Objects and subjects of water use rights. Ownership of water bodies. Separate water use Joint water use
Water quality
Water quality – characteristics of the composition and properties of water, determining its suitability for a specific type of water use (GOST 17.1.1.01-77. “Nature conservation. Hydrosphere. Use and protection of water. Basic terms and definitions”).
Water quality criterion– a sign or set of signs by which water quality is assessed (GOST 27065-86. “Water quality. Terms and definitions”).
Water quality standards– established values of water quality indicators for a specific type of water use (GOST 27065-86).
Water quality regulation consists in establishing for the water of a water body a set of acceptable values of indicators of its composition and properties, within which the health of the population, favorable conditions for water use and the environmental well-being of the water body are reliably ensured.
Types of water use
Water use– use of water bodies to meet any needs of the population.
According to GOST 17.1.1.03-86. "Protection of Nature. Hydrosphere. Classification of water use" water use is classified according to the following criteria: by purpose of water use, by objects of water use, by technical specifications water use, according to the conditions for providing water bodies for use, according to the nature of water use, according to the method of using water bodies.
Water bodies are used for purposes drinking and domestic water supply, wastewater and (or) drainage water discharge, electrical energy production, water and air transport, wood rafting and other purposes.
TO household and drinking Water use includes the use of water bodies or their sections as sources of domestic and drinking water supply, as well as for supplying food industry enterprises.
TO cultural and everyday life water use refers to the use of water bodies for swimming, sports and recreation of the population. The water quality requirements established for cultural and domestic water use apply to all areas of water bodies located within populated areas, regardless of the type of their use by objects for the habitat, reproduction and migration of fish and other aquatic organisms.
Sanitary rules SanPiN 2.1.5.980-00 “Hygienic requirements for the protection of surface water” establish hygienic standards for the composition and properties of water in water bodies for two categories of water use:
To the first category of water use This includes the use of water bodies or their sections as a source of drinking and domestic water use, as well as for water supply to food industry enterprises.
To the second category of water use refers to the use of water bodies or their areas for recreational water use. The water quality requirements established for the second category of water use also apply to all areas of water bodies located within populated areas.
The water quality of water bodies must comply with the requirements of SanPiN 2.1.5.980-00 (Table 1). Content chemical substances should not exceed the maximum permissible concentrations of substances in the water of water bodies according to GN 2.1.5.1315-03 “Maximum permissible concentrations (MAC) of chemical substances in the water of water bodies for domestic, drinking and cultural water use.”
There is also another category of water bodies – fisheries. Federal Law No. 420-FZ dated December 28, 2010 determines that water bodies of fishery importance These include water bodies that are used or can be used for the extraction (catch) of aquatic biological resources. Water quality standards for water bodies of fishery importance, including standards for maximum permissible concentrations of harmful substances for water in water bodies of fishery importance, were approved by Order No. 20 of the Federal Agency for Fisheries dated January 18, 2010, and came into force on March 16, 2010.
2. Separate water use may be carried out on water bodies or parts thereof owned by individuals, legal entities, water bodies or parts thereof, which are in state or municipal ownership and provided to ensure the defense of the country and the security of the state, other state or municipal needs, the provision of which excludes the use of water bodies or their parts by others individuals, legal entities, as well as for aquaculture (fish farming).
(edited) Federal laws dated December 28, 2010 N 420-FZ, dated July 2, 2013 N 148-FZ)
(see text in the previous edition)
3. According to the method of using water bodies, water use is divided into:
1) water use with withdrawal (withdrawal) water resources from water bodies, subject to the return of water to water bodies;
2) water use with the intake (withdrawal) of water resources from water bodies without returning water to water bodies;
3) water use without withdrawal (withdrawal) of water resources from water bodies.
10. Legal grounds for the emergence, change and termination of water use rights.
The basis for the emergence of water use rights are legal facts.
In accordance with water legislation, these include:
- licenses for water use;
- contracts for the use of water bodies;
- decisions of the Government of the Russian Federation or an executive body of a constituent entity of the Russian Federation on the provision of a water body for use
see VK RF
11. Restriction, suspension or prohibition of the use of water bodies.
See VK RF
12. Agreements for the use of water bodies: concept, types, content.
Water use right as the most important institution of water law, it is a set of legal norms regulating the procedure and conditions for the use of water bodies, the rights and obligations of water users.
In a subjective sense, the right to water use is a set of specific powers of a subject in relation to the water body provided to it for use.
Subjects water use rights (water users) are citizens and legal entities.
Object water use rights are water bodies or parts thereof (Article 7 of the Water Code of the Russian Federation).
Water legislation classifies water use rights into several species with different legal regimes.
Depending on the economic purposes of use water bodies (according to their intended purpose), the following types of water use are distinguished: for drinking and domestic water supply; industry and energy; Agriculture; forestry, timber rafting; healthcare; construction; fire safety; fisheries; hunting and other purposes. At the same time, the law establishes the priority of drinking and domestic water use, providing for the priority of meeting the drinking and domestic needs of the population, and special requirements for the quality of water intended for these purposes.
Applied to ways of using water bodies distinguish between general and special water use. General water use is carried out without the use of structures, technical means and devices that affect the state of water, and special- using such structures and devices.
Typical cases of general water use are the withdrawal of water by individual citizens for drinking or domestic needs, the use of reservoirs for recreation and bathing, watering livestock, swimming in small boats, recreational fishing, etc. Such water use does not require prior permission from the competent state bodies and is carried out, as a rule. , free and free.
General water use is carried out primarily on public water bodies. Water bodies common use- these are objects that are in public, open use. These include water bodies that are state or municipal property
General water use on separate water bodies owned by citizens and legal entities can only be carried out subject to registration of this restriction of ownership of separate water bodies and payment of compensation to the owner. At the same time, separate water bodies owned by entities on the basis of municipal and private property rights can be used as objects of general water use only under the conditions established by the owners in agreement with the water fund management body. The owner of a separate water body is obliged to announce the conditions for general water use or its prohibition (Article 88 of the RF CC).
Special water use with the use of various technical means (dams, pumping stations, locks, etc.) is carried out in accordance with the procedure established by law on the basis of permits issued by state bodies managing the use and protection of the water fund after agreement with the authorities carrying out sanitary supervision, protection of fish stocks and others interested organizations.
The list of types of special water use is approved by the Ministry natural resources RF.
The use of water bodies can be carried out with withdrawal(water intake) or without withdrawal(discharge, use as waterways, etc.) of water resources.
Water bodies can be provided to satisfy one or more purposes to one or several entities. In the latter case, the so-called joint water use. Joint (complex) water use is the most common type of water use.
Article 11. Provision of water bodies for use on the basis of a water use agreement or a decision to provide a water body for use
1. On the basis of water use agreements, unless otherwise provided by parts 2 and 3 of this article, water bodies located in federal property, property of subjects Russian Federation, property of municipalities, are provided for use for:
1) intake (withdrawal) of water resources from surface water bodies;
2) use of the water area of water bodies, including for recreational purposes;
3) use of water bodies without abstraction (withdrawal) of water resources for the purpose of producing electrical energy.
2. Based on decisions on the provision of water bodies for use, unless otherwise provided by Part 3 of this article, water bodies that are in federal ownership, the property of constituent entities of the Russian Federation, and the property of municipalities are provided for use for:
See the Rules for preparing and making a decision on granting a water body for use, approved by Decree of the Government of the Russian Federation of December 30, 2006 N 844
1) ensuring the defense of the country and the security of the state;
2) discharge of wastewater, including drainage water;
3) construction of berths, ship-lifting and ship-repair facilities;
4) creation of stationary and (or) floating platforms, artificial islands on lands covered by surface waters;
5) construction of hydraulic structures, bridges, as well as underwater and underground passages, pipelines, underwater communication lines, and other linear objects, if such construction is associated with changes in the bottom and banks of water bodies;
6) exploration and production of mineral resources;
7) carrying out dredging, blasting, drilling and other work related to changing the bottom and banks of water bodies;
8) raising sunken ships;
10) intake (withdrawal) of water resources for irrigation of agricultural lands (including meadows and pastures);
11) organized recreation for children, as well as organized recreation for veterans, elderly citizens, and disabled people;
3. There is no requirement to conclude a water use agreement or make a decision on the provision of a water body for use if the water body is used for:
1) navigation (including sea shipping), navigation of small vessels;
2) performing a one-time takeoff and one-time landing of aircraft;
3) withdrawal (withdrawal) of water resources from an underground water body, including water resources containing minerals and (or) being natural medicinal resources, as well as thermal waters;
4) intake (withdrawal) of water resources in order to ensure fire safety, as well as to prevent emergency situations and eliminate their consequences;
5) intake (withdrawal) of water resources for sanitary, environmental and (or) shipping releases (water discharges);
6) intake (withdrawal) of water resources by ships in order to ensure the operation of ship mechanisms, devices and technical means;
7) implementation of aquaculture (fish farming) and acclimatization of aquatic biological resources;
8) conducting state monitoring of water bodies and other natural resources;
9) carrying out geological research, as well as geophysical, geodetic, cartographic, topographical, hydrographic, diving work;
10) fishing, hunting;
11) implementation of traditional environmental management in places of traditional residence of indigenous peoples of the North, Siberia and Far East Russian Federation;
12) sanitary, quarantine and other control;
13) environmental protection, including water bodies;
14) scientific, educational purposes;
15) exploration and extraction of mineral resources, construction of pipelines, roads and power lines in swamps, with the exception of swamps classified as wetlands, as well as swamps located in floodplains;
16) watering gardens, gardens, country houses land plots, maintaining personal subsidiary farming, as well as watering, caring for farm animals;
17) bathing and meeting other personal and everyday needs of citizens in accordance with Article 6 of this Code;
18) carrying out dredging and other work in the water area of a sea or river port, as well as work on the maintenance of inland waterways of the Russian Federation;
19) creation of artificial land plots.
4. The provision of water bodies that are in federal ownership, the property of constituent entities of the Russian Federation, the property of municipalities, or parts of such water bodies for use on the basis of water use agreements or decisions on the provision of water bodies for use is carried out respectively by executive bodies of state power and local government bodies in within the limits of their powers in accordance with Articles 24 - 27 of this Code.
Article 12. Water use agreement
1. Under a water use agreement, one party - the executive body of state power or the local government body provided for in Part 4 of Article 11 of this Code - undertakes to provide the other party - the water user with a water body or part of it for use for a fee.
2. Lease provisions provided for by the Civil Code of the Russian Federation are applied to a water use agreement, unless otherwise established by this Code and does not contradict the essence of the water use agreement.
3. A water use agreement is recognized as concluded from the moment of its state registration in the state water register.
Article 13. Contents of the water use agreement
1. The water use agreement must contain:
1) information about the water body, including a description of the location of the coastline (the boundaries of the water body), its parts within which it is intended to use water;
2) the purpose, types and conditions of use of a water body or its part (including the volume of permissible intake (withdrawal) of water resources) in cases provided for in Part 1 of Article 11 of this Code;
3) validity period of the water use agreement;
4) the amount of payment for the use of a water body or part of it, the conditions and deadlines for paying this fee;
5) the procedure for terminating the use of a water body or part thereof;
6) liability of the parties to the water use agreement for violation of its terms.
2. A water use agreement, along with the conditions specified in Part 1 of this article, may contain other conditions by agreement of the parties to this agreement.
Article 14. Duration of the water use agreement
1. Deadline for providing water bodies for use on the basis of a water use agreement cannot be more than twenty years.
2. A water use agreement concluded for a period exceeding the period established by part 1 of this article is considered concluded for a period equal to the maximum term of the water use agreement.
Article 15. Preemptive right of the water user to conclude a water use agreement for a new term
1. A water user who has properly fulfilled his duties under a water use agreement, upon expiration of the water use agreement, has a priority right over other persons to conclude a water use agreement for a new term, except for the case if the water use agreement was concluded as a result of an auction. The water user is obliged to notify in writing the executive body of state power or the local government body, provided for in Part 4 of Article 11 of this Code, of the desire to conclude a water use agreement for a new term no later than three months before the expiration of this agreement.
2. When concluding a water use agreement for a new term, the terms of the agreement may be changed by agreement of the parties to this agreement.
3. If the water user received from the executive body of state power or local government body, provided for in Part 4 of Article 11 of this Code, a refusal to conclude a water use agreement for a new term, but within a year from the date of expiration of the water use agreement, such an agreement was concluded with another person, the water user, at his choice, has the right to demand in court the transfer of rights and obligations under the concluded water use agreement and compensation for losses caused by the refusal to renew the water use agreement with him, or only compensation for such losses.
Article 16. Conclusion of a water use agreement
1. The water use agreement is concluded in accordance with civil law, unless otherwise provided by this Code.
2. A water use agreement regarding the use of the water area of a water body, including for recreational purposes, is concluded based on the results of an auction in cases established by the Government of the Russian Federation, as well as in the event that there are several applicants for the right to conclude such an agreement.
3. The procedure for preparing and concluding a water use agreement regarding a water body that is in state or municipal ownership, the form of a sample water use agreement and the procedure for holding an auction for the right to conclude a water use agreement are approved by the Government of the Russian Federation.
4. When concluding a water use agreement based on the results of an auction, it is not permitted to change the terms of the auction based on the agreement of the parties to this agreement or unilaterally.
5. A notice of an auction is posted on the official website of the Russian Federation on the Internet information and telecommunications network to post information about the bidding determined by the Government of the Russian Federation (hereinafter referred to as the official website on the Internet). Before the Government of the Russian Federation determines the official website on the Internet, a notice of the auction is placed on the official website of the auction organizer on the information and telecommunications network Internet and published by it in a periodical printed publication, determined accordingly by the Government of the Russian Federation, the highest executive body of state power of the subject Russian Federation, head of the municipality. Information about the auction must be available for review to all interested parties without charging a fee.
6. It is not allowed to conclude a water use agreement based on the results of an auction or in the event that the auction is declared invalid, earlier than ten days from the date of posting information about the results of the auction on the official website on the Internet.
Article 17. Change and termination of a water use agreement
Changes and termination of a water use agreement are carried out in accordance with civil law.
Types of water use– methods of using water bodies depending on the conditions of water intake from the water source and its return to the water body, aimed at meeting the needs of the population and objects social sphere And economic activity. Types of water use: water use with the withdrawal of water resources from water bodies, subject to the return of water to them; water use with the withdrawal of water resources from water bodies without returning water to them; water use without withdrawal of water resources, in order to maintain certain levels, flow rates and quality of water in a water body. The main water users in Russia are energy, agriculture, housing and communal services, water transport, a number of industries, fish farming, recreation, etc.
Distribution of water users by type of water use
The priority type of water use is to meet the drinking and household needs of the population. The situation with drinking water supply in Russia is quite alarming. Only 61% of the population is provided with good-quality drinking water, and 28% with conditionally good-quality drinking water. More than 22% of residents use decentralized sources without appropriate water treatment. About 700 thousand people living in 44 constituent entities of the Russian Federation use imported water as drinking water. The situation is especially acute in Yakutia and Kalmykia, where more than 30 and 20% of the population, respectively, use imported water. In urban settlements, the share of housing stock equipped with running water is 90%, in rural settlements – 49%. Commissioning of new water supply networks compared to the early 1990s. decreased several times. Increased wear and tear water supply network- the main reason for the increase in the share of leaks and unaccounted for water consumption in relation to the volume of water supplied to the network (on average in Russia it increased from 15.3% in 2000 to 22.5% in 2012). In a number of regions, the share of leaks exceeds 40%; in Moscow, St. Petersburg, Moscow and Kursk regions – 10–12%. The state of the water supply and sewerage system is assessed as critical - the depreciation of fixed assets ranges from 50 to 70%. The number of accidents in the water supply system has been decreasing since 2005, but is still 2–3 times higher than European indicators.
The balance of domestic and drinking water supply accounts for 45% of the water volume, which is much lower than in most European countries (70–90%), although underground sources are more protected than surface ones and provide water of higher quality.
Through wastewater treatment plants 60% of the amount of water supplied to the network is passed through for preliminary purification and water treatment. The condition of both surface and underground sources of centralized drinking water supply and the quality of water in places of water intake is improving slowly. The share of water samples that did not meet hygienic standards for sanitary and chemical indicators in 2012 was 22%, and for microbiological indicators – 17.5%. The share of water samples from sources of non-centralized water supply in rural areas (wells, spring captures) was 25 and 20%, respectively.
At the same time, in the last 10–15 years there has been a significant reduction in the volume of water used for household and drinking needs. For example, in Moscow for 2000–2011. water consumption per person decreased by 50% (in Russia - by 30%). Many cities are implementing a set of water-saving measures to rationally use water in their housing stock. It includes the reconstruction and adjustment of water supply systems in residential neighborhoods, elimination of leaks in supply and intra-house networks, installation of water flow regulators, installation of water-saving sanitary fittings and apartment water meters, and improvement of the water metering system. The increase in tariffs for supplied water also had an impact.
The consumer properties of drinking water have led to its widespread use in industrial production technologies. At manufacturing enterprises, 70–90% of water is used as a refrigerant that cools products in heat exchangers, or to protect individual elements of machines and installations from excessive heating; 10–20% is lost to evaporation or is part of the manufactured product; 5–13% is used to purify products or raw materials from impurities (steel pickling, textile cleaning, food products etc.), and also as a transport medium (in the paper industry - for transporting raw paper pulp in the form of an aqueous suspension). Water savings when using recycling and re-consecutive water supply systems in manufacturing industries exceed 90%.
Technologies used in the extraction of mineral resources can be divided into two groups: technologies for the extraction of coal and ore and for the extraction of oil and gas. A common method of mining coal and ore minerals is hydraulic mining, which involves exposing ore rocks to a high-pressure jet of water. The ore rock is destroyed and mixed with water, forming a pulp, which is pumped out by pumping stations and filtered. During oil and gas production, water is pumped into the oil and gas bearing formation through special wells, which increases the pressure of oil and gas and increases the life of the well. As a rule, this technique is used for secondary and subsequent oil and gas production in fields.
In first place in terms of volumes of water use is the production of electricity, steam and hot water. At thermal power plants, water is used to produce steam in boilers, steam generators, boiling-water nuclear reactors, evaporators, and steam converters; condensation of steam exhausted in steam turbines; cooling of various devices and units of thermal power plants and nuclear power plants; for the production of heating water. The bulk of the water is used to cool turbine condensers. Thermal power plants use two types of water supply: once-through systems and sequential and circulating systems. The Water Code of the Russian Federation (Article 60) prohibits the design of direct-flow water supply systems. In 2012, water savings using recycling and sequential water supply systems in this industry exceeded 76%.
Russia has significant hydropower potential, ranking second in the world after China. However, this potential is used only by 20%, while in France and Switzerland the degree of its development is > 90%, in Canada and Norway > 70%, in the USA and Brazil > 50%. The share of electricity produced by hydroelectric power plants does not exceed 18% of total electricity production in Russia. The main reason for the poor development of hydropower potential is its significant distance from electricity consumers: 90% of it is concentrated on the rivers of Siberia and the Far East. Almost no hydroelectric power station cascade was created to solve only energy problems. Large hydropower facilities were, as a rule, the basis for the industrial development of the areas where they were located, and in some cases, large regions of the country. One of the major obstacles along the way further development construction of hydroelectric power stations - their negative impact on the environment (land flooding, climate change, damage to fisheries and ecotourism).
Agriculture is one of the main types of water use in terms of total (23% in 2012) and especially in terms of irreversible withdrawals. In the world, a sixth of the land is reclaimed and 40–50% of all agricultural products produced are obtained from it. In Russia, the area of reclaimed land is less than 6% of land, from which 15% of agricultural products are obtained. In the mid-1980s. 20–21 km 3 of water was spent for the needs of regular and estuary irrigation, in 2012 – 7.4 km 3 of water; this is due to a reduction in irrigated areas from 5.0 to 2.4 million hectares and a decrease in irrigation standards. Agricultural water supply systems meet the need for drinking water population, animals, processing and service industries of the agro-industrial complex. They are based primarily on groundwater – 85% of the volume. In regions with a shortage of water resources, group water pipelines have been built with water intakes mainly from surface sources and water supply over long distances.
In the total volume of catches of aquatic biological resources, the share of inland water bodies is 7–8%. Russia has the world's largest stock of fishery reservoirs: the water surface area of lakes is 22.5 million hectares, reservoirs are 4.3 million hectares, agricultural reservoirs for complex purposes are 1 million hectares, ponds are 142.9 thousand hectares; the total length of the rivers is 523 thousand km. At the same time, no more than 5–6% of this fund is currently used for the development of aquaculture. Highest value The lower reaches of the Volga and Don rivers, the rivers of Siberia (Ob, Yenisei, Lena, Yana), the Far East and the North-West are used for fishing and reproduction of fish stocks. The main part of the pond fund, which includes feeding and nursery areas, is located in the Southern Federal District - the most favorable climatic conditions for pond fish farming.
Inland water transport includes the river fleet and the necessary infrastructure for its maintenance - ports and marinas; locks that allow ships to pass between water basins and through hydraulic structures; inter-basin connections and canals; shore and floating signs; pumping stations providing water supply to waterways. From the point of view of water use, the peculiarity of the operation of water transport is the presentation minimum requirements to the quality of water resources. However, water transport is one of the sources of water pollution, primarily with oil products and suspended matter. Infrastructure also has a negative impact on water resources. The main advantage of water transport is the ability to deliver goods and passengers to hard-to-reach regions.
The purpose of timber rafting is to deliver harvested timber to points of consumption or transship it to another type of transport. There are rafts and timber rafts. In the USSR, moths accounted for about half of the total volume of timber floating. In Russia in the early 1990s. Mole rafting was practiced on 275 rivers. Currently, rafting of timber without ship traction on water bodies used for navigation and moth rafting of timber on water bodies is prohibited (Water Code of the Russian Federation, Article 48). Under the influence of timber rafting, the natural state of riverbeds is disrupted, watercourses and reservoirs become clogged with submerged wood, spawning areas are destroyed, and congestions are formed that impede the movement of fish and contribute to siltation of riverbeds and spawning grounds. Flooded wood imparts toxic properties to water and changes its hydrochemical composition. As a result of the entry and subsequent decomposition of easily oxidized organic compounds in water, the content of soluble oxygen decreases, color changes, and oxidability increases.
Water bodies are a favorite place for recreation, sports, tourism, and people’s health. In Russia, 60% of sanatoriums, more than 80% of recreational facilities, 60% of tourist centers and 90% of recreational facilities for the largest suburban holiday in the country are located on the banks of reservoirs. Recreation on water bodies, as an important part of the recreation industry, includes swimming, rowing, boating, sunbathing and air bathing. Swimming and fishing areas should have high water quality, therefore wastewater discharge near recreation areas is prohibited, and coastal strips and the bottom of reservoirs should be periodically cleaned. In a number of places, the use of motor boats and boats for the purpose of protecting reservoirs and watercourses from pollution by flammable lubricants and from the destruction of banks by waves is sharply limited, especially on small rivers. Over two thirds of river tourist routes pass through the European part of Russia.
Uncoordinated water use leads to increased stress on the environment. An ecological release is understood as the flow of a regulated river, ensuring the reproduction and functioning of aquatic and near-water ecosystems in the downstream of a hydroelectric complex. Ecological releases must ensure the maintenance of the necessary conditions for the existence and reproduction of the fish stock and the functioning of the aquatic and near-water ecosystems that have developed at a given site, helping to increase their biological productivity. Environmental releases also include routine releases that ensure the removal of salts coming with drainage waters (on rivers with developed irrigation); preventing the river bed from rising due to sediment deposition (on rivers with high turbidity
An object of water relations is a water body, i.e. a concentration of water on the surface of the land in its relief forms or in the depths, having boundaries, volume and features of the water regime, or part of it. Types of water bodies:
1) Surface water bodies:
Seas or their individual parts (straits, bays, including bays, estuaries and others);
Watercourses (rivers, streams, canals);
Reservoirs (lakes, ponds, flooded quarries, reservoirs);
Natural outlets of groundwater (springs, geysers);
Glaciers, snowfields.
They consist of surface water and land covered by it within the coastline. The coastline (border of a water body) is determined for:
a) the sea - along a constant water level, and in the case of periodic changes in water level - along the line of maximum ebb;
b) rivers, streams, canals, lakes, flooded quarries - according to the average long-term water level during the period when they are not covered with ice;
c) ponds, reservoirs - according to the normal retaining water level;
d) swamps - along the border of a peat deposit at zero depth.
2) Groundwater bodies:
Groundwater basins;
Aquifers.
The subjects of water use are: citizens and legal entities.
Ownership of water bodies.
Water bodies are owned by the Russian Federation (federal property). Exceptions: A pond, a flooded quarry, located within the boundaries of a land plot owned by a constituent entity of the Russian Federation, MO, FL, LE are respectively owned by these persons and entities. The right of ownership to a pond or a flooded quarry is terminated simultaneously with the termination of the right of ownership to the corresponding land plot within the boundaries of which such water bodies are located. Such ponds and quarries can be alienated in accordance with civil and land legislation. The alienation of such water bodies is not permitted without the alienation of the land plots within whose boundaries they are located. Data land are not subject to division if, as a result of such division, the division of a pond or a flooded quarry is required.
Use of water bodies: concept and types. General water use.
The right to water use is a set of specific powers of a subject in relation to the water body provided to it for use.
Types of water use:
1. Based on the conditions for providing water bodies for use, water use is divided into:
a) joint water use;
b) separate water use.
Separate water use can be carried out on water bodies or parts thereof that are owned by individuals, legal entities, water bodies or parts thereof that are in state or municipal ownership and provided to ensure the defense of the country and state security, other state or municipal needs, the provision of which excludes the use water bodies or parts thereof by other individuals or legal entities, as well as for the implementation of aquaculture (fish farming).
2. According to the method of using water bodies, water use is divided into:
a) water use with the intake (withdrawal) of water resources from water bodies, subject to the return of water to water bodies;
b) water use with the intake (withdrawal) of water resources from water bodies without returning water to water bodies;
c) water use without withdrawal (withdrawal) of water resources from water bodies.
General water use.
Surface water bodies that are state or municipal property are objects of public use, that is, accessible to the public. Every citizen has the right to have access to such objects and use them free of charge for personal and domestic needs.
At water bodies of public use, the intake (withdrawal) of water resources for the purposes of drinking and household water supply, swimming, the use of small boats, jet skis and other technical equipment intended for recreation on water bodies, watering, and other prohibitions may be established. .
A strip of land along the coastline of a public water body (shoreline) is intended for public use. The width of the coastline is twenty meters, with the exception of the coastline of canals, rivers and streams, the length of which from source to mouth is no more than 10 km. Their width is 5 meters. The coastal strip of swamps, glaciers, snowfields, natural outlets of groundwater (springs, geysers) is not defined. Every citizen has the right to use (without the use of mechanical Vehicle) the coastal strip of public water bodies for movement and stay near them, including for recreational and sport fishing and mooring of floating craft.
one of the main institutions of water law, regulating various shapes consumption of water resources. The water legislation of the Russian Federation distinguishes three types of water rights: long-term, short-term and limited (water easement). According to the target attribute, economic (industrial, transport, irrigation, etc.), environmental, recreational, scientific, emergency and other types of water are distinguished. general rule The water legislation establishes the principle of payment for water (see Payment for water).
Excellent definition
Incomplete definition ↓
WATER USE
use of water in accordance with the procedure established by law. In the USSR, all water resources are nationalized and are the exclusive property of the state. The nationalization of waters was established by the decree “On Land” and enshrined in Art. 6 of the USSR Constitution.! The nationalization of water, combined with the nationalization of land, created for the Soviet state the best opportunities to use water resources on the basis of national economic plans and in accordance with the requirements of the economic laws of socialism. The directives for the fifth five-year plan adopted by the 19th Party Congress contain a new grandiose program of water management measures, the implementation of which will significantly expand the country's water supply and ensure a large increase in agricultural productivity and the amount of electricity in the country. Water is used for a variety of purposes: For transport, timber rafting, for drinking, for industrial needs, for hydropower, fishing and hunting, for medical, sanitary and hygienic purposes, for sports, etc. Especially great importance has water for agriculture in arid regions, where water is used to organize irrigated agriculture (irrigation) or to provide waterless and low-water areas with wells and reservoirs for watering livestock and household needs (irrigation).
By general rule, the use of water is complex: the same body of water can be used for various purposes (for example, for transport, fisheries, irrigation, etc.). However, even with the integrated use of water, depending on the main purpose of the reservoirs, the bodies under whose jurisdiction they are determined are also determined. V. is carried out either by the Soviet state itself through state enterprises and farms ( industrial enterprises, state farms, etc.) or transferred to collective farms, cooperative and public organizations and individual citizens to meet their needs. The procedure for water supply is different, depending on from which water sources the water is provided (from natural water sources - rivers, lakes, from state irrigation systems, from ponds and reservoirs located on the territory of farms - collective farms, state farms, etc.) and for for what purpose the water is provided.
Water from natural sources for drinking, livestock watering and household (non-industrial) needs is permitted everywhere in compliance with established sanitary and water engineering rules; at the same time, the water user does not have the right to change the water regime of the river and violate the interests of other water users. Communal water supply in cities is carried out, as a general rule, through a system of water pipelines or other structures under the jurisdiction of city councils. V. for industry, railway. transport, etc. is carried out according to appropriate plans by obtaining water from certain water sources (in cities also usually through a water supply system). From state irrigation systems, water is supplied for irrigating crops, plantings and natural hayfields, for industrial, domestic and other needs under agreements concluded by water users with irrigation system departments in accordance with approved plans. The use of ponds and reservoirs located on the territory of collective farms, state farms and other land users for the purposes of irrigation and water supply, for the purposes of fish farming and the production of hydropower for agricultural needs is carried out by the land users themselves.
The legislation on agricultural agriculture in arid regions has been developed in the most detail. The supply of water from irrigation systems is carried out in accordance with plans drawn up by the management of irrigation systems on the basis of on-farm V. plans approved by the district executive committees for each collective and state farm and applications of enterprises, institutions and other water-using farms for water for industrial, economic, domestic and other needs. On-farm plans for each collective and state farm must include the purposes for which water is supplied, the quantity and timing of water supply, and be drawn up taking into account new system irrigation. Irrigation system departments enter into agreements with water users; at the same time, the on-farm plans of collective and state farms are included in the contract as its component part.
In order to ensure the correct and economical use of water, a monetary payment has been established for the water supplied, collected from water users in the amount established by law. Collective farms, state farms and other water-using farms are obliged to correctly and economically use the water they receive, maintain the on-farm irrigation network in order, prepare the soil for irrigation, and are also obliged to take free share participation in the cleaning and repair of irrigation systems.
The criminal codes of the Central Asian republics establish liability for violations of the order of water, including unauthorized seizure of water from state irrigation canals, digging of banks, opening of sluices, etc., for pollution of water in a canal, and for other violations of order.
The Party and the Government pay great attention to the development of water management measures.
Excellent definition
Incomplete definition ↓
Loading...