Background and purpose: In the current situation of the country, the lack of water has become a major problem. The purpose of this article is to examine how water is used as a public property.
Materials and methods: In This paper library method is used.
Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness are observed.
Findings: As one of the public properties, water is at the disposal of the Islamic government. Everyone is equal in using public property. Public property cannot be owned by private individuals. hiâzat is one of the ways of acquiring water as public property in jurisprudence with the aim of exploiting this natural resource. In the subject law, in order to organize surface and underground water, the legislator has determined the way to use water resources in several laws such as the law on fair distribution of water and has emphasized on the protection of water channels and determining the boundaries of their bed and privacy.
Conclusion: It is necessary to review the way of using underground water resources. In some laws, such as the law on assignment of water wells without exploitation license, approved in 1389, the protection of water resources in the direction of agricultural development has been neglected. Allowing extensive use of underground water resources will have very harmful consequences and inherent risks such as the subsidence of the plains.