Act No. 138 / 1973 Coll.
Water Act (Water Act)
Valid
Effective from 01.04.1975
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
ČÁST DRUHÁ
Oddíl 1
§ 4
Oddíl 2
§ 5
§ 6
§ 7
Oddíl 3
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl 4
§ 13
Oddíl 5
§ 14
Oddíl 6
§ 15
Oddíl 7
§ 16
ČÁST TŘETÍ
Oddíl 1
§ 17
§ 18
§ 19
§ 20
§ 21
Oddíl 2
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST ČTVRTÁ
§ 28
§ 29
§ 30
ČÁST PÁTÁ
§ 31
§ 32
§ 33
§ 34
§ 35
ČÁST ŠESTÁ
§ 36
§ 37
ČÁST SEDMÁ
§ 38
§ 39
§ 40
§ 41
ČÁST OSMÁ
§ 42
ČÁST DEVÁTÁ
§ 43
§ 45
§ 46
ČÁST DESÁTÁ
§ 47
ČÁST JEDENÁCTÁ
§ 48
§ 49
§ 50
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138
THE LAW
of 31 October 1973
on waters (Water Law)
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
Purpose of the law
Surface and groundwater are one of the basic raw materials resources, they form an important component of the natural environment and serve to ensure economic and other social needs. The purpose of this Act is to protect water for its irreparability and for its social importance, to plan to manage its collection and other handling in such a way as to ensure a balance between water needs and water resources capacity, to take care of their cleanliness and the most economical use, to ensure protection against floods while ensuring the protection of nature, recreation, navigation and other important interests of society. The protection and maintenance of the quality, quality and health of water resources is of public interest.
Surface and groundwater water
(1) Surface waters are waters naturally occurring on the earth's surface; The ground waters are the waters of the earth's sinuses and watery layers of the earth. The rights to these waters are governed by this law.
(2) Natural medicinal waters and naturally occurring mineral table waters, (1) as well as waters which, according to the upper regulations (2), are reserved for minerals and for mining waters ("special waters') are not considered as surface or groundwater.
(3) Special waters shall be covered by this law only if they expressly provide for it.
Indicative water management plan
The indicative water management plan of the Republic shall be the basis for the water management measures of all sectors of the national economy, for the water management measures of the territorial planning sector, for the water management system and for one of the basic water management bases and for the development of long-term prospects for sectors which have water resources requirements or otherwise affect water management or, where appropriate, their quality. Part of the indicative water management plan is the state water management balance of surface and groundwater stocks and their quality.
_
Basic obligations for water management
(1) When handling surface water and groundwater, care must be taken to protect them and ensure their economical and nationwide efficient use, and to ensure that the water and other important interests of society are not violated.
(2) Organisations which handle surface or ground water, where appropriate, are required to make effective adjustments to the production technology in order to achieve the most rational and reuse of water and to ensure the restoration and / or improvement of water quality, and, if they manage water works or equipment enabling such disposal, they are required to take due care of it.
(3) In the construction of residential housing, new plants and similar facilities, or in their reconstructions, investment organisations are required to ensure that they are supplied with water, drainage, cleaning or other disposal of waste water from them so as not to jeopardise the quality of surface and groundwater; the performance of this obligation must be provided by the investment organisations and planning bodies already in the planning of those investment actions. Without fulfilling the obligations referred to in the first sentence of the construction or reconstruction shall not be approved, authorised or carried out.
Water management without authorisation or consent
General use of surface water
(1) Any person may, without the authorisation or approval of the water operator, remove surface water for his own use, or otherwise use it, unless special technical equipment is needed for such sampling or use. Nor is it necessary to permit or consent the water authority to capture surface water by simple devices (§ 38 (2)) on individual properties or to alter its natural outflow in order to protect those properties against the harmful effects of these waters.
(2) When the waters referred to in paragraph 1 are used, they shall not harm the shores, water works and equipment, fish farming facilities, endanger the quality or health of the waters, disturb the natural environment, worsen outflow conditions and infringe the rights and legitimate interests of others.
(3) The water-management authority may adjust the use of the waters referred to in paragraph 1 without compensation, limit or prohibit, where the water-management or other important interests of society so require, the safety of persons or of water-works, equipment or equipment, the protection of fishing activities, or, in so far as they are involved in the infringement of paragraph 2.
Use of surface water for navigation and for wood
(1) There is no need for authorisation or approval by the water authority for the use of surface water for the purpose of navigation and the movement of timber. However, they may not harm the shores, water works and equipment, fish farming facilities, or infringe the rights and legitimate interests of others.
(2) The discharge of water from vessels into surface waters may only be made if they correspond to the levels of pollution permitted (Section 23 (2)). The operator of the vessel shall be obliged to prevent the leakage of oil, propellant, ash or other harmful substances from it into surface water, to provide the vessel with the necessary equipment and to maintain it in a state of proper operation.
(3) Port managers shall be required to ensure that the harmful substances referred to in paragraph 2 can be removed from the vessel in such a way as to prevent them entering surface water.
(4) The central water-management authority of the Czech Socialist Republic and the central water-management authority of the Slovak Socialist Republic (hereinafter referred to as the "central water-management authority of the Republic") may, in agreement with the Federal Ministry of Transport and the central authorities of the Republic concerned, amend, restrict or prohibit the use of water for navigation and wood, where this is required by the water-management or other important interests of the company, and, where appropriate, amend the obligations laid down in paragraphs 2 and 3.
(5) The management of the navigability of waterways and the construction of waterways is the responsibility of the central water authority of the Republic, with the exception of waterways of transport significance. Issues of navigation and competence of public administrations in matters of navigation are governed by special regulation.3)
Use of mining water
(1) The use of mining waters for its own use (4) does not require the authorisation or approval of the water authority.
(2) Where mining organisations do not need mining water for their own operation, they are obliged to allow the collection or other use of the waste water for them to those authorised by the water operator [Paragraph 8 (1) (e)].
Authorisation
Authorisation to handle waters
(1) The authorisation of the water authority should be:
(a) for the collection of surface water and other uses thereof, unless they are used in accordance with Sections 5 to 7;
(b) to collect and otherwise use groundwater;
(c) to discharge waste water into surface or groundwater waters;
(d) for the discharge of specific waters (Section 2 (2)), with the exception of mining waters, into surface or groundwater waters; the discharge of mining water is regulated by specific regulations, 5)
(e) the collection or use of mining water which the mining organisation does not need for its own operation (Section 7 (2)); the authorisation is issued by the water authority in agreement with the competent mining authority.
(2) The authorisation referred to in paragraph 1 (a) is not necessary if it is a one-off withdrawal of water in cases of general danger. No authorisation shall be required for the use of surface water in the training of the armed forces and armed security forces; in such cases, the armed forces and armed security forces, in agreement with the District National Committee, shall proceed mutatis mutandis under the provisions on the defence of the Czechoslovak Socialist Republic. 6)
(3) The water operator shall specify in the authorisation the purpose and duration of the authorisation and its scope. where appropriate, establish the obligations and, where appropriate, the conditions under which the authorisation is granted.
(4) Unless otherwise provided for by the water authority, the rights and obligations resulting from an authorisation granted for the purpose of the use of a given immovable property shall be transferred to another acquirer or, where appropriate, to the user of such property, provided that such property continues to serve the purpose for which the authorisation was granted. Other purchasers or users, as appropriate, shall notify the water authorities of the transfer or transfer of the assets with which the authorisation was attached within two months of the date of the transfer.
Authorisation for water works
(1) In order to establish water works (§ 38), to amend and abolish them, a water authority should be authorised.
(2) The water authority shall, in the authorisation of the water works, lay down the obligations and, where appropriate, the conditions under which they are granted. Where necessary, it shall require the applicant for authorisation to set up a watermark (brand) or, where appropriate, submit to him for approval a proposal for a waterworks handling or operating order.
(3) The permission of the water works is at the same time a decision on the admissibility of the construction under the Building Regulations Act. The building authority shall give its consent to these works under the Specific Regulations (7) only in order to ensure compliance with the territorial plans and decisions.
(4) In the case of water-works, the water-management authorities shall have the responsibility of the construction offices according to the rules of construction, except in the case of expropriation. The water operator responsible for authorising the water works shall also decide on its permanent operation (use) under specific rules. 8)
(5) If the authorisation granted pursuant to Paragraph 8 (1) is cancelled, the water operator shall decide on the conditions for the continued duration and, where appropriate, the abolition of the water works which allowed the authorised treatment of water.
Authorisation for certain activities
The authorisation of the water authority shall be:
(a) the planting, felling and removal of trees and bushes in flood areas (Section 13 (2));
(b) the extraction of sand, gravel, mud with the exception of medicinal mud, walnuts, etc. (river material) from watercourses;
(c) geological and hydrogeological works in flood areas and protection zones (§ 19);
where such activities are not carried out by a water management organisation in connection with its management.
Amendments and revocation of authorisations
The Water Authority may, on its own initiative or on a proposal following a procedure, amend the authorisation granted by it or, where appropriate, revoke:
(a) if the water or other important interests of the company so require;
(b) if there is a change in the facts applicable to the granting of the authorisation, in particular if the scope of the authorisation goes beyond the permanent need of the creditor;
(c) failing to comply with the conditions of authorisation and, where appropriate, the obligations laid down therein by the water management authority;
(d) if the authorised authorisation is not used for a period of two years without a specific reason;
(e) if, in an authorised activity, they are involved in infringement of the provisions of this law or in material damage to the legitimate interests of others.
Termination of authorisation
(1) The authorisations of the water authorities referred to in Articles 8 (1) and 10 (b) shall cease:
(a) the expiry of the period for which it was granted;
(b) the cessation of a water-processing work which allows the treatment of water to be authorised, unless the water-processing plant provides for a period of time within one year of the cessation of the work; in that case, the authorisation shall cease to be in vain at the end of that period;
(c) the disappearance of the organisation or, where appropriate, the death of the citizen to whom it has been granted, in so far as the rights and obligations resulting from the authorisation to their successors in title have not been exceeded pursuant to Article 8 (4).
(2) Authorisation for water works (§ 9) and certain activities (§ 10) shall cease if the authorised to carry them out does not take place within 2 years of the authorisation or within a longer period, as the water operator has provided for in the authorisation, where appropriate.
Consent
(1) The agreement of the water operator is necessary for the construction, installation and, where appropriate, for activities for which it is not required to be authorised but which may affect the water conditions, namely:
(a) construction and installations in water streams and in their drafts and on land;
(b) for the establishment of long-distance pipelines, warehouses, tanks and landfills of substances that threaten the quality of water, for structures allowing underground storage of substances in the earth's cavity and for the construction of communications;
(c) changes to the structures and installations listed under (b). (a) and (b)
(d) to place (berth, etc.) non-seagoing equipment or to manage water flow on watercourses outside port perimeter;
(e) the construction and quarrying of minerals, as well as the land works in flood areas, in protected areas of natural water accumulation (§ 18), in protection zones (§ 19) and in water catchment areas;
(f) to fill the weaned arms of watercourses and potholes;
(g) to structures within 15 m of the air heel of the watercourse protection barrier.
The Water Authority may lay down the conditions under which consent is granted.
(2) The flood areas and the extent of the land referred to in paragraph 1 (a) shall be determined by the water authority on a proposal from the flow manager and notified to the relevant building offices and local national committees concerned.
(3) The authorities issuing authorisations for the construction, installation or activities referred to in paragraph 1 under other rules shall not issue authorisations unless the applicant has submitted to them the consent of the water operator.
(4) The agreement referred to in paragraph 1 is not necessary for the temporary construction, installation and, where appropriate, for the activities to be undertaken by the armed forces and armed security forces; in such cases, the armed forces and armed security forces, in agreement with the District National Committee, shall proceed mutatis mutandis under the provisions on the defence of the Czechoslovak Socialist Republic.
(5) Paragraph 12 (2) applies mutatis mutandis to the expiry of the consent to construction or plant. Paragraph 12 (1) shall apply mutatis mutandis to the expiry of the consent to the activities referred to in paragraph 1 (d) and (e).
Observations
(1) In the course of the investment activity of any sector of the national economy, the investor shall, at the stage of processing the preparatory documentation or changes thereto, be obliged to ask the competent water operator to express whether the planned investment is possible from a water-based point of view or under what conditions. The investor is obliged to attach a statement from the water authority to the application for approval of the project task.
(2) The comments of the water operator shall also be made in order to prepare changes in the production process or in the scope of production and to modify and modify the water works, even if such changes and adjustments do not manifest in the investment area but affect the water economy.
(3) The statement does not replace the authorisation or consent and is not a decision under the administrative procedure rules.
Protection of fishing and recreation
(1) The design, construction, management, operation and maintenance of water works, the handling of surface waters and the extraction of river material from watercourses should take into account the needs and protection of fishing and recreation.
(2) The costs of equipment and measures to protect fisheries for newly built water works are borne by their investor. The costs of the disposal of harmful fishing facilities for built-up water works shall be borne by those who request their removal. The Water Authority may decide otherwise in the light of specific circumstances.
(3) The central water authority of the Republic may, in agreement with the central government authorities concerned and the fishing union of the Republic, provide by decree details of the construction of the establishment, other measures to protect fishing and the reimbursement of the costs involved, as well as the implementation of paragraph 1.
(4) The central water authority of the Republic may, after consultation with the competent central authorities of the State administration, regulate the use of water flows for recreation, thereby defining the authorisations and obligations of the authorities, organisations and citizens.
Water scarcity measures
(1) Where the important interests of the company so require, in particular where there is a temporary shortage of water, the water operator may, without refund, adjust the water operator for the time strictly necessary for the treatment of the waters authorised under Paragraph 8 (1) or, where appropriate, restrict or prohibit such disposal. Such a measure shall be implemented after consultation of the organisations concerned, unless exceptional circumstances preclude it.
(2) If there is an exceptional restriction or prohibition on the extraction of surface or groundwater authorised under Article 8 (1) (a) or (b) which leads to a serious threat to the important interests of the company, the water authority is obliged to take corrective measures in agreement with the competent authorities. In doing so, it may also decide who, how and to what extent it is obliged to carry out measures to ensure the replacement of water or, where appropriate, to import it. The payment of the necessary costs associated with the measures imposed may be requested by the water authority to the extent that it has caused an exceptional restriction or the exclusion of withdrawals. The decision of the water operator shall not affect liability for the damage caused by such a restriction or the prevention of water collection.
WATER PROTECTION
Protection of natural accumulation of water and water resources
Improving water management
(1) Managers (owners, users) of agricultural or forestry land and ponds are obliged to manage them in such a way that they would not only preserve water-friendly conditions in terms of quantity and quality of water but also help improve water-management conditions. In particular, they are obliged to prevent adverse drainage conditions, to flush the soil and to ensure that soil moisture is maintained and the retention capacity of ponds improved.
(2) The Water Authority may, after consulting the authorities concerned, impose on the managers (owners, users) of agricultural and forestry land and ponds which measures are to be taken to fulfil the obligations referred to in paragraph 1.
Protected areas of natural water accumulation
(1) Areas constituting significant natural water accumulation for their natural conditions may be designated as protected areas of natural water accumulation by the Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic (the Government of the Republic).
(2) The Government of the Republic, when establishing protected water-management areas, shall, where appropriate, prohibit the activities which threaten water-management conditions.
Protection zones
(1) Protection zones for the purposes of this Act are territories designated for the protection of the salinity, quality or health of surface or groundwater water sources intended for drinking water supply (hereinafter referred to as "water source").
(2) The protection zones are divided into first-degree protection zones which serve to protect the water source in the immediate vicinity of the storage or sampling establishment and second-degree protection zones which serve to protect the water source in the territories established by the water management authority so as to avoid endangering its performance, quality or health.
(3) The protection zones are to be established, amended or repealed by decision by the water authority on a proposal or on its own initiative. The date on which the decision of the water operator to establish or change the protection zone becomes final shall give rise to a material burden on the property concerned; the rights and obligations arising from the burden in kind shall be transferred to the legal successors of the beneficiaries. The application for the establishment of protection zones shall be submitted by those who apply for a permit to collect water from the water source, with the exception of water tanks where the design is required by the owner of the tank. The application for modification of the protection zones shall be submitted, in accordance with the need to ensure the protection of the quality, quality or health of the water source, by whoever is authorised to take water from that water source, with the exception of water tanks where the change proposal is submitted by the owner of the tank. The competent authority shall send a decision on the establishment, modification or cancellation of the protection zone to the competent cadastral office for the execution of an alert in the cadastral. (a)
(4) It is prohibited to carry out activities which threaten or harm the performance, quality or health of aquatic resources in protection zones. Those activities shall be determined by the water authority, after consultation with the authorities concerned, in the decision establishing or amending the protection zone referred to in paragraph 3. The Water Authority may also, in a decision to establish or amend protection zones after consultation with the authorities concerned, restrict the use of real estate and lay down conditions to protect the salinity, quality or health of the water source.
(5) The property owner or, where applicable, the person exercising the right to manage it under special rules, 8b) is entitled to compensation for the proven restriction on the use of the property in the protection zones.
(6) The costs associated with the technical adaptations to the protection zones and the compensation for the proven restriction on the use of real estate in the protection zones shall be borne by the person who is authorised to take water from the water source for which protection zones are established, with the exception of water tanks, where those costs and refunds are borne by the owner of the water tank.
(7) If the property owner or, where applicable, the person exercising the right to property under the special rules does not agree on the amount of the property, 8b) and whoever is required to provide compensation for the proven restriction on the use of property in the protection zones (paragraph 6), the court shall decide on the amount of the property on the application of the property owner or the person exercising the right to property under the special rules, 8b) or whoever is obliged to provide the compensation.
(8) By decree, the central water authority of the Republic sets out the list of water tanks and the principles for establishing and amending protection zones.
Water courses and their basins
(1) Water flows are sections of water flows specially designed as water sources for the bulk supply of water to the population. When deciding on these flows, the water authorities shall take account of their identification and ensure that their pollution is gradually eliminated.
(2) Water flows and their catchment areas are determined by decree by the central water authority of the Republic after consultation with the central authorities concerned. In doing so, it may provide that the construction or operation of certain activities in the water catchment areas require authorisation or, where appropriate, the consent of the water operator.
Payment of costs
Unless otherwise specified (Paragraph 19 (6)), the reimbursement of the costs of measures imposed pursuant to § 17 to 20 for the protection of the quality or health of surface or groundwater is governed by specific regulations.9) The costs of measures imposed for reasons other than the protection of the quality or health of surface water or groundwater may be eligible for a contribution by the water operator imposing them if their use would be particularly detrimental to those who are to bear them; However, the water management authority shall not grant any contribution if it is also a measure for the use of agricultural parcels under the rules on the protection of the agricultural land fund, (10) implemented by the managers (owners, users) of the land for own account.
Protection of surface and groundwater quality
Waste water
(1) Wastes used in settlements, municipalities, houses, plants, medical facilities and other objects or plants shall be considered as waste water if, after use, they have a changed quality (composition or temperature) and other water draining from them if they are likely to endanger the quality of surface or groundwater.
(2) The central water authority of the Republic may specify in more detail which waters shall be considered as waste waters under paragraph 1.
Discharges of waste and special waters into surface and groundwater waters
(1) Those who discharge waste or special water into surface or groundwater waters shall ensure that the quality of surface or groundwater is not compromised or impaired. To this end, it shall, in particular, ensure the disposal of discharges in a manner consistent with the present state of technical progress and measure the volume and level of discharges in accordance with the conditions laid down in the decision of the water operator. The results of these measurements shall be transmitted to the water authority which issued the decision. The water operator may, by decision, impose a place and method of measuring the volume of waste water discharged and the level of pollution thereof and determine the frequency of submission of the results of such measurements.
(2) When authorising discharges of waste and special waters (Section 8), the water management authority shall be bound by the provisions of this Act, by indicators of the permissible degree of pollution of water and other legislation. 10a)
(3) The Government of the Republic of Moldova, by means of a regulation, sets out the parameters for the permissible pollution of waters and their values and sets out the cases where waste and special waters with higher levels of the parameters for the permissible degree of pollution of waters may be discharged by decision of the water authority.
(4) Where the necessary interests of water protection so require, the water authority may determine the values of the parameters of the permitted degree of water pollution lower or, where appropriate, other indicators and their values. For a limited period of time, the Water Authority may authorise discharges of waste and special waters with higher levels of parameters of the permissible degree of pollution of water. The water-management authority shall act in accordance with a government regulation issued pursuant to paragraph 3.
Water discharge into public sewerage
(1) Public sewerage is intended for mass drainage and, where appropriate, the disposal of waste and withholding water from municipalities and settlements. In doubt whether it is public sewerage, the water authority shall decide.
(2) The operation of public sewerage is governed by the Sewerage Regulations. The Sewerage Regulations shall establish the maximum permitted level of pollution of waters discharged into the public sewerage and, where appropriate, the maximum permitted quantity of such waters and a list of non-waste water substances whose intrusion into the public sewerage must be avoided and, where appropriate, other conditions of its operation. The sewage system shall be approved by the water management authority on a proposal from the applicant.
(3) The waters which require prior cleaning to comply with the maximum permitted level of pollution may be discharged into the public sewerage network only with the permission of the water operator. The Water Authority may grant authorisation only if such waters are cleaned to a degree corresponding to the sewerage system. Paragraph 11 shall apply mutatis mutandis to the modification or withdrawal of such authorisation.
(4) An organisation managing public sewerage may only affix to it real estate, or parts thereof, and installations in which water is generated, the pollution of which does not exceed the permitted maximum level of pollution laid down in the sewerage system, and real estate, parts thereof and equipment from which discharges of waste water have been authorised in accordance with paragraph 3.
(5) Where a water operator decides to join between the public sewerage manager and the person requesting connection to it, the water operator shall decide on the connection.
(6) The central water authority of the Republic may adapt the decree of administration and operation of public sewerage and lay down general conditions for the disposal of waste water by such sewerage and issue directives for the preparation of draft sewerage plans.
Protection of surface and groundwater from degradation by substances other than waste water
(1) Those who treat non-waste water substances which may endanger the quality or health of surface or groundwater shall be required to comply with specific provisions laying down the conditions under which such substances may be treated in terms of the protection of the quality of surface and groundwater. Where the treatment of scheduled substances is not regulated in this respect by specific provisions, any person handling such substances shall be obliged to take measures not to enter surface or groundwater or to endanger their quality or health.
(2) The Water Authority may, where justified, authorise exemptions from the provisions of the second sentence of paragraph 1.
(3) The washing of motor vehicles and operating mechanisms in watercourses or places from which fuel or lubricants could endanger the quality or health of surface water or groundwater shall be prohibited.
(4) The central water authority of the Republic may, in agreement with the central authorities concerned, lay down conditions for the protection of surface and groundwater under which the substances referred to in paragraph 1 may be treated and under which the exemptions referred to in paragraph 2 may be authorised.
Accidental deterioration of water quality
(1) Any person who causes or finds an emergency serious deterioration or, where appropriate, a threat to the quality of surface water or groundwater (hereinafter referred to as "the accident ') shall be required to report this immediately to the national committee or public safety authority. An organisation that endangers the quality of surface water in the context of a breach of the Sewerage Regulations shall also report this immediately to the organisation managing public sewerage.
(2) If an accident of an exceptional scale which is likely to seriously endanger people's lives or health or cause significant damage to property, the provisions of Paragraph 42 (2) shall apply mutatis mutandis in preventing the harmful consequences of the accident.
(3) The details of the notification of accidents and the cooperation of the various authorities and organisations in the event of accidents and the elimination of their harmful consequences are laid down in the order of the Central Water Authority of the Republic in agreement with the Ministry of the Interior of the Republic and the Ministry of Health of the Republic.
Measures to remedy
(1) The water-management authority shall impose an obligation on those who, by means of an illegal discharge of water (10b) or the illicit disposal of harmful water10b) of surface or groundwater pollution or thereby endanger their quality (hereinafter referred to as "the agent of the defective condition") to carry out measures to remedy the defect, in particular to prevent further pollution or to threaten the quality of surface and groundwater, as well as, where appropriate, measures to ensure replacement water collection (hereinafter referred to as "corrective measures").
(2) The water-management authority shall, as necessary, impose measures to remedy the acquirer of the property acquired in the manner specified in the specific legislation, 10c) and which is not the originator of the defective condition but whose assets thus acquired are bound by the defective condition. This is the case when the acquirer of the property has acquired it with the knowledge of the environmental burden and a special contract has been concluded with him (10d) or has been granted a discount on the purchase price due to the defective condition under the remedy measure. In this way, the water management authority shall continue to do so even if there is still a malfunctioning agent.
(3) The obligations arising from the measures imposed on the originator of the malfunctioning or the transferee of the assets referred to in paragraph 1 or 2 shall be transferred to their successor in title.
(4) If the remedy measure is not complied with by the person to whom the remedy measure has been imposed and if there is a risk of delay, its execution shall be ensured at the expense of the person to whom the remedy measure has been imposed by the competent water operator.
(5) Where a remedy measure cannot be imposed in accordance with paragraph 1 and where the case of legal succession referred to in paragraph 3 is not concerned and there is a risk of delay, the measures necessary to remedy it shall be ensured by the competent water operator. In this case, the water operator shall order the implementation of measures to remedy a legal person or a natural person operating under special rules, 10e) which is competent and technically competent to implement measures to remedy them. The party to the proceedings shall be the only person who: the appeal against that decision shall not have suspensory effect.
(6) The costs of implementing the remedy measure are borne by the person to whom the remedy measure has been imposed. In the case referred to in paragraph 5, those costs shall be borne by the competent district authority.
(7) The owners (users) of the property on which the malfunctioning is held or the assets of which must be used for the removal of the malfunctioning and which are not those to whom the remedy measure has been imposed are obliged to suffer the implementation of the remedies imposed or ordered by the water authority. To this end, they shall, in particular, be obliged to allow entry into, or entry into, their real estate and to suffer restrictions on the normal use of real estate.
(8) Special regulations apply for entry or entry into the premises and facilities of the Army of the Czech Republic, Police of the Czech Republic, Security Information Services and Prison Services of the Czech Republic. 10f)
(9) In the cases referred to in paragraphs 4 and 5, the person to whom the remedy measure has been imposed and the water authority, in the cases referred to in paragraphs 5 and 4, are obliged to make the most of the rights of the owners (users) of the property concerned and to notify them in advance of any restrictions on the normal use of the property. On completion of the corrective measures, those to whom corrective measures have been imposed shall, at their cost, be obliged to put the land in its previous state unless they have agreed otherwise with their owners; where the corrective measures are implemented pursuant to a regulation of the water authority referred to in paragraph 5, these costs shall be borne by the competent district authority.
(10) Compensation for property damage or restrictions on owners (users) in the implementation of remedies on foreign real estate shall be paid by the person to whom the remedies have been imposed. In the case referred to in paragraph 5, this compensation shall be paid by the competent district office. The right to compensation must be exercised with respect to the person to whom the remedy measure has been imposed or with the county authority concerned within six months of its establishment, otherwise it shall cease. This provision is without prejudice to the right to compensation.
TERRITORIAL WATERS AND WATER SURVEILLANCE
Underground waters
(1) Underground waters are preferably reserved for the supply of drinking water to the population and for the purposes for which the use of drinking water is provided for in a specific regulation. 11) For other purposes, the water authority may authorise the use of groundwater only if this is not at the expense of meeting the said needs.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
ČÁST DRUHÁ
Oddíl 1
§ 4
Oddíl 2
§ 5
§ 6
§ 7
Oddíl 3
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl 4
§ 13
Oddíl 5
§ 14
Oddíl 6
§ 15
Oddíl 7
§ 16
ČÁST TŘETÍ
Oddíl 1
§ 17
§ 18
§ 19
§ 20
§ 21
Oddíl 2
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST ČTVRTÁ
§ 28
§ 29
§ 30
ČÁST PÁTÁ
§ 31
§ 32
§ 33
§ 34
§ 35
ČÁST ŠESTÁ
§ 36
§ 37
ČÁST SEDMÁ
§ 38
§ 39
§ 40
§ 41
ČÁST OSMÁ
§ 42
ČÁST DEVÁTÁ
§ 43
§ 45
§ 46
ČÁST DESÁTÁ
§ 47
ČÁST JEDENÁCTÁ
§ 48
§ 49
§ 50
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Regulation Information
| Citation | Act No. 138 / 1973 Coll., on Water (Water Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.11.1973 |
|---|---|
| Effective from | 01.04.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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