What is Act No. 11 / 1955 Coll.?

Act No. 11 / 1955 Coll., on Water Management — Water Management Act.

When it became Act No. 11 / 1955 Coll. effectiveness?

Act No. 11 / 1955 Coll. became effective 01.01.1955.

Is Act No. 11 / 1955 Coll. still valid?

Yes, Act No. 11 / 1955 Coll. is still valid and effective.

Act No. 11 / 1955 Coll. - Water Management Act

11.

Law

of 23 March 1955

water management.

The National Assembly of the Czechoslovak Republic decided on the following Act:

§ 1.

Initial provision.

All surface and groundwater are used to ensure economic and other social needs.

Část prvá.

Water management and planning.

§ 2.

Water management.

The surface water and groundwater should be managed by the most technically and economically appropriate means and methods to maintain a balance between water supply capacity and water demand and to maintain a satisfactory degree of water purity.

§ 3.

Planning.

The national water management plan approved by the Government is a guide plan for all water management measures of all sectors of the national economy, as well as for the basic water management measures of territorial planning; is one of the basic elements for drawing up forward-looking plans for all sectors of the economy if they have water resource requirements or if they otherwise influence water management.

§ 4.

Water distribution.

(1) Water distribution is carried out according to a plan drawn up by the Ministry of Energy and Water Management in cooperation with the central authorities and authorities involved. it is approved by the Government as part of the national economic development plan.

(2) Where the implementation of a national development plan for the national economy so requires, or where there is a shortage of water, the water authority may, after the procedure has been carried out, restrict or even suspend the specific use of water for a period of time necessary.

Část druhá.

Use of water, riverbed flows, coastal land, waste water discharge and protection against water.

§ 5.

Principle of economy in water use.

(1) Vod may only be used in such a way, in such a way and for such purposes as not to jeopardise their most efficient and economical use with regard to the care of the people, the needs of agricultural production and other sectors of the national economy.

(2) When establishing and amending production processes, measures must be taken to make the most economical use of water, in particular its reuse, to ensure that water is properly cleaned and that valuable substances contained in waste water are used.

(3) In the design, construction and operation of new waste water treatment plants, it is also necessary to ensure the economical use of the valuable substances contained in these waters.

§ 6.

General water use and simple equipment.

(1) In a normal way, which does not require special equipment such as bathing, washing, washing, watering and swimming of animals, water and ice sports may be used by any surface water without the authorisation or approval of the water operator. The authorisation or approval of the water authority is not necessary to establish simple installations on individual properties to capture water and protect individual properties against harmful effects of water. The general use of water and simple facilities to capture water and to protect real estate must not damage shores, water facilities, fish farming facilities, change drains, degrade water quality, or harm general interests and other rights.

(2) In the event of a general danger, the water operator may modify or prohibit the general use of surface water and the implementation of simple equipment; in other cases, it may do so only in cooperation with the authorities concerned.

§ 7.

Use of water to sail and its operation.

(1) The sailing of ships (transport), rafts and unbundled timber shall be carried out in such a way as to avoid endangering or damaging the riverbed of flows, shore treatment, water works, equipment and their operation or damage to the implementation of water-based structures.

(2) When operating a voyage, substances which could adversely alter the quality of the water may not be released into the water. The provisions of Section 9 shall apply mutatis mutandis to the disposal of discharges, in particular of oils and ash, as well as to discharges of waste water from objects used for navigation purposes.

(3) The application for authorisation or approval to build hydrotechnical parts of ports and transports, as well as the structures and facilities serving the voyage of ships (transports), forges and the floating of timber in unbundled condition, established in flows, in rigs, on banks or in flood areas, shall be discussed by the water operator before a decision is taken by the competent authorities of the Ministry of Transport. The authorisation of national defence or interior ministries shall be attached to the application, where specific rules so provide.

(4) Otherwise, specific provisions govern the use of waters for navigation.

(5) As regards the protection of the interests of navigation, the water authorities shall cooperate with the authorities of the State Navigation Administration in implementing this Act.

§ 8.

Special water use.

(1) The authorisation of the water authority should be:

(a) for the use of surface water, for the capture of water on individual property and for the protection of property against harmful effects of surface water by means other than those referred to in Sections 6 and 7, as well as for the use of groundwater;

(b) to discharge waste water into surface or groundwater;

(c) the establishment of water works and equipment necessary for the purposes referred to in (a) and (b).

(2) Discharges of waste water shall be authorised by the water authority only if a suitable sewage treatment plant is built or otherwise disposed of.

(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to changes in such establishments and measures.

§ 9.

Production in new plants or in new production and other plants where bad waste water is generated, as well as the operation of sewerage facilities, shall not start unless a suitable treatment or disposal facility is built and put into service. In justified exceptional cases, the Government may allow a time-limited derogation from this provision.

§ 10.

Construction, facilities and stands in riverbed and flood areas.

(1) The agreement of the water authority should be:

(a) construction and installations, in so far as they affect water management, authorised under other regulations, as well as the revocation or amendment of authorisations issued;

(b) the setting up of fences and landfills, the planting, planting, felling or felling of trees, shrubs and stacks in the flood area, in particular where they may have an adverse effect on the drainage of water, the departure of ice, or the quality of water, or may cause potholes and fouls;

(c) changes to the structures, installations and measures referred to in (a) and (b);

(d) extraction of material in the flood area;

(e) to cover the weaned shoulders, pools and potholes.

(2) The application for consent to and amendments to construction and installations should be supported by projects of those parts of buildings and installations which affect the water economy.

§ 11

Use of riverbed flows and coastal land

(1) Land on which waters flow, and land in abandoned rigs, may be used without compensation by an organisation which is responsible for water flow management or water flow management, for the establishment, operation and maintenance of water works and equipment, for the implementation of water structures or for the implementation of water works and other water-related purposes. Where there is doubt as to whether such land is concerned and to what extent it is to be used, the water operator shall decide.

(2) The provision of the preceding paragraph shall be without prejudice to the obligation to require authorisation to carry out such work pursuant to Article 8 or the consent referred to in Article 10.

(3) An organisation which is responsible for the management of water flow and, where appropriate, water flow management, may use coastal land, where necessary, for the establishment, operation and maintenance of water works and equipment, for the implementation of water-based structures or for the implementation of water-based works and other water-based purposes. If there is no agreement between the owner (manager) or, where applicable, the user of these parcels, and the water management organisation or the water management organisation governing the land use and refund agreement, they shall be decided by the water authority in cooperation with the authorities concerned. In determining the amount of the refund, the water operator shall take into account the benefit of the owner (manager) or user from the adjustment made. For state socialist sector organisations, the rules on mutual compensation apply.

(4) The owners of coastal land shall be obliged, after the procedure has been carried out, to suffer the maintenance, removal or replanting of trees and shrubs without a refund on such land. The water-management authority may require owners of coastal land to remove their cargo without any claim for replacement of trees and shrubs, provided that the protection of shores and the undisturbed outflow of large waters so require.

(5) The extraction of sand, gravel, mud, excluding medicinal mud, boulders, etc., from riverbed streams, including weaned arms, and the removal of seabed and newly created islands in flows is possible only if the aquatic interests are not at risk. The Ministry of Energy and Water Management shall set out and determine the general conditions of the agreement with the central authorities involved and the competent authorities; in individual cases it gives its consent to the extraction of an organisation belonging to water management, which also lays down its more detailed conditions. The provisions of this paragraph shall be without prejudice to specific provisions governing the search and quarrying of reserved minerals.

Část třetí.

Water protection.

§ 12

Water management and protection against pollution and temperature change

(1) Those who handle surface or groundwater in any way are obliged to take care of their natural state. These waters shall not be polluted or artificially altered in order not to suffer their quality, self-cleaning capacity and the possibility of being used for the purposes for which they are required. Water users are obliged to plan to remove the existing pollution of water by building the necessary cleaning plants, providing for the proper operation of such plants, the continuous implementation and compliance with measures in production technology to reduce impurities in waste water, the appropriate deployment of production facilities, as well as compliance with the conditions laid down by the competent water management authority for the protection of water purity.

(2) Water protection also includes the care of springs, trough streams, tanks, wells and other facilities for the reception of groundwater.

(3) Where actions infringing these obligations are taken, the water authority shall decide on the method of correction. To the extent and under conditions laid down by the Government, water authorities may also impose property sanctions on water polluters for the breach of these obligations.

§ 13

Protection against harmful effects of specific types of water

(1) Surface water and groundwater should be protected against the harmful effects of certain specific types of water, in particular radioactive waters, salt waters, mining and mixed ground oils, by measures already taken in the plant from which such water flows. The same applies to used and unused waste water from spa and local facilities.

(2) In agreement with the Ministry of Agriculture and Forestry and with the other central authorities involved, the Ministry of Energy and Water shall lay down general conditions for the protection of surface and groundwater.

§ 14.

Protection of water resources.

(1) In order to protect the salinity, quality and health of water resources, the water authority shall, where necessary after the procedure has been carried out, establish protection zones.

(2) The Water Authority shall also determine how such protection is to be carried out in the protection territory. In so doing, it may, after consulting the authorities whose interests would be affected, restrict the use of real estate in that territory, after ordering the necessary adjustments to be made.

(3) Where a protected area serves the general interest, the water organisation (§ 17) shall bear the costs associated with its establishment. If the protection territory is established solely or principally in the interests of an organisation, the costs shall be borne by that organisation.

§ 15

Measures to improve water management.

The owners and users of land in the river basin are obliged to manage them in such a way as to contribute to improving outflow conditions, maintaining soil water, improving groundwater conditions and protecting against erosion. The details, in particular as regards the definition of the parcels in question, the manner in which they are adapted and managed, shall be adapted by the Ministry of Agriculture and Forestry in an agreement with the Ministry of Energy and Water or by another competent central authority in an agreement with those ministries in accordance with the principles of the State Water Plan and in accordance with the State Plan for the Development of the National Economy in the Field of Agricultural and Forestry.

Část čtvrtá.

Organisation of water management.

§ 16

Water authorities

(1) The water authorities under this Act are:

(a) Ministry of Energy and Water and Water Management in Slovakia;

(b) the executive bodies of the national committees.

(2) The management of the water economy in Slovakia, headed by the President appointed by the Board of Authors, is subordinate to those responsible for agriculture and forestry.

§ 17.

Water management organisations

(1) The Ministry of Energy and Water shall ensure that tasks are carried out in the development of water management and in the construction, operation and maintenance of water works and equipment by water management organisations, either directly or managed by the executive bodies of the national committees.

(2) The Minister for Energy and Water and the Regional National Committees may, following the opinion of the Minister for Finance, set up, as a separate legal entity, to carry out tasks in the development of the water economy and in the construction, operation and maintenance of water works and equipment of the water management organisation. If the Water Organisation is established by the Regional National Committee, it shall also request the opinion of the Minister for Energy and Water before it is established.

(3) The legal situation, organisation and operation of water management organisations will further adapt the statutes issued by the Minister for Energy and Water and, in the case of water management organisations established by regional national committees, the boards of these national committees in agreement with the Minister for Energy and Water.

§ 18

Scope and tasks of the water authorities

(1) The water authorities are responsible for:

1. to perform the public administration under this Act on the water sector, including as regards water flows, water management melioration, as well as other water management works and equipment in the field of competence of other central authorities and bodies;

2. to maintain a balance between water resources capacity and water consumption, to distribute water for all economic and other social needs and to ensure continuous and efficient water management;

3. to take care of the most economical and efficient use of all water resources in terms of the needs of the national economy and to ensure their continuous registration;

4. assess the investment projects and project and budget documentation of investments in any sector of the national economy in so far as they affect the use of water, discharges of waste water or water protection, in terms of wider water interests;

5. to take care of the purity of surface and groundwater in terms of water management and to decide on the necessary or effective measures to prevent or reduce pollution of water;

6. ensure that all water flows, including unprepared flows, are taken care of and supervised by the water economy;

7. to ensure the navigability of watercourses and the construction of waterways;

8. Ensure implementation of technical and organisational measures for the harmless discharge of large waters and the departure of ice;

9. Ensure planning, planning and project preparation, construction, operation and maintenance of own water works and equipment, including public wells;

10. perform expert assessment and water engineering activities in the field of water management;

11. to provide hydrological service and hydrological survey;

12. to manage research and technological development on the water sector, in so far as such proceedings are not attributable to the Ministry of Agriculture and Forestry pursuant to § 19 (1) (b); take care of the education and training of watercourses and cooperate with the relevant planning bodies in supplementing and deploying such cadets;

13. Methodologically manage water management organisations (§ 17) subordinate to the boards of the national committees on all water management issues and guide these organisations on the field of the application of technical development and the introduction of new technology, as well as on wage policy and price issues.

(2) A detailed definition of the scope of the water authorities of each grade shall be made by the Government.

(3) The central authorities and their authorities are obliged to assist the water authorities in the performance of their tasks.

§ 19

Tasks of the Ministry of Agriculture and Forestry on the water sector

(1) The Ministry of Agriculture and Forestry is responsible for:

(a) planning, planning and project preparation, construction, operation and maintenance of the following water works and equipment:

1. the waterworks of agricultural parcels, with the exception of waterworks and installations which do not serve solely or principally agricultural and forestry production;

2. adjustments to watercourses, with the exception of border flows, where such adjustments are necessary in order to carry out water-based melioration and to directly increase the profitability of agricultural parcels;

3. Forestry meliorations and bystander fences;

4. ponds, where they serve or are intended primarily for agricultural purposes;

5. water pipelines and sewerage operations carried out in connection with the construction of common agricultural production facilities;

(b) the management of research and technological development in so far as they concern the activities referred to in (a).

(2) The Ministry of Agriculture and Forestry shall carry out the tasks referred to in paragraph 1 directly, where appropriate, by the authorities or organisations designated for that purpose.

(3) The Ministry of Agriculture and Forestry, Energy and Water may, by mutual agreement, define in more detail the scope referred to in paragraph 1.

§ 20

Agricultural water management organisations

(1) The Minister for Agriculture and Forestry may, in agreement with the Councils of the Regional National Committees and after consulting the Minister for Finance, establish agricultural water management organisations as separate legal entities.

(2) The legal situation, organisation and operation of agricultural water management organisations will be adapted by the Minister for Agriculture and Forestry.

§ 21.

Racing, business, sector and department water operators.

(1) An operator shall establish a water plant operator for each undertaking, establishment, establishment, institute, establishment, establishment, establishment, establishment, supply or supply of drinking, commercial or operational water, or discharge of waste water where the amount of water exceeds the level determined by the Central Management of Water in agreement with the participating central authorities; the operator shall establish a water operator from persons with the necessary knowledge and operational experience for this function. Depending on the urgency of the need to call on water management authorities or sanitary and anti-epidemic services, the operator shall be obliged to designate persons responsible for both water management and plants that collect or discharge water in smaller quantities.

(2) An undertaking which has several water management plants is obliged to establish a water management company.

(3) For the performance of the tasks of the industry in each department, sectoral and sectoral water operators shall be established.

(4) The tasks and activities of water management are determined by the Central Water Management and the Ministry of Health in agreement with the central authorities involved.

§ 22

Supervision

(1) The Ministry of Energy and Water Management shall, either directly or through water-management authorities, carry out top-level surveillance of water management, water use and pollution control; the authorities also oversee, for all water works and installations, whether the provisions of this law and the decisions of the water authorities which they have issued are complied with.

(2) This provision shall be without prejudice to the provisions on the supervision of forestry melodies, fire protection rules on also the protection against natural disasters, in particular floods, the rules on the supervision of the operation and maintenance of hydroelectric power plants, the rules on the supervision of navigation, the operation and use of public ports and transports and other provisions on the supervision of waterworks.

Část pátá.

Jurisdiction and management.

§ 23

(1) The powers of the executive bodies of the national committees in matters of water management are exercised by the executive bodies of those national committees whose districts have established a water management or other work for which authorisation or approval is given, or whose districts have implemented measures.

(2) The authorisation provided for in Article 8 shall be granted by the executive bodies of the national committees on the basis of an initial project submitted by the applicant before its approval; the authorisation shall be granted following the procedure, by a decision indicating in particular the purpose, place, manner, extent (s) and conditions of use of water, discharge of waste water or protection against water.

(3) At the same time, the decision of the Executive Authority of the National Committee authorising the establishment of a water works or plant is a decision on the admissibility of construction under the Construction Regulations Act.

(4) If the implementation of the construction or parts thereof requires authorisation in accordance with specific regulations (e.g. railway, telecommunications, etc.) in addition to the authorisation provided for in Article 8, the water-management permit procedure shall be carried out, unless the nature of the matter so excludes, at the same time as the permit procedure under the special regulations.

(5) The Executive Authority of the National Committee may amend or revoke the authorisation granted in a new procedure if other more important general interest so requires; where the authorisation has been amended or revoked in favour of another applicant, the management authority of the national committee shall at the same time lay down an obligation to make good the damage caused by the change or cancellation of the authorisation and the amount of such compensation.

(6) In the procedure for granting, amending or withdrawing authorisations, participants shall be required to submit all comments and objections within a time limit set by the Executive Authority of the National Committee at the latest at the final meeting.

(7) Save as otherwise decided by the water authority, the authorisation is linked to the establishment to which the water works or equipment serve.

§ 24

(1) In the investment activity of any sector of the national economy as regards the use of water, discharges of waste water or water protection, the investor is obliged to request, in the preparation of the investment task, from the water operator, an indication of whether the planned investment is possible in terms of water management or under what conditions. The application shall specify the amount of water needed, the amount of waste water and the degree of pollution. The water operator shall examine the investment in particular in terms of its location, use of the planned water-based work or plant in terms of wider water-based interests, ensuring the necessary amount of water, the need to clean waste water, water protection, the use of water to date by other consumers and if it complies with the national water-based plan. The Water Authority may impose certain conditions on the investor, in particular as regards the manner and extent of the construction of a water works or plant, its efficient and economical use for wider water-based interests and the like. The investor shall be obliged to add to the application for approval of the investment task the terms and conditions of the water operator, as appropriate.

(2) The comments of the water operator must also be made to the planned change in the production process of the plant or to the extent of its production and to the modification and modification of the water works and equipment, even if such changes and modifications do not manifest themselves in an investment but affect the water economy.

(3) The observations of the water operator authority, or the conditions laid down by it, do not replace the authorisation or consent required under this law for the implementation of the water works or installations.

Část šestá.

Common provisions.

§ 25.

Management of water works and equipment.

(1) To whom a water authorisation is due, he is obliged to ensure that the water works and equipment are properly managed, maintained and operated under the conditions of the authorisation, if not otherwise ensured under the approved rules of handling.

(2) The water-management authority may, for the period necessary, take over the management, operation or maintenance of the water-works and equipment, where the interests of the water-management sector or other general interests so require, and if the person required to do so fails to perform this task properly and has failed to remedy it within the prescribed period. Such management, operation and maintenance shall be provided by the water management authority for the compulsory cargo.

(3) Where water works and equipment are in the management of budgetary or economic organisations, the provisions on the management of national assets shall apply to the transfer and management of water works and equipment.

§ 26.

Access to foreign property.

In order to carry out surveys and works for the purpose of water management and to exercise control over water, water works and equipment, persons who are declared by a certificate of the competent authority may enter and carry out the necessary work, research or surveillance in the premises, unless a specific authorisation is required. Such persons shall be obliged to ensure that the damage, if it cannot be avoided in such work, is as low as possible; the authority which sent the delegates shall replace the damage caused. If there is no agreement on the amount of compensation, it shall be decided by the management authority of the District National Committee. Authorised persons shall be obliged to keep secrets about the facts they have learned in their activities.

§ 27

Compensation for specific water use and water works and equipment

(1) Water collectors and other water users are obliged to pay water management organisations (§ 17) in accordance with principles approved by the Government adequate compensation for the specific use of water which is allowed or improved by the water management parts or equipment managed by those organisations and for the use of such works and equipment. The Government may provide for exemptions from this obligation.

(2) The Government may also provide that water polluters are obliged to pay compensation for discharges of waste water according to the quantity of pollutants discharged and to the extent of their seriousness.

§ 28.

Protection of fishing.

(1) In the design, construction, operation and maintenance of water works and equipment, as well as other water use, account should be taken of the needs of the fishing industry; in particular, it is necessary to protect water against pollution, artificial warming, discharges of defective waste water, discharges of water from the riverbed in a manner as harmless as possible to fish, as well as to establish and maintain fish crossing points, jaws and such.

(2) The costs of equipment and measures to protect fishing activities are normally borne by an investor for newly built water works and installations. The costs of the disposal of harmful fishing facilities for built-up water works shall be borne by those who request their removal. Taking into account specific circumstances, the management authority of the national committee may provide for a different payment obligation.

(3) The details concerning the construction of facilities and other measures to protect fishing and the reimbursement of costs are laid down in the agreement with the central authorities involved.

§ 29.

Expropriation of real estate and law.

(1) The property and the rights required for the purposes laid down by this law or for access to waters for the purpose of their general use may be expropriated if no agreement on redemption or use is reached. Expropriation can achieve the transfer of property rights to real estate, the establishment of a building right or the establishment of real estate burdens.

(2) For expropriation proceedings, the method and payment of compensation for expropriation, for entering and using the expropriated property before the expropriation procedure is initiated, the provisions of the Construction Regulations and Regulations issued under it shall apply mutatis mutandis.

§ 30.

Termination of liens and other rights in kind and burdens.

The lien rights to assets in state socialist property, which is intended to be used permanently for water management purposes, shall cease without compensation; The library court shall delete them to the proposal of the water management organisations to which the property is entrusted in the administration with reference to this law. The liabilities for which the lien was established remain unaffected. Paragraph 1 to 7 of the Act No. 97 / 1952 Coll., on the abolition of rights in kind on certain parts of the national property applies mutatis mutandis to the termination of rights in kind (burdens) other than liens on such assets.

§ 31.

Registration of water permits.

(1) A new register of water works and equipment and water permits and consent shall be introduced instead of existing water books.

(2) The central management of water management is defined in the Order.

Část sedmá.

Transitional and final provisions.

§ 32.

The abolition of water cooperatives.

(1) Water cooperatives established under earlier water laws are deleted. The assets of the repealed water cooperatives go to the state.

(2) The definitions to which the authorities or organisations transfer the assets of the deleted water cooperatives referred to in paragraph 1 shall be made by the Ministry of Agriculture and Forestry, Energy and Water by mutual agreement. These ministries also set out in an agreement with the Ministry of Finance how to settle the rights and obligations of the repealed water cooperatives.

§ 32a

Establishment of melliorative cooperatives

(1) For the purposes of the planning, planning and project preparation and implementation of the construction, operation and maintenance of water-based melliorage facilities, the setting up of ponds and the modification of the water-courses referred to in Article 19 (1), single agricultural cooperatives may be brought together, including with other socialist sector organisations in the mellioric cooperative.

(2) Melioration cooperatives are socialist legal persons and are registered in the company register; the provisions of Act No. 53 / 1954 Coll., on folk cooperatives and cooperative organisations, do not apply to them.

(3) The approval of the Council of the District National Committee shall be required for the establishment of a melioration cooperative; If the Cooperative goes beyond the District of the National Committee, the Council of the Regional National Committee must agree, and if it goes beyond the Regional National Committee, the Ministry of Agriculture and Forestry.

§ 32b

Obligations of owners (users) of the land

Citation	Act No. 11 / 1955 Coll., on Water Management
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	07.04.1955
Effective from	01.01.1955
Effective until	-
Status	Valid

Act No. 11 / 1955 Coll.

Water Management Act

Contents