Definition of the landless agricultural land from the perspective of the law

Legally, waterless land refers to land that is not possible to exploit agricultural due to lack of water resources or legal restrictions. Such a land may have a water source in the past, but due to the drying of wells, drilling unauthorized, or redirecting the river, that source has been lost. The law did not provide specific definitions in this regard, but in the bylaws related to the Jihad Agriculture and Natural Resources Organization, the status of these lands is clear.

The rights owner of the waterless land

The owner of such land, despite the inability to directly exploit, has the following rights in law:

• ownership of the field

ownership of the field or land, even without water, is reserved and the law recognizes it. The owner can sell his land, lease or put a collateral to the bank.

• The right to claim and revive water source

In Iranian law, the owner of waterless agricultural land can request to revive his water resources. This can be done by digging a new well, buying rights or transferring water from other sources. The Iranian Water Bureau with extensive experience in the revival of agricultural wells and wells offers the best advice on this path.

• The right to change the use

If the water source is not possible, the owner may submit a request for a change of land useless land to other authorized applications. This process requires permission from specific committees that accompanying a specialized lawyer team can make the process faster and more legal.

Legal challenges of landowners owners

• Disagreement with Users or Partners

In many cases, waterless agricultural land is in common or shared manner. Lack of water can cause differences on how to use, sell or change land use.

• Water Transfer Limits

Under the Fair Water Distribution Act, any water transfer from a source to waterless land requires the Ministry of Energy's permission and lacks it illegal.

• Evaluation at Sales or Inheritance

One of the major concerns is how to evaluate waterless agricultural lands in inheritance transactions and cases. Full awareness of pricing regulations can prevent the owner's rights.

Legal solutions for the owner's rights

Iran's Water Bureau as a specialized authority in the field of water and agriculture law proposes solutions for waterless landowners, including:

• Preparation for Restoration of Water Source
• Follow Follow -up of Water Digging or Water Transfer
• Consultation and follow -up of land use change
• Defense of Partners or Productivity Disputes