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LAW OF THE AZERBAIJAN REPUBLIC

of June 29, 2001 No. 159-IIQ

About water economy of municipalities

(as amended on 13-02-2018)

This Law establishes the legal basis of the relations of municipalities with relevant organs of the executive authority, legal entities and physical persons on use and protection of the objects of water economy which are in the territory of municipalities in the Azerbaijan Republic.

Section I. General provisions

Article 1. Basic concepts

1.0. Treat the concepts used in this Law:

1.0.1. water economy of municipalities - the measures connected with regulation, use, protection of the underground and land waters of local value which are on municipal lands, and also prevention of the damage caused by waters;

1.0.2. object of water economy of municipalities - the systems and constructions created in connection with use, recovery and protection of the water resources located on the municipal lands which are not in the state-owned and private property and also in use of Consolidation of water users;

1.0.3. the water object which - is naturally created, having borders, the sizes and signs of the particular water treatment landscape or geological structure where according to relief form waters gather for surfaces or in subsoil of the earth;

1.0.4. water source of local value - the water objects which are on municipal lands and used for ensuring local needs;

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

1.0.6. the consumer of water - the legal entity or physical person receiving in accordance with the established procedure at users of water object water for ensuring the requirements;

1.0.7. sewage - the waters contaminated as a result of use on production, social and civil facilities;

1.0.8. drainage waters - the waters removed aside by means of drainage constructions;

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

1.0.10. pollution of water objects - emission or removal of the hazardous substances worsening quality of the waters making negative impact on surface, bottom and vicinities of water objects.

Article 2. Legislation of the Azerbaijan Republic on water economy of municipalities

2.1. The legislation of the Azerbaijan Republic on water economy of municipalities consists of this Law, the Water code of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About subsoil", "About melioration and irrigation", "About water supply and sewage" and other regulatory legal acts adopted according to them.

2.2. In case of establishment in the international treaties supported by the Azerbaijan Republic, the provisions different from the provisions provided by this Law provisions of these international treaties are applied.

Section II. Objects and subjects of water economy of municipalities

Article 3. The objects of water economy which are in municipal property

3.1. The objects of water economy of local value located on municipal lands and being in state-owned property are transferred in the procedure established by relevant organ of the executive authority of the Azerbaijan Republic in municipal property.

3.2. The municipal property on objects of water economy can be created with the following provisions:

3.2.1. with transfer in the procedure for the objects of water economy which are in state-owned property established by the legislation to municipal property;

3.2.2. with creation of new objects of water economy by municipalities;

3.2.3. with obtaining on the basis of transactions of the legal entities and physical persons of water objects which are in property in municipal property;

3.2.4. on other stipulated by the legislation conditions.

Article 4. Objects and subjects of municipalities in the water relations

4.1. Water objects of local value and the earth of water fund enter object of the water relations of municipalities located on municipal lands not being in the state-owned and private property, and also in use of Consolidation of water users.

4.2. Subjects of the water relations of municipalities are users of water objects and consumers of water. Municipalities participate in the water relations within the powers conferred by the legal acts establishing their status.

Article 5. The state objects of water economy which are in the territory of municipalities and transferred to their management and use

The objects of water economy, water supply system of settlements located in the territory of municipalities and being in state-owned property, irrigating networks, other state systems and constructions of water economy of local value can be transferred to the control and use of municipalities with observance of the rules and conditions established by relevant organ of the executive authority of the Azerbaijan Republic.

Section III. Organization of water economy of municipalities and management of it

Article 6. Structure of water economy of municipalities

6.1. Municipalities create within the territories water economy in the cases regulated by the legislation on subsoil, civil, water, land and other legislations of the Azerbaijan Republic.

6.2. Treat structure of water economy of municipalities:

6.2.1. Systems and constructions of water economy of municipalities;

6.2.2. Located on municipal lands and not being in the state-owned and private property, and also in use of Consolidation of water users springs, wells, kyariza and other water objects of local value.

Article 7. Management of water economy of municipalities

7.1. Control of objects of water economy of municipalities is exercised personally of municipalities or the companies of water economy created by them.

7.2. The companies of water economy created by municipalities are the legal entities who are under supervision of municipalities and perform activities on the basis of production (economic) calculation.

7.3. Objects of water economy of municipalities are transferred to permanent management of the companies of water economy.

7.4. Protection and preserving systems and constructions of water economy, forest water protective strips of municipalities is performed by municipalities.

Article 8. Planning of measures of water economy of municipalities

8.1. Planning of measures of water economy of municipalities is performed by municipalities and by their order.

8.2. When planning measures of water economy by request of municipalities climatic features of the territory, requirement of the population and agricultural industry in water are established according to the relevant standards and rules.

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