WATER CODE OF THE REPUBLIC OF MOLDOVA

of June 22, 1993 No. 1532-XII

The parliament of the Republic of Moldova accepts this code which determines the main legal framework for development of the special regulations and instructions governing the relations arising when using of water fund (further - the water relations), for the purpose of:

a) ensuring rational use of waters for needs of the population and national economy;

b) protection of waters from pollution, contamination and depletion;

c) prevention and elimination of harmful effects of waters;

d) improvements of condition of water objects and their preserving for present and future generations;

e) protection of the rights of legal entities and physical persons;

f) strengthenings of legality in the field of the water relations.

SECTION I GENERAL PROVISIONS

Chapter I BASIC PROVISIONS

Article 1. Basic concepts

In this code the basic concepts have the following value:

water fund - set of the water objects within the territory of the Republic of Moldova included or which are subject to inclusion in the water inventory;

surface water - waters which constantly or temporarily are in superficial water objects;

underground waters - waters which are in underground water objects and are underground minerals;

water object - concentration of water on surface in forms of land relief or in subsoil, having borders, amount and characteristics of the water mode;

superficial water object - concentration of natural waters on the Earth's surface (the rivers, natural and artificial reservoirs, springs, etc.);

natural water objects - the rivers, streams, flooded areas, lakes, water storage basins functioning in the natural or meliorative mode with their flooded zones;

artificial water objects - the ponds, water storage basins formed by damming or odambirovaniye;

single and indivisible water object - surface water, including the earth which is under water, coastal water preserving strip and regulatory hydraulic engineering constructions, and also underground waters with the limiting their water-bearing layer and waterproof breed;

the isolated (closed) water objects - the artificial water objects with limited surface which do not have the hydraulic message with other superficial water objects;

fishery water objects - all waterways and reservoirs (the rivers, inflows, lakes, ponds, water storage basins) which serve or can serve for the purpose of reproduction, cultivation and production of fish and other water organisms;

pond - the artificial reservoir formed by damming by earth water retaining constructions or withdrawal of waterway, intended for cultivation of fish, irrigation, etc.;

water storage basin - the artificial reservoir constituting water-supply with its possible use in the different purposes;

the concept is used only in the text in state language;

dike (dam) - the earth, stone or concrete hydraulic engineering construction for deduction of certain amount of water;

coastal water preserving strips - the earth strips equipped along coast of natural and artificial water objects, intended for protection of waters;

water management activities - the activities of legal entities or physical persons connected with fence, use and protection of water resources;

water use - the activities of legal entities or physical persons regulated by the law and directed to use of water objects;

subjects of the isolated water use - legal entities or physical persons to which water object (or its part) on the basis of the decision of body of the public power was provided in use;

protection of water objects - the obligatory activities of water management structures, bodies for environmental protection and bodies of local public authority directed to protection, maintenance and recovery of initial quantitative and high-quality parameters of water object.

advanced technologies - the latest methods, the equipment and methods of operation corresponding to certain measures for restriction of dumping of sewage, emissions and the number of waste.

Article 1.1. Property on water objects

Water objects in the Republic of Moldova can belong as public property to the state or administrative and territorial units or as private property to legal entities or physical persons.

Article 1.2. Public property on water objects

(1) the Water objects which are public property can be provided only in use. Provision in use of the water objects which are public property is performed depending on their value by the Government or bodies of local public authority.

(2) the Water objects which are in public property of the state are controlled the special body authorized by the Government.

(3) Water objects cannot be at the same time in property of several persons of law on public property.

(4) Differentiation of water objects on the water objects which are in public property of the state, and the water objects which are in public property of administrative and territorial units is made according to the current legislation.

Article 1.3. Water object

Natural or artificial water object (water, the earth which is under water, coastal water preserving strips, hydraulic engineering constructions) is single and indivisible object and is registered according to the procedure, established by this code.

Article 2. Water fund

The water fund includes all natural and artificial water objects which are in the territory of the Republic of Moldova.

Article 2.1. Earth of water fund

(1) the lands occupied with the rivers, lakes, ponds, water storage basins, swamps, hydraulic engineering constructions and other water management constructions and also the lands allocated under branch strips on coast of the rivers, reservoirs, the main intereconomic channels and collectors belong To lands of water fund.

(2) Reference of lands to lands of water fund and determination of their borders is made according to the land legislation.

(3) the Property right to lands of water fund is performed according to the Law on the lands which are in public property, and their differentiation N 981-XV of May 11, 2000, the Civil code, this code and other legal acts.

Article 2.2. The water objects which are in public property of the state

Are in public property of the state:

a) the superficial water objects located in the territory of two and more areas;

b) underground waters;

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