Chapter
6:
Legal
and
regulatory
framework
of
Water
Law
-‐
-‐
Water
use
rights
and
sharing
water,
covers
priority
of
use,
quantity
of
use,
places
of
used
and
sharing
and
burden-‐sharing
among
users;
Water
administration
deals
with
water
allocation
mechanisms,
operation
and
maintenance,
organization
of
users,
quantity
and
quality
protection
provisions,
conflict
settlement
procedures
and
enforcement
procedures.
6.4
Water
ownership
There
are
two
elements
that
determine
water
ownership
concerning
the
different
sources
within
Yemen’s
water
resource
management,
namely:
the
legal
status
of
water
and
the
conditions
for
establishing
such
ownership.
6.4.1
Legal
status
of
water
ownership
31
According
to
Shari’ah,
in
principle
water
belongs
to
nobody,
Mubah.
Therefore,
everyone
has
the
right
to
free
access
to
water,
both
individuals
and
communities.
Water
may
only
be
owned
when
it
is
contained
in
a
32
receptacle
and
separated
from
the
source.
Such
is
the
case
when
water
is
contained
in
a
well
or
cistern.
Shari’ah
for
this
reason
does
allow
private
ownership
of
water
under
these
circumstances.
As
it
is
privately
33
owned
under
these
circumstances
it
may
also
be
sold.
Civil
law,
takes
a
similar
approach
to
water
ownership
as
Shari’ah.
According
to
Article
1359
water
is
originally
res
nullius:
of
nobody
and
for
all.
Just
like
in
Shari’ah,
water
may
be
appropriated
and
contained
in
wells,
pipes
e