ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 18, 2023 No. 274

About procedure for preparation and the conclusion of the agreement of water use, introduction of amendments to some acts of the Government of the Russian Federation and recognition voided some acts and separate provisions of some acts of the Government of the Russian Federation

The government of the Russian Federation decides:

1. Approve enclosed:

Rules of preparation and conclusion of the agreement of water use;

form of the approximate agreement of water use;

changes which are made to acts of the Government of the Russian Federation.

2. Recognize invalid acts and separate provisions of acts of the Government of the Russian Federation according to the list according to appendix.

3. Items 157, 699 and 702 lists of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts are not applied separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" are not applied (Russian Federation Code, 2021, No. 2, Art. 471), to exclude.

4. Determine that the entries of state registration of documents in the state water register appropriated about day of entry into force of this resolution are used on an equal basis with numbers of registration entry in the state water register assigned with use of subsystem "The unified register of accounting of licenses (permissions)" of the federal state information system "Federal Register of the State and Municipal Services (Functions)" according to this resolution.

5. To provide to Federal Agency for Water Resources till December 1, 2023 in addition to the entries of state registration of documents in the state water register appropriated about day of entry into force of this resolution assignment of numbers of registration entry in the state water register with use of subsystem "The unified register of accounting of licenses (permissions)" of the federal state information system "Federal Register of the State and Municipal Services (Functions)" according to this resolution.

6. The realization of this resolution is enabled within the number of workers of the corresponding federal executive bodies, and also budgetary appropriations provided to these federal executive bodies in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.

7. This resolution becomes effective since September 1, 2023.

8. The rules approved by this resolution are effective within 6 years from the date of entry into force of this resolution.

Approved by the Order of the Government of the Russian Federation of February 18, 2023 No. 274

Rules of preparation and conclusion of the agreement of water use

1. These rules establish procedure for preparation and the conclusion of agreements of water use based on which according to part Items 1 or 3 2 Articles 11, Articles 15, of 47, 49 and 50 Water codes of the Russian Federation the water objects or their parts which are in federal property, property of subjects of the Russian Federation or property of municipalities (further - water object), are provided in use for the purpose of:

a) fence (withdrawal) of water resources from water objects according to part 3 of article 38 of the Water code of the Russian Federation;

b) uses of the water area of superficial water objects necessary for operation of ship-repair and ship-building constructions and occupied with hydraulic engineering constructions;

c) uses of the water area of water objects for the medical and improving purposes the sanatorium organizations;

d) uses of the water area of water objects for operation of the beaches by owners of the parcels of land which are in the state-owned or municipal property and located in borders of shore of water common use facility and also for the recreational purposes the sports organizations, tour operators or travel agents performing the activities according to the Federal Laws and for organized rest of children, veterans, citizens of advanced age and disabled people;

e) productions of electrical energy without fence (withdrawal) of water resources from water objects.

2. Action of these rules does not extend much preparation and the conclusion of the agreement of water use, the right to which conclusion is acquired at auction.

3. Preparation and the conclusion of the agreement of water use based on the appeal of physical person, the legal entity or the individual entrepreneur are performed:

a) Federal Agency for Water Resources or its territorial authorities - concerning the reservoirs which are in federal property which list according to part 2 of article 26 of the Water code of the Russian Federation affirms the Government of the Russian Federation, and also concerning the seas or their separate parts;

b) the executive body of the subject of the Russian Federation authorized on the conclusion of agreements of water use - concerning the water objects which are in property of subjects of the Russian Federation, and the water objects which are in federal property and the water objects provided by the subitem "an" of this Item located in the territory of subjects of the Russian Federation, except for;

c) local government body - concerning the water objects which are in property of the municipality.

4. The physical person, the legal entity or the individual entrepreneur interested in provision of water object by it in use (further - the applicant) in the cases specified in Item 1 of the these rules having the right to address to territorial authority of Federal Agency for Water Resources with request about provision of data on the identification characteristics of water object and coordinates of location of the coastline (border of water object) containing in the state water register.

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