Last Change:
05/04/2025
Bangladesh Water Act
Year: 2013
Type: Domestic law
Rights Category: Health
Description
An Act to make provisions for integrated development, management, abstraction, distribution, use. protection and conservation of water resources.
Selected provisions
In this Act, except where the subject or context otherwise requires, -
(2) “Khal” means any passage of inflow and outflow of water;
(4) “water course” means flow of water from any water source;
(5) “water source” means any natural or manmade river, canal, beel, haor, baor, pond, lake, water-fall or any other similar water source;
(6) “wetland” means any land where water remains at the level of surface or close to it and which inundates with shallow water from time to time, and where grows such plants that may usually grow and survive in marsh land;
(13) “water” means any water mentioned in sub-section (1) of section 3;
(14) “water resources” means any surface water, ground water, rain water, i.e. water in the atmosphere; and shall also include water of estuary, aquifer, flood plain, wetland, water source, foreshore, coast, and any other similar reservoirs or places;
(15) “Water Resource Development Project” means any activity, program or initiative taken for the development of any water Resources, such as: any hydraulic infrastructure for irrigation, flood control management and drainage, protection of river bank, dredging or any other similar activity, program or initiative;
(16) “Water Resources Planning Organization” means the Water Resources Planning Organization established under Water Resources Planning Act, 1992 (Act No. 12 of 1992);
(17) “Water Stress Area” means any area declared as such under section 17;
(25) “person” means any natural person, and shall also include any institution, company, association, partnership, firm or statutory institution or any other similar organization;
(26) “ground water” means any water underneath the soil which flows through aquifers and is abstractable onto the surface by natural or artificial process;
(27) “surface water” means any water on the surface of water source;
(1) Despite anything contained in any other law for the time being in force, all rights over the following water within the State territory shall, on behalf of the people, vest upon the State.
(a) surface water;
(b) ground water;
(c) sea water;
(d) rain water; and
(e) water in the atmosphere.
(2) Subject to the provisions of this Act, right to potable water, and to water for hygiene and sanitation shall be treated as the highest priority right.
(3) Despite anything contained in sub-section (1), all rights over the surface water on any private land shall remain with the owner of such land, and such rights to use such water shall, subject to the provisions of this Act, be continued to be enjoyed:
Provided that the Executive Committee may, for preventing the wastage and misuse of water, and for the protection and conservation thereof, issue without discrimination a protection order to the owner of such private land.
(4) Nothing of sub-section (1) shall prevent any person from using any water allowed earlier under any Act, rule or regulation, or any custom or ritual having the force of law, or any accord, license or permit that were in force prior to the commencement of this Act; and such use thereof shall remain uninterrupted until it is restricted or prohibited or controlled on or cancelled under this Act:
Provided that, right to such use of water shall not be transferable except the permission of the appropriate authority.
(5) For the convenience of the use of water under sub-section (3), every individual shall have easement on any public or private land:
Provided that, no owner of the land near to the bank of any water source shall have any right to it’s bottom, and foreshore.