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Approved by the Law of the Azerbaijan Republic of December 26, 1997, No. 418-IQ

WATER CODE OF THE AZERBAIJAN REPUBLIC

(as amended on 12-07-2019)

Internal waters of the Azerbaijan Republic, the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic constitute national wealth of the Azerbaijani people, are used and protected as basis of life activity of the population and provide existence of flora and fauna.

This Code governs the legal relations connected with use and protection of water objects in the Azerbaijan Republic.

Section I. General provisions

Chapter I. Basic provisions

Article 1. Basic concepts

The concepts used in this Code are used in the following values:

* water object - naturally created landscape or geological structure within which borders according to form of relief surface and underground water and the having sizes and special signs of the water mode are concentrated;

* water resources - amount of the surface and underground water which is available in water objects which is used or can be used;

* the user of water object - physical person or legal entity which is granted right to use by water objects;

* the consumer of water - the physical person or legal entity receiving water from the user of water objects for ensuring the requirements;

* water management object - the systems and installations created in connection with use, recovery and protection of water objects;

* pollution of water objects - discharge or dumping of the hazardous substances worsening quality of the waters making negative impact on surface, bottom and vicinities of water objects;

* contamination of water objects - emission of the objects complicating use of water objects, parts of solid substances, various waste of technogenic origin and household waste;

* harmful effects of waters - flooding, flood, other impact of surface and underground water on certain territory or certain object.

Article 2. Water legislation of the Azerbaijan Republic

The water legislation of the Azerbaijan Republic consists of of this Code and other regulatory legal acts adopted according to it.

If international treaties of the Azerbaijan Republic contain other rules connected with use and protection of water objects than those which are provided by this Code then are applied rules of international treaties which the Azerbaijan Republic joined.

The water relations in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 3. Regulation of the relations connected with use and protection of water objects

The relations connected with use and protection of water objects and their water resources (the water relations) are regulated by the water legislation of the Azerbaijan Republic.

The relations on water use are governed along with this Code the civil legislation, legal acts for sanitary and epidemiologic wellbeing and other legal acts.

The relations connected with supply with drinking water and dumping of sewage are regulated along with this Code the relevant legislation of the Azerbaijan Republic.

The relations on the ground, to the wood, subsoil, plant and animal life, atmospheric air, investigation and protection of underground waters, and also the property and other administrative relations arising during the using and protection of water objects are regulated along with this Code the relevant legislation of the Azerbaijan Republic.

Article 4. Objects of the water relations

Objects of the water relations are water fund of the Azerbaijan Republic ("the water fund" hereinafter is referred to as further) and the earth of water fund.

Article 5. Water fund of the Azerbaijan Republic

Internal waters of the Azerbaijan Republic and the sector of the Caspian Sea (lake) (water objects) belonging to the Azerbaijan Republic constitute water fund of the Azerbaijan Republic.

The water fund of the Azerbaijan Republic for the stay in the nature, to physiographic, administrative-territorial features and other signs consists of superficial, underground, boundary water objects and the sector of the Caspian Sea (lake) belonging the Azerbaijan Republic.

Article 6. Superficial water objects

The surface water currents which are on land surface, superficial reservoirs, glaciers and snow covers enter superficial water objects.

Superficial water objects consist of superficial water part, bed, bottom and the coast.

Superficial water objects have multipurpose value and can be used at the same time for one or several purposes.

Article 7. Underground water objects

Underground water objects include the waters concentrated in the geological structures which are in subsoil.

Treat underground water objects:

* the water-bearing horizon - layer (layer) of the rocks which are in subsoil within hydraulically related geological structure in time, cracks and which cavities waters are collected;

* the underground water basin - set of the water-bearing horizons, the water cracks which are in subsoil within certain geological structure;

* the underground water field - the part of the water-bearing horizon having favorable conditions for production of underground waters.

Article 8. Boundary water objects

The superficial and underground water objects determining interstate border, crossing border or through which there passes the frontier of the Azerbaijan Republic belong to boundary water objects.

Rules of use and protection of boundary water objects are established by this Code, the legislation of the Azerbaijan Republic on frontier, international treaties and agreements which the Azerbaijan Republic joined.

Article 9. The sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic

Rules of use and protection of the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic are established by this Code, other legal acts of the Azerbaijan Republic and the international legal acts which the Azerbaijan Republic joined.

Article 10. Earth of water fund

The following land belongs to lands of water fund:

* lands under internal waters of the Azerbaijan Republic and the sector of the Caspian Sea (lake) (water objects) belonging to the Azerbaijan Republic;

* lands, islands and swamps under the water protection zones and coastal strips;

* lands under hydraulic engineering constructions, objects of melioration and water economy.

Article 11. Subjects of the water relations

Subjects of the water relations are the Azerbaijan Republic, Nakhchivan Autonomous Republic, municipalities, users of water objects and consumers of water.

On behalf of the Azerbaijan Republic and Nakhchivan Autonomous Republic relevant organs of the executive authority participate in the water relations within the powers.

Municipalities participate in the water relations within the powers conferred to them by the legal acts determining their status.

Users of water objects and consumers of water participate in the water relations according to the procedure, stipulated by the legislation the Azerbaijan Republic, for the purpose of satisfaction of the requirements and implementation of business activity.

Chapter II. Patterns of ownership on water objects

Article 12. State-owned property on water objects

In state-owned property there are following water objects:

* the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic;

* boundary water objects;

* superficial and underground water objects of the state and local value;

* especially protected water objects.

The water objects which are in state-owned property can be given in use, lease and municipal property according to the procedure, established by the legislation.

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