WATER CODE OF UKRAINE

of June 6, 1995 No. 213/95-BP

All waters (water objects) in the territory of Ukraine are national property of the Ukrainian people, one of natural bases of its economic development and social welfare.

Water resources provide existence of people, animal and flora and is limited and vulnerable natural objects.

In the conditions of building-up of anthropogenous loads of the environment, developments of social production and growth of material requirements there is need of development and observance of special instructions for use water resources, their rational use and ecologically directed protection.

The water code, in complex with actions of organizational, legal, economic and educational impact, will promote forming of water and ecological law and order and providing ecological safety of the population of Ukraine, and also more effective, evidence-based use of waters and their protection from pollution, contamination and exhaustion.

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Determination of the main terms

In this Code the following terms are used:

the seaport water area (the port water area) - the part of water object (objects) determined by limits, except the ship course, is intended for safe approach, maneuvering, the parking and withdrawal of courts;

catchment basin - part of the land surface and thickness of soil from which there is water drain in waterway or reservoir;

the basin principle of management - the complex (integrated) water resources management within the area of the river basin;

бьеф - the section of the river located above or below water retaining construction (dike)

the swamp - excessively humidified parcel of land with the congestive water mode and specific vegetable cover;

water use - process of extraction of water for use in production for the purpose of product receipt and for economic and drinking needs of the population, and also without its withdrawal for needs of hydropower, fish breeding, water, air transport and other needs;

water drainage - water which was filtered from certain territory and is taken away by means of drainage system for the purpose of lowering of the level of ground waters;

water the return - water, returns by means of technical constructions and means from economic link of water cycle in its natural link in the form of waste, mine, career or drainage water;

water drain (subslate) - the water with impurity (is preferential oil products) collected in wells - plums of engine rooms of the vessel;

water waste - the water formed in the course of economic and household and productive activity (except mine, career and drainage water), and also is taken away from the built-up territory in which it was formed as a result of loss of atmospheric precipitation;

water accompanying - bedded - the water rising to the surface together with oil and gas in case of their production;

waters - all waters (superficial, underground, sea) which are part of natural links of water cycle;

waters underground - the waters which are lower than the level of the land surface in thicknesses of rocks of the upper part of crust in all physical conditions;

surface water - waters of the different water objects which are on the land surface;

water object - the natural or created artificially environment element in which waters (the sea, the estuary, the river, stream, the lake, water storage basin, pond, the channel are concentrated (except the channel on irrigating and drying systems), and also the water-bearing horizon);

water resources - amounts of surface, underground and sea water of the corresponding territory;

water content - the characteristic of size of river drain for certain period concerning its average long-term size;

water management the site - part of the river basin for which water management balances are developed water intake limits from water object and other parameters of use of water object (water use) are set

water management division into districts - division of hydrographic units into water management sites, performed for development of water management balances;

water management balance - ratio between the water resources which are available for use in certain territory and the needs for them for certain region for certain period;

water management systems - complex of the water objects and hydraulic engineering constructions intended for water resources management connected among themselves;

water intake - construction or the device for water intake from water object;

reservoir - drainless or with the slowed-down drain superficial water object;

water use - use of waters (water objects) for requirements satisfaction of the population, the industry, agricultural industry, transport and other industries of economy, including the right to water intake, dumping of sewage and other types of use of waters (water objects);

the water user - the physical person or legal entity performing water use;

the water-bearing horizon - homogeneous bedded thickness of rocks where waters reside;

water storage basin - artificial reservoir in reservoir more than 1 million cubic meters, constructed for creation of water-supply and regulation of its drain;

water storage basin of complex appointment - water storage basin which according to the passport is used for two and more purposes (except recreational)

hydrographic division into districts - division of the territory of Ukraine into hydrographic units which is performed for development and deployment of management plans by river basins;

hydraulic engineering constructions of seaports (hydraulic engineering constructions) - the technical constructions (the port water area, moorings, piers, other types of berthing facilities, moths, dams, breakwaters, other shore protection constructions, underwater constructions of artificial and natural origin, including canals, operational water areas of moorings, anchor parking) located within the territory and the water area of seaport and intended for safety of navigation, maneuvering and the parking of courts;

the threshold limit value (TLV) of substance in water - the established level of concentration of substance in water, is higher than which water is considered unsuitable for specific purposes of water use;

the maximum permissible dumpings (MPD) of substance - the mass of substance in the return water, the most admissible for branch behind the set mode of this Item of water object for unit of time;

euthrophication - increase in content of biogenic substances in reservoir that causes rough reproduction of seaweed, reduction of transparency of water and content of dissolved oxygen in deep layers owing to decomposition of organic substance of dead plants and animals, and also mass death of ground organisms;

ecological expense - minimum settlement consumption of the water dumped from water storage basin (rate) to the river compliance with established for these water storage basins (ponds) of operating modes taking into account the forecast of water content and ecological requirements;

the ecological condition of array of surface water - the integrated indicator of quality of array of surface water, is determined biological, gidromorfologichny, chemical and to physical and chemical indicators;

water intake - withdrawal of water from water object for use by means of technical devices or without them;

pollution of waters - receipt in water objects of pollutants;

pollutant - substance which is introduced in water object as a result of economic activity of the person;

the closed water object - natural or artificially created reservoir, it is not connected with other water objects (except the water-bearing horizons)

inundated lands - the coastal territory which can be flooded or waterlogged during flood (flood)

contamination of waters - introduction into water objects of foreign objects and materials which harmfully influence condition of waters;

zone of sanitary protection - the territory and the water area where the particular sanitary and epidemiologic treatment for prevention of quality degradation of water of sources of centralized economic and drinking water supply, and also for the purpose of ensuring protection of water constructions is introduced;

the array of surface water - superficial water object or its part which natural characteristics underwent essential changes in result of activities of the person is significantly changed;

quantitative condition of array of underground waters - indicator of influence of intake of water on array of underground waters;

the estuary - it is flooded with waters of the sea of priustyevy part of the river valley or beam;

water use limit - limiting amount of use of water which is established by permission to special water use;

water intake limit - limiting amount of fence of water from water objects which is put up in permission to special water use;

limit of dumping of pollutants - limiting amount of dumping of pollutants into superficial water objects which is established in permission to special water use;

oligoamnios - the period (phase) of the hydrological mode of water object in case of which reduction of its water content is observed owing to what conditions of ensuring needs for water resources worsen;

array of surface water - superficial water object or its part;

array of underground waters - underground water object or its part;

low-water (certain period) - the period of annual cycle during which the low water content is observed;

places of mass rest of the population on water objects - the water objects (their part) and the parcels of land adjoining to them, islands, beach areas intended for organized rest of the population determined by local government bodies in the procedure established by the law;

monitoring of waters - system of observations, collection, processing, storage and information analysis about condition of water objects, forecasting of its changes and developments of evidence-based recommendations for adoption of relevant decisions;

the lake - the natural hollow of sushi filled with fresh or salty waters;

redistribution of water resources - supply (transfers) of water from one river basin in another or within one river basin for ensuring needs for water resources of water users of shallow regions;

transitional waters - surface water within the estuarial section of the river, and also estuaries where there is mixing of fresh and salty waters;

the management plan the river basin - the document containing the analysis and complex of the actions for goal achievement determined for each area of the river basin at the scheduled time;

the risk management plan of flooding - the document containing the analysis of the previous floodings and complex of the actions directed to prevention, protection, preparation, forecasting and early warning system for the separate territories within the area of the river basin;

the beach area - the part of coastal protective strip adjoining to urez of water along the seas, around sea gulfs and estuaries with the mode of limited economic activity;

coastal protective strip - part of the water protection zone of the corresponding width along the river, the sea, around reservoirs on which more high security of economic activity, than in other territory of the water protection zone is set;

coastal waters - waters between the coastline and the line in the territorial sea at distance of one nautical mile from the initial line, it is used for determination of width of the territorial sea;

the area of the river basin - the main unit of management in the field of use and protection of waters and reconstruction of water resources, consisting of the river basin (the neighboring river basins) and the related coastal and underground waters;

fish breeding - artificial cultivation and reproduction of fish and other water live resources;

fishery water object - water object (its part) that is used for the fishery purposes;

the river basin (reservoir) - part of the land surface and thickness of soil, water drain from which it is consecutive through the connected reservoirs and waterways, is performed to the sea, the estuary or the lake;

pond - artificially created reservoir in reservoir no more than 1 million cubic meters;

суббасейн - the part of the river basin, the water drain from which through the connected reservoirs and waterways is performed in the main river of the pool or water management is lower than the site on current;

the scheme of use and protection of water and reconstruction of water resources - the preproject document determining the main water management and other actions which are subject to implementation for satisfaction of perspective needs for water of the population and industries of economy, and also for protection of waters or prevention of their harmful action;

technological reservoir - artificially created reservoir of special technological purpose, is determined by the engineering design and/or the passport which is filled artificially by means of hydraulic engineering constructions and devices;

урез waters - water border on the bank of water object (coastline)

chemical condition of array of surface water - indicator of quality of array of surface water which is determined by separate groups of pollutants;

chemical condition of array of underground waters - indicator of quality of array of underground waters which is determined by separate groups of pollutants;

artificial array of surface water - the superficial water object or its part created as a result of activities of the person;

quality of water - the characteristic of structure and properties of water determining it suitability for specific purposes of use.

Article 2. Water legislation of Ukraine

Task of the water legislation is:

regulation of legal relations for the purpose of ensuring preserving, evidence-based, rational use of waters for requirements of the population and industries of economy, reconstruction of water resources, protection of waters from pollution, contamination and exhaustion,

prevention of harmful effects of waters and liquidation of their effects,

improvement of condition of water objects, and also protection of the rights of the companies, organizations, organizations and citizens on water use.

The water relations in Ukraine are governed by this Code, the Law of Ukraine "About protection of the surrounding environment" and other acts of the legislation.

The land, mountain, forest relations, and also the relations concerning use and protection of plant and animal life, the territories and objects of natural and reserved fund, atmospheric air, exclusive (sea) economic zone and the continental shelf of Ukraine that arise during use of water objects, are regulated by the relevant legislation of Ukraine.

Article 3. Water fund of Ukraine

All waters (water objects) in the territory of Ukraine constitute its water fund.

Treat water fund of Ukraine:

1) surface water:

natural reservoirs (lakes);

waterways (rivers, streams);

artificial reservoirs (water storage basins, ponds) and channels, except channels on irrigating and drying systems;

other water objects;

2) underground waters and sources;

3) internal sea waters and territorial sea.

Article 4. Earth of water fund

Water fund lands, busy belong to lands:

by seas, the rivers, lakes, water storage basins, other water objects, swamps, and also the islands which are not occupied with the woods;

coastal protective strips along the seas, the rivers and around reservoirs except the lands occupied with the woods;

hydraulic engineering, other water management constructions and channels, and also the lands allocated under branch strips for them;

shores of waterways.

Article 5. Water objects of nation-wide and local value

Treat water objects of nation-wide value:

1) internal sea waters, territorial sea, and also water areas of seaports;

2) the underground waters which are source of centralized water supply;

3) surface water (lakes, water storage basins, the rivers, canals, except channels on irrigating and drying systems) which is and used in the territory of more than one area, and also their inflow of all procedures;

4) the water objects within the territories of natural and reserved fund of nation-wide value and also referred to category of medical.

Belong to water objects of local value:

1) surface water which is and used within one area and which is not carried to water objects of nation-wide value;

2) underground waters which cannot be source of centralized water supply.

Article 6. Property on waters (water objects)

Waters (water objects) are exclusive property of the Ukrainian people and are provided only in use.

The Ukrainian people perform the property right to waters (water objects) through the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea and local councils.

Separate powers concerning the order can be conferred by waters (water objects) corresponding executive bodies and to Council of Ministers of the Autonomous Republic of Crimea.

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