Updated Procedure for Utilizing the Lands of the Water Fund Takes Effect January 30

On January 30, a pivotal change in the management of the water fund's lands is set to take place with the enforcement of the Government Resolution No. 80 of January 23, 2024, entitled "On Amendments to the Procedure for Using Water Fund Lands."

This updated Procedure outlines anew the comprehensive regulations for the exploitation of water fund lands. It includes policies on executing water conservation initiatives and conducting operational actions to maintain these lands effectively.

Key Aspects of the Updated Procedure

The revised Procedure offers a clear-cut mechanism for:

• Using water fund lands: It provides a structured approach to utilize these areas, strictly abiding by the rules established in the land legislature.
• Conservation efforts: It emphasizes the execution of a collection of water protection measures indispensable for preserving the ecosystem.
• Operational work: It enables the carrying out of essential tasks aimed at establishing and maintaining favorable conditions for these lands.

Definitions and Scope

The terms within the Order derive their definitions from several key regulations, including the Water Code, the Land Code, and the laws "On Waste Management" and "On Inland Water Transport."

According to the Procedure, water fund lands are defined as regions comprising:

1. Seas, rivers, lakes, artificial reservoirs, swamps, and islands not covered by forests.
2. Coastal protection zones along seafronts and riverbanks, as well as around other bodies of water, excluding forested lands.
3. Structures pertaining to water conservancy and canals, along with designated lands for these facilities.
4. Strips of land adjacent to navigational waterways.
5. Man-made plots established within the maritime domains of sea ports.

Permissible Activities

Under the revised Procedure, specific activities are sanctioned on the water fund lands, including:

• Construction of various hydraulic structures, lines, and hydrometric stations.
• Engineering operations including fortifications, boundaries, and navigational aids.
• Operational work like dredging to facilitate navigation.
• Mineral extraction, with the exception of sand, stones, and gravel in river channels of certain classifications.
• Clearing activities in rivers, canals, and reservoir bottoms.
• Establishing cables, pipelines, and other necessary utilities.
• Setting up temporary structures for unexpected vessel wintering or emergencies.
• Drilling and exploration works, ensuring environmental and procedural compliance.

Permits for these activities are granted as prescribed by law, with additional considerations for works that are sensitive to the water fund's ecological balance.

Restrictions on the Water Fund Lands

The Procedure enforces stringent bans on actions that may adversely influence the state or contradict the purpose of coastal protective strips, especially those along rivers and around reservoirs and islands. Prohibited actions include land plowing for reasons other than cultivation or afforestation, the application of harmful substances like pesticides, and storage of organic waste.

Moreover, construction is heavily regulated within these zones to prevent negative environmental impacts, and specific measures are imposed for the handling of waste and vegetation burning, ensuring adherence to the Ministry of Environment's guidelines.

Regulatory and Control Measures

To ensure compliance, state control is exercised by the State Geocadastre and its territorial branches. Moreover, executive bodies of local councils can partake in this supervision, provided they have the authority defined by law.

Ongoing Duties of Water Users

Individuals and entities utilizing artificial water bodies and water management systems must fulfill obligations mandated by law to maintain, protect, and reproduce water conservation plantings along waterways.

The effective date of January 30 serves as a cornerstone for the progression of sustainable water fund land management practices within the region's legislation, introducing refined methodologies for the preservation and utilization of precious water-related ecosystems.

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