WATER CODE OF THE RUSSIAN FEDERATION

of June 3, 2006 No. 74-FZ

It is approved by Council of the Russian Federation on May 26, 2006

Chapter 1. General provisions

Article 1. The basic concepts used in this Code

For the purpose of of this Code the following basic concepts are used:

1) the water area - water space within natural, artificial or conditional borders;

2) water economy - types of economic and other activity on studying, use, protection of water objects, and also on prevention of negative impact of waters and liquidation of its effects;

3) water resources - surface and underground water which is in water objects and are used or can be used;

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

5) the water mode - change in time of level, expense and amount of water in water object;

6) water fund - set of water objects within the territory of the Russian Federation;

7) ceased to be valid according to the Federal Law of the Russian Federation of 07.12.2011 No. 417-FZ;

8) the water user - physical person or the legal entity which are granted right to use by water object;

9) water consumption - water consumption from water supply systems;

10) ceased to be valid according to the Federal Law of the Russian Federation of 07.12.2011 No. 417-FZ;

11) water management system - complex of water objects and intended for ensuring rational use and protection of water resources of hydraulic engineering constructions;

12) 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 (water use);

12. 1) ground soil - the soil of bottom of water objects extracted during the carrying out dredging, hydrotechnical works, construction, reconstruction, operation of hydraulic engineering and other constructions, artificial islands, the installations located on water objects, creation and content of inland waterways of the Russian Federation, prevention of negative impact of waters and liquidation of its effects and in other cases established by the Federal Laws;

13) drainage waters - waters which removal is performed by drainage constructions for dumping into water objects;

14) use of water objects (water use) use by different methods of water objects for requirements satisfaction of the Russian Federation, subjects of the Russian Federation, municipalities, physical persons, legal entities;

15) depletion of waters - permanent reducing inventories and quality degradation of surface and underground water;

16) negative impact of waters - flooding, flooding or destruction of coast of water objects;

17) protection of water objects - system of the actions directed to preserving and recovery of water objects;

18) the river basin - the territory, the superficial drain of waters with which through the connected reservoirs and waterways is performed to the sea or the lake;

19) sewage - rain, thawed, infiltration, watering, drainage snow, sewage of centralized system of water disposal and other waters, assignment (dumping) of which into water objects it is performed after their use or the drain of which is performed from the catchment area.

Article 2. Water legislation

1. The water legislation consists of of this Code, other Federal Laws and the laws of subjects of the Russian Federation adopted according to them.

2. The regulations governing the relations on use and protection of water objects (the water relations) and containing in other Federal Laws, the laws of subjects of the Russian Federation shall correspond to this Code.

3. The water relations can be governed also by presidential decrees of the Russian Federation which shall not contradict this Code, other Federal Laws.

4. The government of the Russian Federation publishes the regulatory legal acts governing the water relations within the powers determined by this Code, other Federal Laws, and also presidential decrees of the Russian Federation.

5. The federal executive bodies authorized by the Government of the Russian Federation publish the regulatory legal acts governing the water relations in cases and in limits which are provided by this Code, other Federal Laws, and also presidential decrees of the Russian Federation and orders of the Government of the Russian Federation.

6. On the basis and in pursuance of of this Code, other Federal Laws, other regulatory legal acts of the Russian Federation, the laws of subjects of the Russian Federation executive bodies of subjects of the Russian Federation within the powers can publish the regulatory legal acts governing the water relations.

7. On the basis and in pursuance of of this Code, other Federal Laws, other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation local government bodies within the powers can publish the regulatory legal acts governing the water relations.

Article 3. Basic principles of the water legislation

The water legislation and regulatory legal acts published according to it are based on the following principles:

1) the importance of water objects as basis of life and activities of the person. Regulation of the water relations is performed proceeding from idea of water object as about the most important component of the environment, the habitat of objects of animal and flora, including water biological resources, as about the natural resource used by the person for personal and domestic needs, implementation of economic and other activity, and at the same time as about object of the property right and other rights;

2) priority of protection of water objects before their use. Use of water objects shall not make negative impact on the environment;

3) preserving especially protected water objects, restriction or prohibition of use of which is established by the Federal Laws;

4) target use of water objects. Water objects can be used for one or several purposes;

5) priority of use of water objects for the purposes of drinking and economic and household water supply before other purposes of their use. Their provision in use for other purposes is allowed only in the presence of sufficient water resources;

6) participation of citizens, public associations in the solution of the questions concerning the rights to water objects, and also their obligations on protection of water objects. Citizens, public associations have the right to take part in preparation of decisions which implementation can make impact on water objects in case of their use and protection. Public authorities, local government bodies, subjects of economic and other activity shall provide possibility of such participation according to the procedure and in forms which are established by the legislation of the Russian Federation;

7) equal access for the physical persons, legal entities to acquisition of right of use of water objects, except as specified, provided by the water legislation;

8) equal access for physical persons, legal entities to acquisition to property of water objects which according to this Code can be in property of physical persons or legal entities;

9) regulation of the water relations in borders of basin districts (basin approach);

10) regulation of the water relations depending on features of the mode of water objects, their physiographic, morphometric and other features;

11) regulation of the water relations proceeding from interrelation of the water objects and hydraulic engineering constructions forming water management system;

12) publicity of implementation of water use. Decisions on provision of water objects in use and agreements of water use shall be available to any person, except for information referred by the legislation of the Russian Federation to category of limited access;

13) complex use of water objects. Use of water objects can be performed by one or several water users;

14) paid nature of use of water objects. Use of water objects is performed for a fee, except as specified, established by the legislation of the Russian Federation;

15) economic incentives of protection of water objects. In case of determination of payment for use of water objects expenses of water users on actions for protection of water objects are considered;

16) use of water objects in places of traditional accommodation of indigenous ethnic groups of the North, Siberia and the Far East of the Russian Federation for implementation of traditional environmental management.

Article 4. The relations regulated by the water legislation

1. The water legislation governs the water relations.

2. The property relations connected with turnover of water objects are determined by the civil legislation in that measure in what they are not settled by this Code.

Article 5. Superficial water objects and underground water objects

1. Water objects depending on features of their mode, physiographic, morphometric and other features are subdivided on:

1) superficial water objects;

2) underground water objects.

2. Treat superficial water objects:

1) seas or their separate parts (passages, gulfs, including bays, estuaries and others);

2) waterways (rivers, streams, channels);

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

4) swamps (low-lying, transitional, riding);

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

6) glaciers, snow patches.

3. Superficial water objects consist of surface water and lands covered with them within the coastline.

4. The coastline (border of water object) is determined for:

1) the seas - on permanent water level, and in case of periodic change of water level - in the area of the maximum outflow;

2) the rivers, stream, the channel, the lake, the flooded pit - on the mean annual level of waters when they are not covered with ice;

3) pond, water storage basin - on normal retaining water level;

4) swamps - on peat deposit border at zero depth.

4.1. The procedure for determination of location of the coastline (border of water object), cases and frequency of its determination are established by the Government of the Russian Federation. Requirements to the description of location of the coastline (borders of water object) are established by the federal executive body authorized by the Government of the Russian Federation.

5. Treat underground water objects:

1) groundwater reservoirs;

2) water-bearing horizons.

5.1. Classification of the water-bearing horizons (the first, second and other water-bearing horizons) affirms the federal executive body authorized by the Government of the Russian Federation.

6. Borders of underground water objects are determined according to the legislation on subsoil.

Article 6. Water common use facilities

1. The superficial water objects which are in the state-owned or municipal property are water common use facilities, that is public water objects if other is not provided by this Code.

2. Each citizen has the right to have access to water common use facilities and free of charge to use them for personal and domestic needs if other is not provided by this Code, other Federal Laws.

3. Use of water common use facilities is performed taking into account rules of use of water objects for the recreational purposes approved according to article 50 of this Code and also taking into account rules of use of water objects for personal and domestic needs.

4. On water common use facilities can be prohibited fence (withdrawal) of water resources for the purposes of drinking and economic and household water supply, bathing, use of the small size vessels, water bikes and other technical means intended for rest on water objects, watering place and also are established other prohibitions in cases, stipulated by the legislation the Russian Federation and the legislation of subjects of the Russian Federation.

5. Information on restriction of water use on water common use facilities is provided to citizens by local government bodies through mass media and by means of the special information signs established along coast of water objects. Different ways of provision of such information can be also used.

6. The earth strip along the coastline (border of water object) of water common use facility (shore) intends for general use. Width of shore of water common use facilities constitutes twenty meters, except for shore of channels, and also rivers and streams which extent from source up to the mouth no more than ten kilometers. Width of shore of channels, and also rivers and streams which extent from source up to the mouth no more than ten kilometers, make five meters.

7. The shore of swamps, glaciers, snow patches, natural exits of underground waters (springs, geysers) and other water objects provided by the Federal Laws is not determined.

8. Each citizen has the right to use (without use of motorized vehicles) shore of water common use facilities for movement and stay about them, including for implementation of amateur fishery and mooring of watercrafts.

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