Evolution of Water Law and State Sovereignty over Water Resources in Iran: A Comparative Study with the Dutch Water Governance System

Abstract

Water is one of the most strategic natural resources and plays a fundamental role in economic development, social security, environmental sustainability, and human well-being. Consequently, the legal framework governing water resources and the manner in which states exercise authority over them have become central issues in contemporary public law and governance studies. This article examines the evolution of water law and state sovereignty over water resources in Iran and compares it with the legal and water governance framework of the Netherlands. Using a descriptive-analytical and comparative approach, the study analyzes historical legal developments, institutional arrangements, management structures, and governance mechanisms in both countries through an extensive review of legal and academic sources. The findings indicate that Iran’s water law has evolved from a traditional system based on local water rights and customary allocation practices toward a highly centralized model characterized by extensive state ownership and administrative control over water resources. Although this transformation strengthened the public protection of water resources, challenges such as institutional fragmentation, excessive centralization, limited stakeholder participation, and weak policy coordination have reduced the effectiveness of water governance. In contrast, the Netherlands has developed a relatively successful model based on multi-level governance, specialized water institutions, stakeholder participation, transparency, and long-term strategic planning. The comparative analysis demonstrates that effective public authority over water does not necessarily require administrative centralization; rather, it depends on the existence of accountable institutions, integrated governance structures, adaptive management, and meaningful public engagement. The study concludes that reforming Iran’s water law requires a transition from a predominantly state-centered management approach toward a participatory governance model that strengthens basin-level institutions, enhances transparency and accountability, and promotes greater integration among water, agricultural, and environmental policies. Such reforms would contribute to improving water security and ensuring the sustainable management of water resources in the future.