2. Separate water use may be carried out on water bodies or their parts owned by individuals, legal entities, water bodies or their parts, owned by the state or municipality and provided to ensure the defense of the country and the security of the state, other state or municipal needs, the provision of which excludes the use of water bodies or their parts by others individuals, legal entities, as well as for the implementation of aquaculture (fish farming).
(as amended by Federal Laws No. 420-FZ of December 28, 2010, No. 148-FZ of July 2, 2013)
(see text in previous edition)
3. According to the method of using water bodies, water use is divided into:
1) water use with the intake (withdrawal) of water resources from water bodies, subject to the return of water to water bodies;
2) water use with the intake (withdrawal) of water resources from water bodies without returning water to water bodies;
3) water use without withdrawal (withdrawal) of water resources from water bodies.
10. Legal grounds for the emergence, change and termination of the right to use water.
The grounds for the emergence of the right to use water are legal facts.
In accordance with the water legislation, these include:
- licenses for water use;
- contracts for the use of water bodies;
- decisions of the Government of the Russian Federation or an executive authority of a constituent entity of the Russian Federation on the provision of a water body for use
sm vk rf
11. Restriction, suspension or prohibition of the use of water bodies.
See vk rf
12. Contracts for the use of water bodies: concept, types, content.
Water use right as the most important institution of water law, it is a set of legal norms regulating the procedure and conditions for the use of water bodies, the rights and obligations of water users.
IN subjective sense the right to use water is a set of specific powers of the subject in relation to the water body granted to him for use.
Subjects water use rights (water users) are citizens and legal entities.
object water use rights are water bodies or parts thereof (Article 7 of the RF VC).
Water legislation classifies the right to water use into several categories. species with different legal regimes.
Depending on the economic purpose of use water bodies (according to their intended purpose) the following types of water use are distinguished: for drinking and household water supply; industry and energy; Agriculture; forestry, timber rafting; health care; construction; fire safety; fisheries; hunting and other purposes. At the same time, the law establishes the priority of drinking and domestic water use, providing for the priority of meeting the drinking and domestic needs of the population, special requirements for the quality of water intended for these purposes.
Applied to ways of using water bodies distinguish between general and special water use. General water use is carried out without the use of structures, technical means and devices that affect the state of water, and special- with the use of such structures and devices.
Typical cases of general water use are the abstraction of water by individual citizens for drinking or domestic needs, the use of reservoirs for recreation and bathing, watering of livestock, swimming on small-sized watercraft, recreational fishing, etc. Such water use does not require prior permission from the competent state authorities and is carried out, as a rule , free and free.
The general water use is made first of all on reservoirs of the general use. Water objects of common use are objects that are in public, open use. These include water bodies that are state or municipal property.
General water use on separate water bodies owned by citizens and legal entities can be carried out only if this restriction of ownership of separate water bodies is registered and remuneration is paid to the owner. At the same time, isolated water bodies owned by subjects on the right of municipal and private property can be used as objects of general water use only on the terms established by the owners in agreement with the water fund management body. The owner of a separate water body is obliged to announce the conditions for general water use or its prohibition (Article 88 of the RF VC).
Special water use using various technical means (dams, pumping stations, locks, etc.) is carried out in accordance with the procedure established by law on the basis of permits issued by state authorities for the management of the use and protection of the water fund after agreement with the authorities responsible for sanitary supervision, protection of fish stocks and others interested organizations.
The list of types of special water use is approved by the Ministry of Natural Resources of the Russian Federation.
The use of water bodies can be carried out with the exception(water intake) or without exception(discharge, use as waterways, etc.) of water resources.
Water objects can be provided to satisfy one or more purposes to one or several subjects. In the latter case, the so-called joint water use. Joint (complex) water use is the most common type of water use.
Article 11
1. On the basis of water use agreements, unless otherwise provided by parts 2 and 3 of this article, water objects that are in federal ownership, the property of subjects Russian Federation, property of municipalities, are provided for use for:
1) intake (withdrawal) of water resources from surface water bodies;
2) use of the water area of water bodies, including for recreational purposes;
3) the use of water bodies without the withdrawal (withdrawal) of water resources for the purposes of generating electrical energy.
2. On the basis of decisions on granting water bodies for use, unless otherwise provided by part 3 of this article, water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, are provided for use for:
See the Rules for the preparation and adoption of a decision on the provision of a water body for use, approved by Decree of the Government of the Russian Federation of December 30, 2006 N 844
1) ensuring the defense of the country and the security of the state;
2) discharge of sewage, including drainage, water;
3) construction of berths, ship-lifting and ship-repair facilities;
4) creation of stationary and (or) floating platforms, artificial islands on lands covered with surface waters;
5) construction of hydraulic structures, bridges, as well as underwater and underground passages, pipelines, underwater communication lines, other linear objects, if such construction is associated with a change in the bottom and banks of water bodies;
6) exploration and production of minerals;
7) carrying out dredging, blasting, drilling and other works related to changing the bottom and banks of water bodies;
8) lifting sunken ships;
10) withdrawal (withdrawal) of water resources for irrigation of agricultural land (including meadows and pastures);
11) organized recreation for children, as well as organized recreation for veterans, elderly citizens, disabled people;
3. It is not required to conclude a water use agreement or make a decision on the provision of a water body for use if the water body is used for:
1) navigation (including maritime navigation), navigation of small size vessels;
2) single takeoff, single landing of aircraft;
3) abstraction (withdrawal) from an underground water body of water resources, including water resources containing minerals and (or) being natural healing resources, as well as thermal waters;
4) intake (withdrawal) of water resources in order to ensure fire safety, as well as to prevent emergency situations and eliminate their consequences;
5) intake (withdrawal) of water resources for sanitary, ecological and (or) navigable releases (discharges of water);
6) intake (withdrawal) of water resources by ships in order to ensure the operation of ship mechanisms, devices and technical means;
7) implementation of aquaculture (fish farming) and acclimatization of aquatic biological resources;
8) conducting state monitoring of water bodies and other natural resources;
9) conducting a geological study, as well as geophysical, geodetic, cartographic, topographic, hydrographic, diving works;
10) fishing, hunting;
11) implementation of traditional nature management in places of traditional residence of indigenous peoples of the North, Siberia and the Far East of the Russian Federation;
12) sanitary, quarantine and other control;
13) environmental protection, including water bodies;
14) scientific, educational purposes;
15) exploration and extraction of minerals, construction of pipelines, roads and power lines in swamps, with the exception of swamps classified as wetlands, as well as swamps located in floodplains of rivers;
16) watering garden, garden, country plots, maintaining personal subsidiary plots, as well as a watering place, carrying out work to care for farm animals;
17) bathing and meeting other personal and domestic needs of citizens in accordance with Article 6 of this Code;
18) carrying out dredging and other works in the water area of a sea or river port, as well as maintenance of inland waterways of the Russian Federation;
19) creation of artificial land plots.
4. The provision of water bodies that are in federal ownership, the property of the constituent entities of the Russian Federation, the property of municipalities, or parts of such water bodies for use on the basis of water use agreements or decisions on the provision of water bodies for use is carried out by the executive bodies, respectively. state power and local self-government bodies within their powers in accordance with Articles 24 - 27 of this Code.
Article 12 Water Use Agreement
1. Under a water use agreement, one party - an executive body of state power or a local self-government body, provided for by paragraph 4 of Article 11 of this Code, undertakes to provide the other party - a water user with a water body or part of it for use for a fee.
2. The provisions on lease provided for by the Civil Code of the Russian Federation shall apply to the water use agreement, unless otherwise established by this Code and does not contradict the essence of the water use agreement.
3. A water use agreement is recognized as concluded from the moment of its state registration in the state water register.
Article 13. Content of the water use agreement
1. The water use agreement must contain:
1) information about the water body, including a description of the location of the coastline (boundary of the water body), its part, within which water use is supposed to be carried out;
2) the purpose, types and conditions of use of a water body or part thereof (including the volume of allowable withdrawal (withdrawal) of water resources) in the cases provided for by paragraph 1 of Article 11 of this Code;
3) the term of the water use agreement;
4) the amount of payment for the use of a water body or part thereof, the conditions and terms for making this payment;
5) the procedure for terminating the use of a water body or part thereof;
6) responsibility of the parties to the water use agreement for violation of its terms.
2. The water use agreement, along with the conditions specified in part 1 of this article, may contain other conditions by agreement of the parties to this agreement.
Article 14 Term of the water use agreement
1. The deadline for the provision of water bodies for use on the basis of a water use agreement cannot be more than twenty years.
2. A water use agreement concluded for a period exceeding the period established by part 1 of this article shall be considered concluded for a period equal to the deadline for the water use agreement.
Article 15. Priority right of a water user to conclude a water use agreement for a new term
1. A water user that duly performed its obligations under a water use agreement, after the expiration of the water use agreement, has a priority right over other persons to conclude a water use agreement for a new term, except for the case if the water use agreement was concluded as a result of an auction. The water user must notify writing executive body of state power or local self-government body, provided for by paragraph 4 of Article 11 of this Code, on the desire to conclude a water use agreement for a new term no later than three months before the expiration of this agreement.
2. When concluding a water use agreement for a new term, the terms of the agreement may be changed by agreement of the parties to this agreement.
3. In the event that the water user received from the executive body of state power or local government, provided for in paragraph 4 of Article 11 of this Code, a refusal to conclude a water use agreement for a new period, but within a year from the date of expiration of the water use agreement, such an agreement was concluded with another person, the water user, at his choice, has the right to demand in court the transfer of rights and obligations under the concluded water use agreement and compensation for losses caused by the refusal to renew the water use agreement with him, or only compensation for such losses.
Article 16. Conclusion of a water use agreement
1. A water use agreement is concluded in accordance with civil law, unless otherwise provided by this Code.
2. A water use agreement regarding the use of the water area of a water body, including for recreational purposes, is concluded based on the results of an auction in cases established by the Government of the Russian Federation, and also if there are several applicants for the right to conclude such an agreement.
3. The procedure for preparing and concluding a water use agreement regarding a water body that is in state or municipal ownership, the form of an exemplary water use agreement and the procedure for holding an auction for the right to conclude a water use agreement are approved by the Government of the Russian Federation.
4. When concluding a water use agreement based on the results of an auction, it is not allowed to change the conditions of the auction on the basis of an agreement between the parties to this agreement or unilaterally.
5. The notice of the auction is posted on the official website of the Russian Federation in the information and telecommunications network "Internet" to post information about the auction, determined by the Government of the Russian Federation (hereinafter referred to as the official website on the Internet). Prior to the determination by the Government of the Russian Federation of the official website on the Internet, a notice of the auction is posted on the official website of the organizer of the auction on the information and telecommunication network "Internet" and published by him in a periodical publication, determined accordingly by the Government of the Russian Federation, the highest executive body of state power of the subject Russian Federation, head municipality. Information about the auction should be available for review to all interested parties without charging a fee.
6. It is not allowed to conclude a water use agreement based on the results of the auction or if the auction is declared invalid, earlier than ten days from the date of posting information about the results of the auction on the official website on the Internet.
Article 17. Change and termination of the water use agreement
Change and termination of the water use agreement are carried out in accordance with civil law.
1. Based on the conditions for granting water bodies for use, water use is divided into:
1) joint water use;
2) isolated water use.
2. Separate water use may be carried out on water bodies or their parts owned by individuals, legal entities, water bodies or their parts, owned by the state or municipality and provided to ensure the defense of the country and the security of the state, other state or municipal needs, the provision of which excludes the use of water bodies or their parts by other individuals, legal entities, as well as for aquaculture (fish farming).
3. According to the method of using water bodies, water use is divided into:
1) water use with the intake (withdrawal) of water resources from water bodies, subject to the return of water to water bodies;
2) water use with the intake (withdrawal) of water resources from water bodies without returning water to water bodies;
3) water use without withdrawal (withdrawal) of water resources from water bodies.
Comments to Art. 38 VK RF
The commented article is understood and understood in the context of the norms of Articles 6-9 of the RF CC. The division of water use into joint and separate reflects the attitude to water as the basis of life and activity of peoples living in a joint territory (part one, article 9 of the Constitution of the Russian Federation).
The quality of natural resources as a common property of all the peoples of the Russian Federation is provided for in the Resolution of the Constitutional Court of the Russian Federation of June 7, 2000 N 10-P on the case of checking the constitutionality of certain provisions of the Republic of Altai and the Federal Law "On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation".
In accordance with the Water Code of the Russian Federation, the use and protection of water bodies as natural resource and as an object of property rights (clause 1, article 3) is more closely linked with the use and protection of land as part of nature and the subject of civil, property relations. This determines the application of the norms of the Land Code of the Russian Federation to water relations, if they are not regulated in the RF VK.
So, in accordance with paragraph 3 of Art. 23 of the Land Code of the Russian Federation for free access to the coastal strip, public easements can be established. In paragraph 8 of Art. 27 RF LC provides for a ban on the privatization of land plots within the coastal strip established in accordance with the RF VC.
The issue of granting fishing plots for separate use for fish farming in the Federal Law of December 20, 2004 N 166-FZ "On Fishing and Conservation of Aquatic Biological Resources" has not been resolved. In Article 1 of the Law, fish farming is defined as the cultivation of fish, other aquatic animals and plants, and in Art. 18 the concept of fishing grounds is given.
The fishing area consists of the water area of a water body or part of it and the coastal strip of land and is formed in certain boundaries for the implementation of industrial fish farming. The said Law defines the procedure for approving the list of fishing grounds, which include the water areas of the internal waters of the Russian Federation, including internal sea waters and the territorial sea.
Separate water use can be carried out on water bodies owned by individuals or legal entities. In accordance with Article 8 of the RF VK RF, only ponds and flooded quarries can be owned by individuals or legal entities.
According to the Federal Law of June 3, 2006 N 73-FZ "On the Enactment of the Water Code of the Russian Federation", the terms "separate water body", "closed reservoir", "closed reservoir" do not apply and are replaced by the terms "ponds, flooded quarries "(Clause 1, Article 130, Clause 2, Article 261 of the Civil Code of the Russian Federation, Clause 3, Article 23, Clause 1, Article 40, Clause 2, Article 77, Clause 12, Article 85 of the Civil Code of the Russian Federation, Art. 1 of the Federal Law "On state registration of rights to real estate and transactions with it", Part 2 and Part 3 of Article 50 of the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation").
According to paragraph 2 of Art. 261 of the Civil Code of the Russian Federation, unless otherwise provided by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, plants growing on it. Article 40 of the Land Code of the Russian Federation lists the rights of landowners. The rights and obligations of owners of water bodies and water users are provided for in Article 39 of the RF VC.
one of the main institutions of water law, regulating various forms consumption of water resources. The water legislation of the Russian Federation distinguishes three types of water: long-term, short-term, and limited (water easement). According to the target feature, there are economic (industrial, transport, irrigation, etc.), environmental, recreational, scientific, emergency and other types of V. How general rule the water legislation establishes the principle of payment for water (see Payment for water).
Great Definition
Incomplete definition ↓
WATER USE
use of water in the manner prescribed by law. In the USSR, all water resources are nationalized and are the exclusive property of the state. The nationalization of waters was established by the Decree "On Land" and enshrined in Art. 6 of the Constitution of the USSR.! The nationalization of the waters, combined with the nationalization of the land, created the best possibilities for the Soviet state in the use of water resources on the basis of national economic plans and in accordance with the requirements of the economic laws of socialism. The directives for the Fifth Five-Year Plan adopted by the 19th Party Congress contain a new grandiose program of water management measures, the implementation of which will significantly expand water supply and ensure a large increase in agricultural productivity and the amount of electricity in the country. Water is used for a variety of purposes: for transportation, timber rafting, for drinking, for industrial needs, for obtaining hydropower, for fishing and hunting, for medical, sanitary and hygienic purposes, for sports, etc. Water is especially important for agriculture in arid regions, where water is used to organize irrigated agriculture (irrigation) or to provide waterless and low-water areas with wells and reservoirs for livestock watering and household needs (watering).
As a general rule, water use is complex: the same body of water can be used for different purposes (eg transport, fisheries, irrigation, etc.). However, even with the complex use of water, depending on the main purpose of the reservoirs, the bodies in charge of which they are also determined. V. is carried out either by the Soviet state itself through state enterprises and farms (industrial enterprises, state farms, etc.) or transferred to collective farms, cooperative and public organizations and individual citizens to meet their needs. The order of water supply is different, depending on which water sources provide water (from natural water sources - rivers, lakes, from state irrigation systems, from ponds and reservoirs located on the territory of farms - collective farms, state farms, etc.) and for for what purpose the water is provided.
V. from natural sources for drinking, watering livestock and household (non-industrial) needs is permitted everywhere in compliance with established sanitary and water engineering rules; at the same time, the water user does not have the right to change the water regime of the river and violate the interests of other water users. Communal water supply in cities is carried out, as a general rule, through a system of water pipelines or other structures under the jurisdiction of city councils. V. for industry, railroad. transport, etc. is carried out according to the relevant plans by obtaining water from certain water sources (in cities also usually through a water supply system). From state irrigation systems, water is supplied for irrigation of crops, plantations and natural hayfields, for industrial, domestic and other needs under agreements concluded by water users with irrigation system departments in accordance with approved plans. The use of ponds and reservoirs located on the territory of collective farms, state farms and other land users for the purposes of irrigation and watering, for the purposes of fish breeding and obtaining hydropower for agricultural needs is carried out by the land users themselves.
Legislation on agricultural agriculture in arid regions has been elaborated in the most detail. Water is supplied from irrigation systems in accordance with plans drawn up by irrigation system departments on the basis of on-farm water plans approved by the district executive committees for each collective farm and state farm and applications from enterprises, institutions and other water user farms for water for industrial, household, domestic and other needs. On-farm plans for each collective farm and state farm should provide for the purposes for which water is supplied, the amount and timing of water supply, and be drawn up taking into account the new irrigation system. Irrigation systems administrations conclude agreements with water users; at the same time, the on-farm plans for V. collective farms and state farms are included in the contract as an integral part of it.
In order to ensure the correct and economical use of water, a monetary payment is established for the supplied water, which is collected from water users in the amounts established by law. Kolkhozes, state farms and other water-using farms are obliged to use the water they receive correctly and economically, to maintain the on-farm irrigation network in order, to prepare the soil for irrigation, and they are also obliged to take a free share in the cleaning and repair of irrigation systems.
The criminal codes of the Central Asian republics establish responsibility for violating the order of the V., including unauthorized seizure of water from state irrigation canals, digging banks, opening sluices, etc., for polluting the water in the canal, and for other violations of the order.
The Party and the Government pay great attention to the development of water management measures.
Great Definition
Incomplete definition ↓
Water Code in Art. 38 defines the types of water use. The types of water use enshrined in this article divide water users according to completely different criteria than the types of water use that were established in Art. 86 - 88 of the 1995 VK RF. It should be noted that these types of water use are not new for Russian water legislation and were enshrined in the provisions of Art. 23 of the Water Code of the RSFSR of 1972, in which, in addition to identifying the types of intended use of water bodies (to meet drinking, domestic, medical, resort, health and other needs of the population, agricultural, industrial, energy, transport, fisheries and other state and public needs) At the same time, the types of water use were divided into general and special (according to criteria similar to the 1995 VK RF), primary and secondary, as well as joint and separate water use.
The abolition of the division of water use into general, special and special can be explained by the abolition of the licensing system, which was carried out in relation to special water use. At the same time, in Art. 86 of the 1995 VK RF, when distinguishing between general and special water use, i.e. cases when it was required or not required to obtain a license, a very relative criterion was used - the use of facilities, technical means and devices. The use of this criterion did not always make it possible to properly determine the cases in which water users were required to obtain a water use license.
At present, the need for a special consolidation of the specified classification of types of water use has disappeared - in Art. 11 of the VK RF strictly delineates the purposes of using water bodies, the implementation of which requires the conclusion of a water use agreement, the adoption of a decision to grant a water body for use, or it is not required to use any of these methods of legal registration of water use relations in general.
Separate water use differs from joint water use in that in the first case, the water user exercises exclusive use of the water body, i.e. the use of the water body by other water users is excluded. At the same time, separate water use is possible in the case when a person uses a water body or part of it that is in private, as well as in state or municipal ownership, in order to ensure the defense of the country and the security of the state, other state or municipal needs.
Separately, the possibility of providing separate water use for fish farming is considered. Breeding fish species that are especially valuable in consumer terms implies the use of a water body exclusively by one water user, since the implementation of this activity requires the creation of special conditions for their reproduction.
Joint water use, in turn, is carried out in the water areas of surface water bodies that are state or municipal property, provided that they are not provided for separate water use, for example, public water bodies (see Article 6 of the RF VC).
Part 3 of the commented article gives a different classification of types of water use - according to the criterion of the possibility of water intake from water bodies during water use with the condition of its return or without return.
It should be noted that the abstraction (withdrawal) of water from water bodies in accordance with the RF VK is one of the types of use of surface water bodies that are state and municipal property, the implementation of which requires the conclusion of a water use agreement (part 1, article 11). At the same time, the volume of allowable intake (withdrawal) of water from a water body is one of the mandatory conditions of the said agreement (clause 2, part 1, article 13). If this volume is exceeded, the water user is obliged to pay a fine in the amount of 5 times the rate of payment for the use of a water body (part 3, article 18).
Meanwhile, in order to carry out activities related to the intake (withdrawal) of water from the mentioned water bodies for irrigation of agricultural land, according to the RF VK, it is required not to conclude a water use agreement, but to make a decision on providing a water body for use (part 2 of article 11). In this case, as well as when concluding a water use agreement, fixing the volume of permissible withdrawal (withdrawal) of water resources in the decision to provide a water body for use is mandatory (clause 2, part 1, article 22).
And, finally, it should be said that in accordance with Part 3 of Art. 11 of the VK RF, not all types of activities related to the intake (withdrawal) of water from water bodies require any legal formalization (conclusion of a water use agreement or a decision to grant a water body for use) in general. These types of activities include the intake (withdrawal) of water resources:
from an underground water body, including water resources containing minerals and (or) being natural healing resources, as well as thermal waters;
in order to ensure fire safety, as well as to prevent emergency situations and eliminate their consequences;
for sanitary, ecological and (or) navigable releases (water discharges);
by courts in order to ensure the operation of ship mechanisms, devices and technical means.
In all these cases, accounting in accordance with the established procedure for the volume of intake (withdrawal) of water resources from water bodies is, in accordance with the RF VC, the responsibility of both the owners of water bodies (obviously, if they are direct water users) and the water users themselves (clause 5 part 2 article 39). The exclusive obligation of water users using water bodies with the intake (withdrawal) of water resources is to take measures to prevent the entry of fish and other aquatic biological resources into water intake facilities, as well as to take measures to prevent pollution of groundwater and raising their level (part 2 of Art. 61).
Water use is the totality of all forms and types of water resources use. The water fund is the totality of all water bodies within the territory of the Russian Federation. The water fund includes all water bodies, both surface and underground. Thus, the concepts of "water fund" and "water resources" can be considered identical.
On the territory of the Russian Federation, water use is regulated by the Water Code of the Russian Federation. On fig. 2.6 provides a classification of water uses.
Rice. 2.6.
As can be seen from fig. 2.6, water use can be divided into water use with water intake from a water body and without water intake. Water use with water intake is carried out primarily for the needs of agriculture for irrigation of agricultural fields, for raising livestock, for domestic purposes, for the needs of industry. Without water abstraction - in the interests of transport, for example, transportation by inland and sea waterways, in order to generate electricity at hydroelectric power stations, for recreational purposes.
In turn, in the case of water use with water intake, there can be two options: with return and without return of water to the water body. As a rule, the lack of return of water is associated with the needs of crop production, since water either evaporates during use, or is included in the composition of crop production, becoming part of vegetables, fruits, etc. If the water is nevertheless returned to the water body, then, as a rule, its quality becomes to a certain extent worse than it was before use. An example of such a return can be municipal and industrial wastewater. Such water use leads to pollution of water bodies.
In addition to these types, water use can be divided into joint and separate. Separate water use is carried out on privately owned water bodies. At the same time, the use of a water body is limited to a certain circle of persons at the discretion of the owner of the water body. It should be noted that according to the current legislation, water bodies of natural origin on the territory of the Russian Federation cannot be in private ownership. In the case of joint water use, all citizens enjoy the right to use water in relation to a specific reservoir.
For the implementation of certain types of water use, it is necessary to conclude an agreement with local authorities for the use of a water body. Water use agreements are concluded for a period not exceeding 20 years for each water body. The law does not require the conclusion of a water use agreement if the water body is supposed to be used for the purposes of navigation, irregular takeoff and landing of aircraft, fishing and fish farming, extinguishing fires, irrigating crops, carrying out scientific research etc. A water use agreement is not drawn up in the case of exploitation of underground aquifers by drilling wells for water. However, if the water body is provided for use on a lease basis, is used for hydropower purposes or for the discharge of liquid waste, then the conclusion of an agreement is necessary.
In relation to water use, the following basic terms are used:
- water area - a body of water within natural, artificial or conditional boundaries;
- water resources - surface and underground waters located within water bodies, developed or available for use;
- water body - a reservoir of natural or artificial origin, a watercourse or other object with a certain water regime.
Depending on the nature of water use, water bodies can be divided into water bodies for household and drinking, recreational and cultural purposes, as well as water bodies for fisheries. In turn, reservoirs for fishery purposes can be divided into three more categories: reservoirs of the highest, first and second category. Fishery reservoirs of the highest category are, as a rule, habitats for especially valuable fish species, as well as breeding grounds for these types of aquatic biological resources. The second category of reservoirs for fishery purposes includes reservoirs that are spawning grounds for fish species that are not particularly valuable. The rest of the fishery reservoirs belong to the third category.
In the territories adjacent to water bodies, the so-called water protection zones are distinguished. water protection zone name the territories adjacent to the water area of surface water bodies. The width of the water protection zone is determined by the characteristics of water bodies. The minimum width of the water protection zone for lakes depends on the water area. With a water area up to 0.5 km 2, the width of the water protection zone should be at least 50 m; more than 2 km 2 - at least 500 m. For rivers, the minimum allowable width of the water protection zone depends on the length of the channel from source to mouth. If the length of the river does not exceed 10 km, then the minimum width of the water protection zone should be 50 m; with a watercourse length from 11 to 50 km, it increases to 100 m; if the length of the river exceeds 50 km, then it should be 200 m. For the coast of the seas, the width of the water protection zone is set at 500 m.
In addition to the water protection zone in the territories adjacent to water bodies, there are coastal defense zone. The width of the coastal protective strip depends on the slope of the coast. With a zero (flat coast) or negative slope of the coast, the width of the coastal protective strip is at least 30 m; with a bank slope of less than 3 °, it cannot be less than 40 m; if the slope of the coast is more than 3°, it should be at least 50 m. It should be noted that in any case, the width of the water protection zone cannot be less than the width of the coastal protective strip.
Within the boundaries of water protection zones and especially coastal protective strips, certain restrictions are established on the conduct economic activity. Cannot be used within the water protection zone wastewater to improve soil fertility, as there is real opportunity ingress of polluted effluents into the water body. In the water protection zone, it is impossible to arrange cattle burial grounds, place cemeteries, landfills for the disposal of production and consumption waste, burial grounds for burial hazardous substances and materials. Also, pesticides cannot be sprayed on these territories using aviation for these purposes. It is prohibited to enter the coastal water protection zone by motor vehicles. If within the water protection zone it is planned or carried out the construction of any object, for example, a water pumping station, then the project must provide for measures to prevent pollution of the water object during the construction and operation of this object.
Coastal protection zones have even more stringent restrictions on economic activity compared to water protection zones. In addition to the above restrictions, it is forbidden to plow the land in the coastal protective strip, as this can lead to siltation of water bodies with the products of washout from the plowed area. Also, it is not allowed to graze livestock in the coastal protection zone.
Water use, therefore, must necessarily be accompanied by measures aimed at protecting water resources. It is necessary not only to eliminate the consequences of negative impacts on water bodies, but also to prevent such impacts. In general, the protection of water resources is subdivided as shown in Fig. 2.7.
Rice. 2.7.
Pollution of water bodies (resources) is understood as the ingress into water of substances and materials that are alien to the aquatic ecosystem and can lead to its subsequent degradation. Pollutants can be substances dissolved in water, as well as substances that do not dissolve in water or are distributed in water in the solid phase, the so-called suspensions, the presence of which reduces the transparency of water, making it cloudy. Examples of pollution: discharges of salts of heavy metals, clay particles, oil products into the reservoir.
Clogging often refers to the ingress of various objects into the reservoir, such as pieces of polyethylene, glass and plastic packaging and utensils, paper, wood. Clogging in the first place significantly reduces the aesthetic value of the reservoir. In general, clogging can be considered a form of pollution. In this regard, the current legislation does not allow the discharge and disposal of production and consumption waste in water bodies. Discharge into water bodies of wastewater containing pathogenic microorganisms, as well as substances with an unknown level of MPC, is also prohibited on the territory of the Russian Federation. Separately, it should be noted that swamps and groundwater bodies, as equal components of the water fund of the Russian Federation, are also protected and the requirements are similar to those listed.
Depletion is associated with a decrease in water reserves. Outwardly, depletion is manifested in the drying up of the reservoir, lowering the levels of groundwater and groundwater. To prevent the depletion of water bodies, it is necessary to maintain a balance between the flow and flow of water.