Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 19 / 1978 Coll.
Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic laying down the obligations of watercourses managers and adapting certain issues concerning watercourses
Valid
Effective from 01.04.1978
19
DECLARATION
Ministry of Forestry and Water Management of the Czech Socialist Republic
of 2 February 1978
laying down the obligations of watercourses managers and adapting certain questions concerning watercourses
The Ministry of Forestry and Water Management of the Czech Socialist Republic, in agreement with the Federal Ministry of Finance, the Czech Office of Geodetic and Cartographic and other central government bodies concerned, provides, pursuant to § 31 (7), § 33 and § 34 (2) of Act No. 138 / 1973 Coll., on Water (Water Act):
Obligations of the water flow manager
(1) The water flow manager is obliged to manage the water flow in such a way that it is properly and comprehensively used for water and other important interests of the company; However, in addition to the obligations laid down by the Water Act or the Water Management Act (1), the watermanager has the following obligations, in particular:
(a) records the decisions of the water authorities concerning the water flow, 2)
(b) monitor compliance with the conditions and obligations laid down in the authorisations and consent of the water authorities;
(c) monitor the general water use in the water stream;
(d) ensure that the interests of recreation, fishing and other important interests of society are not undermined and cooperate in the creation and protection of the environment;
(e) monitor the quality of the water as well as water collection and discharges and other water management in the water stream;
(f) submit to the water authorities initiatives, proposals and observations in the event of a lack of water in the water stream or, where appropriate, other exceptional water management situations;
(g) provide the water management authorities with the technical, economic and other supporting documents necessary for their water management activity, where available; (4) in the water catchment area of which there is a small water flow;
h) communicates to the organisation entrusted with the Ministry of Forestry and Water of the Czech Socialist republity5) the data relevant for drawing up and supplementing the indicative water management plan, in particular for assessing surface water stocks;
(i) report to the body of geodesy and cartography the changes identified under Sections 6 and 9 of this Decree.
(2) Furthermore, the water flow manager is obliged to maintain the water flow managed by it and to ensure that all its functions are properly maintained and, for this purpose, to manage the water management necessary for the functions of the flow, or the water flow mainly serving or fulfilling at the same time more social purposes. This obligation shall be fulfilled by:
(a) continuously monitor and ensure the status and protection of the water flow;
(b) ensure the proper condition of the water works necessary for the functions of the water flow and which it manages, 6)
(c) ensure the maintenance and construction of water flows; taking into account the requirements of nature and environmental protection,
(d) ensure a smooth flow in the water flow and allow, under the conditions of authorisation of the water operator, the management of water and, where appropriate, other water flow activities, in exceptional water conditions only if hydrological conditions so permit;
(e) fulfil the obligations imposed by the flood plan or the relevant flood authority;
(f) cooperate in the disposal of emergency deterioration of surface water quality and the removal of harmful effects;
(g) it eliminates barriers to water flow, unless the waterworks (owners, users) of water works or other real estate are required to do so at the point of water flow or, where appropriate, water-based property managers, 8)
(h) it removes, in a water-relevant water-flow stream, the load cone under the mouth of its administered small water flow, in cases where such loads distort the continuous flow of water in a water-relevant water flow.
In addition to the obligations of the water flow manager under Sections 1, 3, 4, 8 and 9 of this Decree, the water-relevant water flow manager has the following additional obligations:
(a) establish, maintain and designate waterways and establish a fairway, 9)
(b) ensure comprehensive water quality care and propose measures to the water authorities to prevent pollution of water and improve water quality in water flows from the point of view of the river basin;
(c) draw up, at the request of the water authority or, where appropriate, the organisation entrusted with the Ministry of Forestry and Water Management of the Czech Socialist Republic, the necessary supporting documents and observations with regard to the indicative water management plan;
(d) carry out systematic checks on water quality in relation to flows in specified profiles and monitor these flows; the results of the checks, including water analyses, shall be communicated on request to the water authority or, where appropriate, to the State water inspection,
(e) ensure that the handling arrangements for water works are also processed with regard to the possibility of ensuring water quality in water flow;
(f) collaborates with the managers of small watercourses in the management of water-related tasks for which this is necessary in terms of the needs of the entire river basin;
(g) monitor, in accordance with the Specific Regulations (10), groundwater sampling and submit proposals to the competent water management authority to determine the obligation to measure such sampling;
(h) propose to the competent water authority the establishment of protection zones for the protection of the salinity, quality and health of resources in water flows and monitor compliance with the conditions of these Decisions;
(i) ensure the technical development of all water flow functions.
If the water-flow manager finds that the obligations or conditions laid down in the permits or agreements of the water-management authority or the infringement of obligations laid down by the Water Law, the State Administration Act or the regulations issued pursuant thereto, or serious defects in the water flow caused by natural or other influences, he shall notify the competent water-management authority thereof; at the same time may propose measures to remedy.
Where, in the course of activities carried out by the watercourse manager in connection with the management or functions of the watercourse or, where appropriate, its maintenance, the use of explosives, or the transfer of water from the watercourse, or otherwise the interests of the fishing industry may be affected, the watercourse manager shall notify the relevant user of the fishing area or the undertaking of the State fishing in writing 15 days in advance. This provision shall not apply to cases of emergency deterioration of surface water quality and flood protection measures.
Watercourses corytes and their changes
Watercourses do not include waterworks or other structures in watercourses.
(1) In the event of a change in the natural watercourse resulting from the effect of the water flow, the administrator (owner, user) shall be entitled to return the water flow to the original trough by changing the plot concerned. Such a measure may be taken only with the agreement of the competent water operator. This authority shall give its consent if the change in the natural trough has not improved the outflow ratios.
(2) If the change in the natural trough improves outflow ratios, the competent water management authority will decide on the limit of the changed natural trough; when deciding, it shall take into account the legally protected interests of the AIFM (owner, user) of the land concerned by the change.
In disputes concerning the watercourse boundary, the competent water management authority shall decide, for watercourses with natural riverbed, taking into account natural, in particular water and geographical conditions, or, where appropriate, on the basis of these considerations alone, also taking into account the watercourses (11) in neighbouring water-courses.
If the treated or artificial watercourse is changed by the effect of the waters of this water stream, the water flow manager shall return the water flow to the original trough.
The water flow manager is obliged to remove them if a load or an island is formed in the water flow and the flow is impaired. Otherwise, it shall be obliged to manage the resulting loads and islands in accordance with the provisions on the management of national assets.
Watercourses islands not listed in the property register (without a parcel number) are part of the watercourse.
Use of land at watercourses
(1) The water-flow manager and, where appropriate, the water-flow organisation may use the land at the point of water flow, where this is strictly necessary for the establishment, operation and maintenance of water-based works and equipment, for the execution of water-based water-based works and other water-based purposes, taking into account the needs of water-based management and maintenance and the water-related importance of the water-flow,
(a) for a watercourse intended for a waterway not exceeding 10 m from the shore line,
(b) for other watercourses not exceeding 6 m from the shore line according to the type of fortifications and vegetation.
(2) On the basis of a proposal from the water flow manager, the competent water management authority may determine, for the strictly necessary needs referred to in paragraph 1, a larger width of the land at the water flow.
Mining of river material
(1) The water-flow manager will allow organisations or, where appropriate, citizens (hereinafter referred to as the extractor) to mine river material12 within the scope of the authorisation of the water-management authority; the extractor shall not:
(a) damage the riverbed and the waterworks on the water stream during mining;
(b) to create in the water stream a depth exceeding the specified depth or to create loads by spreading the extracted material into the water stream;
(c) to store, without the consent of the water-flow manager, excavated material on land at the point of water flow, on banks or in flood areas;
(d) damage the fairway and endanger the safety and continuity of the voyage;
(e) interfere with the exercise of the authorisation of other users of the water flow, or water flow, as well as the interests of recreation and other important interests of the company;
(f) disturb the departure of large waters and ice;
(g) impair water quality in the water stream.
(2) When authorising the extraction of river material, the water authority may impose further conditions on the extraction of such material.
(3) If the extractor infringes the authorisation of the extraction of river material and, where applicable, the obligation laid down in paragraph 1, the waterborne manager is entitled to ask the water operator to cancel the authorisation of the extractor.
(4) The extractor shall, after the extraction is completed, focus and enter into the technical documentation the actual state of the extraction site and transmit this documentation to the water flow manager.
This Decree shall take effect on 1 April 1978.
Minister:
Ing.
1) Act No. 130 / 1974 Coll., on State Administration in Water Management.
2) Sections 8, 9 and 10 of the Water Act.
3) Paragraph 32 (2) of the Water Act.
4) Paragraph 32 (1) of the Water Act.
5) Paragraph 8 (2) of Act No. 130 / 1974 Coll., on State Administration in Water.
6) Paragraph 41 of the Water Act.
7) Decree No. 6 / 1977 Coll., on the protection of the quality of surface and groundwater.
8) Articles 36 (1) (b) and 41 (1) (f) of the Water Act.
9) Act No. 26 / 1964 Coll., on Inland Navigation as amended by Act No. 126 / 1974 Coll.
10) Decree No. 63 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to report data on their sampling.
11) Paragraph 31 (2) of the Water Act.
12) Paragraph 10 (b) of the Water Act.
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Regulation Information
| Citation | Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 19 / 1978 Coll., laying down the obligations of watercourses managers and adapting certain issues concerning watercourses |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.02.1978 |
|---|---|
| Effective from | 01.04.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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