Legal Dimensions of Inter-Basin Water Transfer

Inter-basin water transfer has been suggested as a short-time solution to the water scarcity problem. However, this solution makes some environmental, social and economic problems including but not limited to endangering water resources, unequal distribution of social and economic costs and benefits. Solving these problems involves regulating the transfer of water by appropriate legal provisions so that it can guarantee the reasonable, sustainable and equitable transfer of water through legal mechanisms. Inter-basin water transfer has been regulated in some legal systems through some mechanisms such as the implementation of environmental impact assessment of the inter-basin water transfer projects and water protection rules. Adapting a national strategy for integrated water management and public participation in water distribution has been offered to manage water transfer in a sustainable way. The legal system should assure that the inter-basin water transfer is the last resort and is exercised based on ex-ante and ex-post assessments. Inter-basin water transfer has not been regulated in the Iranian legal system in spite of the many water transfer projects and therefore there is an urgent need to its regulation by the appropriate legal rules.