Regulatory Arrangements of the Saudi Water Authority

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  • 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

Article 1

  • The following words and phrases - wherever they appear in these organizational arrangements - shall have the meanings specified next to each:

  • The Authority: The Saudi Water Authority.

  • The Minister: The Minister of Environment, Water, and Agriculture.

  • The Organizational Arrangements: The organizational arrangements of the Authority.

  • The Council: The Board of Directors of the Authority.

  • The President: The President of the Council.

  • The CEO: The CEO of the Authority.

  • The Person: A natural or legal person.

  • Service Provision Activities: Activities carried out by individuals or intended to be carried out, including: desalination, purification, treatment of water, activities of the main water buyer, and production of water for urban, industrial, or agricultural use, through the direct pumping of water from wells or dams or its purification, transporting this water and desalinated water to distribution points, distributing it, strategically storing it, trading it, selling it at retail, collecting, transporting, treating wastewater, and reusing it for urban, industrial, or agricultural purposes. This does not include the activities of individuals who package water in containers.

  • The License: A document issued by the Authority to a person to carry out any activity of the service provision activities based on the relevant regulatory provisions.

  • The Licensee: Any person holding a license or exemption.

  • The Permit: A document issued by the Authority concerning preparatory works - including planning and conducting studies - before commencing any service provision activities.

  • And the following words and phrases: (exemption, consumer, water tariff) shall have the meanings specified in Article (1) of the Water Law, issued by Royal Decree No. (M/159) dated 11/11/1441 AH.

Article 2

  • The authority enjoys public legal personality, financial and administrative independence, and is organizationally linked to the Minister. Its main headquarters is located in Riyadh, and it has the right to establish branches or offices within the Kingdom.

Article 3

  • The authority aims to regulate the activities and services related to water and oversee them, as well as to develop its methods; contributing to enhancing financial sustainability and achieving the goals of the Kingdom's Vision.

Article 4

Article 5

Previous Amendments
  • The Authority shall have a Board of Directors chaired by the Minister, and membership shall include:

    • 1- A representative from the Ministry of Environment, Water, and Agriculture.

    • 2- A representative from the Ministry of Finance.

    • 3- A representative from the Ministry of Municipal and Rural Affairs and Housing.

    • 4- A representative from the Ministry of Energy.

    • 5- A representative from the Ministry of Economy and Planning.

    • 6- The Chief Executive Officer.

    • 7- Two experts specialized in the work of the Authority, appointed by an order of the President of the Council of Ministers upon the proposal of the President for a term of three (3) years, renewable once.

    • The rank of the representatives of the government entities shall not be less than the fifteenth rank or its equivalent.

Article 6

  • The Council is responsible for overseeing the management of the Authority's affairs and conducting its matters, and it makes all necessary decisions to achieve its objectives within the limits of what is included in the organizational arrangements and relevant laws. In particular, it has the following:

    • A- Approving policies, plans, programs, and initiatives related to the areas of the Authority's jurisdiction, and raising matters that require completing procedures regarding them.

    • B- Approving the controls and requirements necessary for the licenses issued by the Authority related to activities associated with its areas of jurisdiction, in accordance with the relevant legal provisions, and monitoring their implementation.

    • C- Proposing draft laws related to the areas of the Authority's jurisdiction, proposing amendments to those in effect, and submitting them to complete the legal procedures.

    • D- Approving the structure and organizational guide of the Authority, in accordance with the applicable legal procedures.

    • E- Approving the financial and administrative regulations that the Authority operates under, as well as other internal and technical regulations necessary for its operations, provided that the approval of financial regulations and provisions with financial implications in other regulations is in agreement with the Ministry of Finance, and the approval of administrative regulations is in agreement with the Ministry of Human Resources and Social Development.

    • F- Approving the financial fees that the Authority charges for licenses and permits and for the services and works it provides in accordance with the relevant legal provisions.

    • G- Approving the controls specific to managing service provision activities in necessary cases, in accordance with the relevant legal provisions and based on the rules, procedures, and controls established by the Authority regarding any person who violates the relevant legal provisions.

    • H- Adopting definitions of service provision activities and modifying them with all their components and for all consumer categories to reflect the actual cost price, in accordance with the support established by law.

    • I- Approving the cost of service provision activities without intermediary assistance between what is produced or provided as services.

    • J- Approving the draft budget of the Authority and its final account, and the annual report on its activities; in preparation for completing the legal procedures regarding it.

    • K- Approving the establishment of branches or offices for the Authority.

    • L- Appointing an external auditor (or more) and an internal financial controller.

    • M- Approving the auditor's report.

    • N- Reviewing the periodic reports submitted to it regarding the progress of work in the Authority and making the necessary decisions regarding them.

    • O- Approving the Authority's conclusion of agreements, memoranda of understanding, and contracts, according to the applicable legal procedures; in accordance with the relevant legal provisions.

    • P- Approving the holding of conferences, seminars, scientific forums, and events related to the Authority's activities, in accordance with the relevant legal provisions.

    • Q- Approving the establishment, purchase, sale, and leasing of real estate for the benefit of the Authority in a manner that achieves its purposes, after agreement with the State Properties General Authority; in accordance with the relevant legal provisions.

    • R- Accepting gifts, donations, grants, bequests, and endowments, in accordance with the relevant legal provisions.

    • S- Calculating the amount of the deficit resulting from the difference between the income necessary for the services estimated by the Authority based on commercial principles and the actual income achieved from the approved tariff, in preparation for completing what is necessary according to the approved procedures.

  • Furthermore, the Council - in order to achieve its competencies and without prejudice to the duties assigned to it - may form permanent or temporary committees from its members or others, assigning them tasks it deems appropriate, specifying in the decision to form each committee its chairperson, members, competencies, and rules of operation, and it may seek assistance from whomever it deems necessary to perform the tasks assigned to it. It may also delegate some of its competencies to the president, the CEO, or any of its members or employees of the Authority.

Article 7

  • 1- The Council meetings are held at the headquarters of the Authority, chaired by the President or a member appointed by him from the representatives of government entities. They may also be held at another location within the Kingdom.

  • 2- The Council holds its meetings periodically, at least (three) times a year, and whenever necessary as determined by the President, or if requested by at least (one-third) of the members.

  • 3- The President shall send a written invitation to the meeting in advance, and the invitation must be accompanied by the agenda of the meeting.

  • 4- The Council meeting is valid if attended by the majority of the members - at least - including the President or a member appointed by him from the representatives of government entities. Decisions are made by a majority of the votes of those present at a minimum. In the event of a tie, the side that the President of the meeting voted for prevails.

  • 5- The deliberations and decisions of the Council are recorded in minutes signed by the President of the meeting and the attending members.

  • 6- If necessary, in urgent cases, and as determined by the President, meetings may be held and votes on decisions may be taken remotely, and decisions may be made by circulation among the Council members, and signed to indicate that all members have been informed of them. Decisions made in this manner are not considered valid unless they are circulated to all members, voted on, and receive at least a majority of their votes.

  • 7- A member of the Council may not abstain from voting, nor delegate another member to vote on their behalf in their absence. An objecting member has the right to record their objection and the reasons for it in the minutes of the Council meeting.

  • 8- The Council shall have a Secretary from the Authority's staff, appointed by the Council - based on the nomination of the Chief Executive Officer - who is responsible for preparing for the Council meetings, notifying its members of the dates, and preparing the minutes and decisions of the Council, as well as any tasks assigned to him by the Council or the President.

  • 9- A member of the Council may not disclose any information they have learned about the Authority's secrets even after their membership in the Council has ended.

  • 10- The Council may invite specialists and consultants it deems necessary to attend its meetings, without them having the right to vote.

Article 8

  • The Authority shall have a Chief Executive Officer, appointed by a Decision from the Council, which specifies his salary and other financial and functional benefits, and he is responsible for managing the Authority and conducting its affairs. His responsibilities and powers are concentrated within the limits set by the organizational arrangements and regulations issued accordingly, and what is approved by the Council. In order to achieve this, he has the authority to exercise the necessary powers and competencies, including:

    • A- Supervising the preparation of policies, plans, programs, and initiatives related to the areas of the Authority's jurisdiction, and submitting them to the Council.

    • B- Supervising the preparation of the controls and conditions necessary for the licenses issued by the Authority related to activities within its areas of jurisdiction, and submitting them to the Council.

    • C- Supervising the preparation of draft laws related to the areas of the Authority's jurisdiction, proposing amendments to the existing ones, and submitting them to the Council.

    • D- Supervising the workflow in the Authority according to its regulations, approved plans, and programs, and following up on the implementation of the decisions issued by the Council.

    • E- Supervising the preparation of the organizational structure and organizational guide for the Authority, administrative and financial regulations, and other necessary regulations to manage the Authority's affairs, proposing amendments to the existing ones, and submitting them to the Council; and implementing them after approval.

    • F- Supervising the preparation of the Authority's budget project, final account, and annual report; and submitting them to the Council.

    • G- Proposing the financial fees that the Authority charges for licenses, permits, and the services it provides, and submitting it to the Council.

    • H- Proposing the establishment of branches or offices for the Authority, and submitting it to the Council.

    • I- Proposing the organization of conferences, seminars, scientific forums, and events related to the Authority's activities, and submitting it to the Council.

    • J- Issuing the necessary decisions to implement the provisions contained in the organizational arrangements and regulations issued accordingly, according to the powers granted to him.

    • K- Spending from the Authority's budget and taking all financial procedures, in accordance with the relevant legal provisions.

    • L- Concluding agreements, memoranda of understanding, protocols, and contracts after the Council's approval, or according to the powers granted to him by the Council; in accordance with the relevant legal provisions.

    • M- Representing the Authority before judicial, administrative, and other entities inside and outside the Kingdom, and he may delegate others to do so.

    • N- Appointing the Authority's staff and supervising them; in accordance with the relevant legal provisions.

    • O- Approving plans and programs related to training the Authority's staff and sending them for all areas of the Authority's work, in accordance with the relevant legal provisions.

    • P- Contracting with experts, consultants, and consulting firms from inside or outside the Kingdom to serve the Authority's objectives and competencies, in accordance with the relevant legal provisions.

    • Q- Preparing for Council meetings.

    • R- Preparing periodic reports on the Authority's work, achievements, and activities, and submitting them to the Council.

    • S- Any other competencies assigned to him by the Council.

  • The Chief Executive Officer may delegate some of his competencies or powers to whomever he sees fit among the Authority's staff.

Article 9

  • A- The authority shall have an independent annual budget, which shall be prepared and issued in accordance with the arrangements for issuing the state’s general budget.

  • B- The financial year of the authority is the same as the financial year of the state.

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