
Article 1 of the Water Law stipulates that -
"The water resources of the State are public property; they are subject to
the control of the State and are destined for the requirements of its
inhabitants and for the development of the country."
In Israel there is neither private nor state ownership of water resources. All
water resources belong to the public. The State controls the water resources of
the land as a trustee. The water resources are to be used for the benefit of the
inhabitants of the land and for its development.
Similarly, land ownership in Israel does not confer upon the owner the right to
the water flowing through the land, beneath it or drawn from wells situated
thereon. "A person's right in any land does not confer upon him a right in a
water resource situated therein or crossing it or abutting thereon;...".
Water may be drawn from a well situated on a person’s property only in
accordance with a water production permit, even if the water is intended solely
for the landowner's own consumption.
While there are no private rights to water resources or private water rights,
the right to receive and use water has been recognized in Article 3 of the Law,
which states that:
"Every person is entitled to receive and use water, subject to the provisions
of this Law".
Thus instead of traditional water rights, in Israel the water users have a
statutory entitlement to use water. The entitlement to water is only for
specific and recognized purposes which include domestic, agricultural,
industrial, commercial, public services and ecological uses.
Water production, pumping and supply equipment may be owned privately and serve
the various water users.
The description
of Israel’s water legislation is for informational purposes only and does not
constitute a legally binding version or interpretation thereof.
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