Water laws in Nepal - WaterAid

CHAPTER 2Drinking water2.1 Policy and LegislationHMGN has recently prepared the Rural WaterSupply and Sanitation National Policy 2004(2060 BS), the Rural Water Supply andSanitation Strategy 2004 (2060 BS) and theRural Water Supply and Sanitation SectoralStrategic Action Plan 2004 (2060 BS). Thesepolicy and strategy documents recognise thatall people have a right to access to basic watersupply and sanitation services and that theseservices are necessary for socio economicdevelopment and to combat waterbornediseases.The main legislation in relation to drinkingwater in Nepal is the Water Resource Act 1992(2049 BS). This Act is an umbrella Act,governing not only drinking water, but otheruses of water and overall water resourcemanagement in Nepal. The Act gives priorityto the right to use water for dinking purposesover any other domestic or commercial use.There are two regulations under the Act, fordrinking water purposes the Water ResourceRegulation 1993 (2050 BS)and the DrinkingWater Regulation 1998 (2055 BS).The Water Resource Regulation 1993 (2050BS) is an umbrella Regulation covering all usesof water and providing procedural mechanismsfor the implementation of the Water ResourceAct 1992 (2049 BS). The Regulation covers theformation of Water User Associations andDistrict Water Resource Committees, licensing,provides a dispute settlement mechanism inrelation to water use service charges, sets outthe process to be followed by the State inrelation to land acquisition and compensationand provides some forms in the Schedules tothe Regulations for certain administrativeprocedures.The Drinking Water Regulation 1998 (2055BS) specifically deals with drinking water andsanitation as it affects drinking water. 5 Amongother things, this Regulation regulatesDWUAs, the quality of drinking water anddrinking water suppliers.The other major pieces of legislation governingdrinking water are the Nepal Water SupplyCorporation Act 1989 (2046 BS). This Actestablishes the NWSC as a public corporationresponsible for providing clean drinking waterand sewerage services to the urban public. Thescope of work of the Corporation has beendetermined by HMG by notification in theGazette. This Act establishes the right ofpeople to drinking water and sanitation and6