of March 12, 2008 No. 165
About preparation and the conclusion of the agreement of water use
According to the Water code 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.
2. Add Item 8 of Rules of preparation and the conclusion of the agreement of water use, the right to which conclusion is acquired at auction, approved by the order of the Government of the Russian Federation of April 14, 2007 N 230 (The Russian Federation Code, 2007, N 17, the Art. 2046), the paragraph of the following content:
"The agreement of water use is signed in the form of the approximate agreement of water use approved by the order of the Government of the Russian Federation of March 12, 2008 N 165 "About preparation and the conclusion of the agreement of water use".".
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of March 12, 2008 No. 165
1. These rules establish procedure for preparation and the conclusion of agreements of water use based on which according to part 2 of article 11 of the Water code 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:
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 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, organized rest of children, veterans, citizens of advanced age, 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 in the form of the approximate agreement of water use approved by the order of the Government of the Russian Federation of March 12, 2008 N 165, based on the address of the legal entity, physical person 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 article 26 of the Water code of the Russian Federation affirms the Government of the Russian Federation, and also 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 receipt of water object in use (further - the applicant), in cases, stipulated in Item 1 these rules, address to one of the bodies specified in Item 3 of these rules (further - authorized body), in the place of expected water use with the statement for provision of water object in use (further - the statement).
5. Are specified in the statement:
a) information about the applicant:
the full and abbreviated name, form of business, the location, bank details - for the legal entity;
surname, name, middle name, the residence, data of the identity document, - for physical person and the individual entrepreneur;
b) name and location of water object;
c) reasons for the purpose, types and term of water use;
d) consent to processing of personal data (for physical persons).
6. The application form affirms the Ministry of Natural Resources and Environmental Protection of the Russian Federation.
7. The following documents and materials are enclosed to the application:
a) the copy of the identity document, - for physical person;
b) ceased to be valid according to the Order of the Government of the Russian Federation of 11.10.2012 No. 1039;
c) the document confirming powers of the person for implementation of actions on behalf of the applicant, if necessary;
d) ceased to be valid according to the Order of the Government of the Russian Federation of 11.10.2012 No. 1039;
e) the materials containing data on the water management actions planned by the applicant, actions for protection of water object and preserving water biological resources and the circle of their dwelling, and also on the expected size and sources of the means necessary for their realization;
e) the materials containing data on possibility of conducting in accordance with the established procedure regular observations of water objects and their water protection zones when implementing water use;
g) the materials displaying in graphical form the water object specified in the statement, investment of funds and objects of water use and also the explanatory note to these materials. Coordinates of the part of water object declared to use adjoining the coastline (border of water object) are determined in the system of coordinates installed for maintaining the Single state real estate register.
7(1). For consideration of the application and the documents and materials, stipulated in Item 7 these rules attached to it, the authorized body within 2 working days from the date of submission of the statement by the applicant and the documents and materials attached to it requests including with use of single system of interdepartmental electronic interaction and the regional systems of interdepartmental electronic interaction connected to it:
a) in the Federal Tax Service (its territorial authorities):
data from the Unified State Register of Legal Entities - concerning legal entities;
data from the Unified State Register of Private Entrepreneurs - concerning individual entrepreneurs;
b) in Federal Service for the Oversight of Consumer Protection and Welfare (its territorial authorities) - data on the sanitary and epidemiologic conclusion if water object is provided in use for:
fence (withdrawal) of water resources from superficial water objects for the purposes of drinking and economic and household water supply;
uses of the water area of water objects for the medical and improving purposes and organized rest of children;
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