Article 59 of the Saudi Water Law

This article clarifies an important difference between a drilling or exploration license and the right to use water.

The rule: the following licenses, when issued by anyone other than the Ministry, do not entitle their holder to the right to use the water source discovered:

• A license to drill wells.
• A license to explore for water.
• A license to explore for other uses.

So someone who obtains a drilling or exploration license issued by anyone other than the Ministry, and a water source is discovered, does not by that license alone have the right to use the water discovered.

How is the right to use acquired? The article states that this right is subject to the provisions on use set out in the Law and in the Ministry's regulations. That is, using the source has its own separate provisions, and obtaining a drilling or exploration license issued by anyone other than the Ministry is not enough for it.

The article follows Article 58, which requires a license to explore for water and to drill, use, maintain and backfill wells and to practice the drilling profession. Together, the two articles mean that each of these stages requires what authorizes it under the provisions of the Law.

In practice, anyone planning to drill a well or explore for water should understand that a successful drilling under a license issued by anyone other than the Ministry does not by itself give the right to use, and that they must review the provisions on use in the Law and the Ministry's regulations. Anyone who needs an assessment of their position may consult a lawyer specializing in water law and administrative matters.