The definitions, applied to this Code, are used in the following definitions:

The Water Legislation of the Azerbaijan Republic consists of this Code and the other normative and legal documents, adopted with correspondence to this Code.

If the international agreements of the Azerbaijan Republic contain other regulations, related to the usage and protection of water objects, than those specified by this Code, then the regulations of the international agreements, joined by the Azerbaijan Republic, are being applied.

The relations, concerning the usage and protection of water and their water resources (the water relations), are being regulated by the Water Legislation of the Azerbaijan Republic.

The relations on usage of water are being regulated by the civil legislation, legislative acts on sanitary-and-epidemiologic welfare and other legislative acts along with this Code.

The relations on provision of drinking water and discharge of waste waters are regulated by the correspondent legislation of the Azerbaijan Republic along with this Code.

The relations on earth, forest, depths, flora and fauna, atmospheric air, exploration and protection of underground waters, as well as private and other administrative relations, emerging during the usage and protection of water objects, are regulated by the correspondent legislation of the Azerbaijan Republic along with this Code.

The objects of the water relations are the water fund of the Azerbaijan Republic (hereafter, ‘the water fund’) and the lands of the water fund.

Internal waters of the Azerbaijan Republic and belonging to the Azerbaijan Republic sector of the Caspian Sea (lake) (the water objects) constitute the water fund of the Azerbaijan Republic.

The water fund of the Azerbaijan Republic upon its residence in nature, physical and geographical, administrative and territorial characteristics and other features consists of the surface, underground, boundary water objects and the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic.

The surface water objects include the surface water streams, surface water reservoirs, glaciers and snow blankets, situated on the surface of the earth.

The surface water objects consist of the surface water part, bed, bottom and shore.

The surface water objects have multifunctional importance and can be used with one or several purposes simultaneously.

The underground water objects include the waters, concentrated in geological structures, situated in the depths.

The underground water objects include:

The surface and underground water objects, defining interstate border, crossing the border or being crossed by the State border of the Azerbaijan Republic, are applied to the boundary water objects.

The rules of usage and protection of the boundary water objects are determined by this Code, the legislation of the Azerbaijan Republic on the State border, international agreements and contracts, joined by the Azerbaijan Republic.

Rules of usage and protection of the sector of the Caspian Sea (lake), belonging to the Azerbaijan Republic are determined by this Code, other legislative acts of the Azerbaijan Republic, international legal acts joined by the Azerbaijan Republic.

The lands of the water fund include the following land areas:

The subjects of water relations are the Azerbaijan Republic, the Nakhchivan autonomous Republic, municipalities, users of water objects and water consumers.

On behalf of the Azerbaijan Republic and The Nakhchivan Autonomous Republic the correspondent organs of executive power participate in water relations in the framework of their authorities.

Municipalities participate in water relations in the framework of the authorities granted to them by the legislative acts, defining their status.

The users of water objects and water consumers participate in water relations in the order envisaged by the legislation of the Azerbaijan Republic with the purpose of satisfaction of their demands and realization of entrepreneurship activity.

The State ownership includes the following water objects:

The water objects in the State ownership can be granted for usage, for rent and municipal ownership in the order, defined by the legislation.

The State supervision in the issues of usage and protection of water objects, staying in the State ownership is being implemented by correspondent organs of executive power within the frames of their authorities.

The water objects of local importance, situated on the land zones, belonging to the municipal ownership, are transferred to the municipal ownership in the order, established by the legislation of the Azerbaijan Republic.

The water objects, belonging to the municipal ownership can be given for general usage, to use, for rent to physical and juridical persons, as well as to the ownership of the citizens and juridical persons of the Azerbaijan Republic in the order, established by the legislation of the Azerbaijan Republic. The State supervision as regards the usage and protection of the water objects belonging to the municipal ownership is implemented by the municipalities within the frames of authorities, granted by the legislation.

Small water reservoirs, situated on the private land areas, not having hydraulic connection with the other water objects and flows, can be given in private ownership in the order envisaged by the legislation of the Azerbaijan Republic.

The water objects can’t be given in private ownership to the persons which aren’t citizens of the Azerbaijan Republic nor to the juridical persons of foreign countries.

The forms of the State, municipal and private ownership are applied to the water industry objects.

The water industry objects, belonging to the State ownership, which are to transfer to municipal and private ownership, are defined by the correspondent legislation of the Azerbaijan Republic.

Management in usage and protection of water objects is based on the following principles:

Management system in usage and protection of water objects includes correspondent organs of executive power of the Azerbaijan Republic, correspondent objects of executive power of the Nakhchivan autonomous republic, users of water objects authorized in the order envisaged by the legislation, and municipalities.

The tasks of the State in usage and protection of water objects are:

The tasks of the Nakhchivan Autonomous Republic in the sphere of usage and protection of water objects are:

The authorities of municipalities in the sphere of usage and protection water objects are as follows:

Water industrial balances consist of comparative reporting materials on water resources and water demands on the correspondent territory.

Water industrial balances are constituted with the purpose of assessment of water resources availability in water objects on correspondent territories and their usage degree, and are used for the planning and decision making in the issues of the usage and protection of water objects. Water industrial balances are constituted upon the Republic, water basins and administrative territorial units by the correspondent organs of executive power.

The schemes of complex usage and protection of water resources unite in themselves the systematic research and project materials on condition of water resources and prospective of usage and protection of water objects

Schemes of complex usage and protection of water resources are worked out in order to define water industrial measures and prospective demand of the country in water resources, ensure of rational usage and protection of water objects, and also prevention and liquidation of consequences from the negative impact of waters.

Schemes of complex usage and protection of water resources are worked out by the correspondent organs of executive power. Rules of preparation coordination, State expertise, approval and realization of the schemes of complex usage and protection of water resources are established by the correspondent organ of executive power.

For preparation and realization of measures on usage, protection of water objects and prevention of negative impact of waters the State programs are worked out on the base of water industrial balances, schemes of complex usage and protection of water resources, data bank of the state water cadastre.

The state programs on usage and protection of water objects are worked out and implemented by the correspondent organs of executive power with the considering proposals of municipalities, users of water objects and social organizations in the order, established by the legislation.

State monitoring of water objects consists of a system of regular observations on hydrologic and hydro geologic indices of water objects with the purpose of timely revealing and evaluation of the current processes, forecast development of these processes and prevention of their negative impact, provision of efficiency of the conducted water protection measures.

The state monitoring of water objects is the main part of the state environment monitoring system.

The state monitoring of water objects is conducted by the correspondent organs of executive power in the order, established by the legislation of the Azerbaijan Republic.

The state water account consists of regular defining in the established order of quality and quantity of water resources, available on the correspondent territory.

The state water accounts purpose is provision of current and prospective planning of rational usage and protection of water objects.

The indicators of the State water account characterize condition of the surface and underground water objects upon their quantitative and qualitative indicators, their research and usage degree.

In the Azerbaijan Republic the state water account is held upon the unified system in the order established by the correspondent organ of executive power, and is based on the account reports of users o the water objects and the state monitoring.

The state water cadastre consists f the digest of data on water objects, water resources, usage of water objects and users of water objects. In the Azerbaijan Republic the state water cadastre is held on a unified system and is based on the data from the state water account.

Submission of the data by the users of the water objects to the correspondent orders of executive power, which is to be included into the state water cadastre, is obligatory.

The data of the state water cadastre is the basis for decision making by the correspondent organs of executive power.

The state water cadastre is held by the correspondent organs of executive power in the order established by the legislation of the Azerbaijan Republic.

The state ecological expertise, held with the purpose to define compliance of the projects for construction and reconstruction of industrial and other objects making an impact of water objects, to the established normative, technical conditions and demands, is implemented by the correspondent organs of executive power in the order established by the legislation of the Azerbaijan Republic.

The state control on usage and protection of water objects ensures the compliance of:

The rules of implementing the state control on usage and protection of water objects are established by the correspondent organ of executive power.

Regulation in the sphere of usage and protection of water objects consist of defining the limits of water usage and preparation and adoption sanitary, hygienic, ecologic, hydro geologic, hydrologic, technologic, metrological standards, norms and rules in the sphere of usage and protection of water objects.

Rules of regulation in the sphere of usage and protection water objects are established by the correspondent organ of executive power.

Enterprises, institutions, organizations and other juridical persons not depending of property forms (hereafter, ‘juridical persons’) citizens of the Azerbaijan Republic, foreigners, stateless persons (hereafter, ‘physical persons’) can be the users of water objects in the order envisaged by the legislation of the Azerbaijan Republic.

The users of water objects can transfer water for the usage of juridical and physical persons (consumers) in the order established by the legislation.

Rules and terms of water usage, mutual rights and obligations of the parties are regulated in accordance with agreements.

Juridical and physical persons, which are not the owners of water objects, may have the following rights for water objects:

Users of water objects realize the usage of water objects in the order established by this Code.

Users of water objects may manage the right of usage of water objects in the cases envisaged by this Code.

Leasing of water objects should be done in the order established by the legislation of the Azerbaijan Republic on Leasing, in accordance with this Code.

Changes of river-beds or other changes in location of water objects, unless it is envisaged by this Code, do not bring to a change or discontinuation of the right for water objects.

The water objects which are in the state property depending on the purpose of usage, resource potential and ecological condition can be given for long-term or short-term usage to physical or juridical persons in the order established by the legislation of the Azerbaijan Republic.

The right for a short-term usage of water objects is set up to three years, and for a long-term usage — up to twenty five years.

The term of the right for usage of water objects can be prolonged in the order established by the legislation.

The rights of juridical and physical persons, which have been granted the right for usage or ownership for water objects, can be constrained in the form of general and special water servitudes for the benefit of other persons.

In the form of water servitude any person, unless it is said otherwise in the legislation of the Azerbaijan Republic, can use the water object of general usage and other water objects.

Interested persons can use water objects, staying in special usage of other persons, in the form of special water servitude. Special water servitude can be established on the basis of court decision.

General rules on servitudes, envisaged by the Civil Code, are applied within the limits not contradicting to the requirements of this Code.

General and special water servitudes can be set up for the following purposes:

Other servitudes can also be established by the Water legislation of the Azerbaijan Republic.

For realization of water servitudes a permit is not required. (7)

The right of usage of water objects can be received in the order envisaged by the legislation of the Azerbaijan Republic. The forms of usage of water objects, requiring permit and regulations of permit issue are established by the correspondent organs of executive power.

In case of death of user of water objects — physical person or reorganization of the user of water objects — juridical person the right of usage of water objects passes on to their successors.

The right for usage of water objects can pass from one person to another in the order established by this Code under condition of not changing the purpose of usage of water objects.

The rights for usage of water objects, which are in the private ownership, are purchased in the order envisaged by the Civil Code, the Land Code and this Code.(7)

Water objects can be used for:

Water object or part of it can be given simultaneously for usage for one or several purposes.

Water objects of general purposes are the water objects which are open and can be used by anybody. Physical persons use these water objects to cover their need (swimming, boating, sports, amateur fishing, livestock pond, water diversion with no technical buildings, etc.) free of charge.

During the usage of water objects for general purposes the requirements of environment protection and state sanitary control organs, fish resources protection, navigation regulation organs, and also safety rules for people on waters, rational water usage and water protection rules must be followed.

In order to protect life and health of population and to create necessary sanitary conditions the correspondent organs of executive power and municipalities within the frames of their authorities can set up the places forbidden for swimming, boating, fishing, water diversion for drinking and domestic needs, livestock pond and other water usage, and also on the water objects situated on the territory of a city, district, village, settlement.

Permission for a general usage of water objects, which are under the ownership of physical and juridical persons and leased and in severalty can be given under the conditions set up by the owners and user of water objects or upon decision of correspondent organs of executive power.

Along the sides of water objects of general purposes the land stripes are assigned. Any person has the right to move on this land, use it for fishing, and ensure boats berthing.

Limitation for water usage on the water objects of general purposes can be allowed only in the cases envisaged by the legislation of the Azerbaijan Republic.

Water objects of general purposes are set up by the correspondent organs of executive power.

Water objects of individual usage are the water objects used by the limited group of people.

The water objects, staying in the state property, by decision of the correspondent organ of executive power can be transferred fully or partially for the limited usage with the purposes of defense, energetic, transport, and also other state or public needs in the order established by the legislation of the Azerbaijan Republic.

In the decision on the transfer of water objects into the limited usage the purpose and main conditions of the usage of water objects are shown.

When transferred into the limited usage the water objects are taken out of the number of water objects for general purposes.

In exceptional cases, the water objects transferred to the limited status, can be given for general purposes or withdrawn by decision of correspondent organ of executive power.(6)

Usage of water objects for special purposes is implemented on the basis of a permit with the use of technical facilities and equipment with the purposes to satisfy drinking, domestic, medical, sanitary and other needs of the population, and also agricultural and forestry, industrial, energetic, transport, fishing b and other state and community needs.

Ways of usage of water objects for special purposes are set up by correspondent organs of executive power. (7)

Limits of water usage are the accepted volumes of water diversion from water objects or discharge of water into water objects, established for users and consumers of each water object.

The rules of preparation and realization of the limits of water usage are set up by the correspondent organs of executive power.

Water objects are provided for usage on the basis of a permit or agreement on the water usage.

The surface water objects are provided for usage with condition of allocation of the part of water area, places of water diversion and water discharge in the order established by the legislation of the Azerbaijan Republic.

The underground waters are provided for usage in accordance with the water legislation of the Azerbaijan Republic and legislation of the Azerbaijan Republic on the depths.

Provision for usage of belonging to the Azerbaijan Republic sector of the Caspian Sea (lake), boundary water objects is realized in accordance with the legislation of the Azerbaijan Republic and international agreements, joined by the Azerbaijan Republic.(7)

Activity of water objects users, aimed towards antitrust and groundless competition, which results or may result in limitation of rights and legal interests of other users of water objects, and also other physical and juridical persons, is forbidden by law.

Correspondent organs of executive power are prohibited to take decisions and show activities, resulting in monopolization of water usage, creating unequal conditions for the activities of some users of water objects and, by this, violating the rights and legal interests of the other users of water objects.

Substantial violation of the rights and legal interests of the other users of water objects, bringing to monopolization in the sphere of water usage, entails application of sanctions, envisaged by the legislation of the Azerbaijan Republic.

In order to ensure defense and security of the country, health protection of population, environment and historical and cultural heritage, and also legal rights and interests of other persons, usage of water objects can be suspended and prohibited in the order established by the legislation of the Azerbaijan Republic.

Limitation, suspension or prohibition of usage of water objects is realized on the basis of appeal of correspondent organs of executive power, according to this Code and other legislative acts of the Azerbaijan Republic.

Water users have the following rights:

The violated rights of the users of water objects should be restored in the order established by the legislation of the Azerbaijan Republic.

The right of juridical and physical persons for water usage not depending of the form of ownership ceases in the cases:

Water users are obliged:

The losses, made to physical and juridical persons in the result of the arrangement of water industry measures, cease of right for usage of water objects or change of the terms of water usage is compensated in the order established by the legislation of the Azerbaijan Republic.

Water objects, where quality of water complies with the established sanitary norms and state standards, are provided for drinking and domestic needs of population.

Provision of population with drinking water is realized, as a rule, by the means of centralized water-supply constructions.

In the absence of running water for satisfaction of drinking and domestic needs of the population the water taken directly from rivers, water wells, kahrizes, springs and other water sources can be used only on condition that it corresponds the sanitary norms established by the legislation.

The natural water sources of settlements, used with purpose of satisfaction of drinking and domestic needs of population, are set up by municipalities in correspondence with legislation and accordance of the correspondent organs of executive power.

Usage of drinking water for the purposes not related with drinking and domestic needs as a rule is not allowed.

In the regions not having enough of surface water sources, but with big reserves of underground drinking water, these waters can be used for other purposes upon agreement of the correspondent organs of executive power.

The water objects situated on the territory of the Azerbaijan Republic and having natural curing features are referred to the category of medical objects by decree of correspondent organ of executive power.

Water objects, referred to the category of medical objects, are used primarily for medical and resort purposes.

As an exception, the usage of water objects, referred to the category of medical objects, for other purposes can be permitted by the agreement of correspondent organs of executive power.

Discharge of waste waters into water objects, referred to the category of medical objects, is not allowed.

Usage of water objects of general use with purposes of recreation and sports is allowed without getting a permit, with compliance to the requirements of the Article 36 of this Code.

To ensure organization of mass recreation and satisfaction of demands in sport activities, the water objects can be transferred fully or partially to the limited usage.

Usage of water objects for recreation and sports in cases and order, envisaged by the Articles 36 and 37 of this Code, can be prohibited and limited.

The rules of use of water objects for recreation and sports are set up by the Regulation, approved by the correspondent organ of executive power.(7)

Usage of water objects for the needs of agriculture is realized in the order of use for general and special purposes with compliance of limits of water usage.

Water usage in agriculture is realized on the basis of inter-industrial and general system plans.

The plans of inter-industrial water usage should be prepared by water users.

The plans of inter industrial water usage should be approved in the order established by the correspondent organ of executive power.

The plans of inter industrial water usage should take into consideration the demands in water of all consumers not depending on their forms and ways of ownership.

General system plans on water usage are being prepared upon irrigation systems of district and national importance.

General system plans on water usage are being prepared by the users of water objects on the basis of the plans of inter industrial water usage and agreements on water usage.

General system plans on water usage are being approved in the order established by the correspondent organ of executive power.

Agreements on water usage are being made between the users of water objects and consumers of water.

In the agreements the quantity and location of the provided water, terms, mutual obligations of the Parties and other information should be indicated.

The plan of water usage can be changed only upon agreement of the organ, which has approved it, in case of:

In emergency circumstances the users of water objects can change norms of water usage and temporarily suspend water delivery. They must immediately inform the water users and the correspondent organ of executive power, approved the plan of water usage, on the indicated measures. Not-delivered amount of water can be compensated afterwards depending on condition of water sources.

Agricultural enterprises, family peasant farms, other juridical and physical persons have rights to use springs, kahrizes, other water sources, to install water reservoirs and agricultural constructions on these water sources on the lands of agricultural purpose owned by them or granted to them for use in the order established by the legislation.

The indicated juridical and physical persons have a right to hold large scale irrigation works or implement the reorganization and liquidation of the implemented irrigation works on the lands owned by them or granted to them in accordance with the rules on usage and protection of waters, established by the correspondent organ of executive power.(5)

Usage of waste waters for agricultural needs can be made upon agreement with the correspondent organ of executive power.

Irrigation of forest belts and greenhouses is being made in the order of usage of water objects for agricultural needs.

Livestock passage through the channels and other hydro technical constructions, passage of tractors, agricultural vehicles, cars and other transport means through the territories of water objects not referred for this purpose is forbidden. Livestock pools allowed on the rivers, channels and other surface water reservoirs only in the presence of a specially appointed areas or places assigned for this purpose.

The places for the passage of transport means and agricultural vehicles, passage and pools of livestock are set up by the correspondent organ of executive power and marked with special signs.

The roads, where the livestock will be run, must be ensured with water in the order and in terms, defined by the correspondent organ of executive power.

For industrial purposes, as a rule, the technical waters are being used.

The persons, using water objects for industrial purposes, must follow the limits, technological norms and rules, established in regard of water usage, and also take measures to decrease water usage and to prevent waste water discharge by the way of improvement of industrial technology and water supply schemes.

The enterprise, using the drinking water for technical purposes in the order envisaged by the legislation, as a rule, must transfer into system of secondary and repeated water supply.

In terms of natural disaster, accident and in case of other emergency circumstances or when an enterprise uses drinking water beyond the referred limit the correspondent organs of executive power may limit or forbid water diversions from water pipelines for industrial purposes in favor of primary satisfaction of drinking and domestic needs of population, and also temporarily limit the water diversion for industrial purposes from drinking water pipelines, belonging to some enterprises, institutions and organizations.

The underground waters, referred to the category of drinking or medical waters, can be used for technical supply, industrial purposes, including extraction of chemical elements containing in water, production of thermal energy, and other purposes in the order established by the correspondent organs of executive power.

Mining operations on water objects, geological surveys and drilling works, construction of underground facilities is realized in correspondence with the legislation of the Azerbaijan Republic on depths and this Code.

Usage of water objects for needs of hydro energy is held in consideration of the interests of other spheres of economy, and also considering conditions of the complex water usage, in accordance with the rules, established by the correspondent organ of executive power.

The water objects granted for use of hydro energy can be simultaneously used for other purposes.

The enterprises of hydro energy are obligated to follow the rules on usage of water objects, fill-up of water reservoirs and their regime of exploitation, ensure free and safe passage of ships and ferries, and also allow fish to pass to the spawning places.

Rivers, lakes, water reservoirs, canals of the Azerbaijan Republic, the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic, other surface water objects, unless the use of them is not forbidden fully or partially or these objects are not transferred into the limited usage, are referred to be water ways of general use.

Juridical and physical persons may use the water ways of general use for passage of belonging to them means of water transport in the order established by the legislation of the Azerbaijan Republic.

Referring of water objects to category of water ways of general use, rules of their exploitation for the needs of water and air transport are set up by the correspondent organs of executive power in correspondence with the legislation of the Azerbaijan Republic.

Water objects of fish importance or a part of these objects, assigned for growth, breeding and catch of fish reserves in the order established by the legislation of the Azerbaijan Republic, are used for the needs of fish industry.

Juridical and physical persons, using water reservoirs of fish industry or their separate parts, must take measures on protection of these water reservoirs from pollution and contamination.

Users of water objects with agreement of the correspondent organs of executive power must hold measures on fish breeding and irrigation measures in fish industry, ensuring improvement of conditions of water reservoirs and reproduction of fish reserves, and also to keep places of installation of catching tools in sanitary conditions.

Juridical and physical persons can use pools, backwaters, dams, situated on the lands of their ownership or use, for breeding and catching fish.

Usage of water objects for breeding and catching fish is held in accordance with the rules approved by the correspondent organs of executive power.

All water reservoirs, except preserves, farms on fish growth and breeding, can be used for sporting and amateur fishing in consideration with the rules established by the legislation of the Azerbaijan Republic.

The correspondent organs of executive power must allot water reservoirs or some part of theirs for the indicated purposes.

Sporting and amateur fishing on water objects, allotted for organization of fishing farms, can be realized upon the consent of the owners and users of these objects.

The rights of water users on reservoirs or some parts of theirs, having great importance for protection and breeding of valuable breeds of fish, water animals and plants, can be limited in favor of fish industrial farm. The list of such water reservoirs and the rules of limitation of water usage are set up by the correspondent organs of executive power.

During exploitation of hydro technical and other constructions on water reservoirs of importance for fish industry the measures should be taken ensuring protection and reproduction of water reserves.

During water diversion from the water reservoirs of importance for fish industry they must be equipped with the fish protection facilities.

On the water reservoirs of importance for fish industry it is forbidden:

Water objects, which are the places of inhabitance of waterfowls and valuable fur-bearing animals, belonging to hunting objects, are transferred for usage with the hunting purposes in the order established by the legislation of the Azerbaijan Republic.

The rules of usage of water objects for needs of fishing and hunting farms are set up by the correspondent organs of executive power of the Azerbaijan Republic.

Water objects of a special scientific, historical, cultural, aesthetic and environment importance are the specially protected water objects.

These objects inviolable in the order established by the legislation of the Azerbaijan Republic.

The specially protected water objects in accordance with the legislation of the Azerbaijan Republic fully or partially, permanently or temporarily are taken out of industrial activity on the basis of request of the correspondent organs of executive power.

The specially protected water objects belong to the specially protected water objects of the national, zonal and local importance.

The specially protected water objects can exist in the form of a separate natural territory or a part of a specially protected natural territory, established by the legislation of the Azerbaijan Republic.

The following categories of the specially protected water objects are established:

Assignment of the specially protected water objects to categories is being made in the order established by the correspondent organs of executive power.

The legislation of the Azerbaijan Republic may consider also other categories of the specially protected water objects.

The rules of water usage on specially protected water objects are set up by the correspondent legislation.

In specially protected water objects it is forbidden to catch fish, hunt, collect water plants and hold other works, which change natural condition of these water objects.

Discharge of water to the specially protected water objects and to feeding it water reservoirs in the absence of other opportunities is allowed upon the consent of the correspondent organ of executive power with consideration of requirements of the Articles 77-79 of this Code.

The works which can change the natural condition of the specially protected water objects can be held only upon the consent of the correspondent organ of executive power.

Inviolability of specially protected water objects is withdrawn only in most urgent cases by the decree of the correspondent organ of executive power.

Usage of water objects for discharges of industrial, communal, domestic, derange and other waste waters is allowed in the order established by the legislation of the Azerbaijan Republic with the consent of the correspondent organ of executive power.

The rules of usage of water objects for discharges of waste waters are set up by the correspondent organ of executive power.

Discharge of waste waters into water objects is allowed only in those cases, when it does not bring to exceeding of quantity of contaminants in water objects, established norms, and the users of water objects arrange treatment of waste waters bringing them to the established norms.

Categorically forbidden to discharge waste waters into the water reservoirs, used as sources of drinking water or which feed underground waters good suitable for drinking.

In case of violation of the Article 78 of this Code the correspondent organs of executive power put limits or forbid the waste water discharge into water objects.

In case of danger of the waste water discharge for the health of population the functioning of the industrial constructions and organizations is ceased.

Water diversion for fire safety needs from all water objects is allowed.

The rules of usage of water objects for fire security needs are set up by the correspondent organ of executive power.

All waters (water objects) must be protected and defended of pollution, contamination, exhaustion, which may bring damage to the health of population, and also may cause decrease of fish reserves, worsening of conditions for water supply and other unfavorable phenomena as a result of changed physical, chemical, biological characteristics of waters, decrease of their abilities for natural self-cleaning, violation of hydrologic and hydro geologic regime of waters.

The rules of protection of waters (water objects), their defense from pollution, contamination and exhaustion, and also improvement of quality and regime of waters are set up by the correspondent organ of executive power.

In order to keep condition of water objects in correspondence with ecological requirements, prevention of pollution, contamination and exhaustion of surface and underground waters, and also protection of habitat of flora and fauna, the water protected zones are defined.

Water protected zone is a territory adjacent to the area of water of water object, where a special regime on usage, protection of natural resources and realization of industrial activities has been established.

Within the limits of the water protected zones the bank-protection strips are established. On bank-protection strips it is forbidden to plow and sow, to cut forests, to extract trees and bushes with roots, to place animal breeding farms and camps, cemeteries, dumps, and other ways of activities, except the cases envisaged by this Code.

On bank-protection strips on the basis of a permit it is allowed to place the objects of water supply, recreation, sporting, fishing and hunting farms, and also ports and hydro technical constructions.

The rules of definition of size, boundaries and usage of water protected zones, their bank-protection strips are set up by the correspondent organ of executive power.

Water protected zones of water objects, having springs of drinking water and places for spawning of fishes, in the order established by the legislation of the Azerbaijan Republic are announced as specially protected territories.(7)

The land lots, situated in the water protected zones, can be given for usage to physical and juridical persons in the order established by the land legislation of the Azerbaijan Republic and this Code, upon the consent of the correspondent organ of executive power.

The state control on observance of regime of usage and protection of natural resources, the other industrial activity of physical and juridical persons in water protected zones within their authorities are realized by the correspondent organs of executive power.

Physical and juridical persons, making impact on the quality of water with as result of their activities, are forbidden to:

Discharge of sewage waters into water objects can be allowed by following the requirements envisaged by the Articles 77-79 of this Code. (1, 8)

In order to protect waters, used for provision drinking and domestic needs of population, medical, resort and recreation purposes, in correspondence with the legislation of the Azerbaijan Republic the zones of sanitary protection are established.

In order to maintain favorable water regime of rivers, lakes, water reservoirs, canals, collectors, underground waters and other water objects, prevention of water and wind erosion of soils, silting of water reservoirs, worsening of conditions of habitat for water animals, decrease of excessive drainage of surface waters and in other purposes in the order envisaged by the legislation of the Azerbaijan Republic, the water-restraining and soil-protection forest belts are established around these objects.

Control over protection of the water protected forest belts is realized by the correspondent organ of executive power, which have right to suspend or discontinue the works, showing negative impact on condition of water objects.

The enterprises, whose activities impact negatively on surface water objects, jointly with the correspondent organs of executive power are obliged to hold actions on preservation of quantity, quality, cleanness of waters of surface water objects.

Water protected zones of surface water objects and rules of their usage are set up by the correspondent organ of executive power.

If during implementation of drilling and other mining works, held with regard of search, exploration and exploitation of fields of gas, oil and other minerals, the underground water bearing horizons are discovered, the organizations, implementing the mining works, should immediately report about it to the organs of executive power and to take measures on protection of underground waters in the established order.

The flowing wells, and also exploration wells, unserviceable or with discontinued exploitation, must be equipped with regulatory gadgets, closed and liquidated.

In zones of location of underground fields of drinking water it is not allowed to construct collectors of solid and liquid wastes, dumps, to place industrial, agricultural and other objects, activities of which may bring to pollution of the underground fields of water.

Control for protection of underground waters is realized by the correspondent organ of executive power in the order established by the legislation of the Azerbaijan Republic.

Allowable norms of harmful impact on water objects are set up by legislation on environment and water legislation.

Allowable norms of harmful impact on water objects are set up by the correspondent organ of executive power.

In order to maintain water objects in a condition, answering to correspondent ecological requirements, the issue of water (ecological water issue) from water reservoirs is realized and the volume of issue of waters without their reproduction is set up.

The volumes of ecological issue and diversion of waters without their reproduction are set up for each water objects by from water reservoirs in the order defined by the legislation of the Azerbaijan Republic.

Satisfaction of the needs of consumers at the account of ecological issue of waters is not allowed.

Water objects (part of these objects) and their lodgments, which may create danger to people, flora and fauna, environment in result of industrial activity or natural processes, can be declared by the correspondent organ of executive power as the zones of emergency ecological situation or ecological disaster.

The legal regime of the emergency ecological situation of ecological disaster is set up by the legislation of the Azerbaijan Republic.

The correspondent organ of executive power and users of water objects should take correspondent measures for liquidation of consequences of:

In order to prevent and liquidate consequences of harmful impact of waters in the cases, envisaged by the legislation of the Azerbaijan Republic, correspondent organs of executive power create special commissions. Decisions, adopted by these commissions within the frames of their authorities, are obligatory for physical and juridical persons.

Works on prevention and liquidation of consequences of emergency situation, created on territories of territorial units in the result of floods and mudflows, are organized by the correspondent organ of executive power and municipalities.

In cases of natural disasters and accidents on water objects the users of water objects should participate in holding actions on prevention and liquidation of consequences of harmful impact of waters. Such actions are realized by the way of coordination with the correspondent organ of executive power and municipalities. (2)

Basin agreements in the sphere of restoration and protection of water objects can be made in order to coordinate and unite the activity aimed towards restoration and protection of water objects.

Basin agreements are made between the correspondent organs of executive power, municipalities and water users.

In order to achieve the goals and tasks of basin agreement in accordance with the legislation of the Azerbaijan Republic a special water fund can be created for financing the actions related to restoration and protection of water objects.

Basin agreements are prepared on the basis of water industry balances, schemes of complex usage and protection of water resources, state programs and other projects on exploitation, restoration and protection of water objects upon proposal of the correspondent organ of executive power.

During placement, design, construction, re-construction and enter in exploitation of enterprises, buildings and other objects, affecting the condition of waters, and also while embedding new technological processes the rational usage of waters must be ensured with consideration of public opinion in condition of satisfaction of drinking and domestic needs of population. Simultaneously, the actions should be envisaged to ensure account of water, taken from and returned to water objects, protection of waters from contamination, limitation of soil flooding till the necessary minimal level, protection of soils from contamination, flooding or drainage, and also maintaining favorable natural conditions and landscapes.

During placement, design, construction, re-construction and enter in exploitation of new or re-constructed enterprises, buildings and other objects on the water reservoirs with importance for fish industry, along with the mentioned-above measures the other measures should be realized to ensure conditions for protection and breeding of fish, other water animals and plans.

Project of construction of enterprises, buildings and other objects, affecting condition of waters, should be prepared with consideration of opportunity to use the water objects for recreation and sports.

The rules of defining the place for construction of enterprises, buildings and other objects, affecting condition of waters, and the correspondent organ of executive power is in charge to coordinate in the issues of projecting of their construction, holding of state expertise and entering into exploitation

Enter in exploitation of new and re-constructed enterprises, buildings and other objects, affecting condition of waters, is forbidden if:

Economical regulation of measures on usage and protection of water objects is based on the principles of:

While defining the charge for water usage the cost of consumed water is taken as the basis.

Payment for water usage differs on separate water industry systems depending on quality of water, purpose of use (drinking, technical, irrigational, etc.), technical condition of water industrial objects, methods of diversion and pumping of water and other factors, influencing the volume of industrial expenses.

While calculating the payment for usage of underground water the expenses on their search, exploration and capacity learning are also taken into consideration in the order established by the legislation.

Application of privileges for water usage is established by the legislation of the Azerbaijan Republic.

Payment for water usage on water objects, which are situated on municipal property, is set up by the municipalities in the order established in the first section of this article.

Payment for water usage on water objects, which are situated on private property, is set up on the basis of agreement, made between the owners and water consumers.

The following types of payments for usage of water objects are established:

Types of payments, related to the usage of water objects, and the rules of their paying are established by the correspondent organ of executive power.

Measures on usage and protection of water objects of national importance are financed on the basis of the correspondent programs at the account of the state budget.

Measures on usage and protection of water objects, transferred to the limited usage and ownership, are financed by the owners and users of water objects.

Measures on prevention and liquidation of harmful impact of waters is realized in the order, established by the legislation at the account of users, owners of water objects, local budgets and state budget.

Disputes between physical and juridical persons on the issues of usage and protection of water objects are resolved legally in correspondence with the legislation of the Azerbaijan Republic.

Deals made with violation of the water legislation are not valid.

State officials and citizens, breaking the water legislation, carry civil, material, administrative and criminal responsibility in the order established by the legislation of the Azerbaijan Republic in the cases:

Correspondent organs of executive power in cases of violation of established rules on usage and protection of waters have the right to stop these works and usage of water from these sources.

The water objects captured without permission return to whom they belong without any reimbursement of expenses, made during illegal usage.

Physical and juridical persons are obliged to reimburse the losses made by violation of the water legislation in the order established by the legislation of the Azerbaijan Republic.