Law No. 7 Of 29 March 1974 (Republished) Relating To The Development, Operation, Maintenance And Financing Of Irrigation Improvement And Other Reclamation Works

Original Language Title:  LEGE nr. 7 din 29 martie 1974 (*republicată*) cu privire la realizarea, exploatarea, întreţinerea şi finanţarea amenajărilor de irigaţii şi a celorlalte lucrări de îmbunătăţiri funciare

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Law No. 7 of 29 March 1974 (republished) relating to the development, operation, maintenance and financing arrangements and other irrigation works for the reclamation of the ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 29 of 23 April 1983 In the Socialist Republic of Romania irrigation facilities and other reclamation works constitute a task of particular importance for protecting and raising the production capacity of our country's land, the main means of production in farming.
Taking into account the scale and complexity of land improvements, in order to ensure the uniform concept and strengthening discipline in carrying out this activity, the National Assembly of the Socialist Republic of Romania adopts this law.


Chapter 1 General provisions Article 1 the work of reclamation are intended as full implementation in the production capacity of farmland, raising fertility of lands into productive, weak agricultural production of some areas as large land, preventing and combating natural phenomena that adversely affect the productivity of farmland.
Through reclamation works shall mean:-irrigation fittings;
-in slope farmland;
-Dyke and regulating water courses;
-drainage and drainage;
-land improvement and amendment of soils acid salt;
-leveling and shaping of agricultural land;
-the grubbing and cleaning the land.


Article 2 After their economic importance, reclamation works are: a) systems, which is carried out on land belonging to several Socialist agricultural enterprises; within the systems of common interest are works of several Socialist and agricultural units by which you want to perform on the pitch and in the interest of each Socialist agricultural enterprises;
  

b) local facilities run on limited areas of land, using mainly local opportunities, and shall, as a rule, the territory of a single Socialist agricultural enterprises.
  


Article 3 the Ministry of agriculture and food industry is responsible for carrying out the policy of the party and rule in the area of irrigation and improvement of other reclamation works, ensuring, through its specialized units, research, design, development, operation and maintenance work.


Chapter 2 object and the manner in which the works of irrigation Facilities) Article 4 irrigation Facilities are aimed at combating the harmful effects of drought and moisture deficit, in order to obtain some large agricultural production year after year, unconditional love of rainfall regime.
The design and realization of irrigation improvement will take account of the possibilities of their use, as appropriate, and for other purposes as well: water supply centres agricultural household improvement of fishery and industrial objectives, the production of electric power, navigation and recreation.


Article 5 the research activity in the field of irrigation ensure by the Ministry of agriculture and food industry-Academy of agricultural and forestry Sciences, through research institutes subordinate and by institutes of higher learning.


Article 6 Tasks of study planning and design in the field of irrigation is achieved, depending on the economic importance and complexity of the work, through specialized units from the Ministry of agriculture and food industry or executive committees of Councils, the district folk.


Article 7 technical and economic Documentation for irrigation systems is developed on hydrographic basins and subbazine or natural units, in conjunction with land-use planning framework schemes basin in terms of water management and organizational studies of agriculture and agricultural production.


Article 8 the Ministry of agriculture and food industry is responsible for the establishment of a unitary concept in the preparation of studies and projects for irrigation, develop through research units and subordinated design methodologies, technical, regulatory, project type and directives, and instructions for all drives that have tasks in this area and ensure that:-the reduction in areas removed from the vegetal agricultural production, through the judicious use of patterns of land and the adoption of appropriate technical solutions;
-increase of the degree of automation of the irrigation systems and officials of mechanization of mining activities and maintenance of the design in order to reduce labor and operating costs;
-reduction of the specific energy consumption of materials, fuels and electricity.


Article 9 the irrigation Systems are effected by construction-Assembly units in the Ministry of agriculture and food industry and through specialized units from the subordination of the executive committees of the District Councils is popular.
Agricultural cooperative organizations run their own arrangements with local strengths with the assistance of the specialized units from the subordination of the executive committees of Councils with the support of popular and Socialist units may perform against payment for construction-Assembly works of high technicality.


Article 10 the Ministry of agriculture and food industry, by construction-Assembly units and operational units of the reclamation works, responsible for the training, during the execution of the works, technical personnel and skilled workers needed operation, put at its disposal by the beneficiary units in order to ensure the entry into production of the irrigation improvement immediately after their completion and execution of within the planned technical-economic indicators approved.

B) Fitting in slope farmland of article 11 Fitting into the slope through works to combat soil erosion, flood water spill on hillsides and torrential correction formations aims at defending the forest and farmland on the slopes and at the base of them, preserving and raising the production potential of the soil, improving the hydrological regime of watercourses accumulation Lakes, protection against clogging, the defence of the settlements, communications, hydro and other targets in the area.


Article 12 the Ministry of agriculture and food industry will take action, through the documentation of farmland in the slope, to establish the most appropriate mixed land and crop structure, which ensures a high economic efficiency in the exploitation of agricultural areas.


Article 13 land Holders who benefit from developments in slope farmland are obliged to execute at the same time as the work to combat soil erosion and correction of torenţilor, and agrofitoameliorative-specific measures and not to carry out any other work that can foster the process of erosion of the land, or could endanger the works carried out for this purpose.
The Ministry of agriculture and food industry, by Directorates General for agriculture and the food industry and by research institutes and the resorts of Academy of agricultural and forestry Sciences, will develop appropriate technologies in land cultivation, binding, and will advise Socialist agricultural enterprises in agrofitoameliorative measures, depending on the differing natural conditions.

C) flooding and Combat removing excess moisture Article 14 settlement of embankment works and Works of water courses are aimed at defending flood farmland and forestry, property situated on it, the settlements, as well as socio-economic objectives.
The work of embankment works and the water courses are studied and is carried out on hydrographic basins and subbazine or natural units is accomplished under the overall framework of development schemes of the watershed from the point of view of the spill area to stabilize.


Article 15 the work of draining drain cover removing excess water from the land surface and soil moisture in order to create the appropriate conditions for agricultural works and stepping up production.
Socialist agricultural enterprises on whose land is run irrigation drainage works are obliged-as with their realization, to carry out the work and specific measures agroameliorative (nivelări, afanarea fields, deep soil application of amendments, organic fertilizers and minerals) in order to improve the biological properties of soil and hidrofizice.
Work and agroameliorative measures will be differentiated, after local natural conditions, based on technical indications established by the research institutes and the resorts of Academy of agricultural and forestry Sciences.


Article 16 the Ministry of agriculture and food industry is responsible that, by Assembly of embankment works, regularization of water courses, drainage and drainage, to ensure increased the holding and in particular of the agricultural lands, the lands of ponds, swamps, rush beds and other land, as well as by switching to a superior category of use of the land used to inefficiently.


D) other conditioners in article 17 for the purpose of extending the areas cultivated and the removal of the production potential of the soil, irrigation systems, dikes, desecări and combat soil erosion, and outside them, the Ministry of agriculture and food industry will take action to run, depending on the specific conditions of the lands, works to improve the saraturilor , to amend the soil acidic, smoothing, shaping, deforestation and cleansing of these lands.


Article 18 retention Dams and derivatiile of water courses which run within the systems of irrigation, dikes, desecări and combating soil erosion will be designed and made so that to serve to attenuate flood and creating new water sources, aimed at defending the forest and farmland, irrigation development and other areas considered.


Article 19 research activities, studies, design-build necessary infrastructure work referred to. B), C) and (D)) of this chapter are applicable to them article "". 2 and art. 5-10. Chapter 3 financing of works and their pursuit of the achievement of Article 20 Works within systems of irrigation, dikes, desecări-drains, soil erosion control, accruals and consolidations of large accumulations of water courses, and derivations of complex land enhancement salt, as does both on the State property, as well as those of the agricultural production cooperatives Since 1974, the year of the plan will be financed with State funds, these works transcend their execution after the exclusive property of the State. State acquires the right of use of land owned by the co-operative, occupied by the works in question, the duration of their existence.


Article 21 interior fittings within the irrigation systems, desecări and combat soil erosion, performed on land belonging to the agricultural production cooperatives, completed by them from their own funds and contribution in work and long-term loans granted by the State under the conditions prescribed by law, and remain the exclusive property of such cooperatives.
The provisions of paragraphs 1 and 2. 1 apply to the following categories of works: a) irrigation: network channels or pipes buried last order with accessories (engineering devices, hydrants, valves), and watering equipment;
  

b) at desecări: network channels last order, the grounds of an agricultural production cooperative, with hydro-constructions;
  

(c) combating soil erosion): agroterase and agrofitoameliorative (inerbate, strip crops in strips, bilonari, reinsamantari, suprainsamantari and fertilization on pasture).
  


Article 22 local Arrangements for irrigation, desecări, fighting soil erosion and other reclamation works of local interest, made on the grounds of a single Socialist agricultural enterprises, will fund: a) in units of State investment funds;
  

b) production from agricultural cooperatives, through their own funds and contribution in work and long-term loans granted by the State.
  


Article 23 long-term credits for the reclamation works. 21 and 22 shall be granted, in accordance with the law, agricultural production cooperatives for a term of up to 25 years; the repayment of the first installment will be made after the entry into service of the goal, but not later than 5 years from the granting of credit.
Long-term loans granted to agricultural production cooperatives for enforcement of reclamation works and outstanding until 31 December 1973 will be reesalona by the Bank for agriculture and the food industry, along with the corresponding bodies of the agricultural possibilities of payment within the maximum term provided for in the preceding paragraph.


Article 24 to enable smoothing, shaping and picks to land from dikes and desecări and outside them, shall authorize the Bank for agriculture and the food industry to give credits for State farm and agricultural production cooperatives, with legal interest.
Repayment of loans will be made of the costs of production for a period of up to eight years, the first installment to be paid after one year of the entry into service of the land.
The work of smoothing, shaping and picks, which is run by the State-owned agricultural enterprises, will not affect production costs at 1,000 lei merchandise, as well as financial results set out in the plan. Expenses for carrying out these works will be covered by increases in production that will get on the land in question.
For smoothing, shaping and picks to land within the perimeters that execute works to combat soil erosion, the financing is done with State funds. In irrigation systems since 1975, smoothing or shaping, including works related picks include the value of the investment is financed from State funds and run concurrently with irrigation facilities.
Leveling works or modeling, including works related picks from local irrigation facilities will also feature in the value of investments and will run with irrigation facilities, financing the beneficiaries, according to the sources. 22 of this law.
Co-operative on fields run Flatwork or modeling, financed with State funds, are exempt from the provisions of art. 20 and remain in service of agricultural cooperatives of production.
Leveling works maintenance is financed from own funds or from the production credits of the holder of the land that has been carried out and leveling is executed by them with own equipment or machines through the resorts for agricultural mechanization (under the provisions of art. The Decree nr. 55/1975, smoothing or shaping, not executed on the local systems and irrigation facilities in service until December 31, 1974, were financed where appropriate from the sources referred to in art. 24. Article 25) Ministry of agriculture and food industry together with the Bank for agriculture and the food industry will be established on an annual basis, prior to finalizing the work plan for the coming year, the volume of works and credits related works. 24, as well as the sources of coverage.


Article 26 Responsibility to enable investment irrigation facilities and other reclamation works is the responsibility of the Ministry of agriculture and food industry, which tracks their execution and quality, through: a) under its units specially organised as investment recipient systems funded by the State;
  

b) from units subordinated to the executive Committees of the District Councils, popular as a recipient of investment, for the work of local interest financed from State funds;
  

c) agricultural units for interior fittings within the systems and arrangements for local, they are benefiting from the investment.
  


Article 27 Irrigation Systems and other reclamation works are receiving commissions whose component is approved by: a) the Council of Ministers, whose principal investments and technical and economic indicators were approved by the Council of Ministers;
  

b) the Governing Board of the Ministry of agriculture and food industry, for works whose technical and economic indicators are the responsibility of the holder of the investment.
  

Reception committees will be part of the popular Councils representatives and funding banks, frames from higher education and from research institutes, other specialists, and representatives of the beneficiaries of the works and the designer. As Presidents of the commissions of works reception for competence of the Council of Ministers shall appoint frames of responsibility in work out apparatus Ministry of agriculture and food industry.
The committees will receive both the work to be performed, and landscaped land areas by irrigation works, desecări-drains, combating erosion, rivers, dikes and settlement and other wastelands, and categories on bondholders, resulting from the execution of the works. On the basis of such receipt drawn up will enroll in the land cadastre, the work to be performed and land areas.


Chapter 4 management of irrigation improvement and other reclamation works of the Administration and record-keeping) Article 28 operation, maintenance and improvement of irrigation and guarding other reclamation works constitute a task whose realisation respond all State, public and other cooperative organizations in management or, where appropriate, in property, such work.


Article 29 the works carried out with State funds administered by the enterprises of mining reclamation works, from the Ministry of agriculture and food industry.

Internal networks except irrigation channels and desecări systems, side pipes buried irrigation systems on the territory of State agricultural enterprises, the Interior fittings from paddy fields, interior fittings, including the work of smoothing and modeling of the systems works to combat soil erosion, leveling and irrigation systems modeling and desecări , motor pumps and watering equipment, as well as local irrigation facilities, desecări and combat soil erosion, land belonging to the Socialist state farm, which is administered by them.
I'm also levelling works of exceptional basis and modeling, financed from State funds, executed in irrigation systems, desecări and combat soil erosion, on land use, agricultural production cooperatives who will be taken in by them, with the obligation to execute periodically maintenance leveling.
Executive committees of the District Councils and the popular Bucharest are required to control the activity of enterprises of mining reclamation works and Socialist agricultural units per line of exploitation and maintenance of the works and use of the land in the irrigation systems and other reclamation of territory counties and Bucharest.


Article 30 interior fittings from reclamation and local facilities, on land belonging to the agricultural production cooperatives, through their own contribution in work and money and loans, administered by them.


Article 31 the Ministry of agriculture and food industry is responsible for record keeping on land reclamation works, which one will you, through its organs, by Socialist units and types of works.
Executive committees of the District Councils are responsible for the popular track of the reclamation works in the territory of the County, which will keep you on the recipients and the genres of work and categories of land use.

B Operation and maintenance) Article 32 of the Socialist Drives that have irrigation facilities administration and other reclamation works are responsible for operating, maintaining and guarding them, to ensure their officials at the parameters established through approved documentation.
General rules of operation, maintenance and guarding of the reclamation works are established by the Ministry of agriculture and food industry. In their business units by having a socialist administration reclamation works are required to comply with these rules, just as well as the provisions of the mining regulations drawn up by design units of each article and objective basis.
Agricultural units that have irrigation facilities administration and other reclamation works will score in annual production plans and financial funds and means of exploitation, maintenance and security of such works, responding to their execution.
For the proper operation and maintenance of the works which are administered by the State agricultural enterprises, agricultural production cooperatives and other public organizations, operating units of reclamation works will be executed on request, at an additional cost, on the basis of technical and economic documentation, maintenance and repair of these works. To this end, shall conclude contracts of long duration, and on an annual basis to be determined by mutual agreement, the volumes of works and graphics design.
Interior design works from irrigation systems and desecări executed in the agricultural cooperative land units, through their own contribution in work and money and loans, will be operated and maintained by them.
From paragraph 1. 5 gutters are exempt and networks of pipes buried in the systems of irrigation and drainage networks closed, which will be operated and maintained, against payment, to exploit the reclamation works on the basis of annual contracts.


Article 33 Socialist Units that have irrigation facilities administration or other land improvements are required to constitute, on the basis of technical connection of the Ministry of agriculture and food industry, the minimum stock of materials, fuels, lubricants, tools and equipment necessary for execution of repairs that may occur unexpectedly during the exploitation of the works, as well as the stock of defense against flooding established according to legal provisions.


Article 34 in each irrigation system, desecări and combating soil erosion is constituted by a Governing Board composed of the Chief of this system, managers and engineers are heads of State farm, Presidents and heads of agricultural engineers cooperative units, holding of landscaped grounds within the system.
The Council is responsible for the development and implementation of the plan of operation, maintenance and security of the system and of the technical and organizational measures necessary for the appropriate use of agricultural land, in order to implement the provisions of the plan and approve technical-economic parameters for the operation of the system.
The Ministry of agriculture and food industry and the National Union of agricultural cooperatives of production shall determine, by regulation, organization and functioning of the Governing Board.


Article 35 in order to achieve economic and technical parameters approved, for the operation of the system, Socialist agricultural enterprises that own landscaped grounds are required:-to use in culture, with high efficiency, the entire agricultural area and landscaped;
-to observe the structure of crops laid down in technical-economic study, changes can be made only to the extent that they raise the production value and improves the efficiency of economic planning;
-the irrigation facilities, to adhere to the set watering programs;
-to enter in annual production and plans to use the funds needed, the most appropriate seeds, fertilizers, herbicides, strength work and other technical means in order to achieve prescribed productions, giving priority, in the context of the quantities received, land for irrigation;
-to apply the specific technologies of crops even on irrigated land, indiguite, desecate and, through works to combat soil erosion.


Article 36 operating Units of the reclamation works are responsible, together with agricultural production units, the completion of the planned productions. They have the right to control the manner in which agricultural organizations within their Socialist contained activity apply norms and regulations for the exploitation and maintenance of the Interior fittings, and the whole complex of organizational and technical measures necessary for carrying out of agricultural production, and may request the competent local bodies to claim agricultural units to meet all their obligations.
In order to ensure the proper operation of works within the systems of irrigation, Ministry of agriculture and food industry will be on systems or groups of systems, collective agricultural specialists who will follow up the implementation of programmes for the development of agriculture in the perimeters for irrigation and enforcement provisions of the farm's annual plans to achieve economic results and productions at least at the level of projected parameters.


Article 37 Removing a work of reclamation Fund arranged can be done only through its disposal, in compliance with legal provisions, and shall be approved by the organ that approved the investment. On this basis it will be operated as necessary changes in the land cadastre.

C) services Article 38 Units of mining reclamation works are responsible for performing the following types of services: to capture and transport), the distribution of water for irrigation, industrial consumption, fish farming and other purposes;
  

b) defending against floods;
  

c) water bowel evacuation systems desecări, fish facilities and others.
  


Article 39 Socialist Establishments benefiting from improvement of irrigation and reclamation works in systems will conclude annual contracts, with units providing services referred to in the previous article, the payment of benefits is payable after the right-tariffs in force.
Contracts shall be concluded for the surface of the ground, entered in the record of the Land Fund.
Does not include the surface covered by the contract: a) the distribution of irrigation water: the land occupied by buildings, roads and unproductive land, protective curtains that do not irrigate, and landscaped areas that due to force majeure cannot be cultivated;
  

b) flood defence: buildable land perimeter of localities, the unproductive and covered with swamps, puddles and public roads, and the forests of poplar and willow in excess of 2 years after planting.
  


Also, Socialist agricultural enterprises will pay the equivalent value of benefits made by the enterprises of mining reclamation works and undertakings of mobiles, reclamation, design and execution of construction planning for the operation and maintenance of irrigation systems, interiors and desecări, according to the charges.


Article 40 the rights and obligations of the service provider and the recipient shall be determined by contract. They are responsible, for failure to comply with contractual obligations, according to the law.


Chapter 5 monitoring and penalties Article 41 Control of the operations, maintenance and improvement of irrigation and guarding other reclamation works, and realizing economic and technical indicators, is executed, all holders of such works, by specialists from the Ministry of agriculture and food industry and specialty units subordinated to the executive committees or councils appointed by the County's popular, the order of the Minister of agriculture and food industry.


Infringements of the provisions of article 42 of this law shall entail disciplinary, material, administrative, civil or criminal, as appropriate.


Article 43 the degradation or destruction of irrigation improvement and other reclamation works constitutes infringement and is punishable under art. 231 of the penal code.


Article 44 protection rules After improvement of the irrigation and reclamation works, and to find them and apply the sanctions shall be established by decision of the Council of Ministers. Criminal penalties also apply to legal persons.
The fines imposed Socialist units shall be imputed to the individuals guilty of committing the contravention.


Chapter 6 final provisions Article 45 Ministry of agriculture and food industry, with the development of new irrigation systems, dikes, desecări and combat soil erosion, and will ensure the Organization of operation of those systems, as well as equipping them with equipment, means of transport and the specific materials, correlated with the commissioning of new capacities.
In addition, the Ministry of agriculture and food industry will provide the organizing activity of exploiting the internal networks of irrigation channels and desecări systems, the local irrigation fittings, desecări and combating soil erosion from agricultural Socialist units.


Article 46 the Ministry of agriculture and food industry will ensure the preparation ahead of time, technical personnel and skilled workers of agricultural units, necessary for the maintenance of Socialist work, Interior and agricultural lands.


Article 47 the Ministry of agriculture and food industry, through the Academy of Sciences, Agricultural and forestry is responsible for the introduction of new technologies and machinery in operation and maintenance works to improve levels of technical and economic indicators should be obtained by irrigation improvement and achievement of other reclamation works.


Article 48 the Ministry of agriculture and food industry shall report annually to the Council of Ministers of the execution of the programme on the improvement and implementation of approved technical-economic indicators, on the grounds that there were irrigation facilities and other wastelands.
The Council of Ministers before the Council of State, the situation will further the achievement of the annual irrigation and other reclamation works specified in the single national economic and social development, measures taken for the maintenance of the works carried out and the results obtained on irrigated land.


Article 49 Shall authorise the Council of Ministers, on the basis of the documentation submitted by the Ministry of agriculture and food industry, disagrees with the State Committee of the planning and Finance Ministry to introduce the single national plan economic and social development and State budget for the 1974 amendments arising from the application of the provisions of cap. Chapter III of this law, in the context of the total volume of investments and long-term loans, approved this year, the Ministry of agriculture and food industry.


Article 50 this Act shall enter into force thirty days following its publication in the Official Gazette of the Socialist Republic of Romania (except the provisions of article 24, article 32 para. 1-3, article 36 para. 2 and art. 39 para. final, which came into force following its publication in the Official Gazette No. 62 of 14 June 1975 Decree No. 55/1975 as well as the provisions of art. 29, art. 32 para. 4-6 and art. 45 para. 2, which came into force following its publication in the Official Gazette nr. 13 of 9 March 1983 of the Decree nr. 68/1983).
On the same date shall repeal the provisions of the decision of the Council of Ministers No. 1279/67 relating to the Administration and financing of the reclamation works, as well as the approval of tariffs for certain services, with the exception of art. 12 and 13, and article 2 and 9 lit. d) of the decision of the Council of Ministers No. 1686/1970 concerning the financing, design, execution and management of the work to combat soil erosion, flood waters spill on hillsides and torenţilor correction, and any other provisions to the contrary.
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