Best Water Law Lawyers in Mataram

About Water Law in Mataram, Indonesia

Water Law in Mataram, Indonesia, refers to the body of legal rules and regulations governing the use, management, protection, and distribution of water resources in the local region. Indonesia as a whole, and Mataram specifically, face unique challenges related to water rights, access, pollution, and the sustainable management of rivers, lakes, groundwater, and coastal zones. The law recognizes water as a public resource that must be managed in the interest of the people, with strict regulations to ensure its fair allocation and preservation.

Why You May Need a Lawyer

There are several situations in which individuals, communities, or businesses in Mataram might require legal assistance regarding Water Law. Some common examples include:

• Disputes between neighbors or communities over water rights and access for irrigation or household use.
• Issues involving illegal water extraction or contamination affecting local water sources.
• Legal requirements for permits or licenses to use groundwater or build infrastructure near rivers or lakes.
• Environmental compliance involving factories, hotels, or agriculture generating waste or pollution discharges.
• Problems with local water utility companies regarding tariffs, service interruptions, or water quality.
• Protecting indigenous or communal water use traditions against encroachment from commercial interests.
• Negotiating with government agencies about land and water development projects, such as irrigation canals, dams, or water conservation programs.

Local Laws Overview

Mataram applies both national and local regulations to govern water use. The key national legislation is Law No. 17 of 2019 on Water Resources, which establishes the principle that water is controlled by the state and allocated for the people's welfare. This law sets out mandatory licensing for water use, prioritizes access for basic needs and small-scale agriculture, and restricts commercial exploitation of water resources. At the local level, the City of Mataram has regulations based on provincial and municipal bylaws which specifically address:

• Permitting procedures for drawing groundwater for commercial and large-scale agricultural use.
• Regulations on effluent discharge and water pollution control.
• Protection of riverbanks, lakeshores, and wetlands to prevent illegal construction or encroachment.
• Tariffs and procedures for accessing municipal water utility services.
• Collaboration with local water-user associations and community groups for equitable access and sustainable management.

Penalties for violating water laws include administrative fines, license revocation, environmental restoration orders, and criminal sanctions in serious cases.

Frequently Asked Questions

What government body oversees water resource management in Mataram?

The Water Resources Agency (Dinas Sumber Daya Air) at both the provincial and municipal levels is responsible for overseeing water resource management, along with the Environmental Agency (Dinas Lingkungan Hidup) for pollution and environmental protection matters.

Can individuals or businesses drill their own wells for groundwater?

Groundwater extraction in Mataram requires a permit, especially for commercial use or large quantities. Small-scale domestic use may be exempt, but regulations still apply for environmental safety.

How are disputes over water rights resolved?

Disputes are usually handled first through mediation by local leaders or water-user associations. If unresolved, parties can seek resolution through administrative bodies or the courts.

What are the penalties for illegal water extraction or pollution?

Penalties can include fines, permit revocation, mandatory remediation of environmental damage, and, in severe cases, imprisonment according to the severity of the violation.

Are there restrictions on building near rivers or lakes?

Yes, there are buffer zone regulations that prohibit construction within a certain distance from water bodies to protect ecosystems and prevent pollution or erosion.

How can I legally use river or lake water for irrigation?

You must apply for a water use permit, typically through your local Water Resources Agency. Community-based irrigation users may have their own managed allocation systems recognized by the government.

Is water for household use always guaranteed?

Basic water needs for household use receive priority under national and local law, but distribution can be affected by infrastructure, drought, or pollution. Utility services are regulated, and grievances can be addressed to local authorities.

Can traditional or indigenous water rights be protected legally?

Yes, Indonesia's Water Law recognizes communal and traditional rights, provided they do not conflict with broader public interests or regulations.

What should I do if I suspect illegal water pollution?

Report your concerns to the Environmental Agency (Dinas Lingkungan Hidup) in Mataram, which is authorized to investigate and take enforcement action against violators.

Do foreign investors face different rules regarding water use?

Foreign and domestic investors are subject to the same permitting and environmental regulations. However, larger or strategic projects may be subject to extra scrutiny or national interest assessments.

Additional Resources

Individuals or businesses in Mataram seeking information or support on Water Law can contact the following organizations:

• Mataram Water Resources Agency (Dinas Sumber Daya Air Kota Mataram)
• West Nusa Tenggara Provincial Water Resources Office
• Mataram Environmental Agency (Dinas Lingkungan Hidup Kota Mataram)
• Local water-user associations (Perkumpulan Petani Pemakai Air - P3A)
• Legal aid foundations specializing in environmental and agricultural issues
• Universities and public interest research centers
• National Ombudsman if administrative issues are unresolved locally

Next Steps

If you believe you need legal assistance in the field of Water Law in Mataram, consider the following actions:

• Document your issue in detail, including dates, locations, and any correspondence or permits.
• Contact one of the relevant government agencies for advice or to make a report.
• Seek a consultation with a qualified lawyer experienced in Water Law or environmental matters in Mataram to review your case and advise on the legal process.
• If your issue involves a community or group, consider involving a local water-user association or NGO for mediation and advocacy support.
• Stay informed about local regulations and attend public consultations or forums on water management where possible.

Legal topics related to water can be complex and vary case by case. Engaging with the right professionals early can help ensure your rights and interests are protected under the law.