Review of literature

Embankment and Drainage Act, 1952

This Act provides for the construction, maintenance, removal, management and control of

embankments and water-courses in order to improve the drainage and protection from

floods, erosion or other damage by water.

Bangladesh Irrigation Water Rate Ordinance, 1983

The Ordinance provides for water charges applied to tenants or owners of land benefiting

from water supplies on behalf of the Government, the BWDB and the Bangladesh

Agricultural Development Corporation. Charges are determined by the government. In view

of the high exposure to flood damage, the Ordinance provides for the partial or total tax

remission in case of poor harvest or none at all.

Ground Water Management Ordinance, 1985

This Ordinance uses tube well licensing (granted by the Thana Parishad) to regulate

groundwater abstraction. The Thana Parishad is required to conduct an inquiry before

issuing a license. The criteria for the inquiry include: soil condition, distance to other well

and benefiting area. The license may be granted if the Thana Parishad is satisfied that the

installation of a tube well is beneficial, will not have an adverse effect upon the surrounding

area and is otherwise feasible.

Water Resource Act of 1992

This Act established the Water Resources Planning Organization (WARPO), details of which

are in Annex III.

Bangladesh Water Development Board Act (2000)

This Act clarified the functions of BWDB as including: waterworks for flood control, drought
prevention, soil conservation, etc.; works for the improvement of water flows to assist

fisheries, navigation, wildlife development, etc.; river bank protection; construction and

maintenance of coastal embankment; prevention of salinity intrusion and desertification;

harvesting of water for irrigation, environmental preservation, and supply of drinking water.

It also called for the transfer of BWDB projects covering up to 1,000 ha to local authorities;

the gradual transfer of the management of existing projects between 1,000 ha and 5,000 ha

to beneficiary organizations, and the management of schemes over 5,000 ha by a joint

committee comprising beneficiaries, BWDB, and other water-related agencies.

Draft National Water Act

This is meant to be a comprehensive Act to govern the use and management of water

resources and to provide legal basis to operationalize National Water Policy while

integrating the existing laws and regulations relevant to the sector and providing new

framework for such issues as water appropriation and licensing, and water right

administration. Under the proposed Water Act, unless otherwise provided by law, the state

owns all water resources in Bangladesh, including surface water, groundwater, and sea

water. Water may be legally appropriated for customary uses, but users must hold a water

use-right. Use rights are naturally awarded to individuals for the collection of water for 43

domestic uses, for bathing, and for navigating small watercraft. For other purposes, use

rights must be acquired through a general authorization or license.

Water rights are tied to land ownership, and individuals and communities can hold water

rights based on their rights to the land. State-owned closed water bodies of less than 3 acres

in size are to be subject to common-property principles, and poor people living in the area

will be allowed to access the water for their domestic use. In addition, private individuals

may have and control small household ponds