LAW OF THE REPUBLIC OF MOLDOVA

of July 9, 2010 No. 171

About irrigational associations

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose and subject of the law

(1) the Purpose of this law is:

a) creation of the accurate legal basis for organization and functioning of irrigational associations as specific form of the organization of legal entities;

b) creation of the legal basis for transfer to free use to irrigational associations of the irrigational and/or drainage infrastructure which is public or private property;

c) creation by forming of irrigational associations of the effective controling mechanism the irrigational and/or drainage infrastructure which is in property of the state or administrative and territorial units, and also in private property.

(2) the Subject of this law are the relations connected with organization, activities, reorganization and liquidation of irrigational associations, transfer to free use (by the conclusion of the agreement of free use) irrigating and/or drainage systems, and also the relations arising between the specified associations and administrative authority which on behalf of the state manages the irrigational and/or drainage infrastructure which is in property of the state, the local authorities of the public power and persons having private systems in property in process and after transfer of irrigating and/or drainage systems to use to associations.

Article 2. Basic concepts

In this law the following basic concepts are used:

irrigational association (further - Association) - the form of merging of the physical persons and legal entities using water for irrigation according to provisions of this law, created for the purpose of management, operation and content in public concerns and for the benefit of the members of irrigating and/or drainage system that formed the basis of creation of this form of consolidation;

irrigating system - the isolated hydraulic network consisting of pumping points, channels, water supply systems, water storage basins and hydrants which are used for water intake from the rivers or reservoirs and its giving to the parcel of land for its irrigation. The irrigating system includes also adjacent lands intended for protection of irrigational infrastructure, power line, sidings, and also the buildings, infrastructure and the other equipment necessary for operation, content and repair of irrigating system. The irrigating system includes also adjoining drying network;

drainage system - the hydraulic network isolated or connected with irrigational system consisting of channels, water supply systems, water storage basins, pumping points and other hydraulic engineering constructions which are used for regulation of level of surface ground waters by deduction or removal them to the river or water storage basin. The drainage system includes also adjacent lands intended for protection of irrigational infrastructure, power line, sidings, and also the buildings, infrastructure and the equipment necessary for operation, content and repair of drainage system;

servicing zone - accurately certain territory serviced by Association;

control and supervising division - division of administrative authority which manages on behalf of the state the irrigational and/or drainage infrastructure which is in public property of the state. The control and supervising division is responsible for implementation of the rights and obligations of body of public management for the deed of conveyance of the irrigating and/or drainage system which is public property of the state in use of Association;

the sector - part of zone of servicing on which it is divided including for the purpose of delegation of representatives into general meeting;

the representative of the sector - the member of Association from any sector, authorized to represent the relevant sector on general meeting;

pumping point - the hydraulic engineering construction which is component of irrigating system consisting of designs and the installations/equipment (pumps, engines, pipelines, valves, filters, management systems and other service equipment) and used for fence, rise, forcing and water supply in distribution networks and irrigating systems;

mobile pumping point - the figurative installation equipped with pumps, engines and other service equipment, intended for water supply from the rivers, lakes, underground waters and/or water storage basins and used for the temporary purposes or in zones where there is no permanent pumping infrastructure;

floating pumping point - pumping point with the processing equipment placed on one or several constructions of ship type equipped with the hinged systems of connection with the coast ensuring functioning in the conditions of variable water level in source;

the drainage station - the hydraulic engineering construction which is part of drainage system, intended for removal of water from lands or from zones with the increased humidity by means of pumps and drainage systems for the purpose of prevention of floods, rational management of ground waters, improvement of condition of soils or in other specific purposes;

the mobile drainage station - the figurative installation equipped with pumps, engines, the service equipment and drainage systems, intended for removal of water from lands or from zones with the increased humidity, which is temporarily used for the purpose of prevention of floods, rational management of ground waters or improvement of condition of soils;

the fertigatsionny station - the technical installation intended for entering into the soil through irrigating systems of fertilizers and other nutrients by their mixing with water for the purpose of ensuring optimum supply of plants with the nutrients promoting increase in productivity of agricultural production;

small irrigating system - the hydromeliorative infrastructure organized on small sites including the pumping and drainage points used for irrigation and/or drainage of farmlands;

centralized irrigating system - the site equipped with the large hydromeliorative infrastructure intended for irrigation of the extensive farmlands which are in state-owned property which includes single network of pumping points, the bringing channels, the bulk and distribution pipelines, water storage basins and other special equipment which provide fence, giving and distribution of water on farmlands.

Article 3. Legal position of Association

(1) the Association is the non-profit organization which is voluntarily founded in the procedure provided by this law by the physical persons and legal entities using irrigation and drainage of lands in the activities.

(2) Full name of Association includes the phrase "Irrigational Association", the name of the settlement within which the Association, or other determining name operates on state language.

(3) Based on one irrigating system which zone of servicing is limited to one sector only one association can be established.

(3-1) in case of the irrigating and/or drainage systems servicing several sectors, associations can be created at the level of the sector provided that their activities will not break activities of systems in general. Separation and transfer to use of separate structural elements, the equipment and the mechanisms of pumping point or other infrastructure facilities which are part of irrigating system are not allowed. The pumping point and other infrastructure facilities can be transferred to use only entirely.

(3-2) in case of the irrigating and/or drainage systems adjoining to each other the associations including several irrigational systems can be created provided that their activities will not exert negative impact on activities of systems in general.

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