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Ministry of Justice

Republic of Tajikistan 

 On April 6, 2020 No. 36

WATER CODE OF THE REPUBLIC OF TAJIKISTAN

of April 2, 2020 No. 1688

Accepted by the Resolution MH MOPT of February 12, 2020, No. 1596

Approved by the Resolution MM MORT of March 19, 2020, No. 756

This Code governs the public relations connected with ownership, use and the order of waters and water objects and is directed to protection and rational use of water resources, and also to legal protection of water users.

Chapter 1. General provisions

Article 1. Basic concepts

In this Code the following basic concepts are used:

- water resources - surface and underground water which is used or can be used in economic or other activity;

- drainage waters - the waters collected by drainage constructions and dumped in water objects;

- water resources management - package of measures, the regulations and rules providing effective planning, steady management, rational use and protection of water resources, and also protection of settlements, farmlands, the industrial territories and all types of property from negative impact of waters;

- the integrated water resources management - the management system water resources based on accounting and interaction water (surface, underground and returnable water) and land, and also related other natural resources in certain hydrographic borders, lashing interests of different industries and levels of hierarchy of water use and use of natural resources, involving them in decision making process, planning, financing, protection and development of water resources for the benefit of sustainable development of society and environmental protection;

- water management constructions - the engineering constructions and devices intended for intake (withdrawal), transportation, processing of waters, dumping of sewage, regulation of water flows, needs of navigation, protection of waters and prevention of negative impact of waters (water intaking constructions, channels, dikes, dams, locks, water-engineering systems, pumping points, conduits, collectors and other similar engineering constructions and devices);

- the water user - the physical person or legal entity receiving in accordance with the established procedure water for ensuring the needs;

- use of water objects - use of water objects by different methods for requirements satisfaction of physical persons and legal entities;

- the water-bearing horizon - layers of water-permeable rocks, homogeneous or close on fatsialno-lithologic structure and hydrogeological properties, emptiness (time, cracks) which are filled with gravitational waters;

- depletion of waters - steady reducing inventories and quality degradation of surface and underground water;

- the water management site - the part of the river basin having the characteristics allowing to set limits of fence (withdrawal) of water resources from water object and other parameters of use of water object;

- the catchment area - the territory which drain creates water object;

- source of drinking water supply - natural waters (superficial and underground) which are used for drinking water supply after the corresponding processing or without it;

- the water area - the water space limited to natural, artificial and (or) conditional borders;

- the limited territory - the territory in which intraeconomic water management constructions are located;

- the basin plan for water resources management - the document reflecting assessment of the existing condition of forming, use and protection of water resources, development of the water consuming economy industries in the pool, their needs for water resources in the short-term, medium and long-term outlook taking into account providing sustainable development goals;

- drinking water - water on the quality and safety in natural state or after processing (cleaning, disinfecting, addition of missing chemicals), meeting the established normative requirements and intended for drink, cooking and other economic domestic needs of the population, and also for production of food products;

- surface water - waters, constantly or temporarily being in superficial water objects;

- underground waters - the waters which are in thicknesses of rocks of the upper part of terrestrial penalty in liquid, firm and gaseous conditions;

- sewage - waters and the atmospheric precipitation which is taken away in reservoirs from the territory of industrial enterprises, farmlands and the inhabited places through system of the sewerage, drainage or by gravity which property were worsened as a result of activities of the person;

- water object - natural or artificial reservoir, waterway or other object, permanent or temporary concentration of waters in which the characteristic forms and signs of the water mode are had;

- piping - collection and the direction in certain bed of waters for the purpose of their complete use and protection against pollution;

- water management system - complex of the connected water management constructions intended for ensuring rational use and protection of water resources;

- negative impact of waters - washout, erosion, flooding, flooding, destruction of coast of water objects, bogging and other negative impact on certain territories and objects;

- the river basin - the geographical area of forming of water resources determined by borders of catchment basin, including surface water and the runnings off taking general final place;

- groundwater reservoirs - set of the water-collecting horizons located in subsoil;

- maximum permissible dumping of sewage - the mass of substance in sewage, the most admissible to assignment in the set mode in certain Item of water object in unit of time for the purpose of ensuring regulations of quality of water in the checkpoint;

- protection of water objects - complex of the actions directed to protection, preserving and recovery of water objects;

- water ecosystem - the interconnected system of live organisms and the environment surrounding them in which there is cyclic interchange mineral and organic substances and energy in water object.

Article 2. Water legislation of the Republic of Tajikistan

The water legislation of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Tasks of the water legislation of the Republic of Tajikistan

Tasks of the water legislation of the Republic of Tajikistan are legal regulation of the water relations for the purpose of ensuring steady management and rational use of waters for needs of the population and industries of economy, protection of water objects from pollution, contaminations and depletions, preventions and liquidations of harmful effects of waters, improvements of condition of water objects, and also protection of the rights of physical persons and legal entities, strengthening of legality in the field of the water relations.

Article 4. Principles of the water legislation of the Republic of Tajikistan

The water legislation of the Republic of Tajikistan is based on the following principles:

- taking into account of the importance of water objects as basis of life and activities of the person;

- water resources are state-owned property;

- target use of water objects and water resources;

- priority of use of water objects for drinking and economic domestic needs of the population;

- basin water resources management;

- reducing and prevention of pollution of water resources;

- participation of concerned parties in preparation and decision making about water resources management;

- equal access of physical persons and legal entities to acquisition of right of use of water objects;

- rational and effective use of water resources;

- protection of water objects;

- non-admission of considerable above-standard negative impact on the environment when using water objects;

- regulation of the water relations depending on natural features of water objects;

- regulation of use of water resources from water objects by means of issue of permissions to special water use;

- implementation of innovative, water saving technologies, gages and accounting of use of water;

- economic incentives for water conservation;

- accounting of economic value of water resources;

- expense recovery, connected with the caused damage to water object;

- expense recovery for cleaning of the contaminated water object.

Article 5. State water fund of the Republic of Tajikistan

The state water fund of the Republic of Tajikistan (further - the state water fund) includes set of all water objects and the water resources concentrated in them within the territory of the Republic of Tajikistan, and also the lands occupied by them with the water protection zones.

Article 6. Water objects

1. Water objects are subdivided into superficial and underground water objects.

2. Superficial water objects consist of surface water and lands covered with them within the coastline. Treat superficial water objects:

- waterways (rivers, streams, channels);

- reservoirs (lakes, ponds, the flooded pits, water storage basins, selekhranilishcha);

- swamps;

- natural exits of underground waters (springs, geysers);

- glaciers, snow patches.

3. Treat underground water objects:

- groundwater reservoirs;

- water-bearing horizons.

4. Borders of underground water objects are determined according to the Law of the Republic of Tajikistan "About subsoil"

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