Water Use Contract Laws In the field of Environmental Management

The provision of water bodies for use is carried out on the basis of a water use contract for the following purposes :

  • 1) abstraction (removal) of water resources from surface water bodies;
  • 2) use of the water area of ​​water bodies (including recreational purposes);
  • 3) the use of water bodies without taking (withdrawing) water resources for the purposes of generating electric energy.
  • The water use contract is not concluded in cases when a water body is used for navigation, one-time take-off or one-time landing of aircraft, water intake or withdrawal from an underground water body, water intake or withdrawal to ensure fire safety, water intake or withdrawal for sanitary, environmental and / or shipping releases or discharges of water, abstraction or withdrawal of water resources by ships in order to ensure the operation of ship’s mechanisms, devices and technical means in, of aquaculture and acclimatization of aquatic biological resources of the state monitoring of water bodies and other natural resources, conducting geological studies, as well as geophysical, geodetic, cartographic, topographic, hydrographic, diving, fishing, hunting, the implementation of traditional environmental management in the places of traditional residence of the small indigenous peoples.
  • The decision to transfer a water body for use is made by the executive authorities and local authorities, which undertake to transfer the water body or its part to the water user, and the water user undertakes to pay for the use of the water body. The main purpose of establishing fees for the use of a water body is to promote the rational use of a natural resource and the protection of a water body.
  • The water use contract must be registered in the state water registry. The contract is considered to be concluded from the date of registration. The standard form of a water use agreement is presented in the Resolution of the Government of the Russian Federation of March 12, 2008 No. 165 (as amended on September 28, 2015) “On the preparation and conclusion of a water use agreement”.

The essential terms of the water use agreement (see the Civil Code of the Russian Federation, the Russian Federation Committee) are as follows.

  • Information about the water body (the boundaries of the water body).
  • Purpose, types and conditions of use of the water body (part of the water body).
  • The term of the contract.
  • Procedure for termination of use of a water body (part of a water body).
  • The amount of payment for the use of the water body (part of the water body), the terms and conditions for making this payment.
  • Responsibilities of the parties.
  • Other conditions by agreement of the parties.

A water body can be transferred for use for no more than 20 years. If the water user fails to pay a fee for using a water body or part of a water body, then for each calendar day of delay in payment a fee is charged, taking into account the refinancing rate of the Central Bank of the Russian Federation and defined as 1/150 of the rate in effect at the time of charging fines. However, the amount of interest may not be more than 0.2% for each day of delay.

There are also fines for breach of a water use contract, which are established in the event that water is taken from a super-established contract. The amount of the fine in this case is five times the value of the fee for the use of the water body.

The use of forest plots is carried out on the basis of an agreement on the establishment of a servitude, a lease agreement for a forest plot, a contract of gratuitous use of land, a contract of permanent (perpetual) use of a forest plot.

  • The Subject of the Agreement.
  • Location of forest plantations (forest quarter; forest taxation allotment), the volume of timber to be harvested.
  • Characteristics and volume of cut wood.
  • The term of the contract is no more than one year.
  • Fees (established on the basis of the minimum fee, which is defined as the product of the rate of payment per unit volume of timber to be harvested).

To conclude an agreement on the results of the auction, a statement should be made to the state and local authorities. The application must include the following information:

  • 1) the name (full and abbreviated), the organizational and legal form of the applicant, his location, bank account details (only for a legal entity); surname, name, patronymic of the applicant, place of residence and data of the identity document (for an individual);
  • 2) the name of the forestry / forest park within which the purchase and sale of forest plantations will be carried out;
  • 3) type of use of forests, the required amount of wood, quality indicators of wood: commercial, wood wood; Spruce / other conifer trees for the New Year holidays.

When transferring land, water, and forest areas to use, an agreement on the establishment of a servitude, which is the establishment of restrictions on the use of these natural resources, may be concluded.

The servitude in nature management is a right of limited use of another natural object and belongs to the real right. If servitude is established in relation to the owner of the property, then this means that the property will be encumbered.

The object of a natural easement is someone else’s unused immovable property.

TThe following categories of users can be distinguished (article 39.9; 39.10 of the LC RF):

  • 1) budget, state and autonomous institutions;
  • 2) public authorities;
  • 3) local governments;
  • 4) historical heritage centers of the presidents of the Russian Federation who have ceased to exercise their authority;
  • 5) employees of organizations (official allotment);
  • 6) religious organizations;
  • 7) persons who have entered into civil contracts for the construction or reconstruction of real estate, at the expense of the federal budget or budget funds of a constituent entity of the Russian Federation (local budget funds) for a period corresponding to the deadline for the execution of these agreements, which are concluded on the basis of the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement of goods, works, services for state and municipal needs”;
  • 8) a citizen for his / her personal subsidiary farming, farming, for the purpose of carrying out agricultural activities and in carrying out other types of use established in accordance with the law;
  • 9) non-profit organizations created by citizens for the purpose of gardening, gardening, housing construction and in the exercise of other types of use established in accordance with the law;
  • 10) to persons belonging to the indigenous peoples of the North (Siberia or the Far East)
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