HIBAPRESS – Mohammed Daher
Yesterday, Friday, November 14th, the work of the training session organized under the supervision of the Attorney General of the King at the Court of Appeal in Marrakech, Professor Khalid Kardoudi, began, and was dedicated to "the criminal protection of water resources".
In his opening speech, the Attorney General affirmed that water is a resource that requires strict protection from everyone in the face of climate change and the increasing scarcity of water resources. Morocco has chosen to strengthen its legal arsenal by issuing Law 36-15 regarding water, which came to replace Law 10-95 and establishes a more stringent and effective system for protecting water resources. He confirmed that the new law sets precise rules for the use of surface and groundwater resources, and tightens control over drilling, transfer, and pumping operations, with strict protection of the public water domain from pollution, haphazard construction, and depletion. It also enhances the role of water agencies in planning and monitoring, and guides the state towards a proactive approach in facing floods and managing risks.
The Attorney General highlighted that the new law 36-15, in its essence, represents a new vision that makes water a strategic matter that requires sound governance and collective involvement to ensure water security for future generations. He pointed out the important role of the water police… as a regulatory body for protecting water resources, which plays a key role in protecting water resources and controlling all forms of illegal exploitation of the public water domain. The law governing this agency stipulates a set of regulatory and procedural tasks aimed at preserving water resources and ensuring their proper use.
The water police also monitor the facilities and equipment related to water use, in addition to inspecting violations and preparing their reports, while ensuring the documentation of evidence, taking samples, and placing seals on them. The seized tools are also recorded in official records and the reports are sent to the Public Prosecution within a period not exceeding ten days.
In cases of in flagrante delicto, the water police are authorized to stop the work and seize the equipment used in the violation, before referring the reports to the competent judicial authority, which initiates the procedures in accordance with the Code of Criminal Procedure. The members of the water police are considered senior officers of the judicial police, which gives them broad powers in investigation, verification, and monitoring of violations.
He focused on the important role of the Public Prosecution in close cooperation with the water police elements, due to its importance in protecting water resources and confronting the increasing attacks on the public water domain, especially in light of climate challenges and the great pressure on groundwater and surface water. With this role, the water police contributes to the implementation of public policies related to the preservation of water resources, and ensuring the sustainable management of this vital resource, which constitutes the basis of water security and development in Morocco.
In conclusion of his intervention, he highlighted that the water law adopts a series of strict measures and penalties to reduce violations related to the public water domain. These measures include withdrawing licenses, suspending privileges, suspending work, demolishing illegal facilities, in addition to fines ranging from 250 dirhams to 500,000 dirhams depending on the type and seriousness of the violation. Threatening fines and the prevention of the use of polluting facilities may also be imposed, with the violators bearing the costs of repair and compensation resulting from the delay.
In parallel with these penalties, the role of the water police emerges as a specialized body in monitoring water uses and ensuring respect for the law. This body consists of judicial police officers and agents affiliated with the administration and water basin agencies, where they perform the tasks of verification, preparing reports, and protecting water resources from pollution and illegal exploitation. These efforts come within the framework of the state's keenness to preserve water resources, and ensure sustainable management of this vital resource in light of climate challenges and the increasing pressure on groundwater and surface water.
