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THE CODE OF TURKMENISTAN "ABOUT WATER"

(as amended of the Law of Turkmenistan of 01.03.2014)

The code of Turkmenistan "About water" is directed to increase in value of rational use and protection of water resources. In complex with measures of organizational, legal, economic and educational impact this Code will promote forming of water and ecological law and order and ensuring economic safety of Turkmenistan.

In the conditions of development of the state and private production, and also town planning, growth of material wealth of the population and increase in versatile needs for water there is need of development and observance of scientifically based, most effective rules of rational use of water resources and their protection from pollution, contaminations and depletions.

Section I. General provisions

Chapter I. Basic provisions

Article 1. Tasks of the water legislation of Turkmenistan

Tasks of the water legislation of Turkmenistan are regulation of the water relations for the purpose of ensuring scientifically based, rational use of waters for needs of the population, industries of economy and the surrounding environment, protection of waters from pollution, contaminations and depletions, improvement of condition of water objects, the prevention and liquidation of harmful effects of waters, and also protection of the rights of legal entities and physical persons, strengthening of legality in the field of the water relations in the country.

Article 2. Water legislation of Turkmenistan

The water relations in Turkmenistan is based on the Constitution of Turkmenistan, it is regulated by this Code of Turkmenistan "About water", the laws of Turkmenistan and other regulatory legal acts of Turkmenistan accepted according to them.

Article 3. State water fund

Set of all water objects occupied with them lands, including, taken away under the water protection zones and strips makes the State water fund of Turkmenistan.

The state water fund of Turkmenistan includes:

- rivers, water storage basins, lakes, intereconomic canals and drainage collector, and also other superficial reservoirs and waterways;

- underground waters;

- The Caspian Sea within frontier of Turkmenistan.

Article 4. State-owned property on waters

The state water fund of Turkmenistan is only property of the state. State-owned property on interstate (cross-border) waters is determined by agreements between the states located in this pool.

Actions, in straight line or the latent form, violating right of state-owned property to waters are prohibited.

The water management constructions which are artificially created according to the procedure established by the legislation for use and protection of waters can be property of legal entities or physical persons of Turkmenistan.

Chapter II. Public administration and control in the field of use and protection of waters

Article 5. Public administration in the field of use and protection of waters

Public administration in the field of use and protection of waters in Turkmenistan is performed by the Cabinet of Ministers of Turkmenistan, and also state bodies which are specially authorized on that on regulation of use of waters and state bodies on protection of waters and other state bodies according to the legislation of Turkmenistan.

Specially authorized state bodies on regulation of use and protection of water resources are respectively the Ministry of water economy of Turkmenistan, the Ministry of conservation of Turkmenistan and the Turkmengeologiya State corporation, and also their bodies on places.

Article 6. Competence of the Cabinet of Ministers of Turkmenistan in management, use and protection of waters

Rights of possession and orders waters in the territory of Turkmenistan are performed by the Cabinet of Ministers of Turkmenistan, delegating part of the rights specially to that to authorized bodies.

The Cabinet of Ministers of Turkmenistan in the field of management of waters:

- approves the main directions of rational use and protection of waters, development of water economy;

- approves basin schemes of complex use and protection of waters and water management balances;

- provides accomplishment of state programs on preserving and recovery of water sources;

- determines procedure for transfer of management of water objects to maintaining specially authorized bodies;

- announces water objects or their parts zones of emergency ecological situation or ecological disaster;

- determines procedure for conducting the state accounting of waters and their use, and also the State water inventory;

- establishes procedure of the state control of use and protection of waters;

- establishes procedure and conditions of use and protection of waters;

- determines procedure for cooperation with the adjacent states by regulation of the water relations;

- approves annually to each welayat and the etrap water consumption limits in general, including on the main water sources and industries of economy;

- makes decisions concerning the prevention and liquidation of harmful effects of waters;

- provides the solution of other questions in the field of use and protection of waters.

Article 7. Competence of specially authorized State bodies in the water relations

Specially authorized state bodies in the field of the water relations perform:

- approval intraeconomic, system, etrapsky, velayatsky and countrywide plans of water use;

- organization and regulation of use and protection of waters;

- development and approval of schemes of complex use and protection of waters;

- state control of use and protection of waters;

- organization of monitoring of waters;

- maintaining the water inventory and water management balances;

- conducting the state accounting of waters and their use;

- metrological support of control and accounting of waters;

- state geological observation of condition of underground waters;

- presentation of claims and claims for compensation of the damage caused as a result of violations of the water legislation;

- carrying out the project, prospecting, research and design works connected with use and protection of waters;

- development of complex of actions for melioration of the irrigated lands;

- state environmental assessment of construction projects and reconstruction of constructions and devices;

- approval and issue of permissions to special water use;

- international cooperation in the field of the water relations.

Differentiation of functions of specially authorized state bodies is performed on the basis of regulations on their bodies approved by the Cabinet of Ministers of Turkmenistan.

Instructions of specially authorized state bodies for the questions carried to their competence are obligatory for all legal entities and physical persons and can be appealed judicially.

Article 8. Competence of bodies of the local executive authority in regulation of the water relations

Regarding use and protection of waters within administrative borders treat maintaining bodies of the local executive authority:

- approval of projects of zone of sanitary protection of water supply systems and sources of centralized systems of economic and drinking water supply of the inhabited places;

- the organization of works on improvement of water supply of the population and industries of economy, preserving and recovery of water resources, the prevention and liquidation of harmful effects of waters, and also pollution of waters as a result of accidents and natural disasters;

- protection of the rights of water users and permission of matters of argument on water use within the competences;

Article 9. State control of use and protection of waters

Task of the state control of use and protection of waters is ensuring compliance with established procedure of use by all legal entities and physical persons waters, accomplishment of obligations on protection of waters, the prevention and liquidation of their harmful effects, rules of accounting of waters, and also other rules established by the water legislation.

The state control of use and protection of waters state bodies on regulation of use and protection of waters, bodies of the local executive authority, and also others perform, the bodies of Turkmenistan which are specially authorized on that within their competence.

Chapter III. The state, interstate and regional programs in the field of use and protection of waters

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