On the approval and implementation of the water code of Turkmenistan * article 1. Approval of the water code of Turkmenistan.
 
Article 2. Introduce water code of Turkmenistan since January 1, 2017 onwards.
 
Article 3. Void c January 1, 2017 years: the law of Turkmenistan dated October 25, 2004 year, approving and enacting the code of Turkmenistan "on the water" (records of the Mejlis of Turkmenistan, 2004, no. 4, art. 34);
The law of Turkmenistan on March 1, 2014 year "on amendments and additions to the code of Turkmenistan" on the water "(records of the Mejlis of Turkmenistan, 2014, no. 1, art. 51). Article 4. Continue to bring laws and other normative legal acts of Turkmenistan into line with the water code of Turkmenistan, they operate to the extent not inconsistent with this code.
 
      Turkmen President Gurbanguly Berdimuhamedov mountains. October 15, 2016 year Ashgabat No. 456-V.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WATER CODE of TURKMENISTAN * this Code regulates relations in the sphere of sustainable use and management of water in order to meet the water needs of businesses and individuals and is aimed at enhancing the value of water resources, protection of waters from pollution, contamination and depletion, prevention and elimination of the negative effects of water, restore and improve the State of water objects.
 
Section i. General provisions CHAPTER i. basic provisions article 1. The basic concepts used in the present code 1. This code uses the following concepts: 1) water-collection of all water, concentrated in water objects;  
2) water body is the concentration of water in the artificial watercourses and ins or natural hollows of the Earth's surface or in the subsoil having defined boundaries, volume and characteristics of the hydrological regime or the regime of groundwater;
3) water-surface and groundwater reserves of this territory;
4) watercourse-water body, characterized by the movement of water in the direction of the gradient at the deepening of the Earth's surface;
5) pond-surface water body in the deepening of the Earth's surface, characterized by slow water movement (flow) or total lack of it (standing);
6) waters-water space within natural, artificial or conventional boundaries;
7) integrated (complex) water resources management approach to ensure the sustainable development and management of water resources, taking into account social, economic and environmental interests, as well as the coordination of water management in various sectors of the economy;
8) basin principle of water management fund management on hydrographic characteristics in the distribution by water within river basins, lakes and other water objects;
9) hydrological regime-change in time levels, costs and volumes of water in water objects;
10) wastewater-a set of measures to ensure discharge of sewage, rainwater and drainage water;
 
_ * translated from the official language of Turkmenistan.
11) water use-water use in the manner prescribed by the legislation of Turkmenistan, to meet the needs of businesses and individuals;
12) water user-legal or physical person who, in the manner prescribed by the legislation of Turkmenistan, has been granted the right of use of water resources;
13) water-use of water resources to meet the needs of the population and sectors of the economy;
14) water user-legal or physical person in accordance with the established procedure of water water to meet their needs;
15) public water organizations-regional and basin State water organizations carrying out activities in the area of water resources use and protection;
16) water provider-territorial or State water basin organizations implementing water intake and transporting water for water;
17) water supply services-services that include maintenance costs in operating condition and operation of inter-farm, onfarm irrigation and collector-drainage network, hydrotechnical and other structures, as well as pumping units;
18) waterworks-artificially created structures to govern the use and protection of water resources, water supply, sanitation and eliminating the negative effects of water;
19) gidromeliorativnaja system (network)-a set of technologically interrelated hydraulic installations, devices and equipment for irrigation, irrigation and drainage;
20) irrigation network is part of the hydroirregation system (network), consisting of permanent and temporary irrigation canals and pipelines to supply water for irrigation, its distribution between users for crop irrigation, green (forest) plantations;
21) of the collector-drainage network is part of the hydroirregation network of underground and surface channels, structures and designed to collect and divert surplus groundwater in vodoprijomniki (trunk sewers, downgrading the terrain);

22) water intake structure-complex structures and devices intended for the abstraction of water objects;
23) protection of water objects is a complex of measures aimed at preventing, avoiding, eliminating pollution, contamination and depletion of water objects, their preservation and restoration;
24) pollution of water objects-flow in water body of pollutants, microorganisms, heat, deteriorating the composition and properties of water;
25) clogging of water objects-flow into surface water bodies of foreign substances, deteriorating water quality;
26) depletion of water objects-reduction of surface and underground waters with further possible deterioration in their quality;
27) adverse impact of water-flooding, flooding, waterlogging in certain territories, the destruction of water objects or their parts and other harmful effects on them;
28) sewage-water resulting from economic and other human activities, the atmospheric precipitation, as well as mining, quarrying and mining water;
29) drainage water-groundwater withdrawal which hydraulic structures specifically designed for this purpose, in order to prevent their negative impact;
30) return water − surface water and groundwater in the water after their commercial or domestic use;
31) a zone of sanitary protection of water objects is the territory that includes drinking water source and water supply facilities, consisting of three zones of sanitary protection zones, each of which establishes a special regime of economic activity and the protection of water from pollution, contamination and depletion;
32) transboundary water objects (transboundary waters)-water objects, which represent the cross the border between two or more foreign States or goes the State border;
33) water protection zone-the area surrounding the water objects, which establishes a zone with special conditions for its use in order to prevent pollution, contamination and depletion of water objects, maintaining their ecological sustainability and adequate sanitation;
34) coastal water protection strips-within water protection zones, which establishes the regime of limited economic activity;
35) transboundary impact is adverse effect as a result of quantitative or qualitative changes of transboundary waters caused by a human activity, the physical origin of which is situated wholly or partly within the territory of a neighbouring State or neighbouring States;
36) water user Association-Association created for the joint management of domestic gidromeliorativnymi systems (networks) and their maintenance in operational condition and exploitation;
37) water user group-water users without formation(education) of the legal person, who in the service area of a peasant associations, user associations or other water users assume responsibility for the content and operation of irrigation and collector-drainage network, are part of the unified economic system (network) hydroirregation peasant associations, user associations or other users;
38) project water event, ensuring reliability of hydraulic structures at all stages of their construction and maintenance, preservation of fauna and flora, including the conservation of biological resources;
39) water production event-effective operation of waterworks or waterworks facilities within the normative duration of their service in order to meet the qualifications of functional requirements, providing normative (informative) the technical conditions and a normal level of security at the economical use of water, land, labor, energy and compulsory activities to prevent the negative impact of these installations and facilities on the environment Wednesday.
2. other concepts are defined in separate articles of this code.
 
Article 2. Water legislation of Turkmenistan 1. Water legislation of Turkmenistan is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan, regulating water relationships.
2. Normative-legal acts of Turkmenistan, governing the use and protection of waters, are made on the basis of this code and should not contradict its provisions.
3. Relations arising in the field of drinking water and drinking water, are governed by this code and the legislation of Turkmenistan on drinking water.
4. Relations arising in the sphere of use and protection of marine and transboundary waters shall be governed by the present code and international treaties to which Turkmenistan is a party.
5. If an international treaty to which Turkmenistan stipulates other rules than those contained in this code, the rules of the international treaty shall apply.
 
Article 3. Objectives and tasks of water legislation of Turkmenistan

1. the objectives of the water legislation of Turkmenistan are to achieve and maintain environmentally sound and economically optimal level of water and the provision of conservation, to improve living conditions and preserve the environment Wednesday.
2. the tasks of the water legislation of Turkmenistan are: 1) the State policy in the sphere of use and protection of water resources, water supply and sanitation;
2) providing a legal framework for the support and development of sustainable water management and protection of water resources, water supply and sanitation;
3) customer relationship management in the field of exploration, rational and integrated use and protection of water resources, hydro reclamation systems and hydraulic installations;
4) identification of areas of water resources development and improve land reclamation;
5) protection of the population, territory and objects of economy from emergency situations at hydraulic structures and effects caused by them.
 
Article 4. The basic principles of water legislation of Turkmenistan water legislation of Turkmenistan is based on the following basic principles: 1) recognition of the national significance of the waters which are the basis for socio-economic development of the country and preservation of the health of the population;
2) public administration and State control in the field of water resources use and protection;
3) ensuring equal access of the population to water;
4) sustainable management and use of water resources;
5) integrated (complex) water resource management;
6) combination of administrative-territorial and basin water resources management principles;
7) creation of optimal conditions of water, preservation of environmental sustainability environment Wednesday and sanitary and epidemiological safety of population;
8) priority for use of fresh water for drinking, the relevant quality standards;
9) prevention of pollutions and water depletion;
10) citizen participation and public associations in matters relating to the use and protection of water bodies, in the preparation of decisions which could have a positive impact on water bodies with their use and protection;
11) transparency in activities related to the use and protection of waters, and availability of information on the use and protection of waters;
12) paid special water use, except for certain types of special water use imposed by the Cabinet of Ministers of Turkmenistan;
13) liability for violation of the water legislation of Turkmenistan;
14) compensation damage caused by the violation of water legislation of Turkmenistan;
15) mezhdunarodnoe cooperation in the area of water resources use and protection, including through the regulation of water relationships within the boundaries of the transboundary water objects.
 
Article 5. Ownership of water fund of Turkmenistan 1. Water Fund of Turkmenistan is the exclusive property of the State.
2. the right of ownership, use and disposal of water fund belongs to the Cabinet of Ministers of Turkmenistan.
3. the activities of legal entities and individuals who violate the right of State-owned property at water objects, entail liability under the legislation of Turkmenistan.
 
Article 6. Ownership of the hydraulic structures 1. Waterworks can be in the State or any other form of property.
2. Relations connected with ownership, use and disposal of hydraulic structures are in some form of ownership, are regulated by the civil legislation of Turkmenistan, unless otherwise stipulated by this code.
3. The surviving waterworks and reservoirs that are in State property passed into the possession of and use of public water management organizations.
4. On-farm structures can be passed into the possession of and use either the property of legal and physical persons of Turkmenistan, in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 7. Water Fund of Turkmenistan 1. The sum of all water bodies is water fund of Turkmenistan.
2. Water Fund of Turkmenistan includes the following types of water bodies: 1) surface water bodies: a) ocean waters (within the Turkmen sector of the Caspian Sea water area);
b) watercourses (rivers, streams, canals, irrigation and collector-drainage networks);
ç) bodies of water (Lakes, ponds, watered career, reservoir);
d) natural and artificial exits to the surface of the Earth of groundwater (springs, geysers, kyarizi);
2) underground water bodies: a) pools of groundwater;
b) aquifers.
 
Article 8. Subjects of water relations 1. Water relations actors are the State, legal entities and natural persons.
2. in the area of water relationships on behalf of the State Act public authorities of Turkmenistan within their competence, as defined by the present code and other normative legal acts of Turkmenistan.
 
Article 9. Land of water fund

1. the lands of water fund include land occupied watercourses (Lakes, reservoirs, the waters of the Turkmen sector of the Caspian Sea), watercourses (rivers, canals, reservoirs, hydraulic and other water management facilities, buildings mixed value), Interstate collectors, are situated in the territory of Turkmenistan, as well as selected above etc. of water objects and structures.
2. Water Fund lands intended for the construction, maintenance and renovation of hydrotechnical amelioration systems.
3. Water Fund lands are withdrawn from circulation shall be transmitted to the relevant public authorities and are used for the intended purpose.
4. procedure for providing the right to use the lands of water fund, as well as the procedure for the seizure of the land shall be determined by the legislation of Turkmenistan.
5. composition and size of the lands of water fund, economic activities on those lands are defined by the normative legal acts of Turkmenistan.
6. The main activity on lands of water fund is the exploitation of water objects.
 
Section II. Public Administration And GOVERNMENT CONTROL In The Area Of Water Resources Use And Protection In CHAPTER II. The State management in the area of water resources use and protection Article 10. Public bodies exercising control in the area of water resources use and protection 1. The State management in the area of water resources use and protection is carried out by the Cabinet of Ministers of Turkmenistan, authorized State niques that are controlled in the sphere of use and protection of waters, niques that are controlled local executive bodies and local governments.
2. the public authorities in the field of water resources use and protection are: 1) the Ministry of agriculture and water management (hereinafter referred to as the authorized body);
2) authorized government authority in the field of environmental protection Wednesday;
3) authorized government authority in the field of geology;
4) other public authorities, in accordance with the legislation of Turkmenistan.
 
Article 11. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) takes measures to implement State programmes in the area of water resources use and protection;
2) to approve the main directions of rational use and protection of water, water resources development;
3) provides guidance to the public authorities in the field of water resources use and protection;
4 limits on water use) velajatam and jetrapam, as well as by major water bodies and sectors of the economy;
5) adopt normative legal acts of Turkmenistan in the area of water resources use and protection;
6) announces water bodies or parts of an environmental emergency or zones of ecological disaster;
7) cooperates with foreign States and international organizations on the use and protection of transboundary waters;
8) exercises the right to possess, use and dispose of water fund of Turkmenistan;
9) defines the list of hydrotechnical and other water structures of particular strategic importance;
10) solves other questions related to its terms of reference in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 12. Competence of the authorized body Empowered body: 1) undertakes and implements State policy in the sphere of use and protection of water objects;
2) participates in the development of the main directions of State policy in the field of integrated use and protection of waters;
3) develops the State programme for the development of land reclamation and water management;
4) negotiates in the prescribed manner of drilling wells for groundwater extraction;
5) within the limits of its competence, normative legal acts of Turkmenistan in the area of water resources use and protection;
6) within the limits of its competence, monitors the water legislation of Turkmenistan;
7) coordinates the execution of work on drawing up the State water cadastre of Turkmenistan and runs the specified inventory under the heading "use of water;
8) carries out State control in the sphere of use and protection of waters and organizes works on rational use and protection of water resources;
9) approves on-farm system, district, regional and State water management plans;
10) carries out work on public accounting of water resources and their use;
11) sets limits water consumption water users and supervises their implementation;
12) carries out and coordinates the management of the State monitoring of water bodies;
13) gives permission for the special use of water to businesses and individuals, as well as suspend dejstvie permission for special water use;
14) provides water objects or parts thereof in separate;
15) negotiates the proposals for water sharing objects;
16) carries out the design, research, research and development related to the use and protection of waters, the construction and operation of hydro reclamation systems and water objects;
17) develops integrated land reclamation;

18) develops and approves regulations of technical exploitation of hydraulic installations;
19) develops and implements measures to prevent and eliminate the consequences of mudflows and floods, flooding and destruction of the shores of watercourses and reservoirs of dams and other hydraulic structures, provides interaction with other bodies of State administration;
20) is an international collaboration on water relationships regulation, rational use and protection of transboundary waters in the order established by the international treaties of Turkmenistan and the legislation of Turkmenistan;
21) solves other questions related to its terms of reference in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 13. Competence of the authorized body of State administration in the field of environmental protection Wednesday Authorized Government authority in the field of environmental protection Wednesday: 1) carries out the State control over protection of surface and subsurface (except vent) waters, the implementation of the measures for the prevention of pollution, depletion of water resources and their rational use;
2) conducts a State environmental appraisal pre-project and project documentation for construction and reconstruction of water facilities and coordinates production of works on water bodies and water protection zones;
3) prepares documents for decision on suspension, cessation of economic or other activity or realigning environmentally hazardous and industrial objects, if it affects the State of water objects;
4) coordinates in accordance with the established procedure of drilling jekspluatacionnyh groundwater extraction wells;
5) gives a conclusion in accordance with the established procedure for irrigation of agricultural lands sewage;
6) gives permission in the prescribed manner on the use of water objects for wastewater discharge by agreement with the competent authority and bodies carrying out sanitary supervision, protection of fish stocks and local executive power bodies;
7) monitors compliance with the established norms of maximum permissible discharge of pollutants into water bodies;
8) carries out the State control over compliance with the requirements of the legislation of Turkmenistan, the regime of zones of sanitary protection of water sources, the adoption of measures for the prevention and the prevention of pollution, depletion of water resources, their management and conservation;
9) carries out the State control over protection of waters in the basin of the Turkmen sector of the Caspian Sea in accordance with the legislation of Turkmenistan on Wednesday environmental protection and international treaties to which Turkmenistan is a party;
10) oversees the work of the technical condition of water and air pollution control facilities in industrial plants, vessels and other floating means compliance with special conditions for enterprises of water, observance of the established procedure and conditions of sewage;
11) monitors the environmental situation in the country, including revealing the oil spill in the waters of the Turkmen sector of the Caspian Sea and to determine the amount of damage caused to the environment Wednesday;
12) carries out environmental monitoring over the production of dredging in the Turkmen sector of the Caspian Sea;
13) takes part in the work of State commissions on acceptance and commissioning of new and reconstructed objects of industrial, municipal and other assignments related to the use and protection of water resources;
14) negotiates terms and conditions of the special use of water;
15) solves other questions related to its terms of reference in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 14. Competence of the authorized body of State administration in the field of geology Authorized Government authority in the field of Geology: 1) exercises State control over use and protection of underground waters, their deposits from depletion and pollution;
2) gives permission to search, exploration and exploitation of deposits of underground waters;
3) gives permission for the drilling of wells jekspluatacionnyh to extract groundwater;
4) is conducting State registration of groundwater;
5) carries out State groundwater monitoring;
6) leads the State water cadastre of Turkmenistan in relation to deposits of underground waters, and organizes in the established order the transfer of this data to the authorized body;
7) coordinates the activities of legal entities and individuals in the use of groundwaters;
8) explores underground water deposits;
9) negotiates terms and conditions of the special use of water in case of use of underground waters;
10) performs State supervision of geological exploration and other work on geological studying of groundwater;
11) in the event of a breach of water legislation of Turkmenistan, regarding use of groundwater, in the manner prescribed by the legislation of Turkmenistan, takes measures to restrict the right to use groundwater;

12) gives, in agreement with the authorized body of State administration in the field of environmental protection Wednesday a permit for waste disposal in the bowels of the Earth;
13) solves other questions related to its terms of reference in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 15. Territorial and basin water management organizations of State 1. Territorial and basin water management organizations-State bodies under the authority of the competent authority, the main task of which is to implement state management and control in the area of water resources use and protection.
In the formation of territorial and State water basin organizations take into account the geographical, historical, hydrographic, social, economic and other factors.
2. the provisions on territorial and basin water organizations of Government approved by the authorized body.
3. If necessary in order to ensure the rational and integrated use and protection of water objects are created territorial and river basin councils, objectives and functions of which are defined in accordance with the legislation of Turkmenistan.
 
Article 16. The competence of the public authorities in the field of drinking water and drinking water, the competence of the public authorities in the field of drinking water and drinking water supply is determined by the legislation of Turkmenistan on drinking water.
 
Article 17. The competence of local authorities local executive authorities: 1) take part in realization of the State policy in the area of water resources use and protection;
2) participate in the development of schemes, programmes and action plans related to the rational use and protection of waters, take measures to implement them on their territory;
3) take measures to ensure the population and industries water on their territory;
4) organize the implementation of water-saving technologies and techniques for the rational use and protection of waters on their territory;
5) organize work on the conclusion and execution of agreements between State water management organizations and water users to supply water to the extent necessary, including excess water intake;
6) jointly with the notified body are responsible for compliance with established limits water supply to users;
7) are involved in the preservation and restoration of water resources, as well as in the implementation of measures to prevent negative effects of water and its consequences;
8) to protect the rights of water users within the scope of their authority;
9) shall agree upon decisions about the granting of water objects or their parts in separate water use;
10) agree on the placement and construction of production facilities, production, affecting waters, as well as the conditions of construction, dredging and other works on water bodies in water protection zones and coastal water protection strips;
11) contribute in addressing security issues of hydraulic installations on their territory;
12) must inform the public about the State of water objects residing on their territory;
13) coordinate the construction and location of the device structures for water diversion from water bodies (including wells) on their territory;
14) shall agree on the conditions of the special use of water;
15) solve other issues falling within their competence, in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 18. The competence of the bodies of local self-government and local self-government bodies: 1) assist in developing schemes, programmes and plans of action related to the rational use and protection of waters, take measures to implement them on their territory;
2) contribute to the implementation of measures for the rational use and protection of water facilities located on their territory;
3) organize the implementation of water-saving technologies and techniques for the rational use and protection of water resources on their territory;
4) monitor compliance with established limits water supply to users, as well as the conclusion and performance of contracts between State water management organizations and water users to supply water to the extent necessary, including excess water intake;
5) assist in the provision of water and industries on their territory;
6) participate in the implementation of measures to prevent negative effects of water and its consequences;
7) monitored the health of water sources in their territory;
8) decide any other matters falling within their competence, in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 19. The participation of citizens and NGOs in the implementation of activities in the field of  

                    water resources of citizens and public associations in the manner prescribed by the legislation of Turkmenistan have the right to: 1) take part in the examination of State bodies and organizations, of issues related to the use and protection of waters;
2) take part in the conduct of public authorities in the field of water resources use and protection of verification of the fulfilment of water users water protection rules and activities and to make proposals on these issues;
3) exercise public control over the use and protection of water objects;
4) hold a public environmental appraisal, to inform the population about its results and pass them to the public authorities in the sphere of use and protection of waters, to make proposals for the placement, design and construction of new and reconstruction of existing enterprises, buildings and other objects related to the use and protection of waters, in the manner determined by the legislation of Turkmenistan;
5) receive in the manner prescribed by the legislation of Turkmenistan, complete and reliable information about the State of water objects, sources of pollution, use and protection of waters;
6) to participate in the order established by the legislation of Turkmenistan, in decision-making on issues related to the use and protection of waters;
7) to sue in court for damages caused to the State and citizens due to pollution, contamination and depletion of water;
8) exercise other rights in the area of water resources use and protection in accordance with the legislation of Turkmenistan.
 
CHAPTER III. STATE CONTROL in the sphere of use and protection of WATERS Article 20. Functions of State control in the sphere of use and protection of waters 1. Functions of State control in the field of water resources use and protection are: 1) the control over observance of the established procedure for water use and protection of waters;
2) monitoring compliance with accounting rules and other rules established by the water legislation of Turkmenistan.
2. State control over use and protection of waters is carried out by authorized State bodies in accordance with the legislation of Turkmenistan.
3. the procedure for implementation of State control over the use and protection of waters is determined by the Cabinet of Ministers of Turkmenistan.
 
Article 21. Authorities exercising State control over water resources 1. In order to exercise State control over the use and protection of waters in the composition of the authorized body of the control service is formed using water resources.
2. in order to implement the State control over protection of waters, the implementation of the measures for the prevention of pollution, depletion and rational use of waters in the composition of the authorized body of State administration in the field of environmental protection Wednesday operate specialized services of ecological control and territorial authorities in the field of environmental protection Wednesday.
3. in order to implement state monitoring of the water intake mode and protection of groundwater in the composition of the authorized body of State administration in the field of geology formed public service geological monitoring.
 
Section III. STATE PLANNING In The Area Of Water Resources Use And Protection. STATE WATER METERING, State WATER CADASTRE of TURKMENISTAN and STATE MONITORING of WATER BODIES (chapter IV.) STATE PLANNING in the area of water resources use and protection Article 22. State planning tasks in the area of water resources use and protection 1. Objectives of the State planning in the area of water resources use and protection are to provide scientifically based water distribution among water users, water protection and preventing their negative impact.
2. State planning in the area of water resources use and protection takes into account predictions of social and economic development of Turkmenistan, water balances, the scheme of complex use and protection of waters.
 
Article 23. Water balances 1. Water balances are designed to assess the availability and utilization of the water resources of the basin of water bodies, water areas and generally in Turkmenistan.
2. water balances are developed by the authorized body with the participation of the authorized body of State administration in the field of geology, the authorized State body in the field of Hydrometeorology and approved by the Cabinet of Ministers of Turkmenistan.
3. Costs associated with the development of water balances, are carried out at the expense of the State budget of Turkmenistan.
 
Article 24. Scheme of complex use and protection of waters 1. Scheme of complex use and protection of waters are divided into master, basin and territorial.

2. Scheme of complex use and protection of waters are developed for integrated decision-making (integrated) water management, identifying the main water management and water protection measures on rational use and protection of water fund to meet future needs in the population and water resources industries, as well as to protect the waters and prevent their negative impact.
3. Scheme of complex use and protection of waters notified body are being developed with the participation of the authorized body of State administration in the field of geology, the authorized State body in the field of Hydrometeorology and the authorized body of State administration in the field of environmental protection Wednesday with the assistance of scientific and specialized design organizations based on the water needs of sectors of the economy, and approved by the Cabinet of Ministers of Turkmenistan.
4. Costs associated with the development of schemes of complex use and protection of waters, carried out at the expense of the State budget of Turkmenistan.
 
Chapter v. STATE ACCOUNTING waters, STATE WATER CADASTRE of TURKMENISTAN and STATE MONITORING of WATER BODIES, article 25. Public water accounting tasks 1. Task State water accounting is to establish information about the quantity and quality of water resources on the territory of Turkmenistan, as well as data on water use and discharge.
2. State registration of waters and their use must provide the data necessary for: 1) development of main directions of social and economic development of Turkmenistan, current and prospective water use planning and conducting water protection measures;
2) mapping of complex use and protection of water, water balance and maintain the State water cadastre of Turkmenistan;
3) design of water, transport, industrial and other installations and structures associated with the use of waters;
4) predict changes of hydrological and hydrogeological conditions, water availability and water quality of rivers;
5) operational management gidromeliorativnymi systems and to develop activities to improve the effectiveness of their work;
6) other purposes, envisaged by the legislation of Turkmenistan.
3. the national water accounting is carried out at the expense of the State budget of Turkmenistan.
 
Article 26. State accounting of surface water 1. State accounting of surface water is carried out by the notified body together with the authorized State Agency on Hydrometeorology through permanent observation of the quantitative and qualitative characteristics of surface waters.
2. Authorized State body in the field of Hydrometeorology organizes permanent observation of the quantitative and qualitative characteristics of natural surface waters.
 
Article 27. State accounting State groundwater groundwater metering is carried out by the authorized body of State administration in the field of geology through observation of the quantitative and qualitative characteristics of the groundwater.
 
Article 28. State water cadastre Turkmenistan 1. State water cadastre of Turkmenistan represents a set of systematic data on the State and use of water objects of their water resources and water users.
2. the State water cadastre of Turkmenistan is carried out on a single system and is based on data of State water accounting.
3. maintenance of the State water cadastre of Turkmenistan is carried out by an approved body on the basis of data provided by the authorized body of State administration in the field of geology, the authorized State Agency on Hydrometeorology and other interested public bodies.
The State water cadastre of Turkmenistan in relation to surface water is carried out by the authorized State body in the field of Hydrometeorology, which organizes in the established order the transfer of this data to the authorized body.
4. Users are obliged to submit to the competent authority and the competent organ of State administration in the field of geology, assembling all the necessary data to be included in the State water cadastre of Turkmenistan.  
5. the authorized body shall, in the prescribed manner to ensure the access of interested legal and physical persons to the information contained in the State water cadastre of Turkmenistan.
6. maintenance of the State water cadastre of Turkmenistan is carried out at the expense of the State budget of Turkmenistan.
 
Article 29. State monitoring of water bodies 1. State monitoring of water bodies is a system of regular water monitoring for early detection of changes in the status of waters, evaluation, prevention and elimination of the consequences of the negative processes affecting water quality in water bodies.

2. The authorized body in conjunction with the competent authority of the State administration in the field of environmental protection, Wednesday authorized State Agency on Hydrometeorology and the authorized body of State administration in the field of geology lead State monitoring of water objects.
3. State monitoring of water bodies is carried out at the expense of the State budget of Turkmenistan.
 
 
Section IV. WATER CHAPTER VI. The RIGHT Of USE Of WATER Objects. WATER USES Article 30. The right of use of water objects of the right of use of water bodies is available to legal and physical persons in the manner prescribed by the present code and other normative legal acts of Turkmenistan.

Article 31. Provision of water bodies in the use of water objects or parts thereof may be made available for use by businesses and individuals in the order determined by the present code and other normative legal acts of Turkmenistan.
 
Article 32. The objective of water bodies in the use of water objects are available for use to meet the drinking water, household, medical, Spa, health and other needs of the population, as well as agricultural, industrial, energy, transport, fisheries and other needs.
Water can be in use to ensure the water needs for the achievement of one or more of the above objectives.
 
Article 33. Water uses, water use is divided into the following types: 1) total;
2) Special;
3) joint;
4) separate;
5) primary and secondary.
 
Article 34. Total water use 1. Total water use is carried out to meet the needs of the population (swimming, boating, sports boats of all kinds and other fastening, amateur and sports fishing, watering place animals) without the use of hydraulic structures or technical devices, without fastening of water facilities for individual and entities or individuals without obtaining special permission.
2. limiting people's access to water bodies of water shared by establishing prohibition signs, barricades, security items is prohibited, except in cases provided by the present code and other normative legal acts of Turkmenistan.
3. Total water use may be restricted or prohibited in order to ensure environmental, sanitary and epidemiological safety of population, as well as safe operation of hydraulic structures or technical devices.
With a total water use must comply with sanitary norms and rules, as well as the rules of protection of fisheries, navigation, safety of life on the water management and water protection. To this end, local executive bodies and local governments may establish places on their territory, where banned 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, township or village.
4. General terms and conditions of water use are established on the basis of decisions by the local authorities in agreement with the competent authority, notified body of State administration in the field of environmental protection Wednesday and authorized State body in the field of sanitary-epidemiological welfare of the population.
These bodies are obliged to bring to the attention of the interested legal and physical persons of the General conditions of water use in certain water bodies.
 
Article 35. Special water use 1. Special water use is the use of legal and physical persons of water objects or their parts with the use of hydraulic structures or technical devices to meet drinking and household needs of the population, ensure the water needs of agriculture and fisheries, construction, industry, energy, as well as for sewage.
2. the special management in certain cases may also assign the use of water objects without the use of hydraulic structures or technical devices, but has a certain impact on the waters.
3. water use cannot be considered special, if it relates to: 1) pass water through hydropower;
2) navigation;
3) flow (pumping) of water users in dry regions;
4) Elimination of the harmful effects of water (flooding, soil salinization, waterlogging);
5) use of groundwater to remove useful components;
6) withdrawal of water from subsoil, together with extraction of mineral resources;
7) performing construction work, jetting method for dredging and blasting;
8) mining;
9) prey of aquatic plants;
10) laying of pipelines and cables;
11) conduct drilling and exploration;
12) implementation of the construction and operation of domestic wells and boreholes to a depth to the surface of the first aquifer, a non-centralized water supply source, installed in accordance with the legislation of Turkmenistan;

13) pol'zovaniem groundwater by devices in the territory of the rural settlements, towns, cities, public lands and forest reserve fund sets of dug wells, driven filter wells operating without forced water level, as well as on closed (landlocked) reservoirs without fisheries values captured (construction engineering) springs and water sources with impounding water intake, established in accordance with the legislation of Turkmenistan;
14) other works on water bodies that run without water intake and sewage.
4. Special water use is carried out on the basis of permits issued by the notified body in consultation with the relevant authorities in accordance with the legislation of Turkmenistan.
The right to special water use occurs in natural and legal persons from the moment they receive such permission.
5. authorization for the use of groundwater by devices in the territory of the rural settlements, towns, cities, State land reserve lands and forest fund sets of dug wells, driven filter wells operating without forced water level, gives the authorized body on the basis of the opinion of the authorized body of State administration in the field of geology, and in consultation with the relevant public authorities and local bodies of executive power.
6. authorization for special water use by devices on closed (landlocked) reservoirs without fisheries values, capping Springs, sources gives the Commissioner the authority in consultation with the relevant public authorities and local bodies of executive power.
7. List of special water use is approved by the notified body in consultation with the authorized body of State administration in the field of environmental protection Wednesday and authorized body of State administration in the field of geology.
 
Article 36. Separate water use 1. Separate water − provision of water facilities or parts thereof only one legal or natural person.
2. At water objects available in separate use, total water use is allowed under the conditions established by the primary user, in agreement with the authorized body and notified body of State administration in the field of environmental protection Wednesday and local executive power bodies.
3. Water, carrying out separate water, is obliged to announce conditions or general ban water, unless otherwise established by the decisions of local authorities.
4. the separate use of water objects are provided wholly or partly on the basis of the decision of the Cabinet of Ministers of Turkmenistan on presentation of the authorized body on agreement with the authorized body of State administration in the field of geology and the authorized body of State administration in the field of environmental protection Wednesday.
5. the procedure of excitation and the consideration of applications for water bodies in separate use is established by the Cabinet of Ministers of Turkmenistan.
 
Article 37. Joint water use 1. Joint water management − provision of water facilities or parts thereof for use by multiple legal entities and (or) individuals.
2. the joint use of water is carried out on the basis of a permit for special use of water.
3. Shared water bodies, may be not granted separate use.
4. At water objects available in sharing, total water use is allowed under the conditions established by the local bodies of executive power.
5. Water users engaged in joint water use, are required to declare on the conditions or general ban water, unless otherwise established by the decisions of local authorities.
 
Article 38. Primary and secondary water use 1. The primary water use water is natural and legal persons carrying out the fence and water through the canals and pipelines directly from public irrigation systems.
2. Water supply applicable primary water users is carried out on the basis of a contract with the relevant territorial or basin water management organizations in the State by the competent authority.
3. Secondary water use water is natural and legal persons receiving water from the primary water user on the basis of a contract with him.
 
Article 39. Terms for use of water bodies 1. Water objects are available in permanent or temporary use.
2. Permanent admits use of water objects without limit.
3. Temporary use of water objects can be short-term-up to five years, and long-term, ranging from five to 40 years. If necessary, the terms for use of water bodies may be extended for a period not exceeding the periods respectively of short-term or long-term loan.

Term of temporary use of water bodies on the petition of an interested user may be extended by the public authorities, who decided on the granting of water body in separate usage or issuing a permit for special use of water.

CHAPTER VII. Rights and RESPONSIBILITIES of USERS Article 40. The rights of water users water users have the right to: 1) use water resources for the purposes for which they are provided, in compliance with the requirements stipulated by the present code and other normative legal acts of Turkmenistan;
2) to exercise their right to use the water resources, avoiding the violation of rights and lawful interests of other persons, causing harm to the environment and waters Wednesday;
3) use is not fully allocated water limits due to its rational use, on the basis of the application of water-saving technologies, as well as in cases of changes in economic conditions or other circumstances;
4) construction and/or reconstruction of the hydroirregation system or its individual parts in coordination with appropriate State water management organizations;
5) create in the manner prescribed by the legislation of Turkmenistan, associations, groups and other associations of water users;
6) receive in the manner prescribed by the legislation of Turkmenistan, information on the State of water objects for water management;
7) check the quality and quantity of water provided;
8) defend their water rights in the manner prescribed by the legislation of Turkmenistan;
9) enjoy other rights provided for by the legislation of Turkmenistan.
 
Article 41. Responsibilities of users Users are obliged to: 1) rational use of water resources, care for the economical use of water, restoration and improvement of the water quality;
2) take steps to reduce water consumption and wastewater reduction by improved production technology and water supply schemes (application of waterless processes, air cooling, revolving and re-consistent supply and other technological techniques);
3) use of water bodies in accordance with the objectives and conditions of their provision;
4) comply with established norms of maximum permissible discharge of pollutants and water intake limits, as well as sanitary and other requirements;
5) implement measures to prevent water pollution by sewage;
6) contain in proper condition zone of sanitary protection of sources of drinking and household water, coastal water protection Strip, strip, strip of coastal waterways, sewage treatment and other hydrotechnical constructions and technical equipment;
7) maintain volume and use of water intake, monitor water quality and quantity dropped into the water objects of return water and pollutants, as well as to provide the relevant State bodies the reports in the manner prescribed by normative legal acts of Turkmenistan;
8) to cooperate 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;
9) take steps to reduce water wastage on filtering and evaporation in meliorative systems;
10) follow the rules of operation of hydraulic structures on-farm and inter-farm values;
11) to take measures to prevent the proliferation of fish and other living aquatic resources in the irrigation system of fishery water objects of value;
12) to make timely payments to the competent authority for the use of water resources, including the use of limits;
13) observe the rules of cattle, passage of tractors, agricultural machinery and other vehicles through the water objects;
14) to observe the rules of watering and bathing in the waters;
15) freely admit to their objects of State inspectors, authorized State bodies in the area of water resources use and protection, as well as public inspectors of environmental protection Wednesday, which verifies compliance with the water legislation of Turkmenistan, and provide them with the necessary information;
16) to inform local bodies of executive power, the authorized body empowered Government authority in the field of environmental protection Wednesday and authorized State body in the field of sanitary-epidemiological welfare of the population on the occurrence of accidental contamination;
17) to carry out urgent work related to mitigating the consequences of accidents which may lead to a deterioration in water quality and to provide the necessary technical means intended for liquidation of accidents in the waters of other water users, in the manner prescribed by the legislation of Turkmenistan;
18) perform other duties provided for by the legislation of Turkmenistan.
 
Article 42. Guarantee the rights of water users

1. The right to water is protected by the legislation of Turkmenistan. No one may be deprived of the right to water on the grounds indicated in the present code and other normative legal acts of Turkmenistan.
2. Interference in the activities of water users from the public and other bodies and organizations is prohibited, except in cases provided by the present code and other normative legal acts of Turkmenistan.
3. Broken water user rights should be recovered in the manner prescribed by the legislation of Turkmenistan.
Damage incurred as a result of violations of the rights of water users, non-refundable, in order, a certain article 118 of this code.
 
Article 43. Restricting the rights of water users 1. Water user rights may be restricted in the manner prescribed by the legislation of Turkmenistan, in order to protect public health, the environment, national security Wednesday, as well as with the water shortage, emergency situations of natural and man-made disasters.
2. Restriction of the rights of water users should not worsen the conditions of use of water resources for drinking and household needs of the population.
3. the rights of water users to separate water use may be restricted by the notified body, provided the water object in separate use and procedure for special and secondary water use can be restricted to authorized authorities granting permission to the specified use, in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER VIII. The grounds and procedure for the TERMINATION of the RIGHT of USE of WATER Article 44. Termination of the right to water use 1. The right to water must be terminated in the following cases: 1) refusing water from water rights;
2) expiration of the water;
3) misuse of the water body;
4) disappearance of a natural or artificial water bodies;
5) occurrence of water need to remove objects from a separate use for State and public needs;
6) transmission hydraulic installations in the prescribed manner to other users;
7) violation of the rules regarding the use and protection of waters, as well as water use agreement terms and conditions;
8) neglect water users;
9) recognition of the water body as an object with a particular State (environmental) value, or which is scientific, cultural or medicinal value.
2. Secondary water use may be terminated by a decision of the primary water user in accordance with the provisions of this code.
3. the laws of Turkmenistan may be provided and other grounds for termination of water rights.
 
Article 45. The grounds and procedure for the termination of the right of the special water use 1. Special water use right shall be terminated in the following cases: 1) on the request of the user;
2) by a decision of the Cabinet of Ministers of Turkmenistan in cases stipulated in clauses 5 and 9 of part 1 of article 44 of this code;
3) according to the decision of the authorized body that issued the permit for special use of water, in the cases provided for in clauses 2, 3, 4, 6 and 7 of part 1 of article 44 of this code.
2. the right of the special water use is terminated by revocation of the authorized body of the permission for the special use of water.
The decision on the termination of the right of the special water use is grounds for termination of the contract.
3. the decision on the termination of the right of the special use of water may be appealed in the manner prescribed by the legislation of Turkmenistan.
 
Article 46. Removal of water objects of the separate use 1. Removal of water objects from the completely or partially separate water use will be accorded on the decision of the Cabinet of Ministers of Turkmenistan.
2. Right separate water ceases the moment the Cabinet of Ministers of Turkmenistan's decision to withhold the water bodies or expiration of use of water object.
3. Damages caused by legal and natural persons as a result of the termination of the right of separate water use or change the conditions of water use in connection with the seizure of waterbody to meet state or public needs shall be compensated in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER IX. USE of WATER OBJECTS for DRINKING and household WATER Article 47. Use of water objects for drinking and household water supply 1. For drinking and household water supply, as well as other needs of the population are exposed water bodies, water quality which should conform to established Government standards.
2. Use of water of drinking appointments to meet the needs of the people, not related to drinking and domestic household water supply is generally not allowed.
The use of drinking water for the needs of the economic sectors is permitted only in exceptional circumstances when the presence of technical possibility of implementing water supply without compromising the needs of the population in the manner prescribed by the legislation of Turkmenistan.
 
Article 48. Centralized water population

1. When using the water for drinking, household and other needs of the population in the centralized water supply order legal entities, in the operational management in possession and use of which is economic-drinking water supply network, have the right to exercise the withdrawal of water from water sources in accordance with the approved projects of water diversion structures and based on special water use permits to obtain drinking water quality and feeding her water.
The legal persons are obliged to organize accounting of water intake volume of water sources, conduct regular monitoring of water in them, maintain sanitary protection zone of water withdrawal and report to the authorized State body in the field of sanitary-epidemiological welfare of the population and local bodies of executive power on the variances indicator values of the quantity and quality of water in sources from established norms.
2. Centralized intakes of groundwater within their fields and adjacent territories must be a local network of observation wells.  

Article 49. 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 carry out water inlet directly from surface or underground water bodies 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.

Chapter x. USE of WATER BODIES for MEDICAL, health and RECREATIONAL PURPOSES, article 50. Use of water bodies for therapeutic and recreational purposes 1. Water containing natural therapeutic resources are used for therapeutic and recreational purposes in accordance with the legislation of Turkmenistan on sanitary-resort and resorts.
2. Water objects, referred to in the order established by the legislation of Turkmenistan, in the category of medical and wellness are used only for medical, Spa and wellness goals.
In exceptional cases the authorized body and authorized government authority in the field of environmental protection Wednesday, in agreement with the authorized body of State administration in the field of geology and the authorized body of State administration in the field of health and medical industry can allow the use of water objects are allocated to the category of medical and health for other purposes.
3. Discharge of waste and drainage water into water bodies, referred to the category of medical and wellness, as well as in their territory is prohibited.
 
Article 51. Use of water bodies for recreational purposes 1. Use of water bodies for recreational purposes (recreation, tourism, sport) is permitted as a general use.
2. Space for public recreation, tourism and sport on water bodies and hydraulic structures are established bodies of local executive authorities in agreement with the competent authority, notified body of State administration in the field of environmental protection, Wednesday authorized State body in the field of sanitary-epidemiological welfare of the population, by the authority for the protection of aquatic biological resources and waterways-in coordination with those bodies governing shipping.
3. legal entities and physical persons using water for recreational purposes, must ensure that their rescue stations or posts, equipped in accordance with the rules approved by the Cabinet of Ministers of Turkmenistan.
 
CHAPTER XI. USE of WATER OBJECTS for AGRICULTURE Article 52. Use of water objects for agriculture 1. Use of water objects for agriculture is carried out in accordance with the General and special water use.
2. When a special water apply irrigation, obvodnitel'nye, collector-drainage network and other hydraulic structures and devices in the possession and use of legal and natural persons.
3. use of water bodies for water supply and irrigation of pastures livestock farms shall be carried out in accordance with special water use on the basis of a permit issued by the notified body in consultation with the authorized body of State administration in the field of geology, by the authorized body of State administration in the field of environmental protection Wednesday and authorized State body in the field of sanitary-epidemiological welfare of the population, the State veterinary service, as well as local bodies of executive power.  
4. Monitoring and evaluation of the reclamation condition of irrigated lands is conducted by the notified body at the expense of the State budget of Turkmenistan.
 
Article 53. Planning of water use in agriculture

1. Use of water in agriculture is carried out on the basis of contracts between public water suppliers of water organizations and water users in accordance with the water management plans.
2. Water users in planning and establishing the structure of sown areas with agricultural crops, determining the volume of water and timing of water use should be guided by the terms of the limited water use in accordance with article 102 of the present code.
Conditions and procedure for granting water sverhustanovlennyh limits shall be determined in accordance with the legislation of Turkmenistan.
3. On-farm water use plans are developed and approved by the public water users organizations in consultation with the local bodies of executive power.
4. in order to ensure water users irrigation water drawn up water use plan for Turkmenistan, which is being developed on the basis of water use plans for velajatam, jetrapam, and also on the territory of the pools of water objects.
Turkmenistan's water use plan is approved by the notified body.
5. The authorized body and its territorial and State water basin organizations have the right to: 1) restrict water supply to consumers while reducing water irrigation source (in compliance with the principle of uravnennoj water supply);
2) 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.
 
Article 54. The use of waste and drainage water for oroshenija 1. The use of waste and drainage water for irrigation is carried out in accordance with established ecological and sanitary-epidemiological requirements.
2. Waste water depending on the source of their education are divided into municipal and industrial water and water is atmospheric precipitation.
3. Use of treated waste water for irrigation is allowed only technical, fodder crops and green (forest) stands on the basis of a permit issued by the notified body and notified body of State administration in the field of environmental protection Wednesday in agreement with an authorized State body in the field of sanitary-epidemiological welfare of the population, the notified body in the field of Veterinary Affairs and local bodies of executive power.
4. drainage water Use for irrigation is carried out on the basis of a permit issued by the notified body and notified body of State administration in the field of environmental protection Wednesday in agreement with an authorized State body in the field of sanitary-epidemiological welfare of the population and local bodies of executive power.
 
Article 55. Water utility land, smallholdings and allotments 1. Water personal subsidiary plots of natural persons residing in the territory of a water user, a legal person shall be in accordance with water use plan within the approved limit as a matter of priority.
2. Providing water service land, smallholdings and allotments outside the territory of the legal person-water user, Horticultures, produced in accordance with the plan of water within the approved limit.

Article 56. Agricultural use of water sources with temporary status in the legal and physical entities in agreement with the competent authority, notified body of State administration in the field of environmental protection Wednesday and authorities of local executive authorities can carry out activities for the flood and mud water for crop irrigation, senokosnyh land, pasture, and livestock watering rainfed with taking into account of environmental requirements.
 
Article 57. Prohibition of unauthorized adjustment of hydraulic structures of legal entities and individuals are prohibited from arbitrarily to adjust the hydraulic structures on the canals and reservoirs to increase or decrease the water flow and the device on them temporary jumpers, pumping stations and other facilities.
 
Article 58. Conditions of watering and swimming animals, cattle and vehicles through the canals and other hydraulic structures 1. Run cattle, tractors, agricultural machinery and other vehicles through channels and other waterworks in places other than those designated for these purposes shall be prohibited.
2. use of water bodies for bathing and watering livestock is allowed outside the zone of sanitary protection and if there are construction sites and other devices, preventing pollution and clogged water bodies.

Article 59. On-farm and on-farm structures

1. Inter-farm irrigation and collector-drainage network with them and other hydraulic structures, publicly owned, passed the State water management organizations on the right of ownership and use and are on the balance of these organizations.
Construction and maintenance in operational condition inter-farm irrigation and collector-drainage network and hydraulic engineering located on them and other structures are carried out at the expense of the State budget of Turkmenistan.
2. On-farm irrigation and collector-drainage network and associated hydraulic and other constructions, the possession and the enjoyment of, or owned by 1,815 private associations, agricultural and other land users, can be transferred to the possession and use of, or the property of other water users under the conditions and in the manner established by the legislation of Turkmenistan.
3. On-farm irrigation and collector-drainage network and associated hydraulic and other buildings are on the balance of water users.
4. Content in working condition of onfarm irrigation and collector-drainage network and hydraulic structures located on them, technical, pumps and other devices is vested in the peasant associations, water users ' associations, water users groups and other water users in possession and use, or the property of which they are located.
5. public water organizations responsible for providing irrigation water can under contract with dajhanskimi associations, water user associations, groups of water users and other users to perform work on a fee basis to clean up, repair and maintenance of onfarm irrigation and collector-drainage network and hydraulic structures located on them and technical devices.
6. the procedure and terms of payment for the clean-up, repair and maintenance of onfarm irrigation and collector-drainage network and hydraulic structures located on them and technical devices are defined in accordance with the legislation of Turkmenistan.
7. secondary water users receiving irrigation water from the primary water users pay the costs of the maintenance in operational condition of onfarm irrigation and collector-drainage network and hydraulic structures located on them and technical devices under conditions and pursuant to procedure established by the legislation of Turkmenistan.
Costs (tariffs) in working condition of onfarm irrigation and collector-drainage network and hydraulic structures located on them and technical devices for irrigation of crops within the State order, are established by the Cabinet of Ministers of Turkmenistan.
Costs (tariffs) in working condition of onfarm irrigation and collector-drainage network and hydraulic structures located on them and technical devices for irrigation of crops outside the State order, installed by an authorized body in accordance with the legislation of Turkmenistan.
 
Article 60. Operation of hydrotechnical amelioration systems 1. Hydroirregation-production system operation and management system and keeping items in working condition, its improvement, conduct reclamation monitoring engineering, planning and operational management of water regime of irrigated lands.
2. the main objectives of operation of hydrotechnical amelioration systems are: 1) content in good (healthy) State of hydrotechnical amelioration systems and individual components, the adoption of measures to prevent damaging them;
2) water supply to water users in accordance with the established limits and water supply schedules;
3) disqualification of collector-drainage waters;
4) monitoring of technical condition of irrigation and reclamation condition of irrigated lands;
5) improve, enhance the level and efficiency of hydro reclamation systems.
3. maintenance of hydrotechnical amelioration systems in working condition is to ensure timely maintenance and repairs to maintain and restore the health of hydroirregation system and its elements.
Works on maintenance service and repair of hydrotechnical amelioration systems include the continuous monitoring of their condition, protection from harm, silting and sedimentation from overgrowing and weed, repair of hydrotechnical amelioration systems and facings for other events. Carrying out these works on meliorative systems is carried out in accordance with the production plans of the State water management organizations and water users in charge of irrigation system.

Article 61. Operation of hydraulic structures, intended for the transport of water and sanitation

1. operation of hydraulic structures, intended for the transport of water and sanitation, is the maintenance of technical and health the health of these structures.
2. Main indicators of health and health technical hydraulic structures, intended for transportation of water and sanitation are: 1) the provision of channel capacity and design of hydraulic structures;
2) maintaining an appropriate level of water in the canals;
3) absence of silting and overgrowing channels;
4) minimum filtration and technological losses of water in the canals;
5) prevent flooding water and filtration of surface water flooding the surrounding lands.
3. Maintenance and repair works of hydraulic engineering structures, intended for the transport of water and sanitation, are carried out in accordance with the production plans of the State water management organizations and water users, which are listed buildings.
 
CHAPTER XII. USE of WATER BODIES for INDUSTRY and POWER INDUSTRY Article 62. How to use water features for industry and power industry Use of water bodies for industrial purposes and energy needs is carried out in accordance with the special use of water.
 
Article 63. Restriction or prohibition of the use of potable water facilities for industrial purposes 1. The use of potable water facilities for industrial purposes is generally not allowed.
2. the use of drinking water to ensure production needs is only allowed in exceptional cases and if technically possible such use without compromising the needs of the population on the basis of the decision of the Cabinet of Ministers of Turkmenistan.
3. use drinking water from household drinking water supply for industrial purposes may be restricted or prohibited by local bodies of executive power, together with the authorized body of State administration in the sphere of communal services in cases of natural disasters, accidents or in other exceptional circumstances, as well as in poor structures, intended for purification of waste waters, overruns the enterprise limit the consumption of drinking water.
4. Limit the consumption of drinking water for industrial purposes of domestic potable water pipes shall be approved by the authorized body of State administration in the field of public utilities by agreement with the local bodies of executive power.
 
Article 64. The use of groundwater for technical water supply and other necessities 1. Groundwater is not referred to the category of drinking and mineral waters can be used for technical water supply and other production needs with the requirements of rational use and protection of waters and the environment Wednesday.
2. In accordance with paragraph 2 of article 47 of this code, in the territories, where there are no surface water objects, but there are sufficient reserves of groundwater, suitable for the purpose of drinking and domestic water supply, is allowed in exceptional cases the use of groundwater for technical water supply and other necessities in the manner prescribed by the legislation of Turkmenistan.
 
Article 65. Use of water objects for power industry 1. Use of water bodies for energy purposes is carried out in accordance with special water use taking into account the interests of other water users, branches of the economy as well as people living near power plants, in compliance with the requirements of integrated use and protection of waters.
2. Organizations operating energy facilities on water bodies are obliged to provide 1:) compliance with the established mode of operation of reservoirs, while maintaining the priority of drinking and domestic water supply;
2) needs of the fisheries on the sections of rivers and reservoirs that are important for the preservation and reproduction of fish resources in flood plains and deltas;
3) unhindered pass of ships and rafts;
4) implementation of established environmental, sanitary and emergency releases.
 
CHAP. XIII. USE Of WATER OBJECTS For The NEEDS Of FISHING, Hunting And Forestry. USE of WATER objects located on SPECIALLY PROTECTED NATURAL TERRITORIES Article 66. Use of water objects for the needs of pybolovstva 1. Water use values destined for industrial production (catch) of aquatic biological resources in the manner prescribed by the legislation of Turkmenistan.
2. Use of water objects fisheries values for purposes other than drinking and domestic water supply, may be restricted in the interests of fisheries by the authorized body of the public fisheries management in agreement with the competent authority.
3. Obligations of legal entities and physical persons using water fisheries values are determined by the legislation of Turkmenistan on fisheries and the conservation of aquatic biological resources.
 

Article 67. Use of water objects for the needs of hunting economy 1. Water bodies, or parts thereof, which provide habitat for wildlife, in the manner prescribed by the legislation of Turkmenistan may be provided for use by businesses and individuals for hunting economy.
2. Water bodies, or parts thereof, which provide habitat for wild animals (aquatic hunting), can be pinned for legal entities for the hunting economy, based on the decision of the authorized body of State administration in the field of environmental protection Wednesday, in agreement with the notified body.
3. hunting grounds do not apply water objects: 1) on the territory of the State natural protected areas and their buffer zones;
2) in a zone protected mode kernel State biosphere reserves;
3) in the strict protection zone (protected area) and highly sensitive area of national natural parks;
4) inside the pond, ozjornyh and other fisheries.
4. conduct of meliorative works and fishing rules in the habitats of rare and valuable species of birds, fur-bearing animals shall be agreed with the authorized State Agency for the protection of aquatic biological resources, the authorized body and notified body of State administration in the field of environmental protection Wednesday.

Article 68. Pre-emption rights of hunting farms on use of water objects 1. Preferential right to use the waters of the rivers, canals, lakes and other water bodies that are the habitats of wild waterfowl and valuable fur-bearing animals, hunting can be provided to the farmers by the authorized body of State administration in the field of environmental protection Wednesday with taking into account the requirements of complex use and protection of waters.
2. the habitats of rare and valuable species of water birds and fur-bearing animals, in organized hunting farms, as well as in areas subject to protection and reproduction of fauna, on the decision of local authorities may be prohibited or limited to a stay of natural persons, and amateur hunting, building shoreline and other activities which adversely affect the management of hunting economy.
 
Article 69. Use of water objects located on specially protected natural territories of use of water objects located on specially protected natural territories, shall be as determined by the legislation of Turkmenistan on specially protected natural territories.
 
Article 70. Use of water objects for the needs of forestry and greenery works 1. Use of water objects for the needs of forestry and tree work is carried out in accordance with the special use of water.
2. in areas where there are no surface water objects, but there are sufficient reserves of groundwater, suitable for the purpose of drinking and domestic water supply, is allowed in exceptional cases the use of groundwater for the needs of forestry and tree works. In this case, the use of groundwater is carried out in accordance with the requirements of this code.

CHAPTER XIV. USE of WATER OBJECTS for the NEEDS of TRANSPORT and fire NEEDS Article 71. Use of water objects for the needs of waterway transport 1. Surface water bodies of Turkmenistan − rivers, lakes, reservoirs, canals are waterways for general use, except where their use for this purpose is completely or partially prohibited or made separate.
2. 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 72. Use of water bodies for air transport needs water for parking, take-off and landing of aircraft, as well as for other needs of air transport is carried out in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
 
Article 73. Use of water bodies for fire-fighting purposes 1. Water withdrawals for Suppression of fires is permitted from any water bodies without any permit and necessary for fire suppression.
2. Procedure for use of water bodies for fire-fighting purposes shall be determined in accordance with the legislation of Turkmenistan.
 
CHAPTER XV. USE of WATER OBJECTS for WASTE and DRAINAGE WATER, return the article 74. General requirements and conditions for use of water bodies for dumping waste and drainage water, return 1. Use of water bodies for dumping waste and return waters is carried out in accordance with the special use of water.
2. Use of surface water objects for wastewater is prohibited, except as provided by paragraph 3 of this article.
 

3. Use of water objects for wastewater discharge can be carried out in exceptional cases, subject to appropriate cleaning based on a permit issued by the authorized body of State administration in the field of environmental protection Wednesday to harmonize with the competent authority, by the authorized State body in the field of sanitary-epidemiological welfare of the population and the authorized body of the public fisheries management.
4. reset the water drainage can be performed in a specially designed water objects for these purposes.
5. Users are obliged to implement measures to prevent the dumping of sewage, drainage or return its termination into surface water bodies if they: 1) can be used in recycling systems, reuse-consistent water supply;
2) contain the waste, the extraction of which valuable component of economically justified;
3) contain industrial raw materials, reagents, intermediates and final products enterprises in amounts exceeding the established norms of technological wastes;
4) contain toxic substances and infectious diseases;
5) exceeds the maximum allowable standards by volume of polluting substances;
6) have had a negative impact on water bodies and in other cases.
6. Discharge of sewage and drainage waters on the terrain (beams, lowlands, quarries, riverbeds, mud logging) is prohibited.
7. In case of exceeding the established norms of maximum permissible pollutant discharges and drainage waste water into surface water bodies may be limited, temporarily banned (paused) or stopped in order established by the legislation of Turkmenistan.

Article 75. Conditions of drainage water dumping into the water objects by legal and natural persons operating the collector-drainage network to eliminate flooding, waterlogging or eliminate the effects of 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 76. Mine discharge conditions, career and mine water into water bodies 1. 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 use effective technologies that reduce the maximum permissible level of mineralization of these waters and the content of pollutants before discharge into water bodies.
2. Discharge conditions of mine, quarry and mine water into water bodies shall be established in accordance with article 74 of this code.
 
Article 77. Drives for industrial wastewater and process water 1. Legal persons having industrial waste storages or mine, quarry and mine waters, are obliged to take the necessary measures to clean up these waters, use of effective technologies for their removal and disposal and to carry out reclamation, employed by these drives.
2. use technological reservoirs (ponds-coolers heating stations, fish ponds, sediment ponds and other water bodies) must be carried out in accordance with the norms and rules of operation defined in technical projects, approved in accordance with the legislation of Turkmenistan.
 
Article 78. Use of underground water facilities for sewage effluent discharge into underground water bodies (aquifers), does not contain fresh water, 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, special studies, on the basis of a permit issued by the authorized body of State administration in the field of geology, in agreement with the authorized body of State administration in the field of environmental protection Wednesday.
 
Article 79. The dumping of sewage into the bowels of the earth burial in the bowels of the Earth of wastewater beyond cleaning up existing means, is allowed in exceptional cases after the special geological study of the site and subject to the availability of project documentation for subsoil use, as well as compliance with the requirements of the legislation of Turkmenistan on subsoil.
 
CHAPTER XVI. OPERATION of RESERVOIRS in Article 80. The mode of filling reservoirs and water from reservoirs Legal persons operating reservoirs located on them vodopodpornye and culverts filling mode must observe the reservoirs and water from reservoirs, established taking into account the interests of all water users in zones of influence of reservoirs.

Article 81. The order of operation of reservoirs 1. The order of operation of reservoirs is determined by the rules approved by the authorized body for each reservoir separately by agreement with an authorized State body in the field of sanitary-epidemiological welfare of the population, by the authority for the protection of aquatic biological resources and other interested bodies.

2. Coordination of activities to ensure proper technical condition and work reservoirs, as well as the monitoring of compliance with the rules of operation of reservoirs are carried out by the notified body in accordance with the legislation of Turkmenistan.
3. operation of reservoirs, publicly owned, is carried out at the expense of the State budget of Turkmenistan.
 
CHAPTER XVII. USE of the RIVERS Article 82. Classification of rivers of Turkmenistan 1. Depending on the area of the drainage basin of the river and (or) flow of the river can be divided into large, medium and small.
2. Depending on the geographical location of the river divided into domestic and cross-border.
3. classification of rivers is to be determined by the Cabinet of Ministers of Turkmenistan.

Article 83. Specifics of use of rivers 1. In order to protect the water of the rivers it is prohibited: 1) alter the topography of the basin;
2) destroy the riverbed drying up rivers, creeks and drains;
3) when the riverbed of the small rivers and deepen their bottoms below natural level or block them without arranging culverts, aqueducts and other structures;
4) reduce natural vegetation and forest cover River basin;
5) floodplain land to cultivate and apply on them a means of chemistry;
6) drainage reclamation work on the marshlands and tracts in the upper reaches of rivers;
7) to grant land in floodplains under any construction (except for hydraulic, gauging and linear structures), as well as for horticulture and gardening;
8) to carry out other work that may interfere with or affect the water quality of the rivers and water in it.
2. Water users as well as users, the lands of which 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 84. The complex of actions on preservation of water rivers and protecting them from pollution 1. To set water conservation of rivers and the protection of them from pollution are: 1) the establishment of coastal water protection strips;
2) the creation of specialized services for the care of rivers, coastal river protected band, hydraulic structures and keeping them in good condition;
3) introduction of pochvozashhitnoj cropping systems with contour-reclamation organization catchment territory;
4) implementation of agricultural, forestry and water soil conservation activities, as well as the establishment of organized runoff drainage structures (gutters, aqueducts and other structures) in the construction and operation of roads, railways and other utilities;
5) introduction of water saving technologies, as well as the implementation of water protection measures provided by the present Code, enterprises, institutions and organizations located in the basin of the rivers;
6) the protection of hydrological natural monuments;
7) compliance with the rules and requirements of the use of water protection zones in accordance with the provisions of this code and other normative legal acts of Turkmenistan.
2. in order to assess the ecological status of the river basin and to develop measures on rational use and protection of waters of the river passport shall be drawn up in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan.
 
Article 85. Regulation of river flows, creation of artificial water bodies 1. In order to preserve the hydrological, hydrobiological and sanitary condition in part of the lower reaches of the rivers, as a rule, it is prohibited to construct in their basin reservoirs and ponds with a total capacity exceeding the amount of the annual flow of the River in the settlement during the year.
2. creation of rivers and their basins of artificial reservoirs and levees installations, operation of partitioning off and other hydraulic structures, influencing the natural runoff of surface water and groundwater are permitted only on the basis of a permit issued by the notified body in consultation with the authorized body of State administration in the field of environmental protection, Wednesday authorized State body for the protection of aquatic biological resources and the authorized body of State administration in the field of geology.

Article 86. Use of temporary surface drains 1. Temporary surface runoff from rainfall, snowmelt or when entering underground water on the Earth's surface or watercourse, which occurs within a certain period of time.
2. the temporary surface runoff can be used for drinking population, livestock watering and irrigation.
When using temporary surface runoff by legal and natural persons are obliged to take necessary measures to protect waters against pollution and littering.
Disputes arising from the operation and use of the waters of temporary surface runoff shall be resolved by the local self-government bodies.
3. Design and construction of objects (Kaki, sardoba, hovuzy and other reservoirs) to collect and store the temporary surface drains is carried out in accordance with the legislation of Turkmenistan.
 
Article 87. Regulation of runoff waters 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 agreed with the competent authority, notified body of State administration in the field of environmental protection, Wednesday authorized State body in the field of sanitary-epidemiological welfare of the population and other interested bodies.

Article 88. Use of transboundary water bodies 1. When using the transboundary water objects of legal and natural persons are obliged to: 1) take all necessary measures to prevent, control and reduce pollution of waters causing or capable of causing transboundary effects;
2) use cross-border water bodies a reasonable and fair manner, with particular regard to their cross-border nature;
3) fulfill other obligations related to the use and protection of transboundary water bodies, in accordance with international treaties to which Turkmenistan is a party.
2. Use of transboundary water bodies and their protection are carried out in accordance with the present code and other normative legal acts of Turkmenistan and international treaties to which Turkmenistan is a party.
 
Section V. PROTECTION Of WATER OBJECTS And Preventing NEGATIVE EFFECTS Of WATER CHAPTER XVIII. PROTECTION of WATER OBJECTS of Article 89. General requirements for protection of water objects 1. Water bodies are protected from pollution, littering, wasting and other harmful influences, which may worsen the conditions of supply, cause harm to the health of the population, reduce the water bio-resources and other resources of flora and fauna, soil fertility decline and other adverse phenomena due to a change in the physical, chemical, and biological indicators of water quality, reducing their ability to cleanse, violations of hydrological and hydrogeological regime of water objects.
2. Natural and legal persons whose activities affect the State of water objects, are obliged to respect environmental requirements established by the legislation of Turkmenistan on Wednesday, environmental protection and carry out organizational, technological, agrotechnical, lesomeliorativnye, hydrotechnical, sanitary-epidemiological and other activities that protect water bodies from pollution, contamination and depletion.
 
Article 90. Protection of water objects from pollution and clogged 1. Protection of water objects is carried out from all kinds of pollution and littering, deteriorating quality and hydrological condition of the water body, as well as impeding the use of water objects.
2. in order to protect water bodies from pollution and clogging the legal and physical persons are prohibited from: 1) dump into the water objects of industrial, household and other wastes;
2) dump petroleum products, chemicals, radioactive waste or other waste of economic and other human activities;
3) pollute and clog the surface watersheds, water ice production, household and other waste, garbage and emissions, as well as petroleum and chemical products, wash which will bring about a deterioration in the quality of surface water and groundwater;
4) pollute water, fertilizers and pesticides.
3. If during the drilling and other mining related to search, exploration and exploitation of oil, gas and other minerals discovered underground aquifers, legal persons conducting these works to ensure their reliable isolation to prevent groundwater pollution.
All types of wells are subject to equipment regulatory devices, and wells, not suitable for the operation or use of which 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 authorized body of State administration in the field of geology, issued after conducting special surveys in the area of drilling these wells and in agreement with the competent authority of the State administration in the field of environmental protection Wednesday.
4. In the area of groundwater deposits formation not allowed device drives solid and liquid waste, landfills, placement of industrial, agricultural and other objects, which can be a source of contamination of groundwater deposits.
5. Legal and natural persons operating the diversion structures of underground waters, are obliged to organize and to respect the sanitary protection zones of groundwater.

Article 91. Protection of water objects from depletion 1. In order to prevent the depletion of water objects of legal and natural persons benefiting from water bodies, are obliged to undertake measures to prevent exhaustion of water objects.

2. groundwater diversion structures administered by legal and natural persons, shall be equipped with water measuring devices for the systematic observation of groundwater level and water flow measuring structures in the process of their operation.
3. Water protection measures to prevent exhaustion of water bodies, carried out by legal entities and physical persons, previously agreed upon with the competent authority, notified body of State administration in the field of environmental protection, Wednesday authorized body of State administration in the field of geology and the authorized body of the public fisheries management bodies and local authorities.
 
 
CHAPTER XIX. WATER and coastal WATER PROTECTION STRIPS of WATER OBJECTS of Article 92. Water and coastal water protection strips water bodies 1. For maintenance of water bodies in the State, the appropriate sanitary-hygienic and ecological requirements, to prevent pollution, contamination and depletion, as well as the preservation of the Habitat of aquatic biological resources Wednesday, other objects of flora and fauna are installed water and coastal water protection strips with special treatment of economic and other activities.
2. Coastal River protected strips are within the protective zone, which establishes a more rigorous regime of economic and other activities in relation to the economic and other activity specified in the water protection zone.
3. the legal regime of water protective zones and coastal water protection strips of water objects opredeljaetsja the provisions on water protection zones and coastal water protection strips, approved by the Cabinet of Ministers of Turkmenistan on presentation of the authorized body.
4. Plots within the water protection zones are not removed from management and can be loaned to legal and physical persons in the manner prescribed by the land legislation of Turkmenistan, subject to compliance with the regime of economic and other activities in these areas.
5. establishment of water protection zones does not exclude the possibility of water fund land allotment, sanitary protection zones of water objects, used for domestic water supply, sanitary zones for fishery basins as well as the districts of sanitary protection resorts, borders and the mode for the use of which shall be established in accordance with the legislation of Turkmenistan.
6. Water protective zones and coastal water protection strips are not installed on water objects located on specially protected natural territories.
7. Local executive bodies are obliged to bring to the attention of all interested legal and physical persons with information on the limits of water protective zones and coastal water protection strips, mode of economic and other activities in force in the territories.
8. the boundaries of water protective zones and coastal water protection strips are set in nature (on the ground) in accordance with the land legislation of Turkmenistan.
The mode of economic and other activity and composition of the soil and water conservation activities within the protective zones and coastal protective bands are determined by the projects of water protective zones and coastal water protection strips.
Projects of water protective zones and coastal water protection strips especially large and important water bodies shall be approved by the Cabinet of Ministers of Turkmenistan on the submission of public authorities in the sphere of use and protection of waters.

Article 93. Strips of land allocation 1. For the purposes of exploitation and protection from pollution, damage and destruction of reservoirs, trunk and other channels, on-farm and inter-farm irrigation and collector-drainage network and located them and gauging of hydraulic structures, as well as reservoirs and dams on rivers land allotment bands are installed with a special regime of their use.
2. Dimensions of land rights-of-way shall be determined in accordance with the land drainage projects.  
 
Article 94. Zone of sanitary protection of water bodies 1. For protection of water objects for drinking water supply, treatment, Spa, health and other needs of the population establishes a strict regime of sanitary protection zone of economic and other activity adjacent to water bodies.
2. Legal regime of zones of sanitary protection of water bodies shall be determined in accordance with the legislation of Turkmenistan.
 
CHAPTER XX. Warning, prevention and MITIGATION of the NEGATIVE IMPACT of waters and ACCIDENTS on the WATER BODIES, article 95. Planning and implementation of activities on prevention, prevention and elimination of the consequences of the adverse effects of waters, prevention activities prevention and elimination of the consequences of the adverse effects of water included in State programmes of economic and social development of Turkmenistan.

In order to prevent the consequences of the adverse impact of flood waters and mud in water protection zones and coastal water protection strips rivers and other watercourses, periodically flooded floodwater in 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 country houses, bases of rest.
Periodically tidal floodplains, seleopasnye ravines must be busy lesokustarnikovymi plantings.
 
Article 96. The Commission for the prevention and elimination of consequences of natural disasters caused by the adverse effects of waters and accidents on water bodies with a view to the adoption of urgent measures for the prevention and elimination of consequences of natural disasters caused by the adverse effects of water, as well as accidents at water objects by the Cabinet of Ministers of Turkmenistan and local bodies of executive power may be created special commissions, which within the limits of their authority to take decisions binding on all legal and natural persons.
 
Article 97. Environmental emergency zone and ecological disaster 1. Water objects, where as a result of economic or other activities, natural disaster, accident or incident occur sustained negative changes in the status of waters that threaten the security and health of the population, as natural ecological systems and natural objects are declared environmental emergency zones in the order established by the legislation of Turkmenistan.
2. Water objects, where as a result of economic or other activities, disaster, catastrophe or an accident occurred deep water, irreversible changes leading to a deterioration in the health of the population, natural balance, the destruction of natural ecological systems, land degradation, destruction of objects of flora and fauna, are declared disaster zones in the order established by the legislation of Turkmenistan.
 
CHAPTER XXI. Requirements for the location, design, construction, reconstruction and commissioning of ENTERPRISES, buildings and other objects affecting WATERS Article 98. Conditions of placement, design, construction, reconstruction and commissioning of facilities affecting waters 1. When hosting, designing, construction of new and reconstruction of existing enterprises, structures, and other objects, as well as in the operation of hydraulic structures affecting water, activities should be implemented to ensure rational use of water, protection of water from pollution, contamination and depletion, prevention of adverse effects of waters, as well as protection of aquatic biological resources and other objects of flora and fauna.
2. location, design, construction, reconstruction and commissioning of enterprises, buildings and other objects affecting waters shall be agreed upon with the local bodies of the Executive power, authorized by a body authorized by the State administration body in the field of environmental protection, Wednesday authorized body of State administration in the field of geology, an authorized State body in the field of sanitary-epidemiological welfare of the population and other government bodies in accordance with the legislation of Turkmenistan.
When doing construction work measures on land reclamation, reproduction and rational use of water resources, the environment and the territory accomplishment Wednesday.
3. Project documentation for construction and renovation of facilities affecting waters subject to State ecological expertise in accordance with the legislation of Turkmenistan.
 
Article 99. Conditions prohibit the commissioning of enterprises and other objects affecting waters 1. Commissioning is prohibited: 1) new and reconstructed enterprises and other objects that are not secured devices of accounting and allocation of water intake structures and devices, to prevent adverse effects on water objects;
2) operational water wells without equipment to their vodoregulirujushhimi and gauging devices and the establishment of zones of sanitary protection;
3) intake structures without fish devices;
4) reservoirs to carry out project documentation activities for fisheries development;
5) irrigation, land reclamation, drainage and obvodnitel'nyh systems, reservoirs and canals to carry out project documentation activities, preventing flooding, flooding, waterlogging, salinization, soil erosion, pollution and depletion of water objects;
6) vessels without devices for collecting sewage from vessels.

2. it is prohibited to design settlements, industrial complexes and other household objects to obtain the opinion of an authorized body of State administration in the field of geology on absence of fresh groundwater deposits under the platforms, where a plan for carrying out construction works.
 
Article 100. Requirements for the production of works on water bodies 1. Construction, dredging, blasting, drilling, agricultural and other work, mining and water plants, pipelines, cables and other communications, cleaning of water objects, delete objects of flora at water objects, except for the works carried out on the basis of the design of water, a water maintenance activities, produced in consultation with the territorial or basin water management organizations in the State authorized body, notified body of State administration in the field of environmental protection Wednesday , by the authority for the protection of aquatic biological resources, by the authorized body of State administration in the field of geology, as well as by local authorities and other government bodies in accordance with the legislation of Turkmenistan.
2. Performance of works referred to in paragraph 1 of this article, in the Caspian Sea is carried out in agreement with the competent authority, notified body of State administration in the field of environmental protection Wednesday and authorized State body for the protection of aquatic biological resources.
 
Section VI. NORMALIZATION And Standardization In The Area Of Water Resources Use And Protection CHAPTER XXII. NORMALIZATION and standardization in the area of water resources use and protection Article 101. Unified system of regulation in the area of water resources use and protection 1. Unified system of regulation in the area of water resources use and protection is established in order to define the requirements for quantity and quality of water, standards of accuracy of measurement of their performance and adjusts the exposure limits of industrial and other activities on the water.
2. For the purpose of rational use and protection of water establishes the following rules: 1) standards of environmental safety management;
2) environmental standards of water quality of water objects;
3) standards of maximum permissible discharge of pollutants into water bodies;
4) industry technology education standards of pollutants discharged into water bodies;
5) technological standards of the water use.
The legislation of Turkmenistan can be installed and other norms in the area of water resources use and protection.
3. Standardization in the area of water resources use and protection is carried out by the authorized body authorized by the State administration body in the field of environmental protection Wednesday and other government bodies within the limits of their competence.
 
Article 102. Limits of water use 1. Water use is carried out on the basis of limits being laid each year.
2. water use Limits on velajatam and jetrapam shall be approved by the Cabinet of Ministers of Turkmenistan on presentation of the authorized body, depending on the expected water content of water bodies.
3. water use Limits on specific users are installed by an authorized body and are binding on users regardless of their departmental subordination and forms of ownership.
When establishing these limits should be the conditions uravnennoj water supply all water users in accordance with the approved plans.
4. In case of change of forecast data on water availability, as well as ecological and sanitary-epidemiological condition of waters, weather conditions, water use limits can be reviewed.
5. provide water users with water while increasing the acreage of crops, restructure, commissioning of new production capacity and other activities is carried out strictly within the limits established by the Cabinet of Ministers of Turkmenistan.
 
Article 103. Water environmental safety standards 1. To assess the possibility of using water from water bodies for the needs of the population and industries are established standards to ensure safe conditions of use.
2. Regulations of ecological safety of water use are indicators of maximum permissible concentration of harmful substances, including radioactive, water bodies, water which is used to satisfy the drinking, domestic and other needs of the population and industries.
In case of need to use water for therapeutic, Spa, recreational and other purposes may be established other norms of ecological safety of water.
3. Environmental Safety Standards of water use are developed and approved: 1) by the authorized State body in the field of sanitary-epidemiological welfare of population-for water, water which is used to meet drinking and household needs;

2) authorized body of State administration in the field of environmental protection Wednesday and other relevant State authorities-for water, water which is used for the needs of the industries.
 
Article 104. Environmental water quality standards water bodies 1. For the assessment of environmental water quality of water bodies, the possibility of its use in economic and other activities, in order to exercise control in the area of water resources use and protection are established environmental standards for water quality include physical, biological, chemical and radiological characteristics of water quality indicators and maximum allowable concentrations of harmful substances in the water objects for different purposes. The degree of contamination of water bodies is determined by the corresponding categories of water quality.
2. water quality standards and water objects are developed and approved by the authorized body of State administration in the field of environmental protection Wednesday and authorized State body in the field of sanitary-epidemiological welfare of the population.
 
Article 105. Standards of maximum permissible discharge of pollutants into water bodies 1. Standards of maximum permissible discharge of pollutants into water bodies are established with the purpose of keeping them in a State corresponding to the ecological and sanitary-epidemiological requirements.
2. Standards of maximum permissible discharge of pollutants into water bodies and a list of regulated pollutants into water bodies are established by the Cabinet of Ministers of Turkmenistan.
 
Article 106. Industry technology education standards of pollutants discharged into water bodies 1. To assess the environmental safety of production shall be established by regulations of the education technology industry of pollutants discharged into water bodies, that is, norms of maximum permissible concentration of harmful substances in the wastewater, which are formed in the process of producing one type of product when using the same raw materials.
2. sectoral technological education standards of pollutants discharged into water bodies, drafted and approved by the relevant ministries and departments, in consultation with the authorized body of State administration in the field of environmental protection Wednesday.
 
Article 107. Technology regulations of water use 1. To rational use and protection of water installed technological standards of water use, including: 1) current technological standards of water use-for existing technologies;
2) advanced technology standards for water use − taking into account achievements at the level of the best world technologies.
2. technological water use standards developed and approved by the relevant ministries and departments, in consultation with the authorized body of State administration in the field of environmental protection Wednesday.
 
Article 108. Prohibition of the dumping of pollutants into water bodies that do not have regulations in the area of water resources use and protection 1. The dumping of pollutants into water bodies that do not have environmental safety standards and norms of maximum permissible discharge of pollutants into water bodies, is prohibited.
2. Customers in the development of regulations and norms of water environmental safety of maximum permissible discharge of pollutants into water bodies are water users carrying out discharge of pollutants.
 
Article 109. Standardization and certification in the field of water resources use and protection in the field of standardization and certification of water use and protection are carried out in accordance with the legislation of Turkmenistan.
 
 
 
Section VII. ECONOMIC MECHANISM To ENSURE The RATIONAL Use And Protection Of Water CHAPTER XXIII. ECONOMIC METHODS of WATER MANAGEMENT Article 110. Types of economic regulation in the area of water resources use and protection 1. The main types of economic regulation in the area of water resources use and protection are: 1) the provision of fee-based services for water supply to water users and water removal, including the execution of repair and other water works;
2) development and financing programmes for the rational use and protection of waters;
3) the provision of legal and natural persons in accordance with the legislation of Turkmenistan, credit and other benefits when implementing their water-saving technologies and the implementation of other effective measures for the protection and management of water resources;
4) establishment of special funds and use them for rehabilitation and protection of water objects;
5) damages caused to water bodies and hydraulic facilities as a result of the violation of water legislation of Turkmenistan;
6) application of penalties for administrative offences in the area of water resources use and protection.

2. Economic mechanism to ensure the rational use and protection of waters can include and other directions of economic regulation, as defined by the legislation of Turkmenistan.
 
Article 111. Fee for use of water resources 1. Total water use in Turkmenistan is carried out on a non-reimbursable basis.
2. Special water use in Turkmenistan is carried out on a fee-for-service basis, except for certain types of special water use imposed by the Cabinet of Ministers of Turkmenistan.
3. Tariffs for water supply to water users are installed by an authorized body in agreement with the authorized body of State administration in the field of Economics and development.
Tariffs for water supply to water users are established on the basis of normative volume of water, in fact the prevailing costs of water supply to water users and other criteria. Excess volume of the delivered water for all kinds of special water use higher rate.
4. procedure of charging for water supply services to users shall be established in accordance with the legislation of Turkmenistan.
5. In order to make rational use of water resources can be installed differentiated tariffs for water supply services for different categories of water users, taking into account the following criteria: 1) expenditures for water supply;
2) water quality;
3) timeliness of water;
4) using the hydroirregation system;
5) territory, which supplied water.
When setting these tariffs may be taken into account, among other criteria.
 
Section VIII. DISPUTE RESOLUTION In The Field Of Water Use And Protection.
LIABILITY For VIOLATION Of The WATER LEGISLATION Of TURKMENISTAN. International Cooperation In The Field Of Water Resources Use And Protection CHAPTER XXIV. DISPUTE RESOLUTION in the field of water resources use and protection Article 112. Water disputes Water disputes are disputes arising between the actors of water relations on use and protection of water objects, waterworks and water relations on other issues.
 
Article 113. Authorities, allowing water disputes 1. Disputes arising between the actors of water relations are resolved by negotiations between the parties, the consideration of their bodies, associations of water users, as well as local bodies of executive power, authorized by the authority and other public authorities in the sphere of use and protection of waters.
2. In the case of water dispute authorities interdicting the specified in part 1 of this article, the dispute shall be settled judicially in accordance with the legislation of Turkmenistan.
3. Disputes arising from the use and protection of waters between public bodies, shall be resolved by the Cabinet of Ministers of Turkmenistan.
4. Disputes arising from the use and protection of transboundary waters between Turkmenistan and other States shall be resolved in accordance with international treaties to which Turkmenistan is a party.
 
Article 114. Procedure for consideration of water disputes 1. Water disputes are discussed with the participation of the parties involved in the water dispute. In case of failure of one of the parties to negotiate a water dispute without good reason, the dispute may be resolved in her absence.
In the decisions of the bodies established by the associations of water users, must be shown the order and terms of execution of the decision, as well as a timetable for the adoption of measures to restore the infringed right water user.
2. decisions on water disputes could be appealed by the parties to the water dispute. Complaints against these decisions of the bodies established by the associations of water users, as well as the local authorities served in senior State bodies. Water disputes shall be settled judicially in accordance with the legislation of Turkmenistan.
 
Article 115. Resolution of property disputes related to water relations property disputes related to water relationships are resolved in the order established by the legislation of Turkmenistan.
 
Article 116. Return illegally trapped water objects Illegally captured water bodies and waterworks are returned by their affiliation with damages caused in breach of water legislation of Turkmenistan for unlawful use. Return illegally trapped water objects produced in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER XXV. LIABILITY for VIOLATION of the WATER LEGISLATION of TURKMENISTAN Article 117. Liability for violation of the water legislation of Turkmenistan 1. Violation of water legislation of Turkmenistan entail liability in accordance with the legislation of Turkmenistan.
2. bringing the perpetrators to justice for violations of water legislation of Turkmenistan does not absolve them from the obligation to eliminate the breach and make reparation for the damage they caused.
 
 
Article 118. Compensation for damage caused to water bodies and hydraulic facilities as a result of the violation of water legislation of Turkmenistan 1. Person causing damage to water bodies and hydraulic installations, reimburse it voluntarily or judicially.

2. the methodology of calculation of the amount of damage caused by water objects and hydraulic facilities as a result of the violation of water legislation of Turkmenistan, shall be approved by the authorized body in agreement with the authorized body of State administration in the field of Economics and development.
3. Legal and natural persons, causing water damage sites and hydraulic structures, are required to reimburse it in accordance with the legislation of Turkmenistan.
 
CHAPTER XXVI. International cooperation in the field of water resources use and protection Article 119. International cooperation in the field of water resources use and protection of Turkmenistan carries out international cooperation in the field of water resources use and protection in accordance with the universally recognized principles and norms of international law and the provisions of international treaties to which Turkmenistan is a party.
 
Article 120. The main directions of international cooperation in the sphere of use and protection of transboundary waters 1. International cooperation in the sphere of use and protection of transboundary waters is ensured by enclosing the Turkmenistan international bilateral or multilateral instruments, participation in the activities of international organizations and foundations.
2. international cooperation of Turkmenistan with neighbouring States in the protection and use of transboundary waters includes: 1) joint collective activity in order to optimize the use and protection of transboundary water resources and associated ecosystems;
2) implementation of measures to prevent, control and reduce pollution of waters causing or capable of causing transboundary effects, and to minimize the risk of significant transboundary harm;
3) to ensure that transboundary waters are a reasonable and equitable way, taking into account their transboundary character;
4) development and harmonization of programmes for monitoring the conditions of transboundary waters, water bodies and participate in their implementation;  
5) exchange of information on the water situation in transboundary river basins, prompt notification and mutual assistance under extreme water situations;
6) formulation, coordination and implementation of joint exploitation of transboundary water resources and hydraulic engineering;
7) establishment, as required, an inter-State body on transboundary water management for the joint implementation of interstate and intergovernmental agreements in the sphere of use and protection of transboundary water resources, Turkmenistan has ratified;
8) conduct joint scientific research to address water problems.