Investigating the ownership of water reservoirs in Iranian low
Abbasali Pouralsharieh
1
(
PhD student, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
)
Morteza Shahbazina
2
(
Associate Professor, Department of Law, Tarbiat Modares University of Tehran, Tehran, Iran.
)
mahshid alsadat tabaie
3
(
Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
)
Keywords: Water Reservoir, water law, managementMinistry of Energy, Regional Water Company,
Abstract :
Water reservoir ownership is one of the most important issues in water law which does not have a clear mandate in the subject matter laws.Since this ancient water establishment is located in a significant but scattered number in different locations, many people claim ownership of it. Explaining the ownership of the Water reservoir is one of the important concerns of stakeholders, judges, lawyers and managers. An attempt was made to address this issue and provide a reasoned and practical answer.Therefore, by analyzing the reasoning and citation bases of the persons claiming ownership, as well as examining the legislative background and considering the mental origin of water with the Irrigation Department and the rule of container and container, and that performing legal duties related to container without water Water reservoir as a container is not possible and that seals are among those properties that are used by the public, in accordance with jurisprudential standards and Article 25 of the Civil Code, as well as considering the last legislative will in paragraph c of Article 142 of the Fourth Development Plan Law and that the Ministry of Energy is legally in charge of water. It is the country, we have concluded that as long as seals are used as an important water reservoir in the country, its maintenance is the responsibility of the Ministry of Energy, respecting the acquired rights of individuals
