LAW OF THE REPUBLIC OF MOLDOVA

of July 9, 2010 No. 171

About irrigational associations

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose and subject of the law

(1) the Purpose of this law is:

a) creation of the accurate legal basis for organization and functioning of irrigational associations as specific form of the organization of legal entities;

b) creation of the legal basis for transfer to free use to irrigational associations of the irrigational and/or drainage infrastructure which is public or private property;

c) creation by forming of irrigational associations of the effective controling mechanism the irrigational and/or drainage infrastructure which is in property of the state or administrative and territorial units, and also in private property.

(2) the Subject of this law are the relations connected with organization, activities, reorganization and liquidation of irrigational associations, transfer to free use (by the conclusion of the agreement of free use) irrigating and/or drainage systems, and also the relations arising between the specified associations and administrative authority which on behalf of the state manages the irrigational and/or drainage infrastructure which is in property of the state, the local authorities of the public power and persons having private systems in property in process and after transfer of irrigating and/or drainage systems to use to associations.

Article 2. Basic concepts

In this law the following basic concepts are used:

irrigational association (further - Association) - the form of merging of the physical persons and legal entities using water for irrigation according to provisions of this law, created for the purpose of management, operation and content in public concerns and for the benefit of the members of irrigating and/or drainage system that formed the basis of creation of this form of consolidation;

irrigating system - the isolated hydraulic network consisting of pumping points, channels, water supply systems, water storage basins and hydrants which are used for water intake from the rivers or reservoirs and its giving to the parcel of land for its irrigation. The irrigating system includes also adjacent lands intended for protection of irrigational infrastructure, power line, sidings, and also the buildings, infrastructure and the other equipment necessary for operation, content and repair of irrigating system. The irrigating system includes also adjoining drying network;

drainage system - the hydraulic network isolated or connected with irrigational system consisting of channels, water supply systems, water storage basins, pumping points and other hydraulic engineering constructions which are used for regulation of level of surface ground waters by deduction or removal them to the river or water storage basin. The drainage system includes also adjacent lands intended for protection of irrigational infrastructure, power line, sidings, and also the buildings, infrastructure and the equipment necessary for operation, content and repair of drainage system;

servicing zone - accurately certain territory served by Association;

control and supervising division - division of administrative authority which manages on behalf of the state the irrigational and/or drainage infrastructure which is in public property of the state. The control and supervising division is responsible for implementation of the rights and obligations of body of public management for the deed of conveyance of the irrigating and/or drainage system which is public property of the state in use of Association;

the sector - part of zone of servicing on which it is divided including for the purpose of delegation of representatives into general meeting;

the representative of the sector - the member of Association from any sector, authorized to represent the relevant sector on general meeting.

Article 3. Legal position of Association

(1) the Association is the non-profit organization which is voluntarily founded in the procedure provided by this law by the physical persons and legal entities using irrigation and drainage of lands in the activities.

(2) Full name of Association includes the phrase "Irrigational Association", the name of the settlement within which the Association, or other determining name operates on state language.

(3) Based on one irrigating system only one association can be established.

(3-1) in case of the irrigating and/or drainage systems serving several sectors, associations can be created at the level of the sector provided that their activities will not break activities of systems in general.

(3-2) in case of the irrigating and/or drainage systems adjoining to each other the associations including several irrigational systems can be created provided that their activities will not exert negative impact on activities of systems in general.

(The Association acts on the basis of the 4) this law, the charter and internal regulations.

Article 4. Independence of Association

The association performs the activities freely. Intervention of bodies of the public power and their officials in activities of Association, except as specified, directly provided by legal acts is forbidden.

Article 5. Purpose and tasks of Association

(1) the Association is established for the purpose of management, operation and content in public concerns and for the benefit of her members of irrigating and/or drainage system based on which it is created.

(2) the Main objectives of Association are:

a) management and operation of irrigating and/or drainage system in zone of servicing and distribution of irrigating water between members of Association;

b) content, recovery and improvement of irrigating and/or drainage system in servicing zone, implementation of construction and recovery work as required;

c) water intake from the river or water storage basin according to the legislation on water for its distribution in servicing zone;

d) establishment of limits of water consumption for irrigation and collection of payments for irrigation and/or drainage;

e) acquisition, replacement, operation and content of the irrigational and/or drainage equipment;

f) training of members of Association in technicians of irrigation, to aspects of the irrigated agriculture, methods of economy of water and new technologies.

(3) the Association can distribute on a contract basis water for irrigation and for other purposes, for its use according to provisions of the Law on water No. 272/2011 within availability to the persons having in property or in use the earth in servicing zone, not being members of Association.

(3-1) If at the end of irrigating season the water amount in irrigating system be dumped for prevention of damage of system during year with temperature values below of zero degrees, then this amount can be dumped in reservoirs (pond, the lake, water storage basin) without payment or on paid basis from the written permission of the owner of water storage basin.

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