Mirzaei, Arezoo

Groundwater management in Iran is complex and challenged by increasing 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 (1983) and the Ta'een Taklif Law (2010) - to systematically identify the challenges embedded in these laws that may contribute to accelerating groundwater depletion. Using Institutional Grammar, the two laws were analyzed according to the ADICO components: Attribute, Deontic, aIm, Condition, and Or else. The paper decomposes the laws to understand their structure and linguistic specificity when expressing the deontic. The analysis shows that the predominant nature of both laws is norm-based, with minimal use of formal sanctions for enforcement. The EDWR law consists mainly of norms, with only a small percentage of statements containing 'Or else' components, which are essential for a statement to be considered a rule. The Ta'een Taklif law further reduces the number of rule-based statements, with the overwhelming majority being norms without concrete punishments or fines (Or else), despite expectations that it would provide a stronger formal tool against illegal wells. This legal feature may reflect that social compliance with norms is sufficient for regulation. However, it could be problematic if the collective understanding in social communities does not function accordingly. It may also indicate a gap in the legal framework where the consequences of non-compliance are not clearly defined. The paper highlights the need to revisit the fundamental IG topic of differentiating between rules and norms. It is crucial to address the gap between prevailing norms and enforceable rules to create a robust and responsive groundwater management system.
Keywords: ADICO Syntax; Groundwater Law; Illegal Wells; Institutional Grammar; Iranian Water Policy