Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 6 / 1978 Coll.
Decree of the Ministry of Forestry and Water of the Slovak Socialist Republic laying down the obligations of watercourses managers and adapting certain questions concerning watercourses
Valid
Effective from 26.01.1978
6
DECLARATION
Ministry of Forestry and Water Management of the Slovak Socialist Republic
of 16 January 1978
laying down the obligations of watercourses managers and adapting certain questions concerning watercourses
The Ministry of Forestry and Water Management of the Slovak Socialist Republic, in agreement with the Federal Ministry of Finance, the Slovak Geodesy and Cartography and with the other competent central authorities of the state administration, 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
The water flow manager shall be obliged to exercise water flow management in such a way that the water flow is properly and comprehensively used for water management purposes as well as for other important interests of the company; In addition to the obligations laid down by the Water Law or the Water Management Act (1) and the provisions issued pursuant to them and, where appropriate, other generally binding legislation, the watermanager shall have the following additional obligations:
(a) records the decisions of the water authorities relating to 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 use of surface water in the water stream;
(d) ensure that the interests of recreation, fishing and other important interests of society are not undermined, and cooperate in creating and protecting the environment;
(e) monitor the quality of water as well as the removal of water, the discharge of waste water and other water management in the water stream;
(f) give incentives, proposals and observations to water authorities in cases of water shortages and other exceptional water-related situations;
(g) provide the water management authorities with the technical, economic and other supporting documents necessary for their water management activity, where available; (3) provide such supporting documents as well as water-relevant water-flow managers, (4) in whose catchment area is a small water-flow,
h) announces to the organisation entrusted with the Ministry of Forestry and Water of the Slovak Socialist Republic5), at the necessary intervals, the data necessary to compile and supplement the indicative water management plan, in particular to evaluate the stocks of surface water;
(i) report to the territorial authority of geodesy and cartography changes identified under Sections 7 and 11.
The water flow manager shall be obliged to maintain the water flow managed by it, to ensure that all its functions are properly provided and to that end also to manage the water management and water flow functions which are necessary for the management and, where appropriate, to serve the water flow predominantly or simultaneously fulfil more social functions. This obligation shall be fulfilled by:
(a) monitor water flow continuously and ensure its proper condition;
(b) to ensure the proper condition of the water works which are necessary for the management and operation 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 smooth flow in the water flow and allows the water operator to handle waters or other water flow activities, as appropriate, under the conditions of authorisation; in exceptional water-related situations only if hydrological conditions so permit;
(e) fulfil the obligations imposed by the flood plan or the relevant flood authority;
(f) cooperate according to specific regulations in the disposal of emergency deterioration of surface water quality and in the removal of its harmful effects, 7)
(g) remove barriers to water flow, unless such obligations are imposed by the waterworks (owners, users) of water works or real estate at the watercourse, or by the waterworks (owners, users). 8)
In addition to the obligations of the water flow manager under § 1 and § 2, the water management manager has the following additional obligations:
(a) establish, maintain and designate waterways and establish a fairway, 9)
(b) develop a comprehensive water quality management plan 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) at the request of the water operator authority or, where appropriate, the organisation entrusted with the Ministry of Forestry and Water Management of the Slovak Socialist Republic, shall draw up the necessary supporting documents and observations in respect of the indicative water management plan;
(d) carry out systematic checks on water quality in relation to the presence in specified profiles and monitor these inflows; the results of the checks, including water analyses, shall be submitted on request to the water authority or, where appropriate, to the Slovak water inspection,
(e) ensure that the handling arrangements for water works are also drawn up with regard to the possibility of ensuring water quality in water flow;
(f) collaborates with small water flow managers in the management of water-based tasks for which this is necessary for the needs of the entire river basin;
(g) keeps, in accordance with specific regulations, a summary water management register of the river basin, 10)
(h) propose to the competent water authority the establishment of protection zones for the protection of the salinity, quality and health of surface water sources in watercourses 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 obligations laid down in the Water Law, the Water Administration Act or the regulations issued pursuant thereto, or serious deficiencies 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.
(1) Where explosions are used in the activities carried out by the water flow manager in connection with its management or its functions or, where appropriate, its maintenance, where water flow is transferred or other activities relating to the interests of the fishing industry are carried out, the water flow manager shall notify that activity in writing to the competent operator of the fishing area or the undertaking of the State fishing in advance.
(2) The provisions of paragraph 1 shall not apply to cases of emergency deterioration of surface water quality and flood protection measures.
WATER FLOW CORYTS AND CHANGES THEREOF
Watercourses do not include waterworks or other structures in watercourses.
(1) When changing the riverbed of an unmodified watercourse resulting from the effect of the waters of that watercourse, the manager (owner, user) of the land concerned is entitled to return the watercourse at its own expense to the original riverbed. Such a measure may only be implemented if the change in the natural trough has not improved the outflow ratios; the findings shall be carried out by the competent water authority.
(2) If the change in the natural draught improves outflow ratios, the competent water management authority shall decide at the same time on the limit of the changed natural draught; (11) the legally protected interests of the administrator (owner, user) of the land by change of the property concerned and other social interests. 12)
In doubt about the watercourse boundary, the competent water management authority shall decide, taking into account natural, in particular water and geographical conditions, or, where appropriate, it may not be possible to decide on the basis of these considerations alone, also taking into account the coastal lines on neighbouring water-flow sections.
If a trough is changed by the effect of water flow with artificial or modified trough, the water flow manager shall return the water flow to the original trough.
If a watercourse manager whose natural trough has changed is not able to continue to use the land defined by the original trough for water purposes, he shall transfer it to the administration in accordance with specific regulations. 11)
If a patch or an island is formed in the water stream and the flow is impaired, the water flow manager shall remove them. Otherwise, the affected patches and islands must be managed in accordance with the national property management rules.
Watercourses islands not listed in the property register (without a parcel number) are part of the watercourse.
CONDITIONS OF THE RIVER MATERIALS
(1) The water-flow manager is entitled to benefit from river material13) without the authorisation of a water-management authority to the extent permitted by the proper performance of the water-flow management.
(2) Other organisations or, where appropriate, citizens (hereinafter referred to as "authorised") may benefit from river material only on the authorisation of a water operator.
(1) The water flow manager will allow the legitimate extraction of river material within the scope of the authorisation issued by the economic authority; the authorised person may not:
(a) damage watercourses and water works when mining;
(b) to create in the water stream a depth exceeding the specified depth or to create a load 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 powers of other users of the water flow and, where appropriate, 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) The beneficiary is obliged to focus and draw into the technical documentation the actual state of the extraction site and submit this documentation to the water flow manager.
(3) Water management authorities may impose additional conditions of extraction when authorising the extraction of river material.
If the creditor infringes the permit for the extraction of river material and, where applicable, the obligations laid down in Section 14, the water-flow manager shall request the water-management authority to revoke the permit for the extraction.
The relevant provisions of the Slovak National Council Act No. 42 / 1972 Coll., on the organisation and extension of supervision of the State Mining Administration also apply to the extraction of river material by organisations. If river material contains reserved minerals in conquest quantities, the provisions of Act No. 41 / 1957 Coll., on the use of mineral wealth (upper law) and its implementing provisions apply to its extraction.
Final provision
This decree shall take effect on the day of its publication.
Minister:
Ing. Margetine v. r.
1) Act SNR No. 135 / 1974 Coll., on State Administration in Water Management.
2) Sections 8, 9 and 10 of Act No. 138 / 1973 Coll., on Water (Water Act).
3) Paragraph 32 (2) of Act No. 138 / 1973 Coll., on Water (Water Act).
4) Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 10 / 1977 Coll., determining water flows and their catchment areas and establishing a list of water-related water flows.
5) Paragraph 8 (2) of the SNR Act No. 135 / 1974 Coll., on State Administration in the Water Economy.
6) § 41 of Act No. 138 / 1973 Coll., on Water (Water Act).
7) Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 23 / 1977 Coll., on the protection of the quality of surface and groundwater.
8) Articles 36 (1) (b) and 41 (1) (f) of Act No. 138 / 1973 Coll., on Water (Water Act).
9) Act No. 26 / 1964 Coll., on Inland Navigation, as amended by Act No. 126 / 1974 Coll.
10) Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 24 / 1977 Coll., on Water Management Registration.
11) Decree No. 156 / 1975 Coll., on the Administration of National Property.
12) For example, the Act on the Protection of the Agricultural Soil Fund (full text published under No 124 / 1976 Coll.).
13) Paragraph 10 (b) of Act No. 138 / 1973 Coll., on Water (Water Act).
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Regulation Information
| Citation | Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 6 / 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 | 26.01.1978 |
|---|---|
| Effective from | 26.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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