Legal requirements of water use in Ukraine
The order and right for use of water objects are conducted due to current water legislation. Water Code of Ukraine defines general and special water use. General water use is conducted by population for personal use (for drinking, bathing, fishing etc.) without obtaining special permits. Special water use can be conducted not only by persons but also by legal entities by way of water abstraction from water objects through technical equipment or device and specially fitted construction, and also discharge in water objects wastewater. Special water use required corresponded permission.
According to chapter 3 of Water Code of Ukraine, there are tee types of special water use depending on proper use:
- For satisfying needs of potable water, daily and housekeeping needs of people;
- For health improvement and treatment needs of population;
- For needs of objects of economic sectors (transport, agricultural, industrial hydroelectric engineering and fish industry).
The main principle of proper water use is rationality and cost effectiveness of use basing on ecological standards and requirements. The most important requirement of special water use for potable water needs, daily and housekeeping needs is quality of water. It must comply norms of ecological safety, current state quality standards and sanitary norms. Such way of use of water objects can be conducted centrally and non-centrally. Centrally water use means water abstraction by authorized organizations for preparation of potable water and water supply. Non-centrally water use is an abstraction of surface and underground water not only by persons, but also by enterprises for general or special water use. In this case, it is necessary to pay attention on quality of water, because as usual, these types of water are used for drinking, daily needs, livestock farming and nutrition sector.
Special water use of water objects for health improvement and treatment needs is possible, if these objects are included to special list. There is prohibition to discharge wastewater in these objects. In addition, it is interesting to note that objects of health improvement and treatment are legally protected.
Also general or special water use include use of objects for sporting and rest. But water objects for these purposes are defined in special order.
According to the article 65 of Water Code of Ukraine use of water objects for agricultural and forestry needs are conducted through general and special water use. Water use for irrigation of agricultural areas is possible after obtaining permission at state bodies of environmental protection with agreement of bodies of veterinary and sanitary surveillance. In such way, water use will be conducted as special water use with corresponded permissions and agreements. Entrepreneurs are obligated to look for that areas are not be flooded, polluted and swamped. The same requirements are for forestry industry.
Special water use for needs of hydroelectric engineering and industry is one of type of proper water use. For these water users are made ecological requirements and paid attention on implementation of measures for reducing water consumption, improvement of technologies and water supply plan. Ukrainian legislation prescribes, during water use by industrial enterprises, costs of potable water in frameworks of established limits. Limit for water use by enterprises of hydroelectric engineering is not prescribed.
In case of emergencies or natural disasters, there is reduction or prohibition of water use for industrial enterprises due to the decisions of local government authorities. The primary step in this case is providing of water for drinking and daily needs.
Special requirements are made for enterprises of hunting and fishing. For saving fish resources the interests of water users become secondary, if there is fishing at water objects. The Cabinet of Ministers of Ukraine approved the lists of water objects aimed for fishing. But, water users are obligated to implement measures for improvement water conditions and for saving fish.
In addition, Water Code of Ukraine defines a few types of water use by certain features: lined (until 3 years short-term, 3-25 years long-term) and non-lined; primary (conducted by water users through their equipment and devices) and secondary (through primary water users); paid (special water use) and free of charge (general water use due to the article 53 of Water Code of Ukraine for air transport).
The competency of specialists of MCL, LLC includes support in obtaining permissions for special water use, developing measures for stimulation water resources and consulting for maintaining ecological conditions of water objects.
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