Article 706 of the Saudi Civil Transactions Law

المادة 706 من نظام المعاملات المدنية · الفرع الرابع: حق الارتفاق أولًا: إنشاء حق الارتفاق

None of the partners in a water source or shared stream may cut another stream from it except with the permission of the other partners.

Official text (Arabic)

This article has not been amended since the law was issued.

ليس لأحد الشركاء في مورد الماء أو الجدول المشترك أن يشق منه جدولًا آخر إلا بإذن باقي الشركاء.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 706 explained in plain English

This Article regulates shared water, whether the partnership is in the water source itself or in a shared stream. The rule is:

No partner may cut another stream from the shared source or stream on his own.
He needs the permission of the other partners to do so.

The reason is clear: cutting a new stream may affect the quantity of water or how it is shared among the partners, so none of them may do it alone without the others' consent. The text requires the permission of the other partners, so permission from only some of them is not enough.

This Article follows Article 705, which protects a person who built a permitted stream or watercourse to irrigate his land, so that no one else may benefit from it except with his permission or in accordance with the legal provisions. While Article 705 protects the sole owner of the watercourse, Article 706 protects partners from one another. It is followed by Article 707, which defines the right of watercourse and regulates its conditions.

Anyone who wants to cut a stream from a shared source and has not agreed with his partners would do well to consult a lawyer specializing in real estate and civil matters before taking any action.

Practical example

Three farmers share a well and a shared stream in Wadi Al-Dawasir. One of them wants to cut a new stream from the shared stream to water another part of his land. He may not do so without the permission of the other two partners.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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