LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 8, 2003 No. 404-II

About rural consumer cooperative of water users

This Law governs the relations arising in the course of implementation of activities for delivery and water consumption between physical and (or) legal entities - members of rural consumer cooperative of water users both the state bodies and persons which are not members of rural consumer cooperative of water users determines legal status of cooperative, provides the necessary conditions for management, the order of irrigation sources which are equitable to interests of all water users.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) water users - the physical persons and legal entities using hydraulic engineering constructions, devices and the equipment;

2) hydromeliorative system - complex of technology interconnected hydraulic engineering constructions, devices and the equipment intended for irrigation, flood and drainage of lands (irrigating, drainage, drying and obvodnitelny systems);

3) property (share) fee - fee of the member of rural consumer cooperative of water users in share fund of rural consumer cooperative of water users;

4) water use limits - maximum permissible amounts of withdrawal of water resources from water objects or dumping of sewage of normative quality into the water objects during certain time established on basins of the rivers and for certain water users;

5) the site of water use - structural unit of rural consumer cooperative of water users which can be created according to the decision of general meeting (meeting of representatives), consisting of members of cooperative of the water users serviced from one hydraulic engineering construction, the device and the equipment and (or) remote from the governing body location or in other cases provided by the charter of rural consumer cooperative of water users;

6) share fund - the fund consisting of the property (share) fees brought by members of rural consumer cooperative of water users during its creation or the introduction in it, and being one of sources of forming of property of rural consumer cooperative of water users;

7) the suspended square - the earth of agricultural purpose irrigated, flooded, drained by one hydromeliorative construction or the device;

8) local authorized body - the executive body performing regulation in the field of water use in the corresponding territory.

Article 2. Legislation of the Republic of Kazakhstan on rural consumer cooperative of water users

1. The legislation of the Republic of Kazakhstan on rural consumer cooperative of water users is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code of the Republic of Kazakhstan, the Water code, this Law, and also the legislation on rural consumer cooperation in the Republic of Kazakhstan in the part which is not settled by this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaties ratified by the Republic of Kazakhstan establish other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Rural consumer cooperative of water users

1. Under rural consumer cooperative of water users (further - cooperative of water users) voluntary consolidation of the physical and (or) legal entities owning (using) the parcels of land on the suspended square on the basis of membership for joint management of hydraulic engineering constructions, devices and the equipment for needs of agricultural industry is recognized.

2. Income gained by cooperative of water users cannot be distributed between his members and goes to the authorized purposes.

3. Cooperatives of water users are non-profit organizations and can be engaged in business activity only so far as it answers their authorized purpose.

Article 4. Basic principles of creation and activities of cooperative of water users

Cooperatives of water users are created on the basis of the following principles:

joint management of hydraulic engineering constructions, devices and equipment;

providing the right of equal access to water of all water users irrespective of membership in cooperative of water users;

voluntariness of the introduction and exit from membership;

democratic character of management;

protection of interests of members of cooperative of water users;

maintenance of the mode of rational use of water and land resources and environmental protection;

availability of information on activities of cooperative of water users to all members of cooperative of water users.

Article 5. State and cooperatives of water users

1. Within programs subsidizing of cost of services in water supply to agricultural producers, provision of information services in the field of implementation of scientific and technical developments, progressive technologies of water supply, irrigation or flood, operation of water management systems, the organization of training and advanced training of personnel, investment on reconstruction of water management systems and improvement of the irrigated lands can be performed.

The procedure and conditions of direct investment are established by the legislation of the Republic of Kazakhstan.

2. Local executive bodies of areas (the city of republican value, the capital) control within the competence execution of water users of the water legislation of the Republic of Kazakhstan by cooperatives and ensuring of equal access to water of all consumers with them irrespective of their membership in cooperative of water users.

3. The central state and local executive bodies have no right to interfere with economic, financial and other activities of cooperatives of the water users, except as specified, provided by legal acts of the Republic of Kazakhstan.

Article 6. Competences of cooperative of water users

1. The cooperative of water users is legal entity and has the following competences:

1) to be engaged in the activities directed to requirements satisfaction of members of cooperative of water users;

2) to perform business activity so far as it serves goal achievement for the sake of which it is created;

3) to act as the customer on performance of works on construction, repair, upgrade of hydraulic engineering constructions, devices and the equipment and to perform their acceptance;

4) within the competence to resolve the matters of argument connected with providing and distribution of water between water users of the suspended area;

To appeal 5) judicially acts of state bodies, the actions of their officials violating the rights of cooperative of water users;

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