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The document ceased to be valid according to article 94 of the Water code of the Republic of Tajikistan of April 2, 2020 No. 1688

WATER CODE OF THE REPUBLIC OF TAJIKISTAN

of November 29, 2000

(as amended on 16-04-2012)

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Purposes and tasks of the Water code of the Republic of Tajikistan

1. The purposes of the Water code of the Republic of Tajikistan are protection of the state water fund and lands of the state water fund for improvement of social conditions of the population and the environment, protection of waters from pollution, contaminations, depletions, preventions and liquidations of harmful effects of waters, improvements of condition and protection of water objects, strengthening of legality and protection of the rights of physical persons and legal entities in the field of water use.

2. Tasks of the Water code of the Republic of Tajikistan are:

- regulation of the economic relations in the field of use and protection of water resources;

- providing the legal basis of support it is also developed - water use and protection of water resources;

- determination of the basic principles, directions of use and protection of water resources.

Article 2. Basic concepts

In this Code the following basic concepts are used:

Water - all waters which are available in water objects;

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

- underground waters - waters, including mineral, being in underground water objects;

- water resources - the inventories of surface and underground water which are in water objects which are used or can be used;

- water objects - concentration of waters on land surface in forms of its relief, or in subsoil, having borders, amount and lines of the water mode;

- the water mode - change of levels, expenses and amounts of water in water objects.

Superficial reservoir - the superficial water object representing concentration of waters with the slowed-down water exchange in natural or artificial hollows;

- the isolated water object (the closed reservoir) - small on the areas and the landlocked artificial reservoir which does not have hydraulic communication with other superficial water objects.

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

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

- sewage - the water dumped in accordance with the established procedure in water objects after its use or which arrived from the contaminated territory;

- use of water objects - obtaining by different methods of advantage of water objects for satisfaction of material and other needs of citizens and legal entities;

- protection of water objects - the activities directed to preserving and recovery of water objects;

- pollution of water objects - dumping or receipt different way in water objects, and also education in them hazardous substances which worsen quality of surface and underground water limit use or negatively influence condition of bottom and coast of water objects;

- contamination of water objects - dumping or receipts different way in water objects of the objects or suspended particles worsening condition and complicating use of water objects;

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

- harmful effects of waters - flooding, flooding and other adverse effect of surface and underground water on certain territories and objects;

- the water consumer - the physical persons or legal entities receiving in accordance with the established procedure water for ensuring the needs;

- water management activities - the activities of citizens and legal entities connected with use, recovery and protection of water objects;

- permission to special water use permission to the use of water object issued by authorized state bodies on regulation of use and protection of water resources;

- drinking water - water on the quality in natural state or after processing (cleaning, disinfecting, addition of missing substances), meeting the normative requirements and intended for drinking and domestic needs of the person, or for production of food products;

- standard rates of quality of drinking water (normative requirements) set, the established by research methods and regulated by health regulations, admissible indicators of chemical and microbiological composition of the properties of drinking water guaranteeing its safety and harmlessness for health of the person;

- Drinking water supply - the activities aimed at providing needs for drinking water of physical persons and legal entities;

- general water use is water use without application of constructions or technical devices;

- special water use - use of water by application of constructions and technical devices;

- primary water users - physical persons and legal entities to which water objects for the isolated use are provided;

- secondary water users - physical persons and legal entities to which with the permission of primary water users on the basis of agreements and in coordination with authorized state bodies on regulation of use and protection of water resources, permission to use of water objects is issued;

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

- monitoring - observation, assessment and forecasting of condition of water;

- association of water users - the non-profit organization established by the legal entities having right to use by farmlands and the commercial organizations;

- the basin water management organization (management) - the water management organization or management servicing consumers of water in the basin of the rivers;

- flood - the natural disaster connected with flooding of the area as a result of rise in water level in the river, the lake, water storage basin or other water object which can cause damage or cause catastrophic crash. The flood is caused by snow thawing, loss of plentiful downpours, breaks of dikes and dams, zavalny and glacial lakes and other climatic phenomena;

- the prevention of floods - the events held beforehand and directed to reduction of risk of emergence of floods, safety of the population, decrease in the sizes of environmental damage and material damage in case of floods;

- liquidation of floods - the rescue and other urgent works which are carried out in case of floods and directed to rescuing of life and preserving health of the population, decrease in the sizes of environmental damage and material losses;

- methods of fight against floods - package of measures of precautionary and emergency nature, the floods directed to decrease in harmful effects.

- the integrated water resources management - the management system 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 - water storage basins, dikes, channels, collector and drain, water pipes, wells, ditches, hydraulic engineering constructions, protective dikes, aqueducts, water supply systems with communications and other elements of infrastructure;

- the basin plan of use and protection of water resources - the development plan, the integrated use and protection of water resources in hydrographic border of the main pool of water source;

- collector and drainage network - the interconnected network of the opened and closed collectors and drains, hydraulic engineering constructions, wells of vertical drainage and other infrastructure, including all right-of-ways of lands allocated for ensuring content, operation and repair of collector and drainage networks;

- the basin organization of water resources - territorial structure of authorized state bodies on regulation of use and protection of water resources, responsible for water resources management in borders of the main pool;

- the agreement on water supply - the legal act concluded between primary and secondary water users and the organization of water supply about water supply conditions for certain term;

National water council - soveshchatelno - the consultative body under the Government of the Republic of Tajikistan coordinating activities of the ministries, departments and other state bodies, and also non-state organizations for planning, management, use and protection of water resources;

Basin water council - soveshchatelno - consultative basin body which coordinates activities of the state and non-state organizations for planning, use and protection of water resources in certain water basin;

Article 3. Water legislation

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

Article 4. State water fund

1. The state water fund of the Republic of Tajikistan includes set of all water objects and concentrated in them water resources occupied by them lands with the water protection zones and strips.

2. Treat water objects of the Republic of Tajikistan, the rivers which are in its territory, lakes, glaciers, snow patches and other superficial sources, and also zones of concentration of underground, including medical and mineral and thermal waters.

3. Water resources of the Republic of Tajikistan represent set of all types of underground and surface water.

Article 4 (1). Earth of the state water fund

1. The earth of the state water fund consist of the lands occupied under the rivers, lakes, water storage basins, glaciers, swamps, irrigating and drainage networks, pumping points, vertical wells, hydraulic engineering constructions, zones for lines of electric transfer and communication, roads, bridges, buildings and other infrastructure facilities of industry of melioration and water resources, and also the lands allocated under the water preserving strips.

2. The parcels of land from structure of lands of the state water fund occupied with water management constructions (irrigating drainage systems), networks of primary and secondary value and also the irrigational constructions servicing the parcel of land of one business entity can be in temporary or permanent, complete or partial use by physical persons and legal entities.

3. The procedure for provision of lands for the state water fund in use is determined by the legislation of the Republic of Tajikistan.

Article 5. State-owned property on waters

1. According to the Constitution of the Republic of Tajikistan water is exclusive property of the state and the state guarantees its effective use and protection for the benefit of the people.

2. Actions of physical persons and legal entities, in straight line or the latent form, violating right of state-owned property to the waters and contradicting state interests of the Republic of Tajikistan are prohibited, involve responsibility according to the legislation of the Republic of Tajikistan.

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