LAW OF THE REPUBLIC OF ARMENIA

of June 29, 2002 No. ZR-374

About societies of water users and associations of societies of water users

List of amending documents

Accepted on June 4, 2002

Chapter 1. General provisions

Article 1. Law tasks

Task of this Law is establishment of bases of activities of societies of water users and associations of societies of water users, the bases of their creation and the termination of their activities, and also the principles of their relations with the state and other bodies for the purpose of increase in efficiency of irrigational system of the Republic of Armenia.

Article 2. Legislation on societies of water users and associations of societies of water users

Activities of societies of water users and associations of societies of water users are regulated by this Law, the Civil code of the Republic of Armenia, the Water code, other legal acts of the Republic of Armenia, charters of societies of water users and associations of societies of water users.

Article 3. The basic concepts used in the Law

The basic concepts used in this Law make the following sense:

society of water users (further - Society) - the organization created by water users according to this Law;

association of water users (further - Association) - the organization created by societies of water users according to this Law;

irrigational system - irrigation and drainage canals, pipelines, hydraulic engineering constructions, wells, pumping points, dikes with roads, buildings, power lines and other infrastructure, including conservation zones of water ecosystem;

the servicing territory - the geographical territory serviced by Association or Society which is in servicing of the irrigational system operated by them;

the servicing subterritory - certain part of the territory of servicing of Society which includes one intraeconomic irrigational system;

hydrounit - certain part of the territory of servicing which receives irrigating water from one source, head construction or floodgate;

representative zone - part of the territory of servicing of Society which water users elect from themselves one or several representatives for participation in representative assembly of Society;

the water user in the field of irrigation – each physical person or legal entity which for the purpose of the work of irrigation in accordance with the established procedure signed the delivery agreement of irrigational water with the supplier of water of the territory of servicing;

the services helping irrigation and agricultural industry – provision to water users, societies of water users, associations of societies of water users of such services, as crediting, agricultural deposits, expansion, training of agricultural industry and irrigation, ensuring substantive legal, accounting audit and consultation on technical issues, provision of oborudovaniye and computer programs and so on.

Article 4. Legal status, purposes and tasks of Society and Association

Society and Association are the organizations which are not pursuing the profit earning aims, having the status of the legal entity which perform operation and content of irrigational system, being guided by public concerns. Society and Association are based for the purpose of providing water users with irrigating water according to the procedure, provided by this Law and the legislation of the Republic of Armenia.

Society supplies with irrigating water of the water users located in the territory of servicing, and Association according to plans of basin management - societies in the territory of servicing.

Tasks of Society and Association are:

a) operation and content of irrigational system and distribution of water to the members on contractual basis according to the annual plan of water use;

b) supply with water of the water users located in the territory of servicing who are and not being members of Society and Association;

c) recovery of the irrigational system located in the territory of servicing and water sources and implementation of construction works;

d) acquisition at water users of irrigating water or water intake from natural water objects in the presence of the corresponding permission;

e) collection of the amounts for the rendered services from the members of Society and persons which are not members of Society and Association (including operating expenses and recovery of the water basin, conduit);

e) representation and protection of interests of members of Society and Association;

g) ensuring training of members of Society and Association in the advanced forms of irrigation and implementation of new methods and technologies of irrigation;

h) acquisition, replacement, operation and content of the hydrotechnical equipment;

i) management of water supply, and also target and rational use of waters, prevention of pollution and depletion of water objects;

j) implementation of necessary actions for the purpose of recultivation of lands, servicing of drainage system;

k) providing ecological safety, prevention of the phenomena of washing away, salinization and remoistening of lands, and also ensuring protection of irrigational system, water-collecting constructions;

l) participation in management of irrigational system according to the legislation of the Republic of Armenia.

The help of the state directed to operation and content of irrigational system and also other help of agricultural purpose can be provided through Societies and Associations.

Article 5. Principles of activities of Society and Association

Society and Association in the procedure established by this Law and other legal acts perform only functions on operation and content of irrigational system.

Society and Associations under the organization of the activities are guided by the following principles:

a) providing the right of participation of all possible participants under organization of Society and Association;

b) adoptions of fair and legal decisions in Society and Association;

c) rights to free receipt by members of Society and Association of information on activities of Society and Association;

d) equitable distribution of water to the members of Society and Association and persons which are not members of Society and Association taking into account amount of water and land grounds and the cultivated plants of each member of Society and Association and person which is not the member of Society and Association which are subject to irrigation;

e) rational and economical use of water inventories, reducing non-productive losses;

e) providing rights and legitimate interests of water users;

g) ensuring all legal measures on collection of appropriate means on the expenses established for works on water supply, operation and reconstruction.

Article 5.1. Rights and water user's obligations

The water user has the right:

a) in the cases established by the law and the agreement and procedure to receive irrigational water;

b) in the procedure established by the law to establish Society;

c) be a member of Society;

d) study the charter, the internal regulations, the regulations of the commission on the dispute resolution, regulations of powers and activities of audit committee of Society;

e) participate on commission sessions according to the dispute resolution of Society.

The water user shall:

a) for receipt of irrigational water to sign the delivery agreement of irrigational water with Society;

b) to make payment for the irrigation water delivered within every month by transfer of the amount into the corresponding account of the company in the form of bank, post or other transfer to the 15th following after this month.

Article 5.2. Rights and obligations of Society or Association

Society or Association according to the purposes of the charter and in the procedure established by the charter has the right:

a) perform necessary works for implementation of the purpose and tasks of Society or Association;

b) to freely distribute information on the activities;

c) create separate divisions (branches, representations) and organizations;

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