Decree of the Ministry of Agriculture No. 34 / 1960 Coll.
Ordinance on the obligations of owners (users) of melliorated land in the operation and maintenance of the irrigation grid and drainage, drainage and small waste networks of the melliorative structures of the repealed water cooperatives and on the operation and maintenance of these parts of the mellioration structures
Valid
Effective from 08.04.1960
34
DECLARATION
Ministry of Agriculture
of 29 March 1960
on the obligations of owners (users) of meliorated land in the operation and maintenance of the irrigation grid and drainage, drainage and small waste networks of melliorative structures of the repealed water cooperatives and on the operation and maintenance of these parts of the melioration structures
In agreement with the Ministry of Finance and the Ministry of Energy and Water Management pursuant to § 32 paragraph 2 and § 32 b of Act No. 11 / 1955 Coll., on Water Management, as amended by Act No. 12 / 1959 Coll.:
Management of melliorative structures of repealed water cooperatives
Melioration structures of deleted water cooperatives are managed, operated and maintained by agricultural water management organisations within the field of competence of the Ministry of Agriculture (hereinafter referred to as "water management organisations'). *) The relevant body is the water management organisation in whose district is the water management work. If there are more than one water management organisation within the circuits of the mellioration structure, the organisation in whose district is the largest part of the water management work shall be responsible.
Assistance and participation of owners (users) of melliorated land in the operation and maintenance of parts of the melliorative structures of the repealed water cooperatives
(1) The owners (users) of the land (s) in question are obliged to provide assistance to the water management organisation to the extent of its benefit and to participate in the operation and maintenance (including general repairs) of the following parts of the melliorative buildings of the repealed water cooperatives:
for drainage systems
(a) on the continuous network of pipe and mole drains, on the network of open moat collection and receptacles and on isolated drains, including teaching, shaft, spring sinks and similar facilities;
(b) in open trenches built for the purpose of obtaining a fall and the possibility of resulting from individual drains to places allowing for further continuous water drainage;
for irrigation systems
(c) on portable irrigation pipes, including sprinklers of all kinds and drainage detail in spray irrigation;
(d) on the distribution network (permanent and temporary) used for direct irrigation of the land, including the necessary objects on that network and on the drainage detail for other types of irrigation,
(e) on the mixing tank and its machinery at the slurry irrigation,
(f) to a portable petrol station serving exclusively for lifting water from the supply main equipment (both open and covered).
(2) If there is doubt as to whether the part of the construction in which the owners (users) of the land (s) in question are to be involved in the operation and maintenance, the Department of Agriculture of the Council of the District National Committee shall decide on a proposal from the water management organisation.
(1) The assistance and participation of owners (users) of the land (s) in the operation and maintenance (including general repairs) of the parts of the building (s) referred to in Paragraph 2 (1) (hereinafter referred to as "mellioration detail") consists in the performance of physical work and in the supply of the necessary covers, to the extent of benefit. The rate of benefit shall be determined on the basis of the area of the Melliorated Land of the individual owners (users).
(2) The owners (users) of the meliorated land are required to contribute, to the extent of their obligation, in particular by:
(a) maintain in operational condition irrigation and drainage equipment (in particular portable irrigation pipes, sprinklers and other irrigation machines);
(b) carry out spring and autumn cleaning of the detailed irrigation network and ensure its continuous maintenance in such a way that it is still in good condition and free of charges;
(c) regularly mowing grass and removing weeds on irrigation and drainage facilities;
(d) prepare the soil to be irrigated by levelling, removing high furrows and filling low places.
(3) Owners (users) of melliorated land must ensure that carriage rides are prevented through irrigation ditches, scabs, ditches, crossing artificial irrigation areas by heavy mechanical means, grazing livestock, etc.
(1) The water-management organisation shall discuss their participation with owners (users) of the meliorated land and assist in the implementation of maintenance work on the meliorative detail (§ 3) as well as the duration of the work. Work must be carried out - except in cases of particular urgency - at a time of serenity and at a time of excellence in agriculture.
(2) The owners (users) of the meliorated land which, pursuant to paragraph 1, have been discussed to participate in the work or, where appropriate, to supply the covers, are obliged to participate in the work (supply the covers) at a given time or to send eligible workers to carry out the work. Since the work must be carried out in working parties under the professional guidance of the water management staff, it is necessary that all owners (users) of the land (s) in question comply with the fixed period.
(3) The owners (users) of the meliorated land are not employed in and perform their own tasks in the course of the operation of the irrigation and maintenance work, including general repairs to the water management organisation.
Water management organisations shall draw up a report on the work carried out by owners (users) of meliorated land by type of valuation according to the applicable wage principles. This statement will be the basis for the remuneration of workers by their agricultural establishment. Workers of single agricultural cooperatives will be remunerated in accordance with the rules applicable to remuneration of members of single agricultural cooperatives and staff of state socialist sector organisations or of melliorative cooperatives according to the applicable performance standards for mellioration work.
If the owners (users) of the meliorated land refuse to discuss participation and assistance in the maintenance work on the meliorative detail, or if they fail to carry out the work discussed or do not deliver the covers, the water management organisation shall carry out the necessary work and charge them for the amounts spent in carrying out the work. If the owners (users) of the meliorated land do not pay the amounts charged within the time limits set by the Ministry of Finance for invoicing, the Department of Agriculture of the Council of the District National Committee shall decide on their obligation to reimburse these amounts and on their amount, on a proposal from the water management organisation.
Operation of irrigation equipment
The irrigation of the meliorated land shall be carried out on the cargo of its owners (users), to the extent provided for by the decision of the water operator and in accordance with the approved irrigation rules. Water consumers must comply with the irrigation schedule and do not interfere with the operation of the irrigation equipment; they must not, therefore, open or close gates, locks, teaching and other devices, dig barriers or otherwise affect operation. The water management organisation shall ensure the efficient use of water on irrigated land within the framework of the granted water management permit and shall request the Council of the District National Committee to remedy the deficiencies.
Melioration detail, which is provided by single agricultural cooperatives, state goods and other agricultural organisations of the state socialist sector.
(1) In municipalities where single agricultural cooperatives or state goods or other agricultural organisations of the State Socialist sector manage all or more of the meliorated land, the water management organisation shall, according to the rules on the management of national assets, transfer the melliorative detail of the deleted water cooperatives to the administration of the district national committee for the purpose of its submission to the permanent use of the single agricultural cooperative or transfer it to the administration of the state farm or other agricultural organisation of the state socialist sector.
(2) Organisations to which the mellioration detail has been submitted to permanent use or, where appropriate, to the administration of which it has been transferred, are obliged to operate and maintain the mellioration detail by their own cost (including general repairs); in the operation of irrigation (drainage) equipment, they must comply with the provisions of Section 7.
Final provisions
Regulation No 152 / 1955 of the Central Water Management Authority of the Ú. l., on the obligations of owners (users) of melliorated land in the operation and maintenance of the irrigation grid and drainage, drainage and small waste networks of the melliorative structures of the repealed water cooperatives is hereby repealed.
This decree shall take effect from the date of its publication.
Minister:
Strougal v. r.
*) Now the regional state institutes for planning agricultural and forestry construction.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 34 / 1960 Coll., on the obligations of owners (users) of melliinated land in the operation and maintenance of the irrigation grid and drainage, drainage and small waste networks of the melliorative buildings of deleted water cooperatives and on the operation and maintenance of these parts of the mellioric structures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.1960 |
|---|---|
| Effective from | 08.04.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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