Code Of Turkmenistan "on The Water"

Original Language Title: Кодекс Туркменистана «О воде»

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8351

TABLE Of CONTENTS Section I. General Provisions SECTION II.  WATER USE SECTION III. WATER PROTECTION And Preventing Their HARMFUL IMPACT Of SECTION IV. PUBLIC ACCOUNTING And Planning WATER USE Section V. SETTLEMENT Of DISPUTES On The Use And PROTECTION Of Waters And LIABILITY COMPANY For VIOLATIONS Of WATER LEGISLATION Of TURKMENISTAN SECTION VI. INTERNATIONAL INSTRUMENTS CODE of TURKMENISTAN "on water" code of Turkmenistan "on water" is aimed at strengthening the importance of rational use and protection of water resources. In conjunction with measures of institutional, legal, economic and educational impact this code will contribute to the formation of water-environmental law and ensuring economic security.
In terms of development of public and private production, as well as urban development, growth of population and wealth increased versatile water needs there is a need for the development of and adherence to evidence-based, best rules of rational use of water resources and their protection from pollution, contamination and depletion.
 
Section i. General provisions CHAPTER i. basic provisions article 1. Tasks of water legislation of Turkmenistan Tasks of water legislation of Turkmenistan are: regulation of water relationships in order to provide evidence-based, judicious use of water for the needs of the population, economy and environment Wednesday, protecting waters against pollution, contamination and depletion, the improvement of water object conditions, prevention and elimination of the harmful effects of water, as well as the protection of the rights of legal entities and physical persons, strengthening the rule of law in the area of water relationships in the country.
 
Article 2. Water legislation of Turkmenistan water relations in Turkmenistan is based on the Constitution of Turkmenistan, is governed by this code of Turkmenistan "on the water", the laws of Turkmenistan and adopted in accordance with them and other normative legal acts of Turkmenistan.
 
Article 3. State water fund the totality of all water bodies, they occupied lands, including those devoted to water-security zones and strips is State Water Fund of Turkmenistan.
State Water Fund of Turkmenistan includes: rivers, reservoirs, lakes, channels and on-farm drainage collector, as well as other surface water bodies and watercourses;  
-groundwater;
-Caspian Sea within the State border of Turkmenistan.
 
Article 4. State ownership of water State Water Fund of Turkmenistan is exclusively the property of the State. Public property on the Interstate (transboundary) waters is determined by agreements between the States located in this basin.
Actions, direct or covert form of infringing State ownership of water are prohibited.
Waterworks, artificially created in the order established by the legislation for the use and protection of waters, may be the property of natural or legal persons of Turkmenistan.
 
CHAPTER II. Governance and control in the area of water resources use and protection Article 5. The State management in the area of water resources use and protection the State management in the area of water resources use and protection in Turkmenistan is exercised by the Cabinet of Ministers of Turkmenistan, as well as specially authorized State bodies on water management and water protection by public authorities and other State bodies in accordance with the legislation of Turkmenistan.
Specially authorized State bodies on the regulation of water resources use and protection are, respectively, the Ministry of water resources of Turkmenistan, Ministry of nature protection of Turkmenistan and turkmengeologia State Corporation ", as well as their bodies on the ground.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, no. 2014, art.)
 
Article 6. Competence of the Cabinet of Ministers of Turkmenistan in the field of management, use and protection of water ownership, control and protection of waters in the territory of Turkmenistan are carried out by the Cabinet of Ministers of Turkmenistan, delegating part of their rights, especially on the authorized bodies.
The Cabinet of Ministers of Turkmenistan in the field of water management:-to approve the main directions of rational use and protection of water, water resources development;
-approves the basin scheme of complex use and protection of water and water balances;
-provides implementation of State programs for the preservation and restoration of water sources;
-determines the procedure of transfer of control of water bodies in the maintenance of specially authorized bodies;
-Announcing water bodies or parts of an environmental emergency or zones of ecological disaster;
-determines the order of State accounting waters and their use, as well as the State water cadastre;
-establishes the procedure for State control over use and protection of waters;
-establishes the procedure and conditions for the use and protection of waters;
-determines the procedure of cooperation with neighbouring States for regulation of water relationships;

-approves annually every velayat and ruhabat limits water consumption in General, including on basic vodoistočnikam and industries;
-takes decisions on prevention and elimination of the harmful effects of water;
-provides the solution of other matters in the field of water use and protection.
 
Article 7. Competence of the specially authorized State bodies in the area of water relationships Specially authorized State bodies in the area of water relationships carry out:-adoption of on-farm system, district, regional and nationwide water management plans;
-the Organization and regulation of water resources use and protection;
-the development and adoption of schemes of complex use and protection of waters;
-State control over the use and protection of waters;
-monitoring of waters;
-maintenance of the water cadastre and water balance;
-maintaining public accounting and use of waters;
-metrological assurance of control and accounting;
-State Geological monitoring of groundwater;
-the submission of claims and claims for damages, caused by violations of water legislation;
-design, exploration, research and development related to the use and protection of waters;
-development of melioration of irrigated lands;
State ecological expertise of projects of construction and reconstruction of structures and devices;
-coordination and issuing permits for special water use;
-international cooperation in the area of water relationships.
Separation of functions specially authorized State bodies shall be carried out on the basis of the provisions on their bodies, approved by the Cabinet of Ministers of Turkmenistan.
Specify the specially authorized State bodies on matters within their competence, are mandatory for all legal and natural persons and may be appealed in the courts.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, no. 2014, art.)
 
Article 8. The competence of the local authorities in the area of water relationships regulation administered by the local authorities in the parts of water use and protection within the administrative boundaries include:-approval of projects zone of sanitary protection of water and centralized water sources drinking water towns;
-Organization of works on improvement of water supply of the population and industries, conservation and restoration of water resources, prevent and eliminate harmful effects of water, as well as water pollution resulting from accidents and natural disasters;
-protection of the rights of water users and water dispute resolution within its competences;
 
Article 9. State control over the use and protection of waters Challenge State control over the use and protection of waters is to ensure compliance with all legal and natural persons established order use waters, responsibilities for water protection, prevention and mitigation of their adverse effects, accounting rules and other rules established by the water legislation.
State control over the use and protection of waters of public agencies for regulation of water resources use and protection, local executive bodies, as well as other specially authorized bodies of Turkmenistan within the limits of their competence.
 
CHAPTER III. STATE, inter-State and regional programmes in the field of water resources use and protection Article 10. State, inter-State and regional programmes of water use and protection State, inter-State and regional programmes of water use and protection are being developed in order to implement a coherent and effective response to the needs of the population and industries in water conservation, rational use and protection of waters, to prevent their harmful effects.
State, inter-State and regional programmes of water use and protection, etc., are developed on the basis of the accounting data of State waters, water cadastre, charts of water use and protection, sanitary standards and other public acts regulating water relationships.
Development and implementation of these programmes shall be carried out at the expense of the State budget and local budgets, funds of legal entities, extra-budgetary funds, voluntary contributions from organizations and individuals, other means.
 
CHAPTER IV. PARTICIPATION of NGOs and CITIZENS in the implementation of the activities on the rational use and protection of WATERS Article 11. Procedure and forms of participation of NGOs and citizens in the implementation of activities on water management and conservation associations, in accordance with their statutes (regulations), as well as citizens, promote, participate directly in the conduct of activities to ensure the public authorities measures on rational use and protection of waters in accordance with the legislation of Turkmenistan.
 
Chapter V PROCEDURE for MANUFACTURE of WORKS on water bodies in water protection zones and coastal STRIPS
 

Article 12. Conditions of placement, design, construction and commissioning of enterprises, buildings and other objects affecting waters, design, construction and commissioning of new and reconstructed enterprises, structures, and other objects, as well as the introduction of new technological processes affecting water, there should be a rational use of water in accordance with the requirements of the environment, public health, subject to priority meet their drinking and household needs. If this provision is to ensure that accounting events taken from bodies of water and discharged water, protection of waters from pollution, contamination and depletion, prevention of harmful effects of water, as well as the preservation of favorable natural environment and landscapes, and to fishery waters, moreover, must be implemented in a timely manner to ensure the protection of fish, aquatic plants and animals and the conditions for their reproduction.
When designing the construction enterprises, buildings and other objects affecting water, takes into account the possibilities for use of water bodies for recreation and sport.
 
Article 13. Coordination of projects and construction sites, buildings and other objects affecting waters construction enterprises, buildings and other objects affecting waters, as well as their projects are coordinated with authorities for regulation of water resources use and protection, local bodies of executive power, as well as other authorities in accordance with the legislation of Turkmenistan.
 
Article 14. Conditions prohibit the commissioning of enterprises, structures, and other objects that affect the status of waters is prohibited from putting into operation:-new and reconstructed enterprises, departments, units, utilities and other objects that are not secured devices to prevent contamination and clogging the waters or their adverse impact, as well as accounting of water use and discharge of effluents;
-industrial enterprises with flowing water, except for businesses that manufacture technology may not be transferred to reuse;
-irrigation and obvodnitel′nyh systems, reservoirs to carry out project activities, preventing flooding, flooding, waterlogging, salinization and soil erosion, as well as providing pass flood waters;
-drainage systems until cooked vodopriëmnikov and other structures in accordance with projects.
-water-intakes without fish devices under projects;
-hydroengineering constructions until ready devices to bypass the flood waters and fish in accordance with projects.
-drilling wells for water without their equipment vodoreguliruûŝimi and water measuring devices and establish, where appropriate, sanitary protection zones.
-water and waste-water treatment plants without organizations zones of sanitary protection.
Prohibited from filling reservoirs to carry out preparatory activities for projects.
 
Article 15. The order of manufacture of works on water protection zones, coastal water and the water fund lands of water fund lands are withdrawn from circulation, are transferred to the public authorities to regulate water use and must be used for the intended purpose.
The main activity on lands of water fund is the exploitation of water objects.
The border of water protective zones and coastal water protection strips, economic regime and the composition of soil and water conservation activities within them are determined by the project preservation zone.
The boundaries of coastal water protection strips are set in kind by public authorities on land administration in accordance with the land legislation of Turkmenistan.
Projects of water protection zones particularly large and significant water bodies shall be approved by the Cabinet of Ministers of Turkmenistan on presentation of specially authorized bodies to regulate the use and protection of water resources.
Establishment of water protection zones does not exclude the need for land allotment of water fund, zones of sanitary protection of water objects, used for domestic water supply, sanitary zones for fisheries waters as well as the districts of sanitary protection resorts, borders and the mode for the use of which is established in accordance with the legislation of Turkmenistan.
Land within water protection zones are not removed from management, but establishes special restrictions on economic activity.
The procedure for initiating and processing applications for the use of the lands of water fund, as well as the order of withdrawal land shall be determined in accordance with the legislation of Turkmenistan.

Construction, dredging and blasting, mining, water plants, laying of cables, pipelines and other utilities, lodging warehouses for storage of pesticides and mineral fertilizers, livestock farms, burial sites, landfills, waste production, logging, drilling, agricultural and other work at water objects in water protection zones and coastal strips, affecting water, produced in consultation with a specially authorized State authorities to regulate the use of water protection local executive bodies in accordance with the legislation of Turkmenistan.
 
SECTION II.  WATER CHAPTER VI. WATER USERS and WATER USES Article 16. Water users water users in Turkmenistan can be legal entities and individuals.
In cases stipulated by the legislation of Turkmenistan waters, enjoy the other organizations and individuals. Water objects are listed in article 3 of this code.
 
Article 17. Types of water use Vary the following water uses:-General and special;
-Joint and separate;
-primary and secondary.
Water objects are available for use by persons referred to in article 16 of the present Code, subject to the stipulated by the legislation of Turkmenistan demands and conditions to meet drinking water, household, medical, Spa, health and other needs of the population, agricultural, industrial, energy, transport, fisheries, defence, and other State and public needs.
Water can be provided for use for one or more purposes.
 
Article 18. Common and special use of water to total water use include use of water objects without application installations and technical devices, impact on water (swimming, boating, recreational and sport fishing, animal watering, etc.).
The special water use include use of water objects or their part using structures or technical devices to meet drinking and household needs of the population, the water needs of agriculture and fisheries, industry, energy, as well as for sewage. The special management in certain cases may also assign the use of water objects without the use of facilities or equipment, but has influence on State waters.
Water is not a special, if it relates to pass water through hydropower, navigation, flow (pumping) of water users in dry regions, eliminating the harmful effects of water (flooding, salinity, waterlogging, etc.), the use of groundwater for removal of useful components, removal of water from the depths, along with mining, construction, dredging and blasting mining and aquatic plants, pipelines and cables also, drilling, exploration and other works on water bodies that run without water intake and sewage.
List of special water use is established by the Ministry of water resources of Turkmenistan and the Ministry of nature protection of Turkmenistan.
 
Article 19. Joint and separate water use Water objects can be shared by various legal entities and physical persons or separate use of water when the object or its part enjoys one water user.
Article 20. Primary and secondary water use natural and legal persons carrying out the fence and water through the canals and pipelines are recognized as primary water users and water users receiving water from them-secondary. Recycled water is carried out in agreement with the authorities to regulate the use and protection of water resources, as well as the primary user.
Secondary water use permits to specify the purpose for which the water objects are available and the basic conditions for their use.
Where necessary, the mutual rights and obligations of the Parties shall be formalised by a contract between the primary and secondary users.
 
 
CHAPTER VII. The procedure and conditions for the PROVISION of WATER objects in the USE of Article 21. Priority provision of water facilities for drinking and household needs the water objects are available for use, particularly to meet drinking and everyday needs. When providing water to more than one object uses takes into account the interests of those who are located in the lower reaches of rivers and canals.
To meet drinking and household needs of the population used water quality characteristics which meet the State standards, standards of environmental safety and health standards.
Water users have the right to request from the owner of waters (vodopostavŝika) information about the quality of drinking water.
In case of inconsistency between the quality characteristics of these waters in accordance with established standards, standards of environmental safety and health standards for their use is discontinued by the decision of the state sanitary supervisory bodies.
 
Article 22. Implementation of the General water use
 

Total water use is carried out on the basis of decisions by the local authorities. The exercise of the right of the General water use may be restricted or prohibited to environmental, technical and sanitary security, as well as on water objects, consisting in a separate domain.
With a total water use must comply with sanitary norms and rules, protection of fisheries and navigation, as well as the rules of safety of life on the water management and water protection. To this end, local executive bodies shall be entitled to determine the places where it is forbidden to swimming, boating, water extraction for drinking and domestic use, livestock watering, as well as to determine other terms in common use of water at water objects, located in the territory of the velayat, etrap, city, town and village.
Local executive bodies are obliged to inform the population through the mass media on the General conditions set by them.
 
Article 23. Provision of water facilities for special water use special water use is carried out on the basis of permits issued by the authorities to regulate the use of water.
Special water use in water bodies available in the separate use of legal persons-the primary users are allowed in consultation with these entities.
List of procedure of approval and authorization for special water use is established by the Cabinet of Ministers of Turkmenistan.
 
Article 24. Special water use permit issued by the authorities to regulate the use of water from local water sources and groundwater permits by devices on the territory of the villages, towns, cities, public lands reserve and State forest fund, sets of dug wells, driven filter wells operating without forced water level, as well as on closed (landlocked) waters do not have fisheries values captation sources issued by bodies to regulate water use in consultation with local bodies of executive power.
 
Article 25. Provision of water facilities in joint or separate use of the separate use of water objects are provided wholly or partially the decision of the Cabinet of Ministers of Turkmenistan to provide bodies for the regulation of the use and protection of water resources.
The order of the excitation and the consideration of applications for water bodies in separate use is established by the Cabinet of Ministers of Turkmenistan.
Shared water bodies, may be not granted separate use.
 
Article 26. Total water use in water bodies available in separate use In water bodies available in separate use, total water use is allowed under the conditions established by the primary consumer in agreement with the authorities to regulate the use and protection of water resources.
Primary water user is obliged to announce conditions or prohibit General water use water facility, given to him in solitary.
 
Article 27. Limited water use Water is carried out on the basis of limits being laid each year.
Water limits for velaâtam and ètrapam are established by the Cabinet of Ministers of Turkmenistan by the Ministry of water resources of Turkmenistan depending on the expected water supply main water sources.
Water limits for specific users-installed Ministry of water economy of Turkmenistan. These limits are mandatory for all users regardless of their departmental subordination and forms of ownership.
When establishing water use limits on specific users should be conditions of uravnennoj water supply all water users in accordance with the approved plans. Water use limits can be adjusted during the clarify of predictive data on water sources.
 
Article 28. Terms for use of water bodies water bodies are available in permanent or temporary use. Standing water is recognized without the deadline.
Loan can be up to three years, the short-term and long-term, from three to twenty-five years. If necessary, the timing of water use could be extended for a period not exceeding the periods respectively of short-term or long-term loan.
Term of temporary use of water objects can be on the request of the interested water users extended State authorities, who decided on the granting of water body in separate usage or issuing a permit for special use of water.
 
Article 29. Payments for water Water in Turkmenistan is free, except the special water paid stipulated by the legislation of Turkmenistan.
 Procedure for charging for water is established by the Cabinet of Ministers of Turkmenistan.
 
Article 30. Partial or complete prohibition of the use of water objects
 

Use of water objects of national importance or of special scientific or cultural value, may fully or partially prohibited in accordance with the procedure set by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER VIII. Rights and RESPONSIBILITIES of USERS Article 31. The rights of water users water users have the right to:-use water only for the purposes for which it is provided;
-erect waterworks and water use, as well as to undertake their reconstruction unless authorized by the relevant water management organizations;
-check the quantity and quality of water;
-demand compensation for lost water Treaty and ensuing economic damages, except as provided for in article 30 of this code;
-perform other actions on the use of water objects, not prohibited by the legislation of Turkmenistan.
Water user rights are protected by law. Broken water user rights should be recovered in the manner established by the legislation of Turkmenistan.
 
Article 32. Restricting the rights of water users in cases of low water, the threat of the sanitary-epidemiological and epizootic ill-being and in other cases stipulated by the legislation of Turkmenistan, water user rights may be restricted in order to protect public health and other public interests, as well as for other water users. While this should not worsen the conditions of use of water for drinking and household needs of the population.
Water user rights are limited during accidents or in the circumstances that may lead or have led to water pollution, the implementation of urgent measures to prevent the disaster caused by the harmful effects of water and the Elimination of its consequences.
The rights of water users to separate water use may be limited by the authority, provided the water object in separate water and for special and secondary water use can be limited by the authorities granting these permissions in the manner prescribed by the legislation of Turkmenistan.
 
Article 33. Responsibilities of users Users are obliged to:-rational use of water resources, to take care of economical expenditure of water, restoring and improving the water quality;
-take measures to reduce water consumption and wastewater by improved production technology and water supply schemes (application of waterless processes, air cooling, revolving and re-consistent supply and other techniques);
-use of water bodies in accordance with the objectives and conditions of their provision;
-comply with established norms of maximum permissible discharge of pollutants and water intake limits, as well as sanitary and other requirements;
-effective use of modern technology and technology for keeping its territory, as well as to implement measures to prevent water pollution runoff (rain, snow) waters assigned her;
-include in the proper state of the zone of sanitary protection of sources of drinking and domestic water supply, coastal protective lines, stripes, coastal strip waterways, sewage and other water management structures, and technical devices;
-to carry out accounting and use of water intake, monitor the quality and quantity of dumped into the water objects of return water and pollutants, as well as to provide reports to the relevant authorities in the manner determined by the present code and other statutes;
-implement in the prescribed manner the technological, agrotechnical, lesomeliorativnye, hydrotechnical, sanitary and other measures to protect waters from exhaustion, improve their condition, as well as ending the dumping of contaminated waste water;
-to carry out special water use only with permission;
-take measures to reduce the loss of water filtering and evaporation;
-to observe the rules of operation of hydraulic structures for on-farm and inter-farm network;
-take measures to prevent the ingress of the fish in the system of fisheries waters;
-to make timely payments for use of water resources;
-to observe the rules of the cattle travel, tractors, agricultural machinery and other vehicles through the water objects;
-to observe the rules of watering, bathing cattle at water objects;
-freely admit to its facilities the State inspectors specially authorized State bodies in the area of water resources use and protection, as well as public inspectors of environmental protection Wednesday that verifies compliance of water legislation, and provide them with the necessary information for free;
-inform the local authorities, public authorities, environmental and sanitary supervision Wednesday on the occurrence of accidental contamination;

-to carry out the urgent work connected with the liquidation of the consequences of accidents which may lead to a deterioration in water quality and to provide the necessary technical means for elimination of accidents at the sites of other water users in the manner prescribed by the legislation;
-to prevent violations of the rights granted to other users, as well as damage to economic and natural objects (land, forests, fauna, minerals and others);
-to carry out other duties on the use and protection of water resources in accordance with the legislation of Turkmenistan.
 
Article 34. Promotion of water users, undertaking management and water protection measures to encourage water users, enabling implementation of socially useful activities on rational use and protection of waters, are established by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER IX. TERMINATION of the RIGHT to WATER MANAGEMENT Article 35. Grounds for termination of water rights Law legal entities and individuals on water use is ceased in case of: 1) minovaniâ in water or its refusal;
2) expiration of the water;
3) liquidation of legal entities;
4) transmission of water facilities to other users;
5) occurrence of water need to remove objects from a standalone use;
6) violations of rules for use of the waters and their protection;
7) use of the water body is not in accordance with the purpose for which it is granted;
8) recognition of the water body, with particular national importance, scientific, cultural or therapeutic value;
9) needed urgent meet drinking and household needs.
The legislation of Turkmenistan can provide other grounds for termination of water rights of legal entities and natural persons.
 
Article 36. Order the termination of the right of special water use special termination of the right to water is carried out:-by request of the user in cases stipulated in clauses of article 35 of this code;
-by the decision of Cabinet of Ministers of Turkmenistan in cases stipulated in clauses 5, 8, article 35 of this code;
-by decision of the authority to regulate water use, authorization for special water use, in cases stipulated in points 2, 4, and 7 of article 35 of this code;
-at the request of the authority which issued the permit for special use of water, in the cases contemplated in paragraph 6 of article 35 of this code;
Termination of special water use is subject to a decision of the authority which issued the permit for him.
Recycled water use may be terminated by a decision of the primary water user agreed with the authorities to regulate the use and protection of water resources.
 
Article 37. Removal of water objects from the separate use of Withdrawal of water objects from the completely or partially separate accommodations are in cases of special need to satisfy a public purpose by the decision of Cabinet of Ministers of Turkmenistan.
Right to separate use shall be terminated from the date of issuance of the decision on withdrawal or expiration date specified in the decision.
 
Article 38. Damages caused by the conduct of management, termination or change of conditions of water Losses caused by legal entities and natural persons holding management (hydraulic works, etc.), as well as termination or change of conditions of water shall be compensated in the manner prescribed by the legislation of Turkmenistan.
 
Chapter x. USE of WATER for DRINKING, household and other NEEDS of the POPULATION, article 39. Water provided for drinking, domestic and other needs of the population for drinking and domestic water supply, as well as for other needs of the population are exposed water bodies, water quality which conform to state standards, standards of environmental safety of water use, as well as sanitary requirements.
 
Article 40. Centralized water population when using the water for drinking, household and other needs of the people in order of centralized water supply entities in operational management, owned or used which are economic-drinking water pipes shall have the right to take water from water sources in accordance with the approved project in accordance with the established procedure water diversion structures and permissions for the special use of water to produce water of drinking quality and serving her customers.
The legal persons are obliged to organize accounting of water to be abstracted, conduct regular monitoring of water supply sources, maintain sanitary protection zone of water intake and to report to the authorities on the regulation of the use and protection of water resources, bodies of State Sanitary Inspectorate and local executive authorities on the variances in quantity and quality of water in sources from established norms.
On centralized intakes of groundwater within their fields and adjacent territories must be a local network of observation wells.
 
Article 41. Non-centralized water population
 

When using the water for drinking, household and other needs of the population in the order of non-centralized water supply legal and natural persons have the right to take water directly from surface or underground sources by way of a general or special use.
Water use facilities designed for these purposes shall be carried out in accordance with the rules established by the local bodies of the Executive power, on whose territory are diversion structures.
 
Article 42. The use of groundwater for drinking purposes not related to drinking and domestic water use of groundwater for drinking purposes not related to drinking and domestic water supply is generally not allowed.
The underground drinking water quality should be used primarily to meet the needs of drinking and domestic water supply, as well as the food industry.
In areas where you do not have sufficient surface water sources and groundwater supplies sufficient drinking specially authorized State authorities may authorize the use of these waters for purposes not related to drinking and domestic water supply.
 
CHAPTER XI. USE of WATER OBJECTS for medical, sanatorium and RECREATION PURPOSES Article 43. Procedure for use of water bodies, otnesënnymi categorized as medicinal water, referred in the prescribed manner to the therapeutic categories are primarily used for medical and sanatorium purposes.
In exceptional cases, specially authorized State authorities in agreement with the authorities of health and protection of mineral resources, the management of Resorts may allow use of water objects are allocated to the category of treatment for other purposes.
Discharge of sewage into water bodies, referred to a category of treatment, shall be prohibited.
 
Article 44. Use of the waters for recreation and Water sports facilities are used for public recreation and sports purposes, places the established local bodies of executive power in consultation with the authorities to regulate the use and protection of water resources, state sanitary inspection, conservation and waterways-with shipping authorities.
To ensure the orderly mass recreation and sport development water completely or partially can be provided in separate use of State and public organizations.
 
Article 45. Organization of the rescue service on water bodies used for recreation and sports, all legal entities that use water for recreation workers and sports purposes, must ensure that their rescue stations or posts, equipped in accordance with the rules approved by the Cabinet of Ministers of Turkmenistan.
 
Article 46. Use of water bodies for recreational and sport fishing Use of water bodies for recreational and sport fishing permitted authorities local authorities in compliance with the rules of the fishery, with the exception of water reserves, fish farms, fish farms, cultural as well as other places where fishing is prohibited.
 
Article 47. Use of water objects for navigation on small courts Use inland water objects for small ships (gpebnyh and motor boats, motor boats, sailing yachts and other vessels) is permitted in compliance with the rules regarding the use of malomernymi courts to be established by the Cabinet of Ministers of Turkmenistan.
Small craft must be registered in the prescribed manner and have side characters.
 
CHAPTER XII. The USE of WATER for AGRICULTURAL PURPOSES Article 48. Common and special use of water for agriculture Use of water for agriculture is carried out both as a general and special water use.
Special water use irrigation applied, obvodnitel′nye and other water management structures and devices belonging to legal entities and individuals.
The quality of water used for irrigation of agricultural land must meet established standards.
 
Article 49. Centralized and non-centralized water supply Agriculture Water agriculture is subdivided into centralized and non-centralized. The centralized water supply for agriculture is subject to the rules laid down in article 40 of this code.
Water farms and individual agricultural enterprises undertaken by decentralized way, watering pastures is made with the permission of the authorities to regulate the use of water in coordination with bodies of water protection, sanitary and veterinary control.
 
Article 50. Agricultural water use planning and approval of the Water agricultural water users is carried out on the basis of contracts between public water organizations and water users.
When planning areas and crop planting structure, determining the scope and timing of water use water users should be guided by the terms of the limited water use in accordance with article 27 of this code.

On-farm water management plans drawn up by local authorities to regulate water use are approved by their parent organizations.
Summary of water use plans for velaâtam, based on the district plans and consolidated water plan approved by Turkmenistan's Minister of water economy of Turkmenistan.
 
Article 51. Changing the quantity and timing of water supply on request of water users in the order established by the legislation of Turkmenistan, to Additionally, sverhlimitnaâ water supply for agriculture.
Water management bodies shall have the right to:-limit the flow of water to consumers while reducing water irrigation source (in compliance with the principle of uravnennoj water supply) and the deterioration of land reclamation State due to stamping out water use, unauthorized water intake by individual users;
-adjust plans for water supply to users, based on changed water regime of irrigation source, weather conditions or other reasons causing the need for changes in the volume and timing of water supply (by agreement with the authorities approving these plans).
 
Article 52. Irrigation with Wastewater Irrigation of agricultural lands sewage is allowed to specially authorized bodies to regulate the use and protection of water resources, in consultation with the bodies carrying out sanitary and veterinary supervision.
Industrial, utility companies and other legal persons are prohibited to serve for irrigation of agricultural land, the water, having a damaging impact on soil fertility and quality of agricultural products.
 
Article 53. Water utility land, smallholdings and allotments to ensure water households residing in the territory of a water user, a legal person shall be in accordance with the approved plan (limit) of water, as a matter of priority.
Water utility land, smallholdings and allotments, located outside the territory of the legal person-water user, Horticultures, produced in accordance with the approved plan (limit).
 
Article 54. Agricultural use of water sources with a temporary shock, legal entities and individuals on the consultation with the regulatory authorities and water protection can undertake activities for flood waters and mud for flooding senokosnyh land, pastures, areas of rain-fed agriculture.
 
Article 55. Prohibition of unauthorized waterworks management businesses and individuals are prohibited from arbitrarily to adjust the hydraulic structures on the canals and reservoirs mixed values to increase or decrease the water flow, as well as device on them temporary jumpers, pumping stations and other facilities.
 
Article 56. Conditions of watering and swimming animals, cattle and vehicles through the canals and other water facilities Run cattle, farm machinery, cars and other vehicles through the canals and other water facilities in areas not designed for these purposes is prohibited.
Watering livestock from canals, reservoirs, as well as bathing it is allowed only if there is a specially equipped construction sites or in areas set aside for this purpose.
 
Article 57. On-farm and on-farm structures and devices Inter-farm irrigation, collector-drainage network with buildings on it is on the balance of State water management organizations.
On-farm irrigation and collector-drainage network with buildings on it is on the balance of the water users themselves.
 
Article 58. Exploitation of onfarm irrigation and collector-drainage network maintenance in a serviceable condition of onfarm irrigation and collector-drainage network and hydrotechnical facilities rests with the water users themselves, on the balance sheet where they are located.
Water management bodies provide peasant associations and other legal entities with technical assistance for their account in exploitation of onfarm irrigation and collector-drainage network and hydraulic installations, as well as the organization works to prevent salinization and waterlogging of irrigated lands.
 
CHAP. XIII. CONDITIONS for USE of WATER BODIES for INDUSTRIAL USES and HYDROPOWER GENERATION Article 59. The restriction or prohibition of the use of water for industrial purposes Limits the consumption of drinking water for industrial use of the communal and departmental economic-drinking water pipes installed bodies of local authorities.
Local executive bodies in the event of a natural disaster, accident and other exceptional circumstances, as well as with the overruns Enterprise limit the consumption of water from a water pipe has the right to reduce or prohibit the consumption of drinking water for industrial purposes from the municipal and temporarily limit-of departmental economic-drinking water for priority meet drinking and everyday needs.
 

Article 60. The use of groundwater for technical water supply and other production needs of underground water (fresh, mineral, thermal) are not referred to the category of drinking or curative, can be used in accordance with the established procedure for technical water, extraction of chemical elements contained in them, generating heat energy and other production needs with the requirements of the management, conservation and the environment Wednesday.
 
Article 61. Use of water objects for hydropower generation use of water objects for hydropower generation is carried out taking into account the interests of other sectors of the economy, as well as complying with the requirements of complex use and protection of waters.
 
CHAPTER XIV. USE of WATER OBJECTS for the NEEDS of FISH, hunting FARMS, nature reserves and SANCTUARIES, article 62. Protection and reproduction of fish stocks and other activities when operating hydrotechnical and other structures on the fishery water bodies should timely be carried out activities to ensure the protection of fish stocks and the conditions for their reproduction.
The fishery water objects are forbidden:-hold the rubble and barricades of rivers, canals and channels;  
-produce bathing animals, paddock poultry;
-carry out other works affecting the status of fish stocks and the conditions for their reproduction.
Legal entities and individuals, the use of which are reservoirs or fishing areas are required by agreement with the bodies engaged in the protection of fish stocks, to hold fish and reclamation-technical activities, providing improvement of reservoirs and conditions of reproduction of fish stocks, as well as contain a proper sanitary condition coastal areas in the field of fishing.
 
Article 63. Use of water objects for the needs of hunting economy water objects, which provide habitat for wild animals and birds, can be used for hunting economy.
To the hunting grounds do not include reserves, edible, Lake and other fisheries. Water hunting grounds in accordance with the established procedure set for legal persons for hunting economy.
Conduct of meliorative works and rules for fishing in the habitats of rare and valuable birds, fur-bearing animals shall be agreed with the authorities to regulate the use and protection of water resources and fishery. During operation of the reservoirs in the region which are mass birds and fur-bearing animals, must take into account the interests of hunting economy.
 
Article 64. Priority water hunting organizations on rivers, canals, lakes and other water bodies that are the habitats of wild waterfowl and valuable fur-bearing animals (muskrat, nutria, and others), water protection and water management can be provided priority water hunting farms, taking into account the requirements of the integrated use of water.
In the habitats of rare and precious birds and fur-bearing animals in organized hunting farms, as well as in areas where activities on the restoration and protection of the fauna, the decisions of local authorities may be limited stay citizens amateur hunting, and shoreline construction and other activities which adversely affect the management of hunting economy.
 
Article 65. Protected water objects, water objects of particular scientific or cultural value in the order established by the legislation of Turkmenistan, are declared protected and provided continuous separate use of reserves and sanctuaries for the conservation of nature and scientific research.
Use of the waters of the reserves is determined by their provisions.
It is forbidden to use protected water objects for water supply and irrigation, fishing, hunting, collecting aquatic plants and other business purposes.
Removal of water objects of the use of reserves and sanctuaries are allowed only in cases of special necessity, based on the decision of the Cabinet of Ministers of Turkmenistan.
 
CHAPTER XV. USE of WATER OBJECTS for the NEEDS of water and air transport, Article 66. Use of water objects for the needs of water transport, rivers, lakes, reservoirs, canals, the territorial waters of the Caspian Sea are waterways for general use, except where their use for this purpose is completely or partially prohibited or made separate.
Procedure for rating of water bodies as navigable waterways, list of inland waterways open for public navigation and operating rules of the waterways are established by the Cabinet of Ministers of Turkmenistan.
 
Article 67. Use of water objects for the needs of air transportation procedure for use of water bodies for aircraft parking, take-off and landing of aircraft, as well as other air transport needs established by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER XVI. The USE of WATER for FIREFIGHTING PURPOSES and other State and public NEEDS Article 68. The use of water for firefighting purposes and other State and public needs  
 

Procedure for use of water bodies for fire-fighting purposes, as well as other State and public needs established by the Cabinet of Ministers of Turkmenistan.
Water intake for these purposes is allowed from any water bodies.
 
CHAPTER XVII. USE of WATER OBJECTS for SEWAGE Article 69. Conditions for use of water bodies for sewage use of water objects to return and waste water can be made only in exceptional circumstances with the permission of the authorities on water protection after agreeing with the bodies carrying out sanitary supervision, to regulate water use, as well as fisheries protection authorities and other interested bodies.
Water users are obliged to implement measures to prevent the discharge of sewage or its termination, if they are:-can be used in recycling systems, reuse-consistent water supply;
-contain valuable waste that can be removed;
-contain industrial raw materials, reagents, intermediates and final products enterprises in amounts exceeding the established norms of technological wastes;
-contain substances which are not set maximum permissible concentrations;
-contain toxic substances and infectious diseases;
-by volume of discharge of pollutants exceed maximum permissible standards;
-lead to an increase in water temperature of water object more than 3o C when compared with its natural temperature in summer;
-stroke outboard are remnants that are formed as a result of their cleaning and disinfection.
Dumping sewage in the terrain (beams, lowlands, quarries, etc.) is prohibited.
 
Article 70. Limitation, temporarily prohibiting the (suspension) or cessation of sewage into water bodies in case of exceeding the established norms of maximum permissible pollutant discharges wastewater discharges into surface water bodies may be limited, temporarily banned (paused) or stopped in order established by the legislation of Turkmenistan.
 
Article 71. Mine discharge conditions, career and mine water into water bodies, legal persons, discharge from the bowels of the mine, mining and mining water to prevent flooding of mines, quarries and mines in mineral extraction, are obliged to introduce efficient technologies that reduce the level of their natural mineralization before discharge into water bodies.
Discharge conditions of these waters in water bodies are established by public authorities of water protection.
 
Article 72. Conditions of drainage water dumping into water bodies, legal persons operating drainage systems to eliminate flooding, waterlogging or secondary salinization of irrigated lands must use effective technologies for the reduction of natural and technogenic pollution of drainage water before dumping them in the water.
 
Article 73. Drives, industrial wastewater and contaminated water technology legal persons having industrial effluent contaminated drives or mine, Quarry mine waters, are obliged to introduce effective technologies for their removal and disposal and to carry out reclamation, employed by these drives.
Discharge of such water into surface water bodies is carried out in accordance with the individual rules, consistent with State bodies of water protection.
Use of technological water bodies (ponds-coolers heating stations, fish ponds, ponds-storage tank and others) must be carried out in accordance with the norms and rules of operation defined in technical projects, approved in accordance with the procedure established by law.
 
Article 74. Order the burial of polluting liquid substances, waste and waste water in deep underground aquifers to create sites for burial in deep underground aquifers do not contain fresh water, polluting liquid substances, waste and wastewater, including passing formation water oil and gas fields or saline mine and thermal waters, which are formed on the basis of natural waters and beyond cleaning up existing means, is allowed in exceptional cases, for projects, after special studies with the permission of the bodies of water protection in coordination with bodies of geology , health surveillance, water management and local authorities.
 
CHAPTER XVIII. OPERATION of RESERVOIRS in Article 75. The mode of filling and drawdown of reservoirs Legal persons operating vodopodpornye, the culverts, reservoirs are obliged to observe the mode of filling and drawdown of reservoirs established taking into account the interests of irrigated agriculture, fisheries, conservation of nature and other water users.
 
Article 76. The order of operation of reservoirs, the order of operation of reservoirs is determined by the rules approved by the authorities for the regulation of water use for each reservoir in coordination with bodies on water protection, state sanitary inspection, protection of fish stocks and other interested bodies.

Organization and coordination of activities to ensure proper technical condition and improvement of water reservoirs, as well as the monitoring of compliance with the rules of their operation is carried out by the authorities to regulate the use of water as prescribed by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER XIX. USE of the RIVERS Article 77. Classification of rivers of Turkmenistan depending on the catchment area of the river basin is divided into large, medium and small. Classification of rivers is made in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan.
 
Article 78. Specifics of use of small rivers in order to protect the water of the small rivers are forbidden:-to change the topography of the basin;
-destroy the channel of the drying up of rivers, creeks and drains;
-When river channels and deepen their bottoms below natural level or block them without arranging drains, laissez-passer or aqueducts;
-reduce the natural vegetation and forest cover River basin;
-plow floodplain land and apply on them a means of chemistry;
-carry out drainage reclamation work on the marshlands and tracts in the upper reaches of rivers;
-provide land in floodplains under any construction (except for hydraulic, gauging and linear structures), as well as for horticulture and gardening;
-carry out other work that may adversely affect or impact on water availability and water quality of the River in it.
Water users and users whose land are located in the basin of the rivers, provide an integrated exercise aimed at conservation of water rivers and their protection from contamination and clogging.
 
Article 79. The complex of actions on preservation of water rivers and protecting them from pollution to rivers of water conservation and protection from pollution include:-creation of coastal protective lines;
-establishment of specialized services for the care of rivers, coastal protective bands, hydrotechnical facilities and maintaining them in good condition;
-introduction of počvozaŝitnoj cropping systems with copy-drainage catchment territory organization;
-implementation of agricultural, forestry and water soil conservation activities, as well as the establishment of organized runoff drainage structures (gutters, omissions, aqueducts etc) during the construction and operation of roads, railways and other utilities;
introduction of water saving technologies, as well as the implementation of water protection measures provided for in this Act at enterprises, institutions and organizations located in the basin of the rivers;
-establishment of a hydrological natural monuments.
With a view to assessing the ecological status of the river basin and to develop measures on rational use and protection of waters, her passport is compiled in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan.
 
Article 80. Regulation of river flows, creation of artificial water reservoirs with the aim of preserving the hydrological, hydro-biological and health of rivers, as a rule, it is prohibited to construct in their basin reservoirs and ponds with a total capacity exceeding the volume of flow of this river in the settlement during the year.
The creation of rivers and their basins of artificial reservoirs and levees installations, operation of partitioning off and other hydraulic structures, influencing the natural flow of surface and groundwater, is permitted only with the permission of the public authorities to regulate the use and protection of water resources, in consultation with conservation bodies and geology.
 
Article 81. Regulation of runoff through temporary Waterworks Regulation of runoff waters through temporary hydraulic structures is carried out taking into account the integrated use and protection of water resources and is coordinated with the authorities to regulate water use, as well as with bodies of water protection, conservation, public health surveillance, and other interested bodies.
 
CHAPTER XX. TRANSBOUNDARY WATERS Article 82. Use of transboundary waters use of transboundary waters is carried out in accordance with the procedure determined by the legislation of Turkmenistan and international treaties.
To the extent that water use in Turkmenistan part of transboundary waters are not regulated by international treaties, with the participation of Turkmenistan, it is carried out in accordance with the legislation of Turkmenistan.
Order of water on transboundary waters is established by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER XXI. Standardisation and STANDARDISATION in the field of water resources use and protection Article 83. Tasks in the field of standardization and regulation of water resources use and protection, standardization and standardization in the area of water resources use and protection is carried out in order to ensure ecological and sanitary-hygienic safety of waters by establishing a set of interrelated regulatory documents defining mutually agreed requirements for installations subject to standardization and regulation.
 
Article 84. Standardization in the field of water resources use and protection in a set of normative documents on standardization in the field of water resources use and protection includes documents containing:-basic provisions;
-terms and concepts, classifications;
methods, techniques and means of determining the composition and properties of the waters;

-requirements for the collection, accounting, processing, preservation, analysis, and forecasting of quantitative and qualitative indicators of the status of waters;
-requirements for the rational use and protection of water resources in industry standards and technical conditions for the processes, products and services;
-metrological rules, regulations, requirements for the Organization of work;
-other norms for standardization in this area.
Normative documents on standardization in the field of water resources use and protection are developed and approved in the manner prescribed by the legislation of Turkmenistan.
 
Article 85. Standards in the area of water resources use and protection in the area of water resources use and protection establishes the following rules:-the environmental safety of water use;
-ecological water quality standard of water objects;
-maximum permissible pollutant discharges;
-industry technology standards education substances discharged into water bodies;
technology regulations of water use.
The legislation of Turkmenistan can be installed and other norms in the area of water resources use and protection.
 
Article 86. Water environmental safety standards for assessing the possibility of using water from water bodies for the needs of the population and industries are established standards to ensure safe conditions of water use, namely:-the maximum allowable concentrations of substances in water bodies, water which is used to satisfy the drinking, domestic and other needs of the population;
-maximum permissible concentrations of substances in water bodies, water which is used for the needs of the fisheries sector;
allowable concentration of radioactive substances in water bodies, water which is used to satisfy the drinking, domestic and other needs of the population.
In case of need for waters used for therapeutic, Wellness Spa, recreational and other purposes can be subject to more stringent standards of environmental safety.
Water environmental safety standards are developed and approved:-the Ministry of health and medical industry of Turkmenistan-for water, water which is used to satisfy the drinking, domestic and other needs of the population;
-The State Committee for fisheries of Turkmenistan-for water, water which is used for the needs of the fisheries sector.
Water environmental safety standards being put in place in agreement with the Ministry of nature protection of Turkmenistan.
 
Article 87. Environmental water quality standard For evaluating the environmental well-being of water objects and define the set of water protection measures set ecological water quality standard containing the scientific value of the concentrations of the pollutants and indicators of water quality (obŝefizičeskie, biological, chemical, radiation). The degree of contamination of water bodies is determined by the corresponding categories of water quality.
Environmental standard and category of water quality are developed and approved by the Ministry of nature protection of Turkmenistan and the Ministry of health and medical industry of Turkmenistan.
 
Article 88. Standards of maximum permissible pollutant discharges Norms of maximum permissible discharge of pollutants are established with the purpose of phased achievement of the environmental standard of water quality.
Procedure for development and approval of norms of maximum permissible discharge and list of regulated pollutants are established by the Cabinet of Ministers of Turkmenistan.
 
Article 89. Industry technology standards education substances discharged into water bodies to assess the environmental safety of production are established industry standards for technological education substances discharged into water bodies, that is, norms of maximum permissible concentrations of pollutants in waste water produced in the process of producing one type of product when using the same raw materials.
Industry technology standards education substances discharged into water bodies, drafted and approved by the relevant ministries in coordination with the Ministry of nature protection of Turkmenistan.
 
Article 90. Technology regulations of water use For water management in sectors of the economy are set technological standards of water use, namely:-current technological standards of water use for the existing level of technology;
-advanced technology of water use standards taking into account achievements at the level of the best world technologies.
Technological water use standards developed and approved by the relevant ministries and departments, in coordination with the Ministry of nature protection of Turkmenistan.
 
Article 91. Prohibition of the dumping of substances into water bodies that do not have standards in the sphere of use and protection of water discharge into water bodies that are not set standards for water use and environmental safety norms of maximum permissible discharge, shall be prohibited.

Customers on the development of regulations and norms of water environmental safety of maximum permissible reset these substances are water users exercising their reset.
 SECTION III. OH RANA WATERS and preventing their HARMFUL EFFECTS CHAPTER XXII. WATER PROTECTION Article 92. Objectives of water protection all water (water) are protected from pollution, contamination and depletion, which may cause harm to public health, as well as lead to reduced fish stocks, deterioration of water conditions and other adverse environmental phenomenon for Wednesday due to a change in the physical, chemical, and biological properties of water, reducing their ability to cleanse itself, a breach of the hydrological and hydrogeological regime of waters.
To this end, creates water-security zones (zone), as prescribed by the Cabinet of Ministers of Turkmenistan.
 
Article 93. Measures for the protection of water and the improvement of their status and regime of juridical and physical persons, whose activity has a negative impact on the State of waters, are obliged to undertake concerted with the specially authorized State bodies and other interested bodies, technology, lesomeliorativnye, agpotehničeskie, hydrotechnical, sanitary and other preventive measures to ensure protection of waters from pollution, contamination and depletion, as well as to take measures to improve the status and regime of waters.
Water protection activities included in State programmes of economic and social development.
 
Article 94. Protection of waters against pollution and clogging the legal and physical persons are forbidden:-discharge into water bodies of industrial, household and other wastes and tailings;
-pollution and clogging the waters due to the loss of oil, chemical, radioactive, dumping oil and other products;
-pollution and clogged surface watersheds, ice ponds industrial, household and other waste, garbage and emissions, as well as oil and chemicals, where enveloping entails a deterioration in the quality of surface water and groundwater;
-water pollution by fertilizers and pesticides.
If during the drilling and other mining related to prospecting, exploration and exploitation of deposits of gas, oil, coal and other minerals discovered underground aquifers, legal persons conducting these works to ensure their reliable isolation that prevents pollution.
All types of wells are subject to equipment regulatory devices, the borehole, unserviceable or use of which has been discontinued, preservation or elimination.
Drilling wells for absorbing the dumping of industrial and household wastewater is prohibited in all cases where these wells can be a source of contamination of the aquifer, suitable for drinking and domestic water supply. Absorption wells drilling is allowed in exceptional cases, when there are positive opinions of the specially authorized State bodies, issued after conducting special surveys in the area of drilling these wells.
In the area of the formation of deposits of high-quality groundwater is not allowed to drive device of solid and liquid wastes, landfills, placement of industrial, agricultural and other facilities whose activities may be a source of contamination of groundwater deposits.
 
Article 95. Measures to protect waters from exhaustion in order to maintain a favourable regime of rivers, lakes, groundwater, reservoirs and other water sources, preventing their depletion activities against water erosion and silting of reservoirs.
Groundwater intakes, administered by legal and natural persons, shall be equipped with water measuring devices for the systematic observation of water level and flow measuring during operation.
Groundwater protection activities are carried out by legal entities and physical persons whose activities have an impact on groundwater.
 
CHAPTER XXIII. Prevention and elimination of the HARMFUL EFFECTS of WATER Article 96. Planning and implementation of measures to prevent and eliminate harmful effects of water Activities to prevent and combat the damaging effects of water included in State programmes of economic and social development.
In order to prevent the negative impact of flood waters and mud in water protection zones and coastal strips of the rivers and other waterways flooded periodically by the floodwater, lahar-affected ravines are forbidden to land allocation to legal and physical persons, plowing the land, construction of objects of industrial and non-industrial destination, organization of summer cottages, lodges, etc. Periodically tidal floodplains, seleopasnye ravines must be busy forest-shrub plantings.
 
Article 97. Prevention and management of natural disasters caused by the harmful effects of water implementation of urgent measures for the prevention and elimination of natural disasters caused by the adverse effects of waters shall be governed by the legislation of Turkmenistan.
Execution of works on the prevention and elimination of emergency situations during the passage of floods and mudflows organized local bodies of executive power.

For operational management work for the prevention and elimination of natural disasters caused by the harmful effects of water, the Cabinet of Ministers of Turkmenistan where appropriate created flood and other commissions, composed of representatives of the authorities to regulate the use of water, water protection and the respective bodies concerned.
 
Article 98. Environmental emergency zone of ecological disaster and water objects, where as a result of economic or other activity or accidents and disasters, prolonged water shortage and drought there are persistent adverse changes in the status of waters that threaten the security and health of the population, degradation of flora and fauna are declared environmental emergency areas or ecological disaster.
 
SECTION IV. PUBLIC ACCOUNTING And WATER-USE PLANNING CHAPTER XXIV. PUBLIC ACCOUNTING and planning WATER USE Article 99. Public accounting of the waters and their use of the public accounting of water and their use has as its objective the establishment of a quality and quantity of waters constituting a single water fund, water usage data for the needs of the population and industries.
Public accounting of the waters and their use must provide the data necessary for:-development of main directions of socio-economic development and the distribution of productive forces in the territory of Turkmenistan, current and prospective water use planning and conducting water protection measures;
-mapping of complex use and protection of water, water balance and for the conduct of the State water cadastre;
-designing of water management, transport, industrial and other installations and structures associated with the use of waters;
-predict changes hydrological conditions, water availability and water quality of rivers;
-operational management of water systems and the development of activities to improve the effectiveness of their work;
-Regulation of relationships between water users, as well as other interested legal and physical persons;
-other purposes, envisaged by the legislation of Turkmenistan.
 
Article 100. Monitoring of water and State water cadastre Monitoring water is water monitoring system to detect changes in a timely manner, evaluation, prevention and elimination of the negative processes.
State water cadastre includes accounting data on water quantity and quality, registration of water users, as well as the accounting data of the water use.
Monitoring of water and State water cadastre are underway and ministries in accordance with their provisions.
Coordination of works on monitoring water and the body of the State water cadastre by the Ministry of water economy of Turkmenistan.
 
Article 101. Water balances Water balances, assessing the existence and extent of the use of the waters of the river basin, water areas and generally in Turkmenistan shall be drawn up by the Ministry of water economy of Turkmenistan.
 
Article 102. Scheme of complex use and protection of waters in General and basin (territorial) scheme of complex use and protection of water define the main water management and water protection measures for the conservation of water fund to meet future needs in the population and water industries, ensuring the most effective and rational use of waters and to protect waters and prevent their harmful effects. Scheme of complex use and protection of waters shall be drawn up by the Ministry of water resources of Turkmenistan and are approved by the Cabinet of Ministers of Turkmenistan.
 
Article 103. Planning of water resources use and protection Planning of water resources use and protection should provide scientifically based water distribution among water users with priority the satisfaction of drinking and household needs of the population, water protection and prevent their harmful effects.
In the planning of water resources use and protection takes into account projected socio-economic development of the State, the State water cadastre, water balances, the scheme of complex use and protection of waters.
 
Article 104. The manner of financing State accounting waters and their usage, monitoring water and State water cadastre and design schemes of complex use and protection of waters of the State and use of water accounting, water monitoring, maintenance of the State water cadastre, drafting of the water balance, develop schemes for integrated use and protection of waters shall be covered from the State budget as prescribed by the Cabinet of Ministers of Turkmenistan.
 
Section V. SETTLEMENT Of DISPUTES On The Use And PROTECTION Of Waters And RESPONSIBILITY For VIOLATIONS Of WATER LEGISLATION Of TURKMENISTAN CHAPTER XXV. RESOLUTION of DISPUTES on the use and PROTECTION of WATERS Article 105. Water Water disputes disputes disputes arising are recognised upon presentation, seizure, use and protection of waters and other water relations.
 
Article 106. Authorities to allow the disputes on the use and protection of water resources

Disputes on the use and protection of water resources are resolved by the Cabinet of Ministers of Turkmenistan, judicial organs in accordance with the legislation of Turkmenistan.
Disputes arising from the use and protection of interstate water sources are considered special commissions formed by the Governments of those countries on an equal footing, in accordance with international agreements and standards.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, no. 2014, art.)
 
Article 107. The order of consideration of disputes on water use Disputes on water use are discussed with the participation of the parties. In case of failure of one of the parties, without good reason, the dispute may be resolved in her absence. In decisions on disputes where necessary may provide for the manner and timing of their execution, as well as measures to restore the infringed right water user.
On disputes on water use can be appealed. Complaints against decisions of the local authorities served in the higher bodies of State power, water disputes are resolved in the courts.  
 
Article 108. Resolution of property disputes related to water relations property disputes related to water relationships are resolved by the courts of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER XXVI. LIABILITY for VIOLATION of the WATER LEGISLATION of TURKMENISTAN Article 109. The invalidity of transactions that violate the right of State ownership of water Transfer water rights without the consent of the relevant authorities and other transactions, directly or implicitly violate the right of State ownership of water, are not valid.
 
Article 110. Administrative and criminal liability for violation of the code of Turkmenistan "on the water" persons guilty of violating the code of Turkmenistan "on the water", bear administrative or criminal liability in accordance with the legislation of Turkmenistan.
Persons guilty of theft of water resources by prorytiâ the coast of irrigation canals, open locks, the use of special devices, the use of potable water for irrigation, as well as other forms and ways to plunder water prosecuted.
Fines for administrative offences are imposed by officials specially authorized State bodies on the regulation of water resources use and protection within the limits of their competence, established by the legislation of Turkmenistan. A fine does not relieve perpetrators from the obligation to address violations and reimbursement of causal damage.
 
Article 111. Return illegally trapped water objects Illegally captured water objects are returned by their affiliation without compensation for costs incurred by the infringer for unlawful use.
Return illegally trapped water facilities will be accorded on the decision of authorities issuing water permit or the courts of Turkmenistan with a vzyskivaniem value of the caused material damage and illegally obtained benefits.
 
Article 112. Damages caused by the wrongdoing of water legislation of the legal entities and individuals shall be obliged to indemnify the damages caused by the violation of water legislation, in size and order established by the legislation of Turkmenistan. Officials and other employees of the fault which enterprises, organizations and institutions incurred costs associated with compensating bear material responsibility in the manner prescribed by the legislation.
 
SECTION VI. INTERNATIONAL TREATIES CHAPTER XXVII. REGULATION of the USE of INTER-STATE WATER BODIES Article 113. Regulation of the use and protection of inter-State water management facilities and protection of interstate water bodies is carried out in accordance with concluded bilateral or multilateral agreements, treaties and norms.
If an international treaty to which Turkmenistan is a party establishes regulations different from those set out in this code, the rules of the international treaty shall apply.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, no. 2014, art.)
 
President of Turkmenistan Saparmurat Turkmenbashi annex to the code of Turkmenistan "on water" key terms and concepts

 
 
Sanitary area. The territory adjacent to the bed of the watercourses and water bodies, on which the special mode of economic activities to prevent pollution, contamination and depletion of water and maintaining favorable water regime.
The composition of the water protection zone includes floodplains, terraces, edge first and steep slopes of indigenous banks, as well as beams, ravines, directly discharging into the River Valley.
Within water protection zones along watercourses and water bodies allocated coastal watersheds.
Coastal vodohrannaâ band-the territory severely restrict economic activity.
 
Water body. The sea, rivers, lakes, reservoirs, canals, groundwater aquifers and other water sources with complex hydrotechnical and other structures for collecting water, regulate water and transport, travel and other needs are called water object.
 

The harmful effects of water. The negative impact of flood waters in rivers, mudslides, flooding territories, flooding, waterlogging and salinization, destruction and defence equipment is the harmful effects of water.
Water cadastre is maintained at a uniform methodology for a systematic set of hydrogeological information on surface and ground waters.
 
Water Fund is a set of water bodies within the territory of Turkmenistan, included or to be included in the State water cadastre.
 
Water removal-a set of measures on water abstraction.
 
Water distribution-planned water intake from water bodies and its distribution among users.
 
Water availability is a system of measures to meet the water needs of physical and legal persons as compared with the estimated optimal demand for water, installed water and hygiene standards.
 
Water regime-change in time levels, costs and volumes of water in water bodies and soils.
 
Water user means a natural or legal person in the prescribed manner of water water for their needs.
 
Water Fund lands. Water Fund lands are lands held by watercourses and reservoirs, hydraulic and other water management facilities and land allocated under the drainage Strip riparian habitats of coastal water protection strips.  
 
Water Fund lands are available in the prescribed manner and are intended for the construction, reconstruction, maintenance and repair of land reclamation funds, the development and improvement of water systems and waterworks, designed and constructed for irrigation, irrigation and water supply of agricultural land and fisheries.
 
Common and special use of water. Use of water objects without application installations and technical devices that do not affect the status of waters is called a shared water use.
Use of water objects or their part using structures or technical devices to meet drinking and household needs of the population, the water needs of agriculture and fisheries, industry, energy, as well as for sewage called special water use. The special management in certain cases may also assign the use of water objects without the use of facilities and equipment, but has influence on State waters.
 
Primary and secondary water users. Water users performing the fence of water and transport of water through the canals and pipelines are primary, and water users receiving water from primary to secondary water users.
 
Joint and separate water use. If water subjected to various legal entities and physical persons, the waterway is shared. Water body granted use of one water user is considered in a separate water.
 
Waste water. Water disposed after use in a household or industrial activity called human waste.
 
Territorial waters. Adjacent to the coast strip of sea or ocean, under the sovereignty of the coastal State and an integral part of the (continued) its national territory is called the territorial waters. Obligatory international regulations relative to the width of the territorial waters does not exist. It is established by legislation of the coastal State or international agreements.
 
In the territorial waters of the coastal State owns all the rights deriving from its sovereignty: the exclusive right on realization of customs, sanitary, radiotelegrafnogo and border surveillance, on the use of its national and civil jurisdiction, navigation rules promulgated by the exploitation of natural resources of the subsoil and seabed etc.
 
Annex to the code of Turkmenistan "on the water" to supplement the Criminal Code of Turkmenistan article to read: Article 3131 3131. Theft of water resources (1) theft of water by prorytiâ the coast of irrigation canals, open locks, the use of special devices, the use of potable water for irrigation, as well as other forms and ways to plunder water, are punishable by a fine of from 50 to 100 average monthly wage or by deprivation of liberty for up to three years.
(2) the same acts of violence or threat of violence against the person guarding the object or causing damage to irrigation or human sacrifice, as well as other serious consequences, shall be punishable by deprivation of liberty for a term from five up to ten years.  
 
 
 
 
October 25, 2004 year.
No. 244-II.