Water Well Drilling License
water well drilling license According to Cabinet Decision No. 8 of 2020 on the Licensing System for Drilling, Rehabilitation of Wells,
Extraction of Groundwater, and Well Drilling Contracting,
the water well drilling license was announced by the Cabinet.
This is based on the provisions of the amended Basic Law of 2003, particularly Article 70,
and the provisions of Law by Decree No. 14 of 2014 on Water and its amendments, especially Articles 29 and 31.
It is also based on the provisions of Law No. 7 of 1999 on the Environment and its amendments, and the provisions of Law No. 2 of 2003 on Agriculture and its amendments.
This is in accordance with the referral of the President of the Palestinian Water Authority and the approval of the Cabinet on 08/06/2020,
and in accordance with our authorities and in order to serve the public interest, we have issued the following regulations:
Law (1)The words and phrases used in this regulation have the following meanings, unless the context indicates otherwise:
- The Law: Law by Decree No. 14 of 2014 on Water and its amendments.
- The Authority: Palestinian Water Authority.
- President of the Authority: President of the Palestinian Water Authority.
- Well: Any facility intended to access groundwater.
- Abandoned Well: A well from which groundwater has not been extracted for a period of four consecutive years or more.
- Alternative Well: A well that is drilled as a substitute for an existing well.
- Monitoring Well: A well used to measure groundwater levels or to extract samples for water quality testing.
- Well Rehabilitation: Cleaning, disinfecting, expanding, repairing, or changing the equipment of wells.
- Applicant: Any natural or legal person who submits an application to the Authority to obtain a license in their name or on behalf of others for drilling wells, well rehabilitation, groundwater extraction, or a well drilling contractor license under the provisions of this regulation.
- License Holder: A natural or legal person who has obtained a license from the Authority under the provisions of this regulation.
- License: A written permit issued by the Authority to allow any natural or legal person to drill wells, rehabilitate wells, extract groundwater, or a well drilling contractor license under the provisions of this regulation.
- Drilling License: A written permit issued by the Authority to allow any natural or legal person to drill wells.
- Rehabilitation License: A written permit issued by the Authority to allow any natural or legal person to clean, deepen, expand, repair, or change the equipment of wells.
- Extraction License: A written permit issued by the Authority to allow any natural or legal person to extract groundwater.
- Well Drilling Contractor: A registered company with the Companies Registrar that carries out well drilling, well rehabilitation, or groundwater extraction operations.
- Drilling Equipment: The movable equipment used for drilling or rehabilitating wells, attached to the well drilling contractor license granted by the Authority.
- Meter: The device used to measure the quantity of water extracted from the well.
Law (2)This regulation aims to:
Regulate and control the drilling, rehabilitation of wells, extraction of groundwater,
and well drilling contracting through issuing the necessary licenses.
Control the quantities of water extracted under the license to ensure fairness and sustainability of water resources.
Law (3)
Any natural or legal person is prohibited from engaging in drilling,
rehabilitation of wells, extraction of groundwater,
or water well drilling license from the Authority in accordance with the provisions of the law and this regulation.
Law (4)
The groundwater stored in the subsoil is considered public property,
and the license granted to the landowner is only permission to utilize it within the limits of the license.
Law (5)
The following individuals are eligible to apply to the Authority for a license:
a. Any natural person.
b. Companies organized and registered in accordance with the applicable laws.
c. Associations registered in accordance with the applicable laws.
d. Ministries and public institutions.
e. Government-owned companies managed by the government.
f. Local authorities, government-owned companies, and companies managed by them.
The individuals mentioned in paragraph (1) of this article must be Palestinians.”
Law (6)
The application for a license must be submitted in writing to the authority,
according to the form prepared by it, accompanied by the documents to be determined by instructions issued by the head of the authority.
The authority shall study the application submitted to it within (14) days from the date of receipt,
taking into account the hydrological, hydrogeological, or environmental conditions and variables.
In the event of rejecting the application based on the hydrological, hydrogeological, or environmental conditions and variables,
the authority shall notify the applicant in writing within (3) days from the date of issuing the rejection decision,
which must be written and reasoned.
If the application is accepted, and in accordance with the hydrological, hydrogeological, or environmental conditions and variables,
the authority shall notify the applicant to complete all the required documents according to the recommendations of the relevant government authorities,
if necessary, and submit them to the authority within a period not exceeding (60) days from the date of notification.
The application shall be considered rejected if the applicant fails to complete all the required documents
within the period of (60) days specified in paragraph (4) of this article.
The authority shall notify the applicant in writing thereof within (3) days from the end of the (60) day period.
The authority shall issue its final decision regarding the license if the application is accepted within a period not exceeding (14) days
from the date of completing the application.
The expiration of this period without the authority issuing a decision shall be deemed an implicit rejection of the application.
Law (7)
The authority grants a drilling license for a period of two years from the date of issuance.
The authority issues the drilling license in the name of the owner in whose land the well is located
unless the landowner or partners have agreed otherwise in writing.
If the land in which the well is to be drilled is owned in common,
the written consent of the partners is required for drilling the well.
The authority issues the license in the name of the owner of the largest share of the land and their partners
unless the landowner or partners have agreed otherwise in writing.
If all the shares in the land owned in common are equal,
the license is granted to the applicant and their partners after obtaining their written consent.
If it is not possible to obtain the consent of the other partners due to compelling reasons,
the applicant must provide a legal undertaking assuming legal responsibility towards the other partners to safeguard their rights.
The authority shall issue an appendix attached to the license stating the names of all partners.
Law (8)
The authority grants a qualification license for a period of one year from the date of issuance.
The licensee is authorized to conduct well imaging if necessary.
Law (9)
water well drilling license must, within a period not exceeding (90) days from the completion of the drilling process,
submit to the authority, according to the form prepared for this purpose,
an application for a license to extract groundwater, accompanied by a report on the drilling process and a report on the results of the pumping test certified by the Geological Society.
The extraction license is prohibited from the date of issuance and must be renewed annually at the beginning of each calendar year. The licensee must apply to the authority for license renewal during the last month of its validity.
Law (10)
The authority shall study the application for an extraction license and determine the quantities of groundwater
which allowed to be extracted from the licensed well, according to the public interest and based on hydrological,
hydrogeological, or environmental conditions and variables, including climate change, rainfall amounts, groundwater level, and others.
The authority has the right to modify the quantities of groundwater to be extracted from the well,
as specified in the license, and inform the licensee accordingly.
To follow more, follow us on our Facebook page.