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LAW OF THE REPUBLIC OF MOLDOVA

of December 23, 2011 No. 272

About water

(as amended on 09-06-2022)

The Parliament adopts this organic law.

This law which is partially harmonized with directives of Council No. 91/271/EEC of May 21, 1991 about purification of city sewage and No. 91/676/EEC of December 12, 1991 about protection of waters against pollution with nitrates from agricultural sources, directives of the European Parliament and Council No. 2000/60/EU of October 23, 2000 about establishment of bases for activities of Community in the field of water policy, No. 2006/7/EU of February 15, 2006 about quality of water for bathing, No. 2007/60/EU of October 23, 2007 about assessment and risk management of floods, No. 2008/105/EU of December 16, 2008 about the environment quality standards in the field of water policy creates the necessary legal base of management, protection and use of waters.

I General provisions

Article 1. Law purpose

The purpose of this law is:

a) creation of the regulatory base for monitoring, assessment, managements, protection and effective use of surface and underground water on the basis of participation of the public in assessment, planning and decision making;

b) establishment of rights to use water and support of investments into areas of water resources;

c) establishment of mechanisms of protection of condition of waters, the prevention of any further deterioration in condition of waters, protection and recovery of the water circle, step-by-step and systematic reduction of protection of waters and water resources management in compliance with the European requirements;

d) prevention of further deterioration, preserving and improvement of condition of water ecosystems and - as for their water requirements - land ecosystems and wetlands, direct image depending on water ecosystems;

e) ensuring sufficient supply with surface and underground water of high quality for the purpose of the steady, balanced and fair water use;

f) establishment of the legal basis of international cooperation in the field of joint management of water resources and their protection.

Article 2. Basic concepts

For the purposes of this law the basic concepts used in it mean the following:

the water-bearing horizon - underground layer or layers of mountain or other geological breeds, enough porous and water-permeable to allow either considerable flow of underground waters, or fence of significant amount of underground waters;

agglomerations - zones where the population and/or economic activity are rather concentrated for possibility of sewage disposal of city and rural settlements and their direction on treatment facilities or to final point of dumping;

surface water - still and fluid waters on the Earth's surface;

underground waters - the waters which are under the Earth's surface in zone of saturation and in direct contact with the earth or the soil;

sewage - the water which is formed as a result of household, social and economic activity, containing the pollutants or rainfall worsening it initial physical, chemical and bacteriological properties;

nature protection permission to special water use - the document issued by organization subordinated to the central body of public protection department of the environment which owner has the right of special water use under certain conditions according to provisions of this law;

the hydrographic pool - the territory of the earth limited to watershed with which all superficial drain through the sequence of streams, the rivers and reservoirs flows in the sea in one mouth, estuary firth or the delta;

reservoir - the artificial temporary water subject to pumping filling or filling at the expense of drain intended for irrigation and/or other purposes, except for reproduction and cultivation of fish;

water balance - set of the calculations about water resources management executed by preparation of the schemes and projects determining ratio between the available water resources (the available amounts of surface and underground water for the guaranteed long-term use) and the calculated water use in case of the predicted level of development of economy;

The state water inventory - the state information system in which collection, processing and data storage about water resources, water resources management, hydraulic engineering constructions, the protected zones, water balance, lands of water fund is performed;

quality requirements of the environment for water - concentration of separate pollutant or group of pollutants in water, ground deposit or biota which shall not be exceeded for the purpose of ensuring protection of human health and the environment;

committee of the basin district - advisory coordinating body of the basin district;

hydraulic engineering constructions - constructions, held for use water resources in the different purposes, their protection and prevention of destructive impacts of waters, including containing pollutants;

artificial water object - the superficial water object created as a result of activities of the person;

superficial water object - separate considerable element of surface water, such as lake, water storage basin, pond, waterway - the river or the canal, the site of waterway - the river or the channel, transitional waters;

underground water object - the isolated amount of underground waters in the water-bearing horizon or the water-bearing horizons;

waterway - the mass of water (link of hydrographic network) proceeding under natural conditions in the lowered linear forms of relief. The waterway can be permanent, temporary or ephemeral;

ephemeral waterway - waterway where water flow is observed only during loss of atmospheric precipitation and/or thawing of snow and short time after the termination of the corresponding phenomenon;

temporary waterway - waterway where water flow is not observed more than two months within one year;

permanent waterway - waterway where water flow is observed more than 10 months within one year;

sanitary output - the minimum output on the site of waterway, necessary for providing conditions of life activity of the existing water ecosystems;

the basin district - the square of the territory of the Republic of Moldova consisting of one or more adjoining hydrographic pools together with the underground waters relating to them determined as the main unit of management of hydrographic pools;

bulk pond for fish farming - the artificial water object created by way of odambirovaniye of the land area adjoining waterway and intended for reproduction and cultivation of fish;

pond - the artificial water object formed by damming or withdrawal of waterway, intended for cultivation of fish, irrigation, etc., amount in case of normal retaining level, to one million cubic meters;

flood - temporary flooding of part of lands which in regular condition are not covered with water, caused by excessive inflow of flood waters or loss of plentiful rainfall;

the lake - the superficial water object with still waters which does not have communication with the World Ocean;

water storage basin - the artificial water object constituting water-supply with its possible use in the different purposes, amount in case of normal retaining level, more than one million cubic meters;

management within the hydrographic pool - management system water resources within the hydrographic pool;

pollution of waters - the direct or mediated introduction as a result of activities of the person of substances or it is warm in air, water or the soil which can be hazardous to health of people or for quality of water or land ecosystems, direct image depending on water ecosystems, leads to spoil of material property or disturbs or does harm to household conveniences and other legal uses of the environment;

pollutant - any substance which can act as the contaminating factor;

stream - the permanent or temporary waterway feeding on atmospheric precipitation and underground waters, having length less than 10 km and surface of reservoir less than 50 sq.km;

water resources - the surface, underground water and atmospheric precipitation which are dropping out in the territory of the Republic of Moldova;

risk of flood - set of probability of flood and potential adverse effects for human health, the environment, cultural heritage and economic activity connected with floods;

hydrographic network - set of water currents (permanent, temporary and ephemeral) and lakes (natural and artificial) in certain territory;

the river - the permanent or temporary waterway feeding on atmospheric precipitation and underground waters, proceeding in the bed created by him, having length more than 10 km with reservoir surface more than 50 sq.km;

drought - temporary deficit of surface and underground water as a result of climatic changes;

подбассейн - the area of the earth within the basin district with which all superficial drain through network of streams, the rivers and reservoirs flows to certain point of waterway in this basin district;

dangerous substances - substances or the groups of substances which are toxic, steady and inclined to bio-accumulation and also other substances or groups of substances constituting danger;

the earth of water fund - the lands covered with water - beds of water currents, bed of lakes, ponds, water storage basins, swamps, the earth on which hydraulic engineering and other water management constructions, lands allocated under branch strips on coast of the rivers, reservoirs, the main channels and collectors and also the lands used for construction and operation of the installations providing requirements satisfaction in drinking, technical, medicinal water and other social needs are located;

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