Diving deep into legal layers : institutional grammar’s insight into Iran’s groundwater laws

Abstract

Groundwater management in Iran is complex, challenged by exacerbating water scarcity and groundwater depletion. Despite changes in the country's water policies and laws, groundwater depletion has intensified. This study analyses two key groundwater laws, the Equitable Distribution of Water Resources Law and the Ta'een Taklif Law, to systematically identify the challenges within these laws that may accelerate depletion. Using Institutional Grammar, the laws were analyzed according to ADICO components: Attribute, Deontic, aIm, Condition, Or else. The analysis reveals that both laws are norm-based, with limited enforcement mechanisms. Attribute Components reveal a government-centric approach, making the government the primary actor and well users passive. aIm Components indicate that unauthorized wells, part of the current problematic situation, may eventually be legalized. Condition Components are vague and contradictory, hindering effective enforcement. While the laws establish obligations (Deontic), they lack specified penalties (Or else) for non-compliance. The paper concludes with the need for a comprehensive change in water policy leading to laws that maintain a balanced integration of norms and rules to create a robust groundwater management.