Decision No. (918) dated 28/10/1445 AH
The Council of Ministers
After reviewing in its session chaired by the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al Saud, the correspondence received from the Royal Court No. 17040 dated 8/3/1445 AH, including the telegram of His Excellency the Minister of Human Resources and Social Development, Chairman of the Preparatory Committee for the Administrative Statute No. 32339 dated 1/3/1445 AH, regarding the request to transform the Saline Water Conversion Corporation into an authority named the Saudi Water Authority, and approval of the draft organizational arrangements for the authority.
After reviewing the aforementioned draft organizational arrangements.
After reviewingthe Law of the Saline Water Conversion Corporation, issued by Royal Decree No. (M/49) dated 20/8/1394 AH.
After reviewingthe Water Law, issued by Royal Decree No. (M/159) dated 11/11/1441 AH.
After reviewing the Council of Ministers decisions No. (710) dated 9/11/1441 AH, No. (263) dated 14/5/1442 AH, No. (616) dated 20/10/1442 AH, No. (652) dated 22/11/1443 AH, and No. (826) dated 24/11/1444 AH.
After reviewing the Royal Order No. (48790) dated 24/9/1439 AH.
After reviewing memoranda No. (2391) dated 2/7/1445 AH, No. (3189) dated 3/9/1445 AH, and No. (3525) dated 8/10/1445 AH, prepared by the Bureau of Experts at the Council of Ministers.
After reviewing the recommendation prepared by the Council of Economic and Development Affairs No. (1-45/30/D) dated 20/7/1445 AH.
After reviewing the recommendation of the General Committee of the Council of Ministers No. (10959) dated 20/10/1445 AH.
It is decided as follows:
First:Approval of the transformation of the (Saline Water Conversion Corporation) into an authority named (the Saudi Water Authority), to be the regulator of water services activities.
Second:Approval of the organizational arrangements for the Saudi Water Authority, in the attached form.
Third:Replacing the organizational arrangements referred to in item (Second) of this decision, in place of theLaw of the Saline Water Conversion Corporation, issued by Royal Decree No. (M/49) dated 20/8/1394 AH.
Fourth:
1- Amending the name of the (Water and Electricity Regulatory Authority) to be (the Saudi Electricity Regulatory Authority) and amending its organization, issued by Council of Ministers decision No. (263) dated 14/5/1442 AH, as follows:
A- Deleting the phrase "water activity" from the definition of services contained in Article (1).
B- Deleting the definition of "water activity" contained in Article (1).
C- Deleting paragraph (4) of Article (4), related to the allocation of water activity.
D- Replacing the phrase "electricity generation" instead of the phrase "production of water and electricity" contained in subparagraphs (A) and (C) of paragraph (6) of Article (5).
E- Deleting the phrase "or water" contained in paragraph (15) of Article (5).
2- Amending Council of Ministers decision No. (263) dated 14/5/1442 AH, as follows:
A- Deleting paragraph (2) of item (Fourth), and rephrasing paragraph (3) of the same item to read as follows: "The Ministry of Finance shall continue its membership in the Board of Directors of the Authority until the completion of the restructuring and privatization of the electricity sector."
B- Deleting paragraph (2) of item (Fifth).
3- Replacing the phrase (the Saudi Electricity Regulatory Authority) instead of the phrase (Water and Electricity Regulatory Authority), and replacing the phrase (Board of Directors of the Saudi Electricity Regulatory Authority) instead of the phrase (Board of Directors of the Water and Electricity Regulatory Authority), wherever they appear in laws, regulations, orders, royal decrees, decisions, and bylaws.
Fifth:Replacing the Saudi Water Authority in place of the Saline Water Conversion Corporation, in all the responsibilities, authorities, rights, obligations, and the like of the corporation, and transferring all the corporation’s assets of all kinds to the authority, without prejudice to the provisions ofCouncil of Ministers decision No. (652) dated 22/11/1443 AH, issued regarding the privatization of the Saline Water Conversion Corporation.
Sixth:Replacing the phrase (the Saudi Water Authority) instead of the phrase (Saline Water Conversion Corporation), replacing the phrase (Chief Executive Officer of the Saudi Water Authority) instead of the phrase (Governor of the Saline Water Conversion Corporation), and replacing the phrase (Board of Directors of the Saudi Water Authority) instead of the phrase (Board of Directors of the Saline Water Conversion Corporation), wherever they appear in laws, regulations, orders, royal decrees, decisions, and bylaws.
Seventh:The Saudi Water Authority shall exercise the powers, jurisdictions, rights, and duties related to regulating water services activities - except for dual production activities - contained in theWater Law, issued by Royal Decree No. (M/159) dated 11/11/1441 AH, and Council of Ministers decision No. (710) dated 9/11/1441 AH, issued regarding its approval, without prejudice to the application of the provisions contained in Royal Order No. (48790) dated 24/9/1439 AH, issued regarding the Governance Guide for Adjusting Prices of Energy and Water Products.
Eighth:The Saudi Water Authority shall establish a coordination mechanism with the Ministry of Environment, Water, and Agriculture, and the Saudi Electricity Regulatory Authority, to implement what is stated in item (Seventh) of this decision within a period not exceeding (one) year from the date of approval of this decision.
Ninth:The Board of Directors of the Saudi Water Authority shall exercise its powers stipulated in paragraph (6) of Article (6) of the organizational arrangements – referred to in item (Second) of this decision – in coordination with the Central Committee for Fees and Financial Charges formed by Royal Court telegram No. 83347 dated 2/12/1444 AH, until the issuance and implementation of the (Regulation on the Practice of Public Authorities and Institutions and Equivalent Entities Imposing Financial Charges for Services and Works They Provide).
Tenth:The Saudi Water Authority shall, when its Board of Directors exercises its jurisdiction stipulated in paragraph (17) of Article (6) of the organizational arrangements - referred to in item (Second) of this decision - ensure that there is an approved budget for each project.
Eleventh:The current Board of Directors of the Saline Water Conversion Corporation - formed pursuant to Article (4) of theLaw of the Saline Water Conversion Corporation, issued by Royal Decree No. (M/49) dated 20/8/1394 AH - regarding which Council of Ministers decision No. (826) dated 24/11/1444 AH was issued - shall exercise the powers and jurisdictions of the Board stipulated in Article (6) of the organizational arrangements - referred to in item (Second) of this decision - until the end of its term or until a new Board of Directors for the Saudi Water Authority is formed pursuant to Article (5) of the aforementioned organizational arrangements, whichever is earlier.
Twelfth:The Governor of the Saline Water Conversion Corporation shall continue, as of the effective date of the organizational arrangements referred to in item (Second) of this decision, to receive his current employment benefits, and shall perform the duties and powers of the Chief Executive Officer of the Saudi Water Authority contained in Article (8) of the organizational arrangements, until the Board of Directors of the Authority appoints a Chief Executive Officer for the Authority pursuant to the provisions of Article (8) of the organizational arrangements, or four (4) years from the date of approval of this decision, whichever is earlier.
Thirteenth:The financial and administrative regulations applicable to the Saline Water Conversion Corporation shall continue to apply to the employees of the Saudi Water Authority, and the regulations and organizational decisions issued pursuant to the Law of the Saline Water Conversion Corporation, issued by Royal Decree No. (M/49) dated 20/8/1394 AH, and the Water Law, issued by Royal Decree No. (M/159) dated 11/11/1441 AH, shall continue to apply until the Board of Directors of the Saudi Water Authority issues what replaces them pursuant to its powers established under item (Seventh) of this decision, and the organizational arrangements referred to in item (Second) of this decision.
Fourteenth:Forming a committee in the Ministry of Environment, Water, and Agriculture with members representing the Ministry of Finance, the Ministry of Human Resources and Social Development, and the Saudi Water Authority, to take necessary actions regarding the following:
1- Transferring employees and workers related to regulating water services activities, and the vacant positions related thereto - except for dual production activities - in the Regulatory Affairs Agency at the Ministry of Environment, Water, and Agriculture (Water Regulator), to the Saudi Water Authority, in accordance with the rules and arrangements for the treatment of employees and workers in sectors targeted for transformation and privatization, issued by Council of Ministers decision No. (616) dated 20/10/1442 AH.
2- Transferring properties, documents, contracts, financial allocations, and initiatives related to regulating water services activities - except for dual production activities - from the Regulatory Affairs Agency at the Ministry of Environment, Water, and Agriculture (Water Regulator), to the Saudi Water Authority.
This shall be done within a period not exceeding (sixty) days from the date of approval of this decision, and reporting what requires reporting.
Fifteenth:The placement of employees and workers in the Saudi Water Authority shall be according to the administrative regulation referred to in paragraph (5) of Article (6) of the organizational arrangements - referred to in item (Second) of this decision - in accordance with the rules and arrangements for the treatment of employees and workers in sectors targeted for transformation and privatization, issued by Council of Ministers decision No. (616) dated 20/10/1442 AH.
Sixteenth:The Ministry of Environment, Water, and Agriculture, when preparing the report regarding the organizational structure and organizational manual of the ministry, issued pursuant to the kind directive conveyed by Royal Court telegram No. 39678 dated 26/6/1441 AH, shall take into account the provisions of item (Seventh) of this decision.
Seventeenth:The Saudi Water Authority shall undertake the following:
1- Preparing a draft regulation for itself in light of what is stated in the organizational arrangements - referred to in item (Second) of this decision - and what is stated in this decision, and what may appear to it in this regard, and submitting it to complete the necessary legal procedures, within (twelve) months from the date of implementation of the referred organizational arrangements.
2- Continuing to review the laws, regulations, orders, royal decrees, and decisions affected by what is stated in this decision, in coordination with the Ministry of Environment, Water, and Agriculture, the Ministry of Energy, and the Saudi Electricity Regulatory Authority. If it deems it necessary to amend any of their provisions - directly or indirectly related to its work - it shall submit what it deems appropriate in this regard, in preparation for completing what is necessary.
Salman bin Abdulaziz Al Saud
