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Law No. 5 Of 20 April 1972 Concerning Water Management In The Socialist Republic Of Romania

Original Language Title: LEGE nr. 5 din 20 aprilie 1972 privind gospodărirea apelor în Republica Socialistă România

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LEGE no. 5 5 of 20 April 1972 on water management in the Socialist Republic of Romania
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 42 42 of 24 April 1972



+ EXPLANATORY MEMORANDUM The rapid development of the industry, the modernization of agriculture, the increasing urbanization of the population and its standard of living, determine a considerable increase in water requirements and also an increase in the water pollution process. Also, in order to prevent the damage caused by floods, it is becoming more and more important to stem the destructive actions of the waters. In order to prevent the non-rational use of waters, their pollution process and to develop the water management activity as a whole, it is necessary to strengthen the state discipline in this field, by developing and applying uniform, precise and comprehensive legal norms in which to find a coordinated solution to the multitude and complexity of the social-economic relations that are created in relation to the waters. Taking into account the fact that the waters have the particularity that, in addition to the positive effects, they can also produce harmful effects, going up to real calamities, it appears the need to establish rules that contribute to ensuring the normal drain of water, allow the organization of a systematic action to prevent and combat floods and glaciers. In order to achieve in the field of water management of tasks drawn from the 2-th Congress Directives of the Romanian Communist Party, from other party documents and from the indications of senior party and state leadership, it is necessary The revision and substantial improvement of the legislation governing the main relations regarding the arrangement, use and protection of waters of the Socialist Republic of Romania. Starting from the considerations shown, the law on water management was adopted in the Socialist Republic of Romania, which, synthesizing the entire experience gained for 18 years in the activity of water management bodies, replaces Decree no. 143/1953 on the rational use, arrangement and protection of waters, the provisions of which have become obsolete have become mostly inadequate. The law includes a number of nine chapters. Chapter I "General provisions" contains general regulations of major importance. It is enshrined the principle that water management in the Socialist Republic of Romania is a state problem. It defines the notion of water, it is established the principle of planning the water management activity and the role of the planning plans of the river basins and the general plan for the arrangement of the waters of the Socialist Republic of Romania is provided. Chapter II "Prevention and Combating Destructive Action of Water" regulates the organization of defense against floods and ice, water drainage, protection of albides, banks and defense works, states that upon carrying out some defense works and public interest the money means are ensured both through the state budget and through the monetary and labor contribution of the inhabitants, according to the Law in force. Chapter III "Water use" enrolls the principle of rational use of waters, sets priorities in meeting water requirements, as well as in the case of temporary water use restrictions when due to drought or other objective causes, Water resources are shrinking. Chapter IV "Water Quality Protection" includes the principle that pollution in any way of water is prohibited and also provides the duty of all ministries, central bodies, socialist organizations and the inhabitants of the country, to protect waters against pollution. It was also inserted the obligation of all socialist units that evacuate waste water with a content exceeding the limits set by the normative, to build stations or treatment plants. Chapter V "Design, execution, maintenance and operation of works that are built on waters or related to the waters" regulates some problems in relation to the design, execution, maintenance and operation of these works which influence the regime, course or quality of water An important provision is that of the obligation of the opinion of the water management bodies given on the technical-economic documentation of these works. Also in this chapter, the conditions for issuing authorizations by water management bodies, their shelf life, cases when they can be restricted, suspended or cancelled are regulated. Chapter VI "Measures to defend and preserve agricultural land in connection with the execution of works that are built on waters or related to waters" contains effective measures on land defence and reduction to the strict necessary their employment of water management works. Chapter VII "Organization and control in the field of water management" provides which are the water management bodies and the rights they have to be able to fulfill their legal duties. The role of the county water management bodies is stressed both in this chapter and in other provisions of the law. In order to stimulate the rational use of waters and to take the necessary measures to protect them, the possibility of applying taxes and penalties to beneficiaries of water uses was inserted as a principle. Chapter VIII "Sanctions" includes the definition of facts that through their degree of social danger are criminalized as crimes and sanctioned as such, as well as the possibility to establish contraventions in the field of water management. Chapter IX "Final provisions" includes some procedural provisions in relation to law enforcement. The same is Decree no. 143/1953 on rational use, arrangement and protection of waters. Pursuant to art. 57 of the Constitution of the Socialist Republic of Romania we sign and we have to be published in the Official Bulletin of the Socialist Republic of Romania, Law no. 5 of 20 April 1972 on water management in the Socialist Republic of Romania.
President of the State Council,
Nicolae Ceausescu Bucharest, April 24, 1972. For the purpose of preserving the country's water resources, their rational management, the protection of the water quality and the defense of the population and the goods against the destructive action of the waters, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter I General provisions + Article 1 In the Socialist Republic of Romania, water management is a state problem. The Ministry of Agriculture, Food and Water Industry, through the National Water Council, is carrying out party and state policy on rational water management and providing water sources for the needs of the population and National economy, coordinates, directs and controls the use and protection of water resources. Conservation, arrangement and valorisation of water resources, protection of their quality against pollution rational use and saving of water, prevention and defence against harmful or destructive actions of waters, are tasks to which All bodies and state organizations, cooperative organizations, other public organizations and all inhabitants of the country must participate, according to the law. + Article 2 They are subject to this law: a) surface waters: natural and artificial water courses, natural and artificial lakes, puddles; b) groundwater, groundwater and deep water, including springs; c) inland sea waters: d) territorial sea. The provisions of this law are also subject to the laws of water courses, the words of lakes, banks, seafront, sea beach, the bottom of inland sea waters and territorial sea, the continental shelf as well as the works that are built on the waters or relate to the waters, whereby, directly or indirectly, definitive or temporary changes are made to the leakage regime or to the quality of the waters. The waters forming or crossing the state border are subject to the provisions of this law, in so far as by international conventions to which the Socialist Republic of Romania is a party it is not provided otherwise. + Article 3 By water management, for the purposes of this law, it is understood the totality of the measures, works, constructions and installations designed to ensure in a unified manner the water regime most appropriate to the general interests, in order to prevent and combating the destructive action of the waters, their rational use to meet the social-economic needs and their protection against exhaustion and pollution. + Article 4 In order to coordinate the water management activity, for the complex arrangement and optimal valorization of water resources, for their protection against pollution, as for the prevention of destructive water action, the National Council of the waters ensure the preparation, in collaboration with the ministries, the other central bodies and the executive committees of the county folk councils or the city of Bucharest, interested, of the plans for the arrangement of the river basins and of the plan general arrangement of waters of the Socialist Republic of Romania, on which to submit approval of the Council of Ministers. The arrangement plans highlight the quantitative and qualitative situation of water resources, on river basins, establish surplus and water scarcity in relation to the needs of social-economic development and indicate the most appropriate framework measures in Technical and economic point of view for the settlement, in stages, of water management problems, in the framework of the perspective of river basins. The plans for the arrangement or, where appropriate, only the hydrotechnical schemes of complex arrangement shall be regularly updated, corresponding to the stages of the development of the national economy. + Article 5 Water management, including the allocation of water resources, is planned. Important water management works are nominated in the state plan on the proposal of the State Planning Committee and the National Water Council. Proposals for works for the arrangement for multiple purposes of water resources, as well as proposals for works necessary to satisfy water or defence requirements against harmful or destructive water action, which interest several ministries, Central bodies, county folk councils or the city of Bucharest, are made by the National Water Council together with the holders of the state plan, interested. Proposals for the other works to use waters or defence against harmful or destructive water action, which are nominated in the state plan, shall be made by the ministry, the central body, the executive committee of the popular council county or city of Bucharest, interested, with the agreement of the National Water Council. + Article 6 The waters, works, constructions and water management plants will be used complex, whenever necessary and possible, in order to satisfy with the same amount of water and through the same work of as many requirements as possible. and to coordinate the use of waters with measures to combat their harmful or destructive actions and with measures to protect resources from years against exhaustion and pollution. + Chapter II Preventing and combating the destructive action of waters + Section I General measures to defend against the destructive action of waters + Article 7 In order to prevent and combat the destructive action of the waters, through the state plan and budget and through the monetary contribution and in the work for carrying out works of public interest, the necessary means for the construction of the main works of regularization of watercourses, accumulations, defences of banks, indiguiri, correction of torrents, desecations, asanari, afforestation of land degraded in river basins, preventing and combating soil erosion and landslides, as and for hydrometeorological forecasting and warning activity on the danger of flooding. On water courses, in areas exposed to destructive water action, socialist organizations, other legal entities, as well as individuals, are obliged to take the measures and execute the necessary works to defend the goods they have in property, direct administration or use. The location of constructions of any kind in the major beds of watercourses or in floodplains is allowed only with the opinion of the water management bodies and provided that the necessary measures are carried out to avoid the danger of flooding. + Section II Water drainage + Article 8 In undeveloped areas the waters must be allowed to drain according to the natural course. The holders of the downstream land are obliged to receive the waters that naturally flow from the land located upstream. The works of baring or crossing watercourses, levees, bridges, roads, railways, water plugs and any other works that may constitute obstacles in the natural drainage of the waters, will thus be executed and exploited, that any possible adverse changes in water drainage conditions to be minimal. + Article 9 The works or any other measures amending the water drainage regime can be executed only with the opinion of the water management bodies, given on the technical documentation, in accordance with the provisions of the law. For the works and measures that change the fairway of the waters on which navigation is made or navigation gauges, the opinion of the Ministry of Transport and Telecommunications is also required. + Article 10 Those who change without the opinion of the water management bodies the water drain regime and thereby cause or could cause damage, are obliged, at the disposal of the water management bodies, to restore the initial situation by the abolition of works carried out without an opinion or to carry out additional works to avoid damage. + Section III Protection of albides, banks and defence works + Article 11 Albia is the part of the natural valley through which the waters that are collected from the river basins flow. The whiteness through which the waters flow to small and medium-sized levels constitute the minor bed, and the areas of land over which the waters flow to high levels constitute the major bed. The delimitation of the beds is made by the water management bodies, in consultation with the land cadastre bodies and the holders with any title of the riparian land. + Article 12 Minor beds of watercourses and the words of lakes or puddles in their natural state, as well as the bottom of inland sea waters and territorial sea, are in the direct administration of water management bodies. The words of the lakes or puddles in their natural state, located in the land that socialist organizations, other legal entities or individuals, have in direct administration, property or use, are administered by them, according to the indications of the water management bodies. + Article 13 The lands that make up the major beds of watercourses or form flood areas of lakes and puddles are used by those who have ownership, direct administration or use, in compliance with the provisions of this law. + Article 14 The riparian and the beneficiaries of the water uses are obliged to participate in the execution of the maintenance works of the bed, on the portion on which they are riparian or beneficiaries of use, to prevent erosion, collapse of the banks or mired white due to harmful vegetation or other obstacles that would freeze the normal flow of water. The water management bodies coordinate the works to be carried out by the riparian and the beneficiaries of use, in fulfilling their obligations according to the previous paragraph, establishing the tasks, the contribution of each of them and the execution deadlines, granting, if necessary, specialized technical assistance. If the beds are arranged by constructions, earthworks or other works, the obligation of maintenance, repair and restoration of these works, as maintenance of the beds on the landscaped area, lies with those who have direct administration or in use those works. The maintenance works of minor bed and banks in the localities bordering water courses, in the undeveloped areas, are ensured through the care of the water management bodies. In order to carry out these works, the monetary and labor contribution of the inhabitants of these localities can also be used, in accordance with the provisions of the Law on the organization of money contribution and in work for carrying out obstesc. + Article 15 The storage of any materials in minor water beds is prohibited. The storage in the major beds of the waters of any materials is allowed only with the consent of the holder with any title of the land and on the basis and under the conditions of the authorization issued by the water management bodies. + Article 16 It is forbidden to plant or cut trees and shrubs on land that are not part of the forest fund, located in water beds, without the opinion of water management bodies, given with consultation of forestry bodies. For land that constitutes a forest fund, located in water beds, tree felling and afforestation will be made on the basis of the plans contained in the forestry facilities approved by the water management bodies. In the areas where there are levees, dams, canals, bridges, bridges or other works of art or plantations to protect the earthworks of the communication routes, the opinion provided for in the first paragraph will also be issued with consultation of the bodies that have direct or in use these works, and in the areas where navigation is made, and with the agreement of the competent bodies of the Ministry of Transport and Telecommunications. In the areas declared national parks or nature reserves, the opinion will also be given with the agreement of the Commission for the protection of natural monuments. At the request of the water management bodies, and for the navigable waters and the Ministry of Transport and Telecommunications, holders with any title of riparian land are obliged to make plantings or deforestation in whites, if the interests The defense of banks, ensuring the unhindered flow of waters, use of waters or navigation, impose this, in compliance with the legal provisions. + Article 17 The exploitation of sand, gravel, river stone, clays, marns and other materials in the beds or banks of watercourses, lakes or sea is allowed only on the basis and under the conditions of the authorization issued by the county bodies of Water management. The draws of materials from whites in quantities up to 1,000 mc per year, necessary for the maintenance of communal, county and forestry roads, can be authorized globally at the beginning of the year, based on the list of sites presented by the beneficiary. If the exploitation is to be made in the whites arranged or near the dams, sockets, embankments, communication paths, bridges and other works of art, for obtaining the authorization is also necessary the agreement of those who have direct administration or in use these works. It is exempted from the provisions of the first paragraph the ballast or sand draws carried out by the bodies of the Ministry of Transport and Telecommunications on the waterway courses, in order to maintain the navigable fairway, as well as the draws made for the purpose of maintaining the navigable channel of the Danube Delta channels, by the reed operating units. It is also exempted from the provisions of the first paragraph the extraction of white materials in small quantities for the needs of households belonging to individuals. These draws may be made only at a distance of not less than 200 m from hydrometric stations or other hydrotechnical works and with the approval of the executive committee of the popular council in whose territorial area the extraction is made, which, depending on local conditions, will determine on a case-by-case basis these quantities, so as not to cause degradation of albides and banks. + Article 18 In order to improve the water drainage regime and to protect the land exposed to soil erosion under the action of water drainage, the arrangement and exploitation of these lands shall be determined, as the case may be, by the agricultural or forestry bodies, with the opinion of the water management bodies and with the agreement of the executive committees of the municipal, city and communal folk councils. + Article 19 In order for the waters not to be deprived of the protection that forests provide and for the improvement of the water drainage regime, in the forests of the hill and mountain areas will be limited the tree cuts to the level provided in the forest facilities and in the watersheds with a high degree of torrential the surface of the parquet that will be cut laughter will not exceed 10 hectares. Plans for afforestation and location of wood to be exploited, as well as plans for works to combat soil erosion on agricultural and forestry land, regularization of water drainage on slopes and extinguishing of torrents, on basins hydrographs, will be endorsed by the water management bodies. In the river basins where there are or are provided for accumulation lakes, dams, embankments, canals, agricultural and forestry bodies competent will take measures to protect them through works to combat soil erosion, from regularization of water drainage on slopes and forest facilities, as well as by the application of special rules for the maintenance of works carried out and exploitation of the forest fund. + Article 20 Around natural lakes and reservoirs, dams and other hydrotechnical works, as well as along watercourses, canals and levees, protection zones are established. The size of the protection zones and the use of land in these areas shall be established by decision of the Council of Ministers. + Article 21 The lands located in the dig-mal area can only be used in conditions compatible with the interests of the defense against the destructive action of the waters, established by the water management bodies of agreement with those who have in operation and maintenance levees and land holders. + Article 22 Holders of riparian land shall be obliged to: a) the passage or movement of employees of the water management bodies, in order to fulfill the duties of these bodies; b) performing, in the bed and on the banks, of studies and measurements on the water regime, as well as the realization and maintenance of the installations intended for these activities; c) transport and storage of materials and machinery for actions to ensure the flow of waters and defense against their destructive action, as well as the execution of intervention works for this purpose. If access to waters for the purposes referred to in lett. a and b of the previous paragraph can only be done through land belonging to the Ministry of Armed Forces or the Ministry of Interior, the access routes will agree with the units of these organs. Access routes and storage places for the shares referred to in lett. c of para. 1 will be determined with the consent of the holders with any title of the land and of the executive committee of the municipal, city or communal popular council, as the case may be. For crop damage, land holders will be compensated according to legal norms. + Article 23 For the purposes of the protection of levees, dams and other defence works against the destructive action of waters, it shall be prohibited: a) to extract land or other materials from embankments, dams or other defence works, as from their protection zones; b) the storage of materials and the execution of constructions on embankments, dams or other defense works, as in their protection zones; c) plant trees and trees of any kind on embankments, dams and on other defense works; d) circulate with vehicles or pass with animals on levees or dams, unless they are carriageways or the passage is made through places specifically intended for this purpose; e) let animals graze on embankments or dams, on banks or in whites, in areas where works are carried out, as well as in their protective perimeters. The county water management bodies may authorize, with the consent of those who have in direct administration the works provided for in the first paragraph, the actions of lit. b, c, d and e, if no danger of degradation of the works is created. + Section IV Organisation of defence against floods and glaciers + Article 24 Defending against floods and glaciers is a permanent task for all state bodies and organizations, the other socialist organizations, as well as a duty for all the inhabitants of the country. + Article 25 The guidance, coordination and control of flood and glacier defense measures, throughout the Socialist Republic of Romania, shall be made by the National Water Council, through the Central Committee on Flood Defense and Ghettos, including representatives of ministries and other central bodies concerned. On the territory of each county and the city of Bucharest, the flood and ice defense action is coordinated and controlled by the executive committees of the popular councils, through county, municipal, city or communal commissions. defences against floods and glaciers. Within the ministries, the other central organs, as well as the units that may be affected by the floods, are constituted defense commands against floods and glaciers. The composition, duties and manner of organization and operation of commissions and defense commands against floods and glaciers are established by the Defense Regulation against floods and glaciers, which are approved by decree. + Article 26 The flood and ice defense is carried out on the basis of defense plans that draw up for each river basin, county, municipality, city and commune, by the executive committee of the local folk council, with the technical assistance of the organ and county of water management, and for each objective of apparatus, by those who have in direct administration or in use those objectives. The framework content of the defence plans shall be established by the Defence Regulations against floods and glaciers. + Article 27 In the periods of large waters, to avoid the occurrence of calamities, on the proposal of the county flood and ice defense commissions, the central flood and ice defense commission may order the directed flooding of the pre-established premises through flood and ice defence plans or introduce restrictions to the operation of water evacuation systems, holders of any riverside land title being obliged to allow Provisional water retention on their land. The compensation of those damaged by the provisional detention of waters or by flooding of land in a directed manner is approved, in relation to the damage caused, by decision of the Council of Ministers, on the proposal and on the basis of the documentation drawn up for this purpose by the executive committees of the county folk councils or the city of Bucharest, with the opinion of the Ministry of Agriculture, Food and Water Industry. + Article 28 In particular cases, the armed forces of the Socialist Republic of Romania participate in the action of defense against floods and glaciers. The intervention of the armed forces is done through military units in the area, based on the provisions given, as the case may be, by the Ministry of Armed Forces + Article 29 Socialist organizations are required to ensure proper maintenance of flood and ice defense works to flood-exposed targets, under direct administration or in their use, and to endow with water. tools, materials and machinery, according to the regulations in force. + Article 30 In case of danger of flooding or other calamities produced by waters, holders of riparian land are obliged to allow the use of land, sand, gravel, stone and other materials in white, ostroave and water banks, in view of the execution of urgent defence works against the destructive action of the waters. In the case of port areas, land with underground installations, land under the administration of the Ministry of Armed Forces or the Ministry of Interior, the provisions of the preceding paragraph shall apply only with the consent of the + Article 31 In order to prevent or combat the calamities caused by the large waters, all able-bodied residents are obliged, at the request of the local bodies of the state administration, to participate in the defense action organized by them. Also, for the same purpose socialist organizations, other legal entities and individuals are obliged, at the request of the same bodies, to provide the materials, tools, means of transport and machinery they own, for to be used in the defense action, under the conditions provided by law. + Chapter III Water use + Article 32 The waters will be managed so as to ensure their rational use, to meet the water requirements, current and perspective, of the population and the economy. + Article 33 New water requirements are met from the available water resources, in order of the social-economic importance of the uses, established by this law or other normative acts. Meeting water requirements for the population takes precedence over any other use. It also has priority to supply water to the serving units of the population and the zoo-technical sector. If, in a given area, there are no water resources available and justified water requirements arise, which have priority from a social-economic point of view, they can be met from water resources previously distributed to other uses. In this case, the water management bodies will establish the new beneficiary of the water use, through the opinion given in accordance with art. 59, the works or measures that it must carry out in order to ensure the continued operation of the limited water uses. + Article 34 Groundwater, including springs, is primarily intended for the supply of drinking water to the population and may not be used for purposes other than where the population water supply requirements are not affected, except for extinguishing. fires. + Article 35 Drinking water from the water supply network of populated centers is intended to satisfy social-economic requirements and activities, which cannot be deprived of drinking water. This water may be intended for other uses only if it has been ensured that the requirements set out in the preceding paragraph are satisfied and only provided that the new uses can be limited or abolished, where new requirements arise for water supply to the population. + Article 36 Socialist organizations that use water are obliged to adopt production technologies based on water consumption as small as possible and to save water by recirculation or repeated use. The National Water Council shall establish, in collaboration with the Ministries and other central bodies concerned, water consumption rules and shall pursue their application. The beneficiary socialist organizations of water uses are obliged to organize the measurement of water flows captured and discharged, installing for this purpose the necessary equipment and control. + Article 37 Land holders can use freely, for their needs, the waters that fall and naturally gather from rain and snow on these lands. Surface and underground waters can be used freely, by anyone, for drinking, watering, watering, washing, bathing and other household needs, in compliance with sanitary norms and water quality protection, if no use is made for this. kind of installations or use small facilities intended solely for the satisfaction of the needs of the household. + Article 38 The use of surface and underground waters, for drinking and industrial water supply, irrigation, electricity production, fish farming, stuficulture, floating, flotation, leisure or for any other purposes, outside those provided in art. 37, is allowed only on the basis and under the conditions of the authorization issued by the county water management bodies. + Article 39 If natural causes or other objective causes, water resources are reduced so that authorized water flows cannot be entirely provided to all uses, temporary restrictions may be applied in water consumption. The restrictions are established according to the social-economic importance of the uses, based on plans of restrictions on river basins, prepared by the water management bodies, in collaboration with the beneficiaries of water uses, and endorsed by the ministries, other central bodies and executive committees of the county folk councils, interested. When establishing the restrictions it will be given priority to satisfy the water supply of the population, to the serving units of the population, to the livestock sector and to ensure the water reserve for firefighting. At the landscaped fish units, the restrictions will not exceed the critical fish living limit. The restrictions apply with the approval of the executive committees of the county folk councils if it affects only uses of local interest or the approval of the Council of Ministers in the other cases. + Article 40 Navigation, fishing, the use of mineral and thermal waters, as well as the exploitation of reed in the Danube Delta, are regulated by special norms. The works that are carried out for these purposes, if they modify the drain regime or the quality of the waters, are subject to the provisions Navigation, floating, flotting and fishing will be carried out so as not to cause damage to banks and beds, construction and installations in whites, monuments of nature and not to embarrass the use of water by others. Straightened. + Article 41 Groundwater management of groundwater is based on knowledge of groundwater reserves available for use. The confirmation of groundwater reserves of depth follows the regime established for the confirmation of reserves of useful mineral substances + Article 42 For the rest and recreation of the people and the valorization of the beauties of nature, the central and local organs of the state administration, in collaboration with the Ministry of Tourism and other interested bodies, care for the study and arrangement throughout water courses or around lakes, some tourist and recreational areas. + Chapter IV Water quality protection + Article 43 Pollution in any way of surface or groundwater is prohibited. Water pollution means the alteration of their physical, chemical or biological qualities, produced directly or indirectly by human activities, as a result of which the waters become unfit for normal use for the purposes in which such use was possible before the alteration occurs. + Article 44 Ministries, other central organs, local government bodies, socialist organizations, other legal entities, as well as all the inhabitants of the country, have a duty to protect the waters against pollution so that they can be used for the purposes of population, economy and for the protection of aquatic life. + Article 45 Waste water disposal, disposal or injection, in any way, of materials that can produce surface or groundwater pollution, is only allowed on the basis and under the conditions of the authorization issued by the county water management bodies. The evacuation and injection of waste water or other materials in the deep aquifer horizons are also made with the opinion of the Department of Geology of the Ministry of Mines, Oil and Geology, according to the legal provisions in force. + Article 46 Wastewater, within the meaning of this law, are the waters that drain after being the subject of a use, such as the waters used in human settlements, hospitals, sanatoriums, factories, plants, thermoelectric plants, mines, scaffolding, livestock farms, warehouses, leakage from ships and boats, runoff from rainfall or other sources that have been loaded with foreign substances from these uses, as well as the waters to which the temperature has changed as a result of the use. The waters that after use become radioactive or increase their level of natural radioactivity are also considered wastewater. + Article 47 The use, transport, handling and storage of materials or other substances, on the waters, in areas around the waters and in any other place from which these materials or substances could reach surface or underground waters, will be done in such a way. of conditions that water pollution does not occur. + Article 48 The wastewater from the sewerage networks of the populated centres will be discharged into the water courses only after they have been provided with an appropriate degree of treatment. The executive committees of the popular councils will take measures to build treatment plants at populated centers equipped with sewerage network. The ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest, as well as the industrial plants, will take measures to build stations and treatment plants at the units below their guidance and control, which discharges waste water with a content of polluting substances exceeding the quality limits set by the water management bodies. For radioactive waste water, these limits shall be established in collaboration with the competent central state bodies. The obligations set out in the preceding paragraphs also relate to the completion, functional optimisation or extension of existing treatment plants and plants, as their efficiency or capacity becomes insufficient. Socialist organizations that evacuate wastewater into sewage networks or wastewater treatment plants of populated centers or other beneficiaries are obliged to comply with the quality conditions imposed by the operating bodies of these networks, according to the regulations in force in this field, ensuring, when appropriate, the wastewater treatment at the place of production, up to the required level. In such situations, the opinion of the water management bodies is also necessary, which can establish, in certain cases, the conditions on which the wastewater from these organizations must meet. It is also mandatory to purge or reinject into the deep layers of mine or deposit waters that do not meet the quality conditions set by the water management bodies. + Article 49 It is forbidden to put into operation new units or to extend existing units, which through their activity can be sources of water pollution, without treatment plants and plants, or without other works or quality protection measures. the waters, provided for in the water management notice. With this opinion, in addition to wastewater treatment conditions, water management bodies may require industrial units that feed themselves with water from surface sources to evacuate the waters purged upstream of their own catchment as a measure of water treatment. Additional safety of water quality protection. + Article 50 Socialist organizations that possess water treatment plants or plants are obliged to exploit the capacity and technological conditions necessary to ensure the quality of the waters, established by the opinion provided in art. 59 and to maintain them in good conditions, in accordance with the technical rules of treatment and with the provisions of the authorization issued by the water management bodies. + Article 51 When establishing or changing industrial technological processes socialist organizations will take measures to recirculate water, reduce as much as possible the volume of waste water discharged, decrease of nocivity, respect for waste Valuable substances and useful substances in wastewater and for the treatment of discharged waters, up to the limits set by the water management bodies. + Article 52 In the event of serious pollution of the waters or in the case of a danger of serious pollution that threatens the health of the population or can cause significant damage to the economy, the National Water Council may order the operation of its the installation that causes water pollution, until the causes are removed, with the prior knowledge of the central body or the executive committee of the popular council under which the unit in question is located. + Article 53 In order to ensure the quality of drinking water, the Ministry of Health establishes the conditions for drinking water, the necessary sanitary measures at water supply facilities and consumer points and ensures control over them. In order to protect sources and supply facilities with drinking water, health protection zones are established around them in which, in addition to the measures provided for in this chapter, special protection measures are also applied. The establishment of the sanitary protection zones and the land use regime in these areas is regulated by special legal norms. + Article 54 The water management bodies ensure the organization of the water quality data fund, by systematically tracking them, draw up water quality management plans on rivers and river basins and provide the organizations with water quality. socialist, at their request, the results of studies and research undertaken, as well as data on the conditions of discharge of wastewater in surface or underground waters. The establishment of the water quality data fund contributes all organizations that carry out water analyses, under the conditions that will be established by decision of the Council of Ministers. + Article 55 The water management bodies exercise, according to the legal norms, the systematic control of the application of water quality protection measures, collaborating with the sanitary, fish and hunting, tourist and other state organizations and obstesti. For water courses, in which the preservation of a proper water quality requires special measures to coordinate protective actions, water quality supervision commissions will be established. These commissions operate under the guidance of the National Water Council and are constituted by representatives of the executive committees of the interested councils, the county water management bodies, the county health inspectorates, units that use the water course as a power source, as well as units that can cause its pollution. + Chapter V Design, execution, maintenance and operation of works that are built on the waters or relate to the waters + Article 56 For the purposes of this law, through works that are built on waters or related to waters, it is understood: a) construction or defense installations against the destructive action of water: indiguiri, defences and consolidations of banks and whites, rectifications and reprofiling of whites, works of water routing, combating soil erosion, regularization of the drain on the slopes, corrections of torrents, desecations and asanari, other defense works; b) water use works with constructions and related installations: drinking water supply, industrial and irrigation, fish facilities, stuficole facilities, hydroelectric power plants, hydromechanical uses, navigation facilities, floating and flotation, floating bridges, spa, tourist or leisure facilities, other works of this kind; c) works, constructions and installations for the protection of water quality or that influence the quality of the waters; sewerage works, discharge and discharge of waste water, treatment plants and plants, water injections underground, other such works; d) works, constructions and installations that modify the water drainage regime: dams, accumulations, derivations, bridges, crossings, fittings for ballasters and exploitation of materials, afforestation and deforestation, anti-erosion or filter curtains, any works in the beds of watercourses and in lakes; e) works, constructions and installations that are carried out on the sea beach, the bottom of inland sea waters and territorial sea, continental shelf or works for the defense of the sea shore; f) works of boreholes, hydrometric installations, topohydrographic terminals and any other works of field studies in relation to the waters. + Article 57 When developing technical documentation for the works provided in art. 56 the provisions of the river basin arrangement plans, which have a director character for all works that are built on the waters or related to the waters, will be taken into account. The provisions of the arrangement plans will also be considered for the execution of works other than those listed in art. 56, in order to preserve the sites of future works for the enhancement of water resources. The water management bodies will have at the disposal of the interested units the planning plans to which the provisions of this article refer. + Article 58 If a work in the category of those listed in art. 56 is appropriate or can be made appropriate to be used simultaneously by several interested parties, they may associate to execute in collaboration the work of common interest. The water management bodies will provide, in the opinion on technical documentation, the association and collaboration of stakeholders, whenever from the point of view of water management and economic efficiency it is also indicated that, instead of more many works in the category of those provided for in 56, to carry out a work of a complex character, after a unitary project. Also, in the absence of legal provisions or a settlement between the parties, the water management bodies indicate in the opinion what are the parties to associate, the quotas with which they are necessary to participate in the execution expenses in report with the benefits or interests of each of them, as well as the time limits to which the corresponding funds are required. + Article 59 In view of the rational and complex use of waters, the protection of water quality and the avoidance of damage caused by the destructive action of the waters, the technical documentation of the works being built on the waters or related to the waters must have the opinion water management bodies. This opinion is binding. The functional parameters of water management, of the works and the conditions for their exploitation in terms of water management are recorded in the opinion. The powers of approval shall be determined by decision of the Council of Ministers. The opinion of the water management bodies shall be issued taking into account: a) the classification of works in the plan of arrangement of the respective river basin; b) ensuring the normal flow of water; c) defence against harmful or destructive actions of waters; d) the possibilities to satisfy the required water flow; e) coordination with the existing water use and the interests of the riparian; f) water quality protection; g) the complex use of water and hydro-technical works and the adoption of the most rational and economical solutions in terms of water management; h) compliance with international conventions on waters forming or crossing the state border. The National Water Council sets out the content of the technical documentation for obtaining the opinion from the water management bodies and the approval procedure. If the work is not executed within 3 years from the date of approval, a new opinion is required. + Article 60 The plans and hydrotechnical schemes for the arrangement of river basins and their periodic reupdates, as well as the technical documentation of the complex water management works of special importance, shall be endorsed by the collective body of leadership of the National Water Council, with the participation of representatives of central and local stakeholders. + Article 61 It is exempted from the provisions of art. 59 59: a) the works of afforestation and deforestation, combating soil erosion, regularization of the drain on slopes and correction of torrents, provided in the approved plans according to art. 19 19 para. 2 2; b) the provisional works for the water supply of the site organization works, as well as the geological research boreholes, if the total flow taken does not exceed two liters per second; c) injections into the deep-sea layers, for technological purposes, of the deposit waters from the crude oil extraction scaffolding, which do not produce the pollution of the crossed water strates. + Article 62 Opinion of the water management bodies provided for in art. 59 it is also necessary in case of modification or abolition of existing works, or if the elements envisaged when the initial opinion is issued are changed. + Article 63 By the opinion given in accordance with art. 59 59 or by authorization issued in accordance with art. 64, the water management bodies may oblige those who request opinions or authorizations to execute the works or take the necessary measures so as not to embarrass the operation of existing uses or what will be created and not to cause damage to the riparian upstream and downstream. + Article 64 The commissioning of works that are built on the waters or related to the waters, approved, according to art. 59, is allowed only on the basis and under the conditions of the authorization issued by the county water management bodies. Upon issuing the authorization, the water management bodies shall verify compliance with the provisions of the opinion given in accordance with art. 59 of this law and establish, taking into account this opinion, how the right of use will be exercised and work will be exploited. + Article 65 Authorisations shall be required by socialist organisations, other legal persons or by natural persons exploiting the works. For works serving several beneficiaries a single authorization is issued to the one who has in direct administration, property or in use that work. The procurement and discharges of waters shall be approved by the holders of the authorization, within the limits of the rights and in compliance with the conditions laid down in In such situations, the opinion of the county water management bodies is also necessary, which can establish, in certain cases, the conditions under which waters can be taken or discharges of other beneficiaries than the holder of the authorization. The national water council shall determine the content of the technical documentation necessary for the issuing of the authorisation, the procedure for issuing it, and the cases under which certain conditions, necessary to be included in the authorisation, shall be determined by that body + Article 66 The authorization may be issued in indeterminate or term time. The right acquired under the authorization cannot be transmitted without the consent of the water management bodies. The authorization for the temporary use of water for geological drilling works can be given globally, at the beginning of the year, based on the list of sites of water sampling points that are considered that year. + Article 67 The authorisation shall lose its validity in the following cases: a) on expiry of the time limit for which it was issued b) when the acquired rights are not exercised for 2 consecutive years. + Article 68 The authorisation may be amended, suspended or withdrawn by the bodies which have issued it, if: a) the water resources or the beds have undergone essential changes to the situation envisaged when the authorization is issued; b) new water requirements must be met that must be met with priority; c) due to unforeseen causes or at fault of the holder of the authorization the continued exercise of the acquired right endangers the life or health of the population, or the security of public or natural persons. + Article 69 The works built on the waters or related to the waters are fixed funds of the socialist organizations that built them or acquired them in any way. + Article 70 Those who have direct, proprietary or in use works built on waters or related to waters are obliged to maintain them in good conditions and to exploit them in accordance with the provisions of the opinions and authorizations issued by Water management bodies. If the water management work serves several beneficiaries, they may be associated with a view to maintenance and exploitation. + Article 71 Works built on waters or related to waters, in which several beneficiaries are interested, are maintained and operated, as the case may be: a) the principal beneficiary established by the act of approval of the work; b) of each beneficiary for the related part of the work; c) the beneficiaries ' association; d) of water management bodies or other specialized organizations established by legal provisions. In the cases provided for in this Article, the maintenance and operation of the works shall be determined by the Regulation drawn up by the interested parties. The regulation also establishes the participation rates in the common maintenance and operating expenses, whenever for the water delivered, the receipt of waste water in the emissary or for services provided through the works, are not established Prices or legal fees. If the maintenance and operation of the works are not carried out by the water management bodies, the regulation provided for in the previous paragraph will be endorsed by these bodies. In the absence of legal provisions or in case of misunderstanding between the parties the water management bodies establish which are the interested parties in the maintenance and exploitation of the works provided for in this article, as well as their share of participation in bearing common expenses. + Article 72 Those who give up the use of a work built on the waters or related to the waters are obliged, at the disposal of the water management bodies, to abolish this work, if it embarrass the normal flow of the waters. + Chapter VI Measures for the defence and conservation of agricultural land in connection with the execution of works on waters or related to waters + Article 73 The design and performance of the works that are built on the waters or related to the waters will be done in compliance with the legal provisions on defense, conservation and use of agricultural land. + Article 74 When establishing the routes and sites of the works of indiguirs, defences and consolidations of banks, rectifications and reprofiling of whites and combating soil erosion will be aimed at avoiding the occupation of arable land, vineyards or orchards and maintaining the possibility of normal exploitation of neighbouring land. + Article 75 When designing works for the use or protection of water quality, as pumping stations, tanks, treatment plants, treatment plants, electric transformer stations, workshops, annex buildings, sites, provisions in the plan and constructive solutions to ensure maximum use of occupied land, avoiding unused spaces for technological purposes. In the case of the development of works such as those provided for in the previous paragraph, the maximum use of land within the perimeter already affected by existing works will be pursued, in order to avoid or reduce to the strict necessary removal from production agricultural of other land. + Article 76 When designing the reservoirs it will be considered that, in addition to obtaining favorable technical-economic indicators, arable land areas, vineyards and orchards, flooded by creating lakes, to be as low as possible and also to obtain a Accumulated water volume as high as reported on these surfaces. + Article 77 For the compensation of agricultural production losses on arable land flooded by the creation of reservoirs, in the technical documentation will be followed: a) the removal from the flood regime, in order to move to a higher category of use, of land areas, located downstream of each reservoir, of size at least equivalent to the arable land area flooded by the lake of accumulation; b) to provide irrigation with water from the reservoirs created for the purpose of drinking with drinking and industrial water, to produce electricity and, when possible, and from those for flood defences, land areas on to obtain a higher agricultural production increase than the production that is carried out on the lands flooded by these lakes. + Article 78 When organizing the execution of works that are built on the waters or related to the waters, the agricultural land temporarily used to bury the pipes for bringing or evacuation of the waters, as for the construction sites, will be occupied on a the length of time strictly limited to the needs of the technological process of execution and will be rendered able to be used in agricultural production at the end of the works. It will also be aimed at restoring land in agricultural production to be done before the agricultural crop period. Failure to edit land in order to be used in agricultural production on the expiry of the deadline until which their temporary removal from agricultural production has been approved constitutes contravention and is sanctioned according to the legal provisions. + Chapter VII Organization and control in the field of water management + Article 79 Water management bodies within the meaning of this law are: a) The National Water Council of the Ministry of Agriculture, Food and Water Industry, which provides water management on river basins and throughout the country; b) the county water management bodies, as specialized bodies of the executive committees of the county folk councils, which ensure the management of the waters locally. The powers and powers of the bodies set out in the preceding paragraph shall be + Article 80 For the exercise of inspection and control in the field of water management, the National Water Inspection works within the National Water Council. The organization and functioning of the State Water Inspection shall be established by decree. + Article 81 In order to apply the provisions of this law and to ensure the state discipline in the field of water, the employees of the water management bodies, in the performance of their duties, are entitled: a) access to waters, in areas along the waters, as in any place, establishment and installation, where it is necessary to make findings on the application of water management measures; b) to inspect the works built on the waters or related to the waters and to check whether they are executed, exploited and maintained in accordance with the legal provisions and in compliance with the provisions of the notices and authorizations issued of water management bodies; c) to take water samples and to examine at the controlled units, under the conditions provided by law, any data or documentation necessary for the control; the management of the controlled units are obliged to give all the necessary information to carry out control; d) to give mandatory indications to the controlled units for taking the necessary measures in order to remove the deficiencies found; e) to ascertain violations that constitute crimes or contraventions in the field of water management and to conclude the acts provided by the legal provisions. For the exercise of the rights provided for in letter a, b and c of the previous paragraph in the units of the Ministry of Armed Forces and the Ministry of Interior, the water management bodies will obtain their approval in advance. The authorities of the militia and the other state bodies are obliged to contest the employees of the water management bodies, if they encounter resistance in exercising the rights provided in par. 1. + Article 82 The measures that are taken by the water management bodies do not remove the obligation of those culpable to repair the damage caused by violating the provisions of this law or the opinions and authorizations issued by the water management bodies. + Article 83 In order to know the water resources and their regime, the National Water Council organizes the preservation and processing of hydrological, hydrogeological and meteorological data, information and forecasts, obtained on the basis of observations, measurements and studies carried out by the specialist units of their own and other ministries or central bodies. The organization and preservation of the hydrological, hydrogeological and meteorological data fund, as well as the way of service with data, information and forecasts, are established by decree. The organization and preservation of the hydrogeological documentation fund for deep groundwater follows the regime established by the legal provisions for geological works. + Article 84 The water management bodies draw up and keep up to date the general cadastre of the waters, including data on water resources, water works and uses, flood areas, degradation of water products on their beds, pollution sources of water. water and other characteristic elements, providing the socialist organizations with the data and information required. The holders of the riparian land and the beneficiaries of works built on the waters or related to the waters are obliged to provide the water management bodies, at their request, the data necessary for the preparation and keeping up to date the general cadastre of the waters. + Article 85 The beneficiaries of the works built on the waters or related to the waters are obliged to carry out in the area of these works and to communicate to the water management bodies, according to the technical instructions given by these organs, observations, analyses and systematic measurements on the surface and groundwater regime and on how to conduct the works, ensuring that the necessary facilities are for this purpose. The technical instructions set out in the preceding paragraph shall be given with the authorization provided for in Article 64. + Article 86 The county water management body provides specialized technical assistance, in the issues forming the subject of its duties, executive committees of the municipal, city and communal folk councils, as well as, together with the bodies. ministries and other central, relevant bodies, economic, state and cooperative units, within the county. + Article 87 For the provision of services by socialist organizations, in the field of water management, tariffs are established that are approved by decision of the Council of Ministers. Water management bodies are in the right to charge for the use of water and for evacuation in surface and groundwater waters. The uses to which the provisions of the previous paragraph apply, the size of the taxes, the incentive elements of the units, as well as the use of the amounts collected from taxes, for water management works, are established by decision of the Council of Ministers. For the degradation of the quality of natural water resources, penalties that will be established by law can also be applied. + Chapter VIII Sanctions + Article 88 The execution of works on the waters or related to the waters, modification or extension of such works without the opinion of the water management body or in violation of the opinion, if this creates a danger to the population or could be cause damage to the national economy, constitutes a crime and is punishable by imprisonment from one month to one year or fine. With the same punishment are sanctioned those cases of surface or underground water pollution, which endanger the health or bodily integrity of people, animal life, agricultural or industrial production, or the fish stock. The facts provided in par. 1 and 2, if they have caused damage to the national economy or to individuals, are punishable by imprisonment from 6 months to 3 years, if they do not constitute a more serious crime. Injury to human health or bodily integrity as a result of the facts provided in par. 1 and 2 are punishable under criminal law. + Article 89 The employees of the water management bodies appointed by the president of the National Water Council are competent to draw up acts of finding crimes in the field of water management and forestry crimes regarding the cutting without as a forest vegetation that ensures the protection of the banks of watercourses and water management works. + Article 90 The facts that constitute contraventions to the rules on water management, the categories of employees of socialist organizations who have the right to comply with the contraventions and to apply the appropriate sanctions shall be established by decision of the Council of Ministers. Contravention sanctions can also be applied to legal entities. + Chapter IX Final provisions + Article 91 Apart from the cases that have been expressly provided, the measures that the water management bodies are entitled to take under the provisions of this law and affecting the interests of the beneficiaries of use, riparian or other parties interested, will be taken with their prior consultation. + Article 92 Surveillance and tracking of the behavior in time of dams and other hydrotechnical constructions, in order to prevent their degradation and damage, as well as to control how this obligation is fulfilled, will be done in accordance with norms special legal. + Article 93 Against the measure taken by the National Water Council in accordance with art. 52, the ministry or central body under which the unit whose operation was stopped is located, and in the case of units of local interest, the executive committee of the county folk council, can address the Council of Ministers. + Article 94 Against the refusal to issue the opinions provided for in art. 7, 9, 16, 18, 19, 33, 48, 49, 58, 62, 63, 65 and 71 can complain to the President of the National Water Council or the Chairman of the Executive Board of the County People's Council where the approval competence rests with the organ county of water management. Against the refusal of the county water management body to issue the agreement provided in art. 66 66 para. 2 2 or the authorisations provided for in art. 15, 17 para. 1 1 and 2, art. 23 23 para. last, art. 38, 45, 64 and 66 para. 3 can complain to the chairman of the executive committee of the county popular council. Against the conditions set out in the notices or authorizations issued by the water management bodies, the President of the National Water Council may complain, within 30 days of the communication of the opinion or authorization. + Article 95 Against the measures established in the application of 14 14 para. 2 2, art. 16 16 para. last and art. 71 paragraph, last, one can complain to the president of the National Water Council or the chairman of the executive committee of the county folk council if the measures were established by the county water management body. Against the conditions established by the county water management body in application of art. 21 can complain to the chairman of the executive committee of the county popular council. The deadline for the introduction of complaints provided for in the preceding paragraphs is 30 days from the date of communication made by the water management bodies. + Article 96 Those who consider themselves injured in their rights through the acts of the water management bodies can apply to the competent courts, under the conditions Law no. 1/1967 on the courts ' adjudication of the claims of those injured in their rights by unlawful administrative acts. + Article 97 In the cases provided in art. 10 and 72, if it is not following the provisions to abolish the works or the execution of additional works, as the case may be, the water management bodies may request by justice the abolition of those works or the execution of additional works Willing. + Article 98 Authorisations issued before the entry into force of this Law shall retain their validity, except in the cases provided for in art. 67 and under the conditions provided in art. 68. + Article 99 This Law shall enter into force 30 days after its publication in the Official Bulletin of the Socialist Republic of Romania. On the same date, Decree no. 143/1953 on rational use, arrangement and protection of waters, as well as any other provisions contrary to the provisions of this law, shall be repealed This law was voted on by the Grand National Assembly at its meeting on April 20, 1972, with the unanimity of the votes of the 433 deputies present at the meeting.
President of the Great National Assembly,
Stefan Voitec Bucharest, April 20, 1972. No. 5. -----