Law Information System CIELA

LAW FOR THE WATERS

Prom. SG. 67/27 Jul 1999, amend. SG. 81/6 Oct 2000, amend. SG. 34/6 Apr 2001, amend. SG. 41/24 Apr 2001, amend. SG. 108/14 Dec 2001, amend. SG. 47/10 May 2002, amend. SG. 74/30 Jul 2002, amend. SG. 91/25 Sep 2002, amend. SG. 42/9 May 2003, amend. SG. 69/5 Aug 2003, amend. SG. 84/23 Sep 2003, suppl. SG. 107/9 Dec 2003, amend. SG. 70/10 Aug 2004, amend. SG. 18/25 Feb 2005, amend. SG. 77/27 Sep 2005, amend. SG. 94/25 Nov 2005, amend. SG. 29/7 Apr 2006, amend. SG. 30/11 Apr 2006, amend. SG. 36/2 May 2006, amend. SG. 65/11 Aug 2006, corr. SG. 66/15 Aug 2006, amend. SG. 105/22 Dec 2006, amend. SG. 108/29 Dec 2006

Chapter one.

GENERAL PROVISIONS

Art. 1. This law shall provide the ownership and management of waters on the territory of the Republic of Bulgaria as a national indivisible natural resource and the ownership of the water economic systems and facilities.

Art. 2. (amend. - SG 65/06, in force from 11.08.2006) (1) The objective of this law is to provide an integral water management in community interest and protection of people’s health, and also to provide conditions for:

1. Provision of sufficient quantity of surface and underground waters of good quality for sustainable, balanced and reasonable water taking;

2. Reduction of water contamination;

3. Protection of surface and underground waters and the Black sea water space;

4. Termination of pollution of the aquatic environment with natural or synthetic substances;

5. Reduction of water outfalls, emissions and discharge of priority substances;

6. Termination of water outfalls, emissions and discharge of priority hazardous substances;

(2). The objectives under para 1 shall be achieved through:

1. Prevention of aggravation and protection and improvement of the condition of water environmental systems, of directly related to them land environmental systems and wet zones;

2. Encouragement of sustainable water use by means of long-term protection of available water resources;

3. Complex, multiple and effective use of water resources;

4. Implementation of measures for water environment protection and improvement;

5. Provision of continuous reduction of underground waters contamination and prevention of their contamination;

6. Reduction of consequences of floods and droughts.

Art. 2a. (new - SG 65/06, in force from 11.08.2006) (1) The objective under Art. 2 shall be achieved while observing the following principles:

1. Recognition of waters as essential for life resource and common heritage, which shall be subject to protection and safety;

2. Determination of each citizen’s right of access to water for potable and domestic purposes as a priority of the state policy and of the policy, implemented by the local self-governing bodies;

3. Determination of river basins as a basic unit of integrated water management;

4. Coordination of activities for achievement of a good condition of waters in trans-boarder river basins on basin and national level and scheduling of measures on the grounds of parity and support for national interests protection;

5. Implementation of scientific technical achievements in water management;

6. Application of economic regulators for achievement of sustainable water use and protection;

7. Prevention or reduction of hazardous waters impact, and reclamation of damages;

8. Prevention or reduction of water contamination at the source of contamination;

9. Maintenance and reclamation of vegetation and soil layer, related to waters reproduction;

10. The contaminator shall cover the expenses related to the measures for prevention, control and reduction of contamination, and for reclamation of damages;

11. Recompense of water services;

12. Reimbursement of expenses for water services, including of expenses for resources and environmental protection;

13. Provision to the community of timely, correct and comprehensible information about the condition of waters, scheduled measures and achieved results following their implementation;

14. Relevance between water protection activities and their sustainable use.

(2) Management of activities, related to water survey, protection and management, hydro-economic systems operation and management, shall be carried out by persons having got higher education and acquired "master" educational qualification degree in respective fields and a professional qualification of "Master in engineering".

Art. 3. Waters on the territory of the country shall be:

1. (amend. - SG 65/06, in force from 11.08.2006) the surface waters;

1. the surface waters and the waters of river mouths;

2. the ground waters, including the mineral waters;

3. the internal sea waters and the territorial sea.

4. (new - SG 65/06, in force from 11.08.2006) waters of the Danube river, Resovska river and Timok river within the state boarders of the Republic of Bulgaria.

Art. 4. (revoked – SG 65/06, in force from 11.08.2006)

Art. 5. The use of waters shall be implemented through water economic systems including facilities for extraction, preservation, conveyance, distribution, discharge and treatment of waters, for utilisation of the water energy and for protection from the harmful impact of waters.

Art. 6. The waters, the water sites and the water economic systems and facilities on the territory of the country shall be possible to be ownership of the state, the municipalities, individuals and legal persons.

Art. 7. The provision of the relations connected with the ownership of waters, the water sites and the water economic systems and facilities shall be based on the following principles:

1. public importance of water as valuable natural resource;

2. multipurpose use of waters and the water sites with regard to satisfaction of economic interests without damaging the public interests and the existing rights;

3. protection of the right of ownership in waters, water sites and water economic systems as far as exercising it is not damaging the entity and the unity of the hydrologic cycle and of the natural water system;

4. exercising of the right of ownership so that not be impaired the technological unity of the water economic system.

Art. 8. (1) (amend. - SG 65/06, in force from 11.08.2006) The common water taking and use of the water sites and the water taking for satisfaction of own needs shall be gratuitous.

(2) (amend. - SG 65/06, in force from 11.08.2006) For water taking and use of water sites for economic activity shall be paid a fee for the use of the natural resource as a guarantee for creating equal legal conditions for economic activity for all citizens and legal persons.

(3) The persons implementing the activities of para 1 and 2 shall be obliged to protect the environment.

Art. 9. (1) The waters of art. 3 shall be managed at national and at basin level.

(2) (amend. - SG 65/06, in force from 11.08.2006) Water management on a national level shall be carried out by the Minister of environment and waters.

(2) The management of waters at national level shall be exclusive right of the Council of Ministers exercised through the Ministry of Environment and Waters.

(3) For assisting the activity of para 2 at the Ministry of Environment and Waters shall be established Supreme consultative water council.

(4) (Amend. - SG 108/01; amend. - SG 65/06, in force from 11.08.2006) The Supreme consultative water council shall include representatives of the Ministry of Environment and Waters, Ministry of Regional Development and Public Works, Ministry of Agriculture and Forestry, Ministry of Economy and Energy, Ministry of Transport, Ministry of Health, Ministry of Finance, Ministry of State Policy for Disasters and Accidents, the Bulgarian Academy of Sciences, the municipalities, the non-profit legal persons, directly related with waters, etc.

(5) The Minister of Environment and Waters shall issue a Regulation for the structure and the activity of the Supreme consultative water council.

(6) The management at basin level within one or several watersheds shall be implemented by basin water management bodies.

Art. 10. (1) The state policy connected with the activities exploitation, construction, re-construction and modernisation of the water economic facilities shall be implemented by:

1. the Minister of Regional Development and Public Works - for water supply and sewerage systems and facilities of the settlements and for protection from the harmful impact of waters within the settlements;

2. (amend. - SG 65/06, in force from 11.08.2006) the Minister of Agriculture and Forestry - for hydromeliorative systems and facilities and for protection from the harmful impact of waters out of the settlements;

3. (amend. SG 108/01; amend. - SG 36/06, in force from 01.07.2006) the Minister of Economy and Energy - for hydro-energy systems and objects;

4. (amend. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters - for the water taking facilities for mineral waters, public state property.

(2) The policy connected with the activities for exploitation, construction, reconstruction and modernisation of water economic systems and facilities - municipal ownership, shall be implemented by the mayor of the municipality.

Chapter two.

RIGHT OF OWNERSHIP IN WATERS, WATER SITES AND WATER ECONOMIC SYSTEMS AND FACILITIES

Section I.

State ownership in the waters, the water sites and the water economic systems and facilities

Art. 11. Public state ownership shall be the following waters and water sites:

1. the waters of rivers and the adjacent land as well as the water in the reservoirs including these in dams and micro-dams;

2. natural lakes, lagoons, firths, swamps and marshy areas when they are located on land - state ownership;

3. the underground waters except the mineral waters regardless of whether they are located under state, municipal or private property.

4. the natural waterfalls and the adjacent strips depending on the natural landscape but not narrower than 10 meters on both sides of the waterfall;

5. the waters, in this number waste waters when they flow out of properties, public or private property and flow into waters - public state ownership.

Art. 12. (1) Public state property shall be the isles and the lands formed as a result of natural processes occurred in the rivers, the reservoirs and the isles in the internal sea waters and the territorial sea.

(2) Public state property shall be the continental shelf within the boundaries of the internal sea waters and the bank flooded strip of river Danube.

Art. 13. Public state property shall be the following water economic systems and facilities:

1. the complex and significant dams including their reservoirs and the collecting derivations, according to a list of appendix No 1 which shall be inseparable part of this law;

2. facilities and structures - immovable properties for measuring the quantity and the quality of the waters - public state ownership;

3. systems and facilities for protection from the harmful impact of waters, constructed with state funds - protection dikes, corrections of rivers and drainage systems except these of art. 19, item 4, item d;

4. the inspection drillings constructed with state funds.

Art. 14. (amend. - SG 65/06, in force from 11.08.2006) Exclusive state ownership shall be:

1. the internal sea waters and the territorial sea;

2. the mineral waters according to the list of appendix No 2 which shall be inseparable part of this law.

Art. 15. Public state ownership shall also be the land taken by the most internal belt of the sanitary - protection zones of the water sources and the facilities for drinking household water supply, public state ownership, and of the water sources of mineral waters of art. 14, item 2.

Art. 16. (1) The state ownership in waters announced as public under this law shall not be possible to be announced as private state ownership.

(2) Out of the ownership announced as public state ownership under this law the state shall be able to own or to acquire also right of ownership in waters, water sites and water economic systems and facilities for which the law provides that they could be subject to private ownership.

(3) The owners of farm lands and forests on which dams and water economic facilities have been constructed, which have not been indemnified for this by the due order, shall be indemnified by the order of art. 10b and art. 35 of the Law for ownership and use of farm land and of the Law for restoration of the ownership in forests and the land of forest entirety.

Art. 17. (1) The waters, the water sites and the water economic facilities - state ownership, shall be registered according to the requirements of the Law for the state ownership.

(2) The mineral waters shall be registered on the basis of information conceded by the Ministry of Environment and Waters.

(3) Copy of the acts for waters, water sites and the water economic facilities, compiled according to the provided order, shall be sent to the Ministry of Environment and Waters in two months term after the compiling of the acts.

(4) Para 3 shall be applied also for implemented corrections of the acts for state ownership.

(5) The Law for state ownership shall be applied for the waters, the water sites and the water economic systems and facilities - state ownership, as far as in this law other has not been provided.

Section II.

Municipal ownership in waters, water sites and water economic systems and facilities

Art. 18. (1) The ownership of the municipality in the waters, water sites and water economic systems and facilities shall be public and private municipal ownership.

(2) The public municipal ownership in waters shall not be possible to be announced private municipal ownership.

Art. 19. Public municipal ownership shall be:

1. the waters and the water sites, in this number natural springs, lakes and swamps when they are located on lands - municipal ownership, and are not waters and water sites of art. 11;

2. the waters, in this number the waste waters flowing out of properties, public or private property, and are flowing in waters - public municipal ownership;

3. the mineral waters, without these of art. 14, item 2;

4. (suppl. SG 34/2001) the water economy systems and facilities on the territory of the municipality except these included in the assets of commercial companies or Water Users Associations and these being constructed with funds or credits of the commercial companies or of the Water Users Associations:

a) the facilities and the systems for water supply of the settlements in the municipality, including the water treatment stations for drinking water;

b) the facilities and the systems for drainage and treatment of waters from the settlements;

c) (suppl. SG 34/2001) the dams and the micro-dams except these of art. 13, item 1 and those included in the assets of the commercial companies by the date this law enters into force or of the Water Users Associations, without the waters contained;

d) the protection dikes and the facilities and the systems for fostering the river beds within the settlements;

e) water transfer and distribution networks for mineral waters;

f) the lands of the most internal belt of the sanitary - protection zones of the water sources and the facilities except these of art. 15.

Art. 20. (1) At concluding a concession contract for waters, water sites, water economic systems and facilities - public municipal ownership, the municipal council shall determine:

1. the places for common use of waters and water sites;

2. the existing rights for use of the waters in the water reservoir.

(2) If the municipal council does not fulfil the conditions of para 1 the concessionaire shall not be able to prohibit the exercising of the rights pointed out.

(3) (revoked – SG 36/06, in force from 01.07.2006)

(4) (revoked – SG 36/06, in force from 01.07.2006)

(5) (amend. - SG 65/06, in force from 11.08.2006) To the person concluded concession contract shall not be possible to be imposed more strict conditions for the water taking and/or use than these pointed out at the coordination.

Art. 21. (amend., SG 81/00) (1) The mineral waters under art. 19, item 3 shall acquire title deed as public municipal property only in the presence of an issued certificate and/or a complex balneological assessment by the Ministry of Health and/or economic assessment by the Ministry of Environment and Waters.

(2) The order and the way of issuing the certificate and the assessments under para 1 shall be determined by the ordinance under art. 135, item 2.

(3) (amend. - SG 65/06, in force from 11.08.2006) Special right of water taking of mineral waters - public municipal property shall be granted only for approved exploitation resources of mineral waters.

(4) (amend. - SG 36/06, in force from 01.07.2006) The rationale of the concession under art. 21 of the Law for the Concessions for mineral waters - public municipal property shall be developed according to the methodological instructions approved by the Ministry of Environment and Waters for the preparation of concession rationale for granting concession for mineral waters.

(5) (amend. - SG 36/06, in force from 01.07.2006) The proposal of the mayor of the municipality according to art. 38, para 1 of the Law for the Concessions shall be coordinated with the Minister of Environment and Waters regarding the parameters of the concession and the conditions of guarding and monitoring of the mineral water.

(6) For granting right of using the waters under para 1 the owner of the real estate where the water source is located shall have an advantage in equal other conditions.

Art. 22. (1) Private municipal ownership shall be properties, waters, water sites and water economy systems and facilities acquired by the municipality apart from the properties described in art. 19.

(2) (suppl. SG 34/2001) Regarding waters, water sites and water economy systems and facilities - municipal property, shall be applied the Law for the municipal ownership as far as in this law and in the Law for the Water Users Associations other has not been provided.

Section III.

Private property of waters, water sites and water economy systems and facilities

Art. 23. The owner of the land shall be the owner of the waters and water sites on the property unless they are property of the state or municipality.

Art. 24. Private property shall be:

1. (amend., SG 81/00) the waters springing in the boundary of the private property except the mineral waters, while flowing in it if they are not captured or included in the water supply systems;

2. the lakes not fed by or through which do not flow state or municipal public property waters;

3. the precipitation waters collected within the boundaries of the property and the facilities constructed for that purpose;

4. waters flowing out of the water sites of items 1, 2 and 3, up to their inflow point into public state or public municipal ownership waters;

5. (amend. - SG 65/06, in force from 11.08.2006) lands, occupied by the waters of items 1, 2, 3 and 4;

6. the wells in the real estate;

7. the facilities and systems for use, transport and treatment of the waters which serve the respective property, as well as the facilities for prevention and mitigation of the consequences of the harmful effect of waters.

Art. 25. (revoked - SG 65/06, in force from 11.08.2006)

Art. 26. The ownership, use and disposition with the waters, the water sites and the water economy systems and facilities - private property, shall be implemented according to the general provisions about ownership as far as in this law other has not been provided.

Section IV.

Ownership in waters, the water sites and the water economy systems and facilities

Art. 27. The right of ownership in water site, water economy system or facility shall be possible to belong also in common to two or more persons when these objects are located in a co-owned property. In this case the ownership of the water site, the water economy system or facility shall follow the ownership of land unless other has not been provided.

Art. 28. (1) At implementing of subdivision of a co-owned property in which there is water site the detachment of real parts of the water site shall not be admitted.

(2) At implementing of subdivision of a co-owned property in which there is water site the co-owner who has right to bigger share of the property shall have priority for assigning the water site.

(3) The other owners shall receive the money equivalent of their shares in 14 days term after the subdivision contract is concluded, respectively after the court decision about the subdivision enters into force.

Art. 29. For the issues not provided in this law shall be applied the corresponding provisions of the Law for the ownership.

Section V.

Acquisition of rights of ownership in water sites, water economy systems and facilities

Art. 30. (1) The acquisition of the right of ownership in water sites, water economy systems and facilities shall be implemented through a legal transaction for the land in which they are located or as inheritance.

(2) No acquisition in prescription shall be admitted for water sites, water economy systems and facilities - public state and municipal ownership.

Art. 31. (1) When the waters of the river as a result of natural processes, in this number natural disasters, form a new bed and leave the old one the newly taken place shall become public state property and the left place shall remain public state property.

(2) In this case the affected owner shall be obliged to inform the body of art. 10, para 1, item 1 or 2, which shall in 6 months term on the basis of a technical - economic analysis undertake activities for correction of the occurred changes.

(3) (amend. SG 47/02) In case the undertaken measures lead to returning of the river to the old bed the affected owner of land shall restore the right of ownership in the parcel. If this is technically impossible or economically unfavourable, the affected land owners shall be substituted with equal land from the state or the municipal land entirety by the order of art. 10b of the Law for the ownership and use of farm land.

Art. 32. The owner of private water site shall not acquire the ownership in the land which the water covers in extraordinary floods.

Section VI.

Restrictions of the right of ownership

Art. 33. (1) The exercising of the right of ownership shall be possible to be restricted in the following cases:

1. (amend. - SG 65/06, in force from 11.08.2006) at implementing investigation and obtaining of underground waters and taking of spring waters in a private property;

2. at construction of new sites connected with the use, preservation or with the protection from the harmful impact of waters as well as for more expedient utilisation of the water resources.

3. (amend. - SG 65/06, in force from 11.08.2006) within the boundaries of sanitary – protection zones of water supply facilities for potable water and for water for domestic purposes and for mineral waters.

(2) If the implementation of the measures of para 1 deprives durably the owner from the use of the whole property or part of it, the property shall be compulsorily alienated by the order of the Law for the state ownership.

(3) (new - SG 65/06, in force from 11.08.2006) In cases pursuant to para 1, item 3, when the owner of the property is not permanently deprived from the whole property or part thereof, he/she shall be compensated according to a procedure, set out in the Ordinance under Art. 135, item 6.

(4) (prev. text of para 03 - SG 65/06, in force from 11.08.2006) The orders of the competent body issued on the ground pointed out in this section shall not be implemented before the act ordering the alienation of the affected property enters into force and before the payment of the defined remuneration.

Art. 34. (1) (amend. - SG 65/06, in force from 11.08.2006) Exploring and obtaining of underground waters and taking spring waters in a private property shall be possible to be implemented only after obtaining a permit for accomplishing the corresponding activity.

(2) The activities of para 1 shall be implemented on the ground of a written contract with the owner where are defined the conditions for accomplishing the activity and the due indemnification.

(3) The competent body according to the provisions of this section shall offer to the owner a draft contract which shall obligatory contain:

1. the necessary exploration and / or construction - mounting activities;

2. the part of the property which will be at disposal to the contractor for implementing the exploration of the construction;

3. the part of the property which will remain taken by the constructed facilities after the finish of the exploration or the construction;

4. the term for finishing the exploration or the construction;

5. the necessary works for reclamation of the terrain after accomplishing the exploration or the construction;

6. the money indemnification if during the exploration or the construction the owner is deprived from the opportunity to use his property as well as the order for payment of the indemnification;

7. annual money indemnification if part of the property remains taken by the constructed facilities after finishing the exploration or the construction; the money indemnification of this item shall be terminated after the restoration of the property in its original state;

8. other conditions which could create a guarantee for protection of the property and the calmness of the owner of the property.

(4) The affected owner shall be able to answer in one month term after receiving the proposal.

(5) If the affected owner does not accept the proposal within the term of para 4 shall be applied the rules for restriction of ownership and indemnification provided in this section.

Art. 35. (1) When there is no other opportunity shall be necessary water taking of spring waters in a property which is not state or municipal property to satisfy the drinking-household water supply of the region, the Minister of Regional Development and Public Works shall, on the basis of technical and economic investigations, issue an order for implementing the necessary activities for accomplishing the water taking.

(2) With an order of the Minister of Regional Development and Public Works shall obligatory be determined the circumstances pointed out in art. 34, para 3.

(3) The Minister of Regional Development and Public Works shall issue the order of para 1.

(4) The contractor of the construction shall be responsible for the damages caused to the owner of the affected property at non observing the rules for construction and of the conditions of the order of the Minister of Regional Development and Public Works.

(5) (amend. - SG 81/00; amend. - SG 65/06, in force from 11.08.2006) The person in which property is accomplished the water taking shall have right to gratuitous water taking in extent not more than 10 cubic m per 24 hours regardless of the received indemnification.

Art. 36. (1) For accomplishing of exploration of underground waters in a private property the Ministry of Environment and Waters shall issue an order with which are obligatory determined the circumstances of art. 34, para 3.

(2) The exploration of the underground waters shall be implemented accounting at maximum the interests of the owner.

(3) The person implemented the exploration shall bear responsibility for the caused damages in detraction from the conditions of the order of the Minister of Environment and Waters and from the special normative acts regulating the exploration of underground waters and the implementation of the reclamation works on the affected areas.

Art. 37. (1) The obtaining of underground waters in a private property shall be implemented only for waters with guaranteed drinking qualities, used for drinking and after accomplishing the construction works determined by the Minister of Regional Development and Public Works under the conditions and by the order of art. 35.

(2) The existing in the region of other opportunity for obtaining underground waters for drinking and household water supply from a property - state or municipal ownership, shall be ground for repealing the order of the Minister of Regional Development and Public Works.

Art. 38. (1) When is necessary the construction of new sites connected with the preservation of waters, or with the protection from the harmful impact of waters, as well as for satisfaction of such state or municipal needs that cannot be satisfied in another way, shall be admitted compulsory alienation of private properties, parts thereof or existing water economic facilities after preliminary and equal in value indemnification.

(2) (amend. - SG 65/06, in force from 11.08.2006) In the cases of para 1 the Minister of Regional Development and Public Works or the Minister of Agriculture and Forestry depending on their competence shall make request for compulsory alienation of the affected immovable property by the order of the Law for the state ownership.

(3) Basis for the compulsory alienation shall be the approved water economic plans containing technical and economic research, proving that the state or the municipal need cannot be satisfied in another way.

Chapter three.

USE OF WATERS AND WATER SITES

Art. 39. (amend. - SG 65/06, in force from 11.08.2006) The use of waters and water sites shall include water taking and use of the water site.

Art. 40. The use of waters and the water sites shall be:

1. common and individual according to whether the titularies of the right are unlimited number of persons or individually defined persons;

2. with permission or without permission according to whether the law provides issuing of individual administrative act as prerequisite for creating the right to use or the right to use is created by force of another legal fact;

3. (revoked – SG 36/06, in force from 01.07.2006)

Art. 41. (1) (amend. - SG 65/06, in force from 11.08.2006) The common water taking and use of water sites shall be the right of the citizens to use the waters and/or the water sites - public state or municipal ownership, for personal needs, recreation and water sports, watering of animals and swimming.

(2) (amend. - SG 65/06, in force from 11.08.2006) The conditions and the order for use of para 1 of the waters and the water sites shall be determined for public state ownership by the regional governor and for public municipal ownership - the municipal council, in compliance with the issued permits for water taking and use of water sites and in the way guaranteeing the preservation of the life and health of the population and of the environment.

(3) The regional governor - for the public state ownership, and the mayor of the municipality - for the public municipal ownership, shall be obliged to announce:

1. (amend. - SG 65/06, in force from 11.08.2006) the water sites, conceded for common water taking and use determining the places for this purpose;

2. (amend. - SG 65/06, in force from 11.08.2006) the requirements, the conditions or the prohibition for certain kind common water taking or use;

3. the permitted found individual rights to use as well as the rights to use which are forthcoming to be conceded;

4. (amend. - SG 65/06, in force from 11.08.2006) the scope and the designation of the adjacent land of the water sites of item 1 with regard to implement certain kinds common water taking or use, respectively restriction or prohibitions of other kinds of use as well as requirements to objects and activities compatible with the common water taking and use;

5. (amend. - SG 65/06, in force from 11.08.2006) the places for passing through private properties in the cases when for the common water taking and/or use the access to the water site is implemented through such properties after preliminary coordination with the owner of the property; if there is no consent the provisions of the Law for the territorial and urban development shall be applied.

(4) The announcement of para 3, items 1, 2 and 5 shall be implemented also by putting boards at the defined places, and of items 3 and 4 - by a public register.

Art. 42. (amend., SG 70/04.; amend. - SG 65/06, in force from 11.08.2006) The owner of a water site the water in which is public ownership as well as the owner of a private water site, shall be obliged to announce the restrictions for the common water taking or use, respectively the prohibition for this, through a publication or in another way. The restrictions and the prohibitions shall be possible to be imposed due to technological and hygienic-epidemiological considerations.

Art. 43. (1) The individual use of the waters and the water sites shall exist when the corresponding right is implemented by certain titular.

(2) (amend., SG 81/00) The physical persons being owners or users of an immovable property, located within the boundaries of settlements shall have the right to free of charge water taking of up to 10 c.m. per 24 hours for their own needs for the located on it surface and underground waters.

(3) (new - SG 65/06, in force from 11.08.2006) The provision of para 2 shall not apply with regard to taking of mineral waters.

(4) (prev. text of Para 03 - SG 65/06, in force from 11.08.2006) Apart from the cases of para 2 for the individual use of the waters and the water sites fees shall be paid, determined with a tariff of the Council of Ministers.

(5) (prev. text of Para 04 - SG 65/06, in force from 11.08.2006) At proven breaches of para 2 the body of art. 52, para 1, item 3 shall be able to oblige the titulary to mount measuring devices.

Art. 44. (1) (amend., SG 81/00; amend. - SG 65/06, in force from 11.08.2006) Permit for water taking shall be required in all cases except for:

1. the cases set forth in Art. 43, para 2;

2. the activities related to population protection in case of announced crisis pursuant to the procedure set out in the Law of crises management.

(2) (amend. - SG 65/06, in force from 11.08.2006) The water taking shall include taking away waters from the water sites and/or detraction from them as well as the utilisation of water energy.

(3) For transformation of water energy into electric energy through turbines with power up to 20 kW without detraction from the water flows permit by the order of this law shall not be required.

4) (amend. - SG 65/06, in force from 11.08.2006) The construction of a well for individual gratuitous underground water taking shall take place without a permit being necessary but after the owner notifies the Director of the respective Basin Directorate.

(5) (amend. - SG 65/06, in force from 11.08.2006) The owner or the user of the property where a well has been constructed under the conditions of para 4 shall be obliged in three months term after the construction to announce it to the respective Basin Directorate for entering in the register pursuant to Art. 118d, para 3, item 5.

(6) (amend. - SG 65/06, in force from 11.08.2006) When the property is within the boundaries of the sanitary-protection zones of mineral waters taking facilities as well as in the regions with liquidated geotechnological obtaining of uranium a permit for hydro-geological investigation, for construction of the underground water taking facilities and for water taking by the order of this law shall be required.

Art. 45. (revoked - SG 65/06, in force from 11.08.2006)

Art. 46. (amend. - SG 65/06, in force from 11.08.2006) (1) Permit for use of water site shall be issued for:

1. construction of new, reconstruction or modernisation of existing systems and facilities for:

a) adjusting the outflow;

b) linear infrastructure crossing water sites - aqueducts, bridges, transfer networks and conduits;

c) survey and monitoring of underground waters;

d) protection from the harmful impact of waters;

e) discharge of waters;

f) ports and quays;

g) recreation and water sports;

h) water taking from surface or underground waters;

i) re-injection and for injection of waters, for artificial feeding of underground waters and for discharging of contaminants in underground waters in cases pursuant to Art. 118a, para 2.

2. aqua-cultures and related to them activities;

3. outfall of waste waters in surface waters

4. removal of alluvial deposits from surface water sites;

5. re-injection or injection of waters in underground water sites;

6. artificial feeding of underground waters;

7. discharging of contaminants in underground waters in cases pursuant to Art. 118a, para 2.

8. injection of natural gas or liquefied oil gas in underground water sites;

9. other objectives apart from the general use, including human activities, in the course of implementation of which significant impact on the natural condition of waters or water site is observed.

(2) Construction of structures, civil engineering facilities, buildings and others, where there is or it is possible to have a contact with underground waters, shall be carried out pursuant to the provisions of the Law of the spatial planning with meeting the requirements for underground waters protection as per Chapter eight.

(3) The permit pursuant to para 1, item 3 shall be issued by the order of this law except for in the cases when issuing of an integral permit pursuant to the provisions of the Law for environmental protection is provided.

(4) No permit for usage of water site is required under Para 1, Item 3 in case of outfall of domestic waste waters for objects outside residential areas and settlements with:

1. maximum daily water quantity of up to 10 m3 per 24 hous and up to 50 equivalent residents, and

2. provided minimum primary treatment of waste waters.

Art. 46a. (new - SG 65/06, in force from 11.08.2006) Presentation of a permit pursuant to Art. 44 and 46 shall be a prerequisite for project approval and for granting a construction permit pursuant to the provisions of the Law of the spatial planning.

Art. 47. (amend. - SG 36/06, in force from 01.07.2006) (1) (amend. - SG 65/06, in force from 11.08.2006) Concession for obtaining of mineral waters - exclusive state ownership, shall be granted through holding an open procedure under the terms and conditions and pursuant to the provisions of the Law of the Concessions.

(2) (amend. - SG 65/06, in force from 11.08.2006) Concession for obtaining of mineral waters shall be granted when water taking is intended for:

1. bottling of natural mineral water and/or soda and other beverages including in their contents mineral water;

2. extraction of valuable substances;

3. (suppl. - SG 65/06, in force from 11.08.2006) Obtaining of hydro-thermal energy for heating supply pursuant to the provisions of Art. 125 of the Law of energy at hydro-geothermal energy power exceeding 5 MW.

(3) (amend. - SG 65/06, in force from 11.08.2006) Concession for obtaining mineral waters shall be granted accounting for the needs of the medical establishments for hospital care and the common water taking for drinking and filling.

(4) At granting of concession for obtaining mineral water - exclusive state ownership, part of the concession payment, not less than 30 percent, defined with the decision of the Council of Ministers for opening of procedure for concession granting, shall be paid by the concessionaire to the municipality on which territory is established the concession right.

(5) (new - SG 65/06, in force from 11.08.2006) Water taking facility and internal belt of its sanitary-protection zone shall be included in the subject of concession under para 1.

(6) (new - SG 65/06, in force from 11.08.2006) When carrying out the procedure under para 1 and evaluation of quotations the heaviest rate shall have the following criteria:

1. The amount of concession payment;

2. The term of concession;

3. The amount of provided guarantee;

(7) (new - SG 65/06, in force from 11.08.2006) The provisions of para 5 shall not apply in cases, when the water taking facility and he internal belt of its sanitary-protection zone are included in another granted concession.

(8) (new - SG 65/06, in force from 11.08.2006; revoked – SG 108/06, in force from 01.01.2007)

Art. 47a. (new - SG 36/06, in force from 01.07.2006) Concession for construction or concession for service for water economy systems and facilities and connected with water sites, as well as for hydro-technical, hydro-energy, hydro-melioration, water supply and sewerage systems and facilities shall be granted under the conditions and the order of the Law for the Concessions.

Art. 48. (1) (amend. - SG 65/06, in force from 11.08.2006) The water users shall have the obligation to:

1. use rationally the water resources, decrease the water losses, taking care of the preservation of the environment;

2. use the waters and the water sites in compliance with the objectives and the conditions of conceding;

3. maintain the necessary water quality in compliance with the normative requirements and the conditions of the permit;

4. (Suppl. - SG 41/01) not admit breaching of public interests and acquired rights, including the rights for carrying out economic fishing and other fishery activities under the conditions and by the order of the Law for the fishery and aquatic species;

5. (amend. - SG 65/06, in force from 11.08.2006) determine with a project the sanitary - protection zones, the facilities for drinking-household water supply and these for mineral waters, used for healing, prophylactic, drinking and daily needs, bottling, hygienic purposes, sport and recreation, and to maintain in the necessary status the defined internal belt and the flooded strips along the banks in compliance with the normative requirements;

6. measure and keep account of the taken and used waters, the transported and discharged waters, the levels of the underground waters, and for hydro-technical support facilities - about the water levels up to the maximum level as well as about the polluting substances, according to the explicit conditions pointed out in the permit;

7. (amend. - SG 70/04) implement technological, hydro-technical, agro-technical, water preservation, hygienic-epidemiological and other measures when this is provided in the conditions at conceding the use;

8. ensure free access to the state and municipal bodies empowered to apply the provisions of the law ;

9. conclude contracts with the subscribers at conceding water services;

10. (amend. - SG 65/06, in force from 11.08.2006) notify timely the subscribers about breach of the contracted regime of the water taking.

(2) (amend. - SG 65/06, in force from 11.08.2006) The water users being water supply and sewage system operators pursuant to Art. 2 of the Law for water supply and sewage services regulation and provide water supply service of drinkable water and water for domestic purposes shall be obliged to:

1. Undertake all necessary measures to provide safe and clean drinkable water to users;

2. Carry out monitoring of the quality of water for drinking and for domestic purposes and provide the results of the accomplished monitoring to the bodies pursuant to Art. 155a and 189 following the procedure set forth in the Ordinance under Art. 135, item 3;

3. Inform concerned users in case of identified discrepancies in the quality of water for drinking and for domestic needs, provided that these discrepancies can cause health risk.

(3) (new - SG 65/06, in force from 12.08.2007) In cases when water for drinking and for domestic purposes has any discrepancies from the requirements set out in the Ordinance under Art. 135, item 3 and there is no alternative of water supply, the persons under para 2 can provide the service of water supply for drinking and domestic purposes only upon granting a permit pursuant to Art. 155a, para 1, item 1.

Art. 49. (1) (amend. - SG 65/06, in force from 11.08.2006) In the sense of this law public interests are violated when as a result of water taking or use is created a danger of:

1. (amend. - SG 65/06, in force from 11.08.2006) restriction of the common water taking or use;

2. threatening the defence and the security of the country;

3. breaching the conditions of the river basin management plans;

4. negative impact over the banks, the facilities, the water quality or protected territories or lavish water use.

(2) (amend. - SG 65/06, in force from 11.08.2006) Public interests are violated also with production and distribution in the commercial network bottled natural mineral waters, carbonated or other beverages, containing mineral water without the corresponding certificate without legal grounds and not in compliance with the statutory provisions.

(3) Acquired rights shall be:

1. (amend. - SG 65/06, in force from 11.08.2006) rights to water taking and use for which permits have been issued and which are exercised by the force of this law

2. (amend. - SG 36/06, in force from 01.07.2006) concession;

3. real rights established according to the civil legislation.

Chapter four.

PERMIT REGIME

Section I.

General provisions

Art. 50. (1) (amend. - SG 65/06, in force from 11.08.2006) Permit shall be issued for water taking and for use of water site.

(2) (amend. - SG 65/06, in force from 11.08.2006) For issuing the permits for water taking and for use of water site fees shall be paid, determined with a tariff of the Council of Ministers.

(3) (amend. - SG 65/06, in force from 11.08.2006) When the nature of the activity for which a permit is applied for includes simultaneous water taking and use of the water site one common permit shall be issued, containing the conditions for water taking and for use of the water site.

(4) (amend. - SG 65/06, in force from 11.08.2006) At permitting the water taking shall be observed the following order for satisfaction of the requirements:

1. (amend. - SG 65/06, in force from 11.08.2006) for drinking and domestic purposes;

1. drinking-household water supply;

2. healing and prophylactics - only for mineral waters;

3. (amend. - SG 65/06, in force from 11.08.2006) for agricultural purposes;

4. (amend. - SG 65/06, in force from 11.08.2006) other purposes, including for industrial purposes, recreation and hydro-power generation.

(5) (amend. - SG 65/06, in force from 11.08.2006) The priorities of para 4 shall be applied observing the environmental protection requirements.

Art. 51. (amend. - SG 65/06, in force from 11.08.2006) For implementing borehole and/or mining activity in regions with significant underground water resources coordination with the Ministry of Environment and Waters with regard to the conditions for use of the water sites containing underground waters shall be required.

Art. 52. (1) Permit shall be issued by:

1. The Council of Ministers - for the needs of defence and the national security;

2. (amend. - SG 65/06, in force from 11.08.2006) The Minister of environment and waters for:

a) water taking;

aa) from the dams pursuant to Appendix No. 1;

bb) From mineral waters pursuant to Art. 14, item 2 provided that they are not under granted concession;

cc) For the purpose of backwatering of newly constructed water sites;

b) transfer of waters between river basins;

c) use of a water site, including for:

aa) the dams pursuant to Appendix No. 1;

bb) internal sea waters, for the territorial sea and for the Danube river, except for their use for waterborne transportation purposes;

cc) discharging of contaminants in underground waters in cases under Art. 118a, para 2;

dd) hydro-geological surveys;

ee) construction and reconstruction of facilities for underground waters;

ff) re-injection or injection of waters into underground waters;

gg) injection of natural gas or liquefied oil gas into underground water sites;

hh) outfall of waste waters into the Danube river, Black sea and dams under Appendix No.1.

3. (amend. - SG 65/06, in force from 11.08.2006) the Director of the Basin Directorate for all other cases of water taking and use of water sites - public state ownership, out of these pointed out in item 2.

(2) Permits for use of water sites - parts of Danube river, the internal sea waters or the territorial sea, shall be issued by the Minister of Environment and Waters after consent by the Ministry of Defence and the Ministry of Transport.

Art. 53. The waters of the complex and important dams according to appendix No 1 shall be used by order and in a way established with an order of the Minister of Environment and Waters at a proposal by the interested water users.

Art. 54. The construction of derivations for transfer of waters between river basins shall be implemented with a decision of the National Assembly.

Art. 55. At issuing permits the bodies of art. 52, para 1 shall account for:

1. the existing water resources;

2. the needs of the candidate for water user, respectively user of water site;

3. the condition of the water site;

4. the acquired rights.

Art. 56. (amend. - SG 65/06, in force from 11.08.2006) (1) The permit for water taking under Art. 44 and the permit for use of a water site under Art. 46 shall contain:

1. Name of issuing body;

2. Reference number and date of issue of the act;

3. Legal and factual grounds for issuing the act;

4. Full name and permanent address of the permit holder – for natural persons, respectively company and seat – for legal persons and sole entrepreneurs, registered under the Commercial Law;

5. Personal ID number of physical persons or Unified Identification Code of legal persons and one man companies;

6. Purpose of use;

7. Water site – subject of use;

8. Place of use, including geographical location of facilities or area subject to use;

9. Locality, administrative territorial and territorial unit, code according to the Unified classifier of administrative territorial and territorial units – for each place of use;

10. Parameters of permitted use;

11. Facilities for water use, facilities technical parameters and equipment;

12. Validity of the permit;

13. Liability for payment of a fee and individual criteria for determination of the fee for the granted right of use of waters;

14. Obligations to carry out internal monitoring and specific requirements to the monitoring points and to the monitoring program;

15. Terms and conditions, under which the right of use of waters shall be granted;

16. Controlling body.

(2) The permit for water taking under Art. 44, apart from the requisites under para 1, shall also contain the following:

1. distribution of permitted volumes;

2. minimum allowable run-off into the river – in case of water taking from surface waters;

3. maximum allowable lowering – in case of water taking from underground waters;

4. Initial date of exercising of the water taking right;

5. Terms and conditions of installation of measuring facilities for the taken water quantities;

(3) The permit for use of a water site for discharging of contaminants in underground waters under Art. 46, para 1, item 7 and permit for re-injection or for injection under Art. 46, para 1, items 5 and 8, apart from the requisites under para 1, shall also contain the following:

1. way of discharging, re-injection or injection;

2. specific measures with explicit indication of the nature and concentrations of substances in discharged waters;

3. characteristic of the underground water body, in which waters are being discharged, and proximity to other underground water bodies, which may be affected;

4. terms and conditions of installation of measuring devices for the discharged, re-injected or injected quantities.

(4) The permit for use of a water site for outfall of waste waters into surface waters under Art. 46, para 1, item 3, apart from the requisites under para 1, shall also contain the following:

1. data about the object, generating waste waters, about its owner and its user;

2. data from the permit for water taking or from the contract for provided water service;

3. individual emission limitations of all typical properties of waste waters by streams and outfall points;

4. term for achievement of individual emissions limitations;

5. terms and conditions of installation of measuring devices for out fallen water quantities.

(5) In the permits other terms and conditions shall be set out pursuant to the provisions of Art. 135.

(6) Diagrams and/or maps in an appropriate scale can be attached to the permit depending on the specifics of the permit for water taking or for use of a water site.

(7) Integral part of the permit for water taking from the complex and important dams under Appendix No. 1 shall be regime schedules, issued by the Minister of environment and waters.

Art. 57. (1) The permit shall be issued for a term:

1. (amend. - SG 65/06, in force from 11.08.2006) up to 35 years for backwatering of and water taking from complex dams for hydro-energy and hydro-melioration objectives;

2. (amend. - SG 65/06, in force from 11.08.2006) up to 25 years - for water taking with objective drinking-household water supply

2a. (new - SG 65/06, in force from 11.08.2006) up to 6 years for using a water site for outfall of waste waters into surface water bodies;

3. up to 10 years - in the other cases.

(2) (revoked - SG 65/06, in force from 11.08.2006)

Art. 58. (1) Permit shall not be required, but only 30 days preliminary written notification of the basin directorate is necessary, if the owner or the user of an immovable property has the intention to implement the following activities:

1. development, modernisation or technological renovation of the existing installations and technological processes leading to insignificant changes of the quantity and quality of the used waters, determined in the already issued permit;

2. use of surface waters putting temporary detracting facilities necessary for the construction of certain construction site if the taken water quantity is less than 10 l/s and the achieved outflow after the use influences insignificantly the quality of the waters.

(2) In the cases of para 1, items 1 and 2 the owner or the user of the immovable property where is implemented the use of waters and the water sites shall present information about the planned activities from which to be evident what is the amount and the character of the activity and what measures are provided for the preservation of waters.

(3) If the director of the basin directorate decides that the planned activity does not meet the requirements of para 1 he shall inform the owner within the term of para 1 about the necessity of issuing the permit.

Art. 59. (1) (amend. - SG 65/06, in force from 11.08.2006) The permit shall be issued on the basis of documents under Art. 60, para 9, prepared on the grounds of official and updated data of metheorologic, hydrologic, hydro-chemical and other investigations.

(2) Documents of art. 60, para 9 shall be prepared by persons, having professional qualification "master in engineering" in the subject, related to the type of requested permit and shall be registered pursuant to:

1. the provisions of the Law for the chamber of architects and engineers in investment engineering – when for the issuing of the permit presentation of an investment project as set forth in the Law of the spatial planning is required;

2. the procedure and under the provisions of Art. 118d – in cases of issuing permits for underground waters.

Section II.

Conditions and order for issuing the permit

Art. 60. (amend. - SG 65/06, in force from 11.08.2006) (1) For opening the procedure for issuing a permit the candidates shall submit an application, in which data required in art. 56, para 1, items 4 – 9, as well as a mailing address, telephone and fax number for contacts with the physical person or with the person, managing and representing the company pursuant to Art. 56, para 1, item 4 shall be indicated.

(2) To the applications of para 1 shall also be attached:

1. Document of a paid fee for issuing of the permit;

2. certified copy of updated certificate of entering into the commercial register – for legal persons and sole enterpreneurs, issued within three months prior to submission of application;

3. copy of the identification card of BULSTAT register;

4. enforced decision about the environmental impact assessment or a decision for non-implementing environmental impact assessment in the cases set forth in the Law of Preservation of Environment for investment proposals and/or permits, directly related to the requested permit;

5. updated outline or lay out of properties, where the activities shall be carried out, certified by the respective competent body;

6. document, certifying facilities owner consent in cases, when water taking or the use of water site is related to usage of existing facilities.

(3) When the application is for granting a permit for water taking from surface waters, to the application shall also be attached:

1. Documents, certifying consent of owners of properties, which shall be affected by the backwatering and construction of facilities, provided that the facilities have not been constructed;

2. Coordinating justifications of competent bodies, related to existing infrastructure being affected and optional changes of the purpose of use of agricultural lands and of forests and lands of forest reserves, which are to be affected;

3. Comparative assessment of energy benefits and environmental damages – in case of electricity production with water power plants.

(4) When the application is for granting a permit for use of surface water site, except for outfall of waste waters, to the application shall also be attached:

1. In the cases under Art. 46, para 1, item 2:

a) coordinating justifications issued by the General staff of the navy of the Republic of Bulgaria and by the Executive Agency "Maritime Administration" in cases of use of sea waters;

b) coordinating justification issued by the Executive Agency Fisheries and Aquacultures with regard to the zones of fishing business and zones of fish farming in large dams, determined pursuant to the provisions of regulation under Art. 15 of the Law of the Fishery and Aquacutures;

2. in cases under Art. 46, para 1, item 4, when the water site is used for excavation of alluvial deposits – comparative assessment of benefits of activities and environmental damages;

3. in cases under Art. 46, para 1, item 4, when the water site is used for recreation and water sports through sailing facilities – preliminary contract for transportation of waste waters and domestic waste and/or a project of waste waters treatment in cases when these are generated as a result of the operation of the sailing facility;

4. in cases under Art. 46, para 1, item 9, when the water site is used for construction of facilities – coordinating justifications issued by the competent bodies, related to existing infrastructure being affected and optional changes of the purpose of use of agricultural lands and of forests and lands of forest reserves, which are to be affected;

(5) When the application is for granting a permit for water taking from underground waters, to the application shall also be attached:

1. Documents, certifying consent of owners of properties, which shall belong to the sanitary-protection zones – in case of water taking for the purposes of independent drinking-household water supply;

2. Development plan, approved pursuant to the provisions of the Law of the spatial planning – in case of water taking from mineral waters.

(6) When the application is for granting a permit for usage of a water site for construction of facilities for underground waters under Art. 46, para 1, item 1, letters "c", "h" and "i", to the application shall also be attached:

1. deed of ownership or certified by a notary public written consent of the owner of the property, on which the facilities are to be constructed;

2. documents under para 5, item 1 – in case of construction of facilities for the purposes of independent drinking-household water supply.

(7) When the application is for granting a permit for usage of a water site under Art. 46, para 1, item 5, 7 and 8, to the application shall be attached a report on the results of hydro-geological survey, including assessment of risk of underground waters contamination.

(8) For granting the permit under Art. 46, para 1, item 3 for objects under engineering to the application of para 1 shall be attached feasibility studies pursuant to Art. 138 of the Law for the spatial planning.

(9) For granting the permit under Art. 44 and 46 to the application in para 1 shall be attached documents set forth in the regulation under:

1. Art. 135, item 1a – in cases under para 3 and 4;

2. Art. 135, item 2 – in cases under para 5, 6 and 7;

3. Art. 135, item 13 – in cases under para 8.

(10) Comparative assessment of benefits of activities and environmental damages shall be carried out under conditions and pursuant to the procedure, set out in the regulation in Art. 135, item 1a.

Art. 61. (1) (amend. - SG 65/06, in force from 11.08.2006) The application of art. 60 shall be submitted to the competent body acting in the area where the permit pursuant to Art. 52, para 1 has been issued;

(2) (amend. - SG 65/06, in force from 11.08.2006) The body of para 1 shall check within one month whether the contents of the application and of the attached documents under Art. 60 meet the requirements of this law.

(3) When the requirements of art. 60 are not met the body of para 1 shall inform the applicant to remove the defects in 14 days term.

(4) (new - SG 65/06, in force from 11.08.2006) Failing to correct insufficiencies within the deadline set in para 3, documents shall not be considered and no procedure shall be initiated, about what the applicant shall be notified in writing.

Art. 62. (1) The body of art. 61, para 1 shall assess the application considering:

1. (amend. - SG 65/06, in force from 11.08.2006) the forecasts of the enforced river basins management plants;

2. the compatibility with the public interests, in this number the needs of the population in the region of the water taking;

3. the compliance with the requirements for protection of the environment regulated by international agreements and the internal legislation;

4. (amend. - SG 65/06, in force from 11.08.2006) the opportunity for joint use of the existing facilities and those predicted for construction for the required water taking and / or use;

5. (amend. - SG 65/06, in force from 11.08.2006) the available water resources as quantity and quality;

6. (amend. - SG 65/06, in force from 11.08.2006) compliance of the water quantity applied for with the purposes of the water taking;

7. (amend. - SG 65/06, in force from 11.08.2006) the existing of other opportunities for satisfaction of the requirement for water taking and / or use.

(2) (revoked - SG 65/06, in force from 11.08.2006)

(3) (revoked - SG 65/06, in force from 11.08.2006)

(4) (amend. - SG 81/00; revoked - SG 65/06, in force from 11.08.2006)

(5) (revoked - SG 65/06, in force from 11.08.2006)

Art. 62ΰ. (new - SG 65/06, in force from 11.08.2006) (1) Within one month after expiration of the term pursuant to Art. 61, para 2 and provided that no reasons for rejection are present, the body under Art. 61, para 1 or an authorized by it person shall prepare a notification, containing:

1. the purpose of the stated use of waters;

2. the water body, in which use of waters is foreseen;

3. systems or facilities, through which usage shall be implemented;

4. point of use of waters, locality, administrative-territorial and territorial unit, the code as per the Unified classifier of administrative-territorial and territorial units – for each point of use;

5. design parameters of usage, including:

a) quantity of waters;

b) individual emissions limitations and deadlines of their achievement – in permits for outfall of waste waters;

c) decrease of the water level – in permits for water taking from underground waters.

6. conditions, under which a permit for use of waters can be granted;

7. place, where written appeals and proposals from interested persons can be submitted;

(2) The notification under para 1 shall be sent to the mayor of the respective municipality for public announcement;

(3) Within three days after the notification receipt the mayor pursuant to para 2 shall be obliged to:

1. arrange for public announcement by placing the announcement in designated for this purpose points;

2. notify in writing the body pursuant to Art. 61, para 1 about the exact date of announcement.

(4) In cases, when competent to grant a permit pursuant to Art. 44 or 46 is the Minister of environment and waters, the announcement shall be promulgated in the State gazette.

Art. 63. (amend. - SG 65/06, in force from 11.08.2006) Announcement and promulgation under art. 62a shall not be done when:

1. the water taking and / or use is for the needs of the defence and of the national security;

2. the water taking is from the mineral waters under Art. 14, item 2.

Art. 64. (1) (amend. - SG 65/06, in force from 11.08.2006) Within 14 days after the announcement the interested persons shall be able to:

1. (revoked - SG 65/06, in force from 11.08.2006)

2. appeal against the issuing of the permit;

3. propose conditions under which to be issued the permit wit6h regard to be guaranteed personal or public interests.

(2) (revoked - SG 65/06, in force from 11.08.2006)

Art. 65. (revoked - SG 65/06, in force from 11.08.2006)

Art. 66. (revoked - SG 65/06, in force from 11.08.2006)

Art. 67. (amend. - SG 65/06, in force from 11.08.2006) (1) Within 14 days after the expiration of the term under Art. 64, para 1, the body pursuant to Art. 52, para 1, item 2 and 3 shall grant a permit, provided that the requirement set forth in this law are met.

(2) Body pursuant to Art. 52, para 1, item 2 and 3 can appoint a commission for consideration of submitted appeals under Art. 64, para 1, item 2 and 3, which shall issue a resolution thereof. In this case the time for issuing a resolution shall be extended by one month.

Art. 68. The body of art. 52, para 1, items 2 and 3 shall refuse to issue the permit when:

1 (amend. - SG 65/06, in force from 11.08.2006) acquired rights pursuant to Art. 49, para 3, item 1 and 2 have been affected, including for satisfying citizens’ own needs pursuant to Art. 43, para 2;

2. (amend. - SG 34/01, in force from 11.08.2006, amend. - SG 65/06, in force from 11.08.2006)the application is not for private water site and for the water taking and/or the use applies an Irrigation Association or a Water Users Association registered as co-operation or commercial company;

3. (amend. - SG 65/06, in force from 11.08.2006) over the water taking and/or the use of the corresponding water site are imposed restrictions with which the objective of the application is incompatible;

3a. (new - SG 65/06, in force from 11.08.2006) pursuant to the provisions of Art. 62 impossibility to satisfy the request has been identified;

4. the requirements pointed out in the law are not observed.

5. (new - SG 65/06, in force from 11.08.2006) construction of water taking facility for underground waters is required for:

a) independent drinking-household water supply – provided that there is enough capacity of constructed water supply system;

b) water supply of objects, for which no discharge and treatment of waste waters is provided;

6. (new - SG 65/06, in force from 11.08.2006) it is found out that environmental damages overcome the benefits from activities, for which water use is designated, in cases when such comparative assessment is required;

7. (new - SG 65/06, in force from 11.08.2006) the purpose of water taking from mineral waters is satisfaction of citizens’ own needs.

Art. 69. (revoked - SG 65/06, in force from 11.08.2006)

Art. 70. The decision of the body of art. 52, para 1, items 2 and 3 shall be sent in writing in one week term to the applicant, the corresponding municipal administration as well as to the interested persons participated in the procedure of issuing the permit.

Art. 71. (amend. - SG 30/06, in force from 12.07.2006) The decision of the body of art. 52, para 1 shall be subject to appeal by the order of the Administrative procedure code.

Section III.

Change and extension of the permit

Art. 72. (1) (prev. text of Art. 72, amend. - SG 65/06, in force from 11.08.2006) Change of the permit shall be possible:

1. to be implemented officially by the body of art. 52, para 1, items 3 under the conditions of Art. 74 and 75;

2. under application by the person in favour of which it has been conceded

(2) (new - SG 65/06, in force from 11.08.2006) In cases under para 1, item 2 the body of para 1 shall check also the fulfillment of conditions of the granted permit.

Art. 73. (1) The body of art. 52, para 1 shall change the issued permit when in the status of the water source have occurred such changes that make impossible the implementation of the permitted activity.

(2) The body of art. 52, para 1 shall be able to change the issued permit also in case when regardless of the observed conditions of the permit contradictions with the public interests occur.

Art. 74. (1) (amend. - SG 65/06, in force from 11.08.2006) Till the start of the procedure for change of the permit the body of art. 52, para 1 shall prescribe conditions and/or restrictions with regard to the water taking and define terms for implementing the measures.

(2) The prescribed conditions or restrictions have to met the following requirements:

1. proportionality of the imposed restrictions and the expected benefits;

2. least intervention in existing rights;

3. the restrictions shall be imposed pointing out their consequence in compliance with the changing water economic relations.

Art. 75. (amend. - SG 65/06, in force from 11.08.2006) The change of the permit shall be announced by the order of art. 62-a in cases when parameters of the permit for use of waters are modified.

Art. 76. (1) In one month term after the announcement or the promulgation the body of art. 52, para 1 shall be able to change the issued permit.

(2) When coordination with or opinion of another body has to be required or an issue of its competence is to be solved the term of para 1 shall stop till the decision.

Art. 77. (1) Till the issuing of the decision about change of the permit the body of art. 52, para 1 shall consider the appeals of the person in favour of which it has been issued, the applications and the appeals as a results of the announcement or the promulgation of art. 75 presented in writing.

(2) The considering of the documents of para 1 shall not lead to stopping of the term of art. 76, para 1.

(3) (amend. - SG 30/06, in force from 12.07.2006) The decision about change of the permit shall be possible to be appealed against by the order of the Administrative procedure code.

Art. 78. (amend. - SG 65/06, in force from 11.08.2006) (1) An application for extension of the permit validity shall be submitted to the body that has issued it not later than 6 months before its expiration.

(2) The body of Art. 52, para 1 shall extend the permit validity in case:

1. the application has been submitted within the terms under para 1;

2 there is no breach of normative provisions, plan predictions or public interests;

3. the conditions of the granted permit are fulfilled

Art. 78a. (new - SG 65/06, in force from 11.08.2006) Modification and extension of the validity or granting a permit pursuant to the provisions of Art. 78, para 2 shall be made after depositing of due fees under Art. 194.

Section IV.

Termination of the effect of the permit

Art. 79. (1) (amend. - SG 65/06, in force from 11.08.2006) The effect of the issued permit shall be terminated with a decision of the body of art. 52, para 1 at:

1. (amend. - SG 65/06, in force from 11.08.2006) termination of the right of the water user of ownership or use of property, where the activity is carried out or water taking facility is located, as well as at explicitly declared refusal from the right to use the corresponding water site;

2. expiry of the term of the issued permit;

3. (suppl. - SG 65/06, in force from 11.08.2006) decease of the physical person, respectively termination of the legal person or deletion of the sole enterpreneur;

4. natural or artificial vanishing of the water site;

5. (revoked - SG 65/06, in force from 11.08.2006)

(2) In the cases of para 1, items 1 and 3 to the persons acquired the rights of ownership or use of the immovable property, respectively the legal successors of the persons of item 3 shall be given one month term to declare before the body of art. 52, para 1, items 2 and 3 whether they wish to use the rights of the issued permit. If the applicants meet the requirements for issuing the permit it shall be issued on their behalf.

(3) (amend. - SG 65/06, in force from 11.08.2006) The body of art. 52, para 1 shall be able to rule taking away the permit for water taking or use of the water site if at least one of the following conditions exists:

1. not use of a constructed water economy system for a term of one year;

2. (amend. - SG 65/06, in force from 11.08.2006) implementing water taking and/or use out of the objectives pointed out in the permit;

3. (amend. - SG 65/06, in force from 11.08.2006) breach of the conditions of the permit;

4. (new - SG 65/06, in force from 11.08.2006) non-experiencing of the rights, granted with the permit, within the set time period;

5. (new - SG 65/06, in force from 11.08.2006) non-experiencing of the rights, granted with the permit, within the set parameters of use;

(4) (amend. - SG 65/06, in force from 11.08.2006) Taking away could refer to a part of the water taking and/or the use in which case the body of art. 52, para 1 shall determine this part.

Art. 80. (1) (amend. - SG 65/06, in force from 11.08.2006) In the cases of taking away the permit the body of art. 52, para 1 shall be able to define a term for titular of the permit to remove the facilities ad to restore the status of the water site.

(2) In 7 days term the decision of para 1 shall be sent to the corresponding regional governor.

(3) After the elapse of the term of para 1 the regional governor shall be able to order the implementation of the prescribed activities for the account of the water user.

(4) (amend. - SG 65/06, in force from 11.08.2006) If the preservation of the facilities for water taking and use of a water site is in public interests the body of art. 52, para 1, items 2 and 3 shall make motivated request for alienation of the property by the order of the Law for state ownership.

Art. 81. (amend. - SG 65/06, in force from 11.08.2006) In case of termination of the right of water taking and/or use the corresponding easement rights shall be terminated.

Art. 82. (amend. - SG 30/06, in force from 12.07.2006; amend. - SG 65/06, in force from 11.08.2006) The decision of the body of art. 52, para 1, for taking away the right to water taking and/or use shall be subject to appeal by the order of the Administrative procedure code.

Section V.

Restriction of the rights ensuing from the permit

Art. 83. (1) (amend. - SG 65/06, in force from 11.08.2006) The rights of water taking ensuing from the permit could be additionally restricted after the permit is issued.

(2) The restriction of para 1 shall be admitted for preservation of the life and health of the population, the defence and security of the country and the cultural - historic heritage.

(3) (amend. - SG 65/06, in force from 11.08.2006) The restriction of the water taking and/or use shall be imposed regardless of the procedure of section III of this chapter.

Art. 84. (1) (amend. - SG 65/06, in force from 11.08.2006)The restriction of the water taking shall be implemented with a decision of the body issued the permit.

(2) (amend. - SG 65/06, in force from 11.08.2006) The decision of para 1 shall change limits for water taking for certain periods of time.

(3) The limits of para 2 shall be utmost admissible amounts of water abstraction which are determined for one or more water users.

(4) The term for the restriction shall not be possible to exceed the duration of the reasons imposing the restriction.

Art. 85. At determining the limits shall be accounted for the status of the water site, the priority of the drinking and household water supply, the declared water demands and the conditions in the corresponding permits.

Art. 86. (amend. - SG 65/06, in force from 11.08.2006) At occurrence of circumstances threatening the life and the health of the population in separate regions of the country the Council of Ministers shall be able to determine restrictions for the use of waters affecting all water users as well as their subscribers if there are such.

Art. 87. (amend. - SG 65/06, in force from 11.08.2006) In the cases of this section the affected water users and their subscribers shall not be able to require responsibility from the state for the caused damages.

Chapter five.

WATER USERS ASSOCIATIONS

Art. 88. (revoked – SG 42/03)

Art. 89. (revoked – SG 42/03)

Art. 90. (revoked – SG 42/03)

Art. 91. (revoked – SG 42/03)

Art. 92. (revoked – SG 42/03)

Chapter six.

SPECIAL RIGHT OF WATER TAKING AND USE OF WATER ECONOMY SYSTEMS AND FACILITIES (TITLE AMEND. - SG 65/06, IN FORCE FROM 11.08.2006)

Art. 93. The assessment of the expedience of opening a procedure for granting a concession for water economy systems and facilities shall be complied with:

1. water economy plans entered into force;

2. existing water economy relations within the considered range.

Art. 94. When the competent bodies start official procedure for granting concessions for existing or for construction of new water economy systems and facilities in State Gazette shall be promulgated a message where are pointed out:

1. the waters or the water sites connected with the subject of the concession;

2. the investment intention and the estimated value of the construction;

3. the extent of the state participation if such is provided.

Art. 95. (amend. - SG 36/06, in force from 01.07.2006) When a procedure for granting a concession is opened for a water economy system with complex designation the preparatory activities shall be implemented in coordination and the proposals of art. 38, para 1 of the Law for the concessions by the competent ministers if they are different.

Art. 96. (1) To the proposal for granting concession for water economy systems and facilities shall additionally be attached water economy analysis containing:

1. predictions for the corresponding territories and water areas according to development and water economy plans entered into force;

2. (amend. - SG 65/06, in force from 11.08.2006) data of the specialized maps, registers and information system about the subject of concession;

3. water and water economy balances;

4. schemes and options with the basic parameters of the subject of concession;

5. technical - economic rationale and assessments.

(2) The water economic analysis of para 1 and the draft decision for granting concession shall obligatory be coordinated with the Ministry of Environment and Waters before submitting the proposal to the Council of Ministers.

(3) To the proposal for granting concession for mineral waters - exclusive state ownership shall be attached also a statement of the municipality on which territory the mineral waters are located.

Art. 96a. (New, SG 81/00) (1) (amend. - SG 36/06, in force from 01.07.2006) Concession for water economic systems and installations which are state or joint state and municipal property and belong to a unified technological system or have a unified system of management on the territory of more than one municipality shall be submitted by the Council of Ministers by the order of the Law for the concessions.

(2) The permits for the activities of water supply and sewerage in the cases when they are carried out on the territory of more than one municipality shall be submitted by the Council of Ministers within the range of the concession under para 1.

(3) The proposal for granting concession under para 1 and of permit for activity under para 2 shall be made by the body under art. 10, para 1 upon decisions for consent of the municipal councils of the municipalities on whose territories are located the installations and for which the permit is requested.

(4) In the decision under para 3 the municipal council can pose specific requirements regarding the concession and/or the permit, as well as for the development of the water supply system on the territory of the respective municipality.

(5) Chairman of the commission for holding the tender or the competition shall be the body under art. 10, para 1.

(6) The commission under para 5 shall include one representative each of the respective municipalities, of the Ministry of Finance, of the body under art. 10, para 1 and of the Ministry of Environment and Waters.

(7) The representatives of the municipalities in the commission under para 5 and their body shall be determined by a decision of the respective municipal council.

(8) The decisions of the municipal councils under para 3 and 7 shall be adopted by a majority of more than half of the total number of the counsellors.

(9) (amend. - SG 36/06, in force from 01.07.2006) The representatives of the municipalities under para 7 shall participate in the preparation of the concession contract project.

(10) The owners shall retain all their rights on the subject of the concession except the explicitly constituted or ceded by the concession contract.

(11) The distribution of the concession remuneration among the owners of the subject of a concession shall be proportional to the part of their ownership and shall be determined by the decision of the Council of Ministers.

(12) (new – SG 18/05) The concession contracts for water supply and sewerage services shall be prepared in compliance with the requirements of the Law of concessions, the Law of municipal property and the Law of regulation of the water supply and sewerage services and the by-law normative acts for their implementation.

Art. 97. The person to whom special right to use water economy system and facility has been conceded shall not be able to hamper other activities within the range of the subject of the concession permitted under this law.

Art. 98. (amend. - SG 36/06, in force from 01.07.2006) At granting concession for obtaining mineral waters - exclusive state ownership and public municipal ownership the regional governors and the mayors of municipalities shall undertake the necessary measures for realisation of the concession according to their competence.

Art. 99. At establishing a concession for mineral waters the concessionaire shall have the right to concede water services under conditions provided in the concession contract.

Art. 100. (revoked – SG 36/06, in force from 01.07.2006)

Art. 101. (1) (amend. - SG 36/06, in force from 01.07.2006) The concessionaire shall have right to use free of charge the information determined with the decision of the Council of Ministers for opening the procedure of granting concession.

(2) After the termination of the concession the whole information connected with the use of and protection of the waters and the water sites collected additionally by the concessionaire shall be conceded to the Ministry of Environment and Waters.

Art. 102. (amend., SG 81/00; revoked - SG 36/06, in force from 01.07.2006)

Chapter seven.

LAND EASEMENTS CONNECTED WITH THE WATER SITES

Section I.

General provisions

Art. 103. (1) The land easement shall be the encumbrance imposed on an immovable property called subservient property in favour of another immovable property called dominant, belonging to another owner.

(2) The land easement shall ensue from the law or from a legal contract.

(3) Land easement shall be possible to be acquired in prescription after exercising it for 10 years.

Art. 104. (1) The easements provided by law shall have as subject public or private benefit.

(2) (suppl. SG 34/2001) The easements established for public benefit shall refer to ensuring access for common use of the water sites - public ownership, and to construction of the infrastructure necessary for this, as well as for maintenance water economy systems and facilities designated for ensuring the service water supply for the population and for irrigation.

Art. 105. The land easements for private benefit by law shall be these ensuing from the location of the land and the right of way and to transfer water.

Art. 106. At exercising the easements the following rules shall be observed:

1. the change of the ownership of a property shall not terminate the effect of the easements neither with regard to the dominant nor with regard to the subservient property;

2. if the owners of the subservient property are several persons an easement with legal transaction could be established only with the consent of all owners;

3. the easement granted with a legal transaction shall be obligatory for the legal successors of the owner of the subservient property;

4. the titular of the easement shall be obliged at implementing the activities necessary for exercising it to cause the possible least disturbance for the owner of the subservient property and to take the expenses necessary for this except otherwise agreed;

5. the easements shall be inseparable rights; they could be exercised entirely in favour of each part of the dominant property and shall encumber entirely each part of the subservient property even if the properties are separated;

6. the easement could be used only for the needs of the dominant property;

7. the owner of the subservient property shall not have the right to move the easement;

8. the easements established with a legal transaction shall be extinguished:

a) at objective impossibility to be exercised;

b) at amalgamation of the two properties as a result of a legal transaction;

c) after the expiry of the term of the contract;

d) after non exercising for a term of 10 years.

Art. 107. (1) The local suability of the disputes about exercising the easements under this chapter shall be determined by the location of the dominant and the subservient property.

(2) The indemnifications under this law shall be determined according to the current market prices.

Section II.

Easements ensuing from the location f the properties

Art. 108. (1) The owners of the properties located higher shall not have the right to hamper the natural runoff of waters and to encumber the restrictions suffered by the lower properties in connection with this.

(2) The owners of the lower properties shall be obliged to accept the water running off naturally from the upper properties.

Art. 109. (1) If the banks or the facilities for withholding water in the dominant property are in condition which does not ensure protection from the impact of waters its owner shall be obliged to make the necessary construction works in such way that the owner of the subservient property does not suffer any damage.

(2) (amend., SG 81/00) If the obliged owner does not implement the necessary construction works the owners of the subservient property, if suffering a damage shall be able to implement the necessary works in the dominant property for their account with preliminary permission by he court after hearing the interested persons.

(3) The rule of para 2 shall be implemented also when in a property as a result of the construction of a sludge pond or tailings pond or solid waste deposit occur accumulations changing the water flow and as a result of this the water causes or could cause damage to neighbouring immovable properties.

(4) The owners participated in the expenses for implementing the necessary works for fortification of banks, repair of facilities or cleaning up of sediments shall have right to indemnification for damages from the person caused the demolishing of the banks or the facilities or the accumulation of sediments.

Art. 110. (1) The owner through which property runs a water flow shall be able to use it according to the requirements of the law without impairing the same right of the owner of the immovable property situated below.

(2) (amend. - SG 65/06, in force from 11.08.2006) In the cases of para 1 the owner of the lower property shall be able to implement works with which is influenced the natural state of the water site according to the conditions of the water taking permit and without causing damage to the owner of the higher situated property.

Art. 111. The owner of a water site shall dispose with its waters without causing damages to neighbouring immovable properties.

Section III.

Right of water conveyance

Art. 112. (1) Each owner shall be obliged to grant water conveyance rights through his property to all who have permanent or temporary need to do this.

(2) If the construction of pipelines or facilities for transferring water is necessary to be constructed easement strips shall be determined with extent not bigger than the diameter of the pipeline increased with 60 cm on which shall not be permitted construction and planting of perennial plantations.

(3) The water conveyance right through other's property shall be established with an agreement of the owners of the dominant property and of the subservient property and if such an agreement cannot be reached - with an act of the body of art. 52, para 1, item 3 observing the procedure of art. 34 and 36 without ruling the alienation of the property concerned.

(4) The exercising of the rights of the act of the body of art. 52, para 1, item 3 shall be admissible only after the payment of the determined indemnification.

Art. 113. (1) The conveyance of water through other's property shall be implemented in a way corresponding to the terrain accounting for the existing buildings and perennial plantations

(2) The owner of the dominant property in the case of para 1 shall be obliged to pay the price of the land which will be occupied, increased with one fifth in addition to the direct damages and these ensuing from the subdivision of the land if surface water is conveyed. For the part of the land which will be taken by the gathering of the dug up land shall be paid half of the price increased with one fifth.

Art. 114. Unless otherwise agreed the following rules shall apply to the water conveyance right:

1. the titular of the water conveyance right shall be obliged after the expiry of the term to restore the initial state of the respective property;

2. (amend. - SG 65/06, in force from 11.08.2006) in case it is necessary to carry out new works or to change the quantity of the flowing water due to a change in the water taking permit, the changes in the encumbrance of the subservient property may not be carried out before payment of the sum due for this;

3. The owner of the subservient property has a right to require the determination of the water bed by placing permanent boundaries at the expense of the titular of the easement; the latter is obliged to construct the necessary facilities if the owner of the subservient property does not have free access to his property resulting from the water conveyance.

Art. 115. The owner of the property, through which other's waters flow as a result of the exercising of an easement may use them in accordance with the requirements of the law, thereby taking over part of the costs of construction and maintenance of the facilities if not agreed otherwise.

Chapter eight.

PRESERVATION OF WATERS AND WATER SITES

Art. 116. (1) (suppl. - SG 65/06, in force from 11.08.2006) All waters and water sites shall be preserved from depletion, pollution, and damage with objective to be maintained the necessary quantity and quality of waters and healthy environment, preservation of the ecosystems, preservation of the landscape and prevention of economic damages, including.

1. (new - SG 65/06, in force from 11.08.2006) achieving a good environmental condition of surface waters;

2. (new - SG 65/06, in force from 11.08.2006) good quality and chemical condition of underground waters;

3. (new - SG 65/06, in force from 11.08.2006) reduction of the need in waters treatment prior to their use;

4. (new - SG 65/06, in force from 11.08.2006) provision of water environmental systems development and related to them ground environmental systems

(2) (amend. - SG 65/06, in force from 11.08.2006) For achieving the objectives under para 1 the following shall be determined:

1. minimum allowable run-off into rivers;

2. rules and measures of protection of waters quantity and quality, including waters, designated for drinking and domestic waster supply;

3. zones of water protection.

Art. 117. (1) For the protection of the water ecosystems and the humid zones shall be determined the minimum admissible flow in the rivers.

(2) The runoff of para 1 shall be determined in the water basins management plans in compliance with the methodology of art. 135, item 1.

(3) for the objective of para 1 shall be implemented the following measures:

1. restriction of the extent of regulation of the runoff;

2. determining obligatory water quantities to be discharged from the dams;

3. introduction of restrictions for transfer of water quantities from one river basin to another;

4. (amend. - SG 65/06, in force from 11.08.2006) introduction of a prohibition for issuing new permits for water taking and restriction of the already issued permits;

5. carrying out of afforestation measures.

(4) Developing the water economy balances the minimum water quantities for watering shall be provided with priority.

Art. 117a. (new - SG 65/06, in force from 11.08.2006) (1) For protection of waters quantities and provision of their effective use, when providing water services new water consumption rates shall be set out.

(2) Water consumption rates under para 1 shall be set out in an Ordinance of the Council of Ministers.

Art. 118. (amend. - SG 65/06, in force from 11.08.2006) (1) In view of waters protection the Minister of environment and waters shall set in an order priority and priority hazardous substances.

(2) waters and water sites shall be protected from contamination and deterioration through:

1. termination of introduction of priority hazardous substances into waters;

2. continuous reduction of introduction of priority substances into waters;

3. limitation of introduction of hazardous and other substances into waters;

4. construction of water treatment stations for waste waters;

5. establishing of a regime for use and preservation of the flooded strips along the banks;

6. regulating prohibitions for depositing wastes and dangerous substances at places where could happen pollution of waters;

7. determining measures for not admitting artificial mixing of underground waters with different quantities.

(3) For the implementation of activities under para 2 the Minister of environment and waters shall approve:

1. project categories of surface waters;

2. programmes for decrease of contamination of the waters and the water sites.

(4) The Minister of Environment and Waters and the Minister of Health shall determine the maximum admissible concentrations and emission standards for radio-nuclides in waters and water sites.

(5) The order under para 1 shall be subject to promulgation in the "State Gazette".

Art. 118ΰ. (New - SG 65/06, in force from 11.08.2006) (1) For protection of underground waters from contamination the following shall be prohibited:

1. (in force from 22.12.2013) direct discharge of contaminants in underground waters, except for the cases under para 2;

2. disposal, including depositing of priority substances, which can cause indirect discharge of contaminants in underground waters;

3. other activities on the ground and on the underground water site, which can cause indirect discharge of priority substances into underground waters;

4. use of materials, containing priority substances, during construction of structures, engineering construction facilities and others, in which contact with underground waters is existing or is feasible;

5. mixing of underground waters of different quality through constructed water taking facilities;

6. injection of natural gas or liquefied oil gas into underground waters, except for the cases under para 3 and 4.

(2) Direct discharge of small quantities of contaminants into underground waters shall be allowable, when this is done for scientific purposes for characterization, protection and reclamation of water bodies and these quantities are strictly limited to the amount, required for the respective purpose.

(3) Injection for protection of natural gas or liquefied oil gas shall be allowable into parts of the earth interior, which due to natural reasons are permanently inappropriate for other purposes;

(4) Injection for protection of natural gas or liquefied oil gas into parts of the earth interior, apart from the cases under para 3, shall be allowable, when there is a priority need in providing gas supply and in a way, providing prevention of future risk of deterioration of underground waters quality.

(5) In cases under para 4 injection shall be carried out after carrying out a hydro-geological survey and assessment of risk of underground waters contamination, proving that the condition of underground waters, in which the injection is being done, shall not get deteriorated and there is no risk of deterioration of the condition of other underground waters in the area of injection.

(6) In cases under para 2, 3 and 4 permit shall be granted under the conditions and the procedure set forth in this law.

(7) The permit for injection and re-injection of waters shall be granted also in case of:

1. injection of waters, containing substances, resulting from the oil and gas survey extraction or from mining works;

2. injection of waters due to reasons of technical nature into parts of the earth interior, from with oil and gas have been extracted or other substances or due to natural reasons they are permanently inappropriate for other purposes.

(8) Injected waters under para 7, item 1 cannot contain substances, different from those, obtained as a result of oil and gas survey and extraction or mining works.

(9) Permit for re-injection shall be granted in case of:

1. de-watering of mines, quarries and construction engineering facilities;

2. use of waters for production of hydro-geothermal energy.

(10) The permit under para 2, 3, 4, 7 and 9 shall not be granted, provided that as a result of this activity preconditions for non-achieving the objectives for environmental protection of the respective water body are established.

Art. 118b. (new - SG 65/06, in force from 11.08.2006) (1) For protection of underground waters a contamination threshold shall be set out.

(2) Contamination threshold can be set out in the ordinance under Art. 135, item 2 on a national level or for each area of water management or for a part of an international area of basins management.

(3) Contamination threshold under para 1 on a basins level shall be set in the river basins management plans.

(4) Updating of the list of substances, for which contamination threshold under para 3 and their concentrations are set shall be carried out with the updating of river basins management plans.

Art. 118c. (new - SG 65/06, in force from 11.08.2006) No water taking from underground waters shall be permitted, when:

1. the general water taking from an underground body exceeds its operational resources;

2. water taking facility is not included into the register of water taking facilities under Art. 118d

3. there is a risk of:

a) non-achievement of objectives for environmental protection for related to the underground water body surface waters;

b) deterioration of these surface waters condition;

c) damage of ground environmental systems, directly depending on the underground water body;

d) lowering of the underground water levels in the areas, from which waters of wet zones, zones of protection of economically significant water organisms, protected territories and protected zones are charged;

4. lowering of the water level and temporary or permanent change of the flow direction in the underground water body create a risk of attraction of salty or contaminated waters.

Art. 118d. (new - SG 65/06, in force from 11.08.2006) (1) The Minister of environment and waters shall keep a register of:

1. experts, preparing documents under Art. 60, para 9 for granting permits for underground waters;

2. business companies, carrying out hydro-geological surveys, construction or re-construction of underground water facilities;

3. experts, carrying out independent control when carrying out hydro-geological surveys, construction or re-construction of underground water facilities.

(2) In the register under para 1, item 1 and 3 shall be included persons, who:

1. have got higher education with accomplished educational qualification "master" degree in "Hydro-geology" and a professional qualification of a :master in engineering";

2. have carried out for at least two years over the past 5 years activity related to the field of qualification under item 1.

(3) Directors of Basin Directorates shall keep a register of water taking facilities for underground waters on the territory of the respective area of basins management, including of facilities, which are:

1. equipped for operation;

2. non-equipped for operation;

3. conserved;

4. liquidated;

5. for satisfying citizens own needs.

(4) Entering into registers under Art. 1 and 3 and deletion of persons from the register under para 1 shall be done under conditions and following the procedure, set in the Ordinance under Art. 135, item 2.

(5) Water taking facilities for underground waters, which are not entered into the register under para 3, shall be liquidated.

Art. 118e. (new - SG 65/06, in force from 11.08.2006) (1) Abandoning and liquidation of water taking facilities for underground waters shall be made by and at the expense of their owner.

(2) Activities pursuant to para 1 shall be carried out under a project, approved by the Director of the respective Basin Directorate and following a procedure, set out in the ordinance under Art. 135, item 2.

Art. 118f. (new - SG 65/06, in force from 11.08.2006) (1) Directors of Basin Directorates shall keep a register of dikes and shoots in non-corrected sections of the rivers outside settlements and residential zones.

(2) The procedure and the way of management and use of facilities under para 1, as well as of facilities, having lost their initial purpose of use, shall be set out in the ordinance under Art. 135, item 1a.

Art. 119 (amend. - SG 65/06, in force from 11.08.2006) (1) For protection of waters, designated for drinking-household water supply, in the river basins management plans shall be set out:

1. all water bodies, used for drinking-household water supply and have an average daily flow rate exceeding 10 cubic meters or are used for water supply to more than 50 people;

2. water bodies which are foreseen to be used for drinking-household water supply;

3. monitoring programs of water bodies of average daily flow rate exceeding 100 cubic meters;

(2) For surface waters designated for drinking-household water supply, water supply and sewage system operators pursuant to Art. 2, para 2 of the Law for regulation of water supply and sewage services shall provide treatment under the conditions and following the procedure set in the Ordinance under Art. 135, item 4 until quality of waters for drinking and domestic purposes is achieved, as set forth in the Ordinance under Art. 135, item 3.

(3) Protection of waters, designated for drinking-household water supply and of mineral waters shall be done by determination of:

1. water bodies under para 1, item 1 and 2 and water bodies, containing mineral waters, as zones of waters protection;

2. sanitary protection zones around water taking facilities for drinking-household water supply and around water taking facilities for mineral waters, used for healing, prophylactic, drinking and domestic purposes, bottling, hygienic purposes, sports and recreation.

(4) Measures for protection of water bodies under para 3, item 1, the procedure and the way of identification of sanitary protection zones under para 3, item 2, restrictions and limitation within their boundaries shall be set out in the Ordinance under Art. 135, item 6.

Art. 119a. (amend. - SG 65/06, in force from 11.08.2006) (1) Water protection zones are:

1. water bodies and sanitary protection zones under Art. 119, para 3;

2. zones of waters for swimming;

3. zones, in which waters and sensitive to biogenic components, including:

a) exposed zones;

b) sensitive zones;

4. zones of protection of economically essential kinds of fish and other water organisms;

5. protected territories and zones, announced for protection as living places and biological species, in which maintenance or improvement of waters condition is an essential factor for their protection.

(2) Directors of Basin Directorates shall:

1. keep register of zones under para 1;

2. prepare brief scanning of the register, which shall include maps, on which the location of zones under para 1 is shown and the grounds for announcing them as such.

Art. 119b. (new - SG 65/06, in force from 11.08.2006) For the territories and zones under Art. 119a, para 1, item 5 special requirements to the waters condition can be set, which shall have to be achieved and/or maintained, with an order for their determination, issued pursuant to the provisions of the Law of protected territories or the Law of biological diversity.

Art. 120. (amend. - SG 65/06, in force from 11.08.2006) (1) For protection of surface waters from contamination emission rates and individual emission limitations shall be set out.

(2) Individual emission limitations in the permits for outfall of waste waters, granted following the provisions of this law, and in integrated permits, granted pursuant to the provisions of the Environmental Protection Law shall be set out after a complex approach and cannot be less severe than the set emission rates.

(3) Emission rates under para 1 shall be set out in the Ordinance under Art. 135, item 12.

Art. 121. (revoked - SG 65/06, in force from 11.08.2006)

Art. 122 (amend. - SG 65/06, in force from 11.08.2006) Individual emission limitations can be set out as more severe than the emission rates, provided that this is required for:

1. achieving the environmental protection objectives;

2. use of surface waters for drinking-household water supply, non-scheduled in the river basin management plan.

Art. 123. Achieving the emission rates by dilution of the waste waters before their outfall in the water basins shall not be allowed.

Art. 124. (amend. - SG 65/06, in force from 11.08.2006) (1) For protection of waters from contamination maximum allowable concentrations of substances in industrial waste waters, discharged into sewage systems or into waste waters treatment plants of settlements and residential zones shall be set out.

(2) Maximum allowable concentrations under para 1 shall be set out in the Ordinance under Art. 135, item 11.

Art. 125. (amend. - SG 65/06, in force from 11.08.2006) (1) In the sewerage system and waste waters treatment plants under Art. 124 shall be included only waste waters, which can be treated by the existing technological system applied at the treatment plant and do not threaten operating personnel health and safety, in consideration of the specific conditions and of:

1. the permit for outfall of waste waters from the sewage system or the water treatment plant, granted pursuant to the provisions of this law;

2. flow rate, type and level of contamination of waste waters;

3. capacity and efficiency of the existing sewage system and/or treatment plant;

4. opportunities to use in agriculture and/or environmental friendly deposition or any other type of treatment plants sludge treatment.

(2) The persons discharging production waste waters in the sewerage system of a settlement according to a contract with the person which has discharge permit shall be obliged to send a copy of the contracts to the Basin Directorate.

(3) The Director of the Basin Directorate shall be able to prescribe change of the conditions of the contracts if he decides that the standards for discharge of production waste waters in the sewerage system of the settlements are violated as well as when these standards are not violated but there is a danger of demolishing of the sewerage system and pollution of the underground waters.

(4) When due to unlawful or obviously badly designed discharge of industrial waste waters in the sewerage system damages to the environment or to the person owner of the sewerage system are caused, the sewerage enterprise in favour of which the discharge permit has been issued and the person discharged the industrial waste waters shall be jointly responsible for the caused damages.

(5) At proven breaches of the contractual conditions by the persons discharging production waste waters in the sewerage system of the settlement the titular of the discharge permit shall be able to require the one discharging of waste waters to carry out own monitoring for his own account after coordination with the Director of the corresponding Basin Directorate.

Art. 125a. (new - SG 65/06, in force from 11.08.2006) It shall be prohibited to involve new users, out falling waste waters, to the sewage systems of settlements and residential zones in cases when the sewage system cannot provide waste waters discharging and treatment, with observing the conditions of the granted pursuant to the provisions of this law permit for outfall of waste waters.

Art. 126. (1) The persons implementing operation of the sewerage networks and the treatment facilities shall be obliged to maintain them in technical and operational fitness and to ensure continuously their normal operation.

(2) At implementing planned prophylactic repair works of the facilities pointed out in para 1 as well as at necessity for changes of the treatment technology the obliged persons shall inform in writing the basin bodies about these works at least 30 days before starting the works.

Art. 127. (1) At design, construction, reconstruction and modernisation and extension of production enterprises, sewerage systems of settlements and other sites shall be simultaneously designed, constructed, reconstructed and extended the necessary facilities for waste water treatment.

(2) Prohibited shall be the entering into operation of sites and the implementation of activities without treatment facilities being approved by the due order except in the cases when they are not necessary.

Art. 128. (revoked - SG 65/06, in force from 11.08.2006)

Art. 129. (revoked - SG 65/06, in force from 11.08.2006)

Art. 130. (1) Th water treatment facilities and the sewerage systems shall be operated observing the requirements of this law.

(2) The persons owners or users of treatment facilities shall be obliged to implement laboratory analyses and monitoring of the functioning of the treatment facilities as well as to preserve the results of the analyses and the monitoring under the conditions of art. 174.

(3) The body issued the waste water discharge permit shall be able to determine and change the conditions of the activities of para 2.

Art. 131. (1) (amend. - SG 65/06, in force from 11.08.2006) At emergency cases creating prerequisites for pollution of waters the owner or the person operating the site - source of the pollution, including tailings pond, sludge pond and solid waste deposits, shall be obliged to undertake the necessary measures for restriction or liquidation of the consequences of the pollution according to the preliminary prepared emergency plan and to inform immediately the Basin Directorates and the bodies of the Ministry of State Policy for Disasters and Accidents.

(2) (amend. - SG 65/06, in force from 11.08.2006) If an incidental pollution of the water downstream the river has occurred, the Director of the Basin Directorate and the local bodies, which have received the information about the pollution under para 1, shall be obliged to inform in time the water users about the character of the pollution and the measures which might be taken for reducing the damage from the pollution.

Art. 132. The persons, from whose economic activities are generated waste waters, shall be obliged to construct the necessary treatment facilities in accordance with the requirements for discharge into the water site, when on the respective territory there is no sewerage system.

Art. 133. (revoked - SG 65/06, in force from 11.08.2006)

Art. 134. In the river bank and coastal flooded areas shall be forbidden:

1. the storage of pesticides, depositing and treatment of waste;

2. the construction of cattle-breeding farms;

3. the construction of economic and housing buildings;

4. the washing and maintenance of transport vehicles and equipment;

5. the planting of perennial vegetation with shallow root system.

Art. 135. In order to maintain the quantity and the necessary quality of the waters:

1. the Minister of Environment and Waters shall approve the methodology for determining the minimum allowable run-off in the rivers;

1a. (new - SG 65/06, in force from 11.08.2006) Council of Ministers shall adopt ordinance for surface waters use;

2. (amend. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters, the Minister of Regional Development and Public Works, the Minister of Health and the Minister of Economic and Energy shall issue a regulation on the investigation, use and protection of the underground water;

3. the Minister of Environment and Waters, the Minister of Health and the Minister of Regional Development and Public Works shall issue a regulation on the quality of water for drinking-household purposes;

4. the Minister of Environment and Waters, the Minister of Health and the Minister of regional Development and Public Works shall issue a regulation on the qualitative requirements for the surface waters intended for drinking-household water supply.

5. (amend. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters, the Minister of Health and the Minister of Agriculture and Forestry shall issue a regulation on the protection of waters from pollution by nitrates from agricultural sources;

6. (amend. - SG 65/06, in force from 11.08.2006) the Council of Ministers shall adopt a regulation for the protection zones of waters, designated for drinking-household water supply and of mineral waters;

7. (suppl. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters and the Minister of Health shall issue a regulation on quality management of the waters for swimming;

8. (suppl., SG 81/00; amend. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters, the Minister of Health and the Minister of Agriculture and Forestry shall issue a regulation on the quality of waters inhabited by fish and shell species, organisms;

9. (amend. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters shall issue a regulation on characterisation of surface waters;

10. the Minister of Environment and Waters, the Minister of Regional Development and Public Works and the Minister of Health shall issue a regulation on the quality of the coastal marine waters;

11. the Minister of Environment and Waters and the Minister of Regional Development and Public Works shall issue a regulation on the procedure and the method for determining of limits for discharge of industrial waste waters into the sewerage systems of the settlements;

12. (amend. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters, the Minister of Regional Development and Public Works, the Minister of Health and the Minister of Economy and Energy shall issue a regulation on the emission limits for the admissible concentration of harmful and dangerous substances in the waste waters, discharged into the water sites;

13. the Minister of Environment and Waters shall issue an Ordinance on the issuing of permits for discharge of waste water into water sites and determining of the individual emission restrictions for point sources of pollution;

14. (amend. - SG 65/06, in force from 11.08.2006) the Minister of Environment and Waters shall issue a regulation on waters monitoring;

15. (new, SG 81/00) the Minister of Regional Development and Public Works shall issue an ordinance for the conditions and the order of using water supply and sewerage systems;

16. (new, SG 81/00) the Minister of Environment and Waters and the Minister of Agriculture and Forestry shall issue an ordinance for the quality of the waters for irrigation of the agricultural crops.

Art. 136. The Ministers of art. 135, item 11 shall issue instructions for the parameters, which determine the best available technologies for water protection from the activities in the sectors for which they are responsible.

Chapter nine.

PROTECTION FROM THE HARMFUL IMPACT OF WATERS

Art. 137. The protection from the harmful impact of waters includes:

1. protection from floods;

2. protection of icing;

3. (amend. - SG 65/06, in force from 11.08.2006) protection of the river courses and banks from erosion;

4. protection of the banks and coasts from the action of the waves;

5. protection from dangerous increasing or decreasing of the level of the underground waters;

6. protection of the water catchment areas from water erosion;

7. protection from artificial self-discharge of ground waters.

Art. 138. (1) (amend. - SG 65/06, in force from 11.08.2006) The protection activities under art. 137 shall be operational and permanent.

(2) The operational protection is carried out during floods, icing and natural disasters, caused by waters and shall be managed by the Ministry of State Policy for Disasters and Accidents.

(3) (amend. - SG 65/06, in force from 11.08.2006) The operational protection shall be carried out in accordance with an emergency action plan. The emergency plans shall be prepared by the owners or the users of the water economic systems and hydro-technical installations and shall be coordinated with the bodies of the Ministry of State Policy for Disasters and Accidents. Bodies of the Ministry of State Policy for Disasters and Accidents shall be able to prescribe the updating of the emergency plans.

(4) The permanent protection includes:

1. construction and maintenance of dikes and other hydro-technical and protection facilities;

2. establishing and maintenance of observation, forecast and warning systems;

3. regulation of the level of the underground water at dangerous increase or decrease;

4. activities for protection of the water catchment areas from water erosion;

5. (amend. - SG 65/06, in force from 11.08.2006) maintaining the flow capacity of the river courses.

Art. 139. (1) (amend. - SG 65/06, in force from 11.08.2006) The hydro-technical and protection facilities of art. 138, para 4, items 1 and 3 shall be maintained by the owner or the user unless in the permit under art. 50 or the concession contract otherwise is agreed.

(2) (amend. - SG 65/06, in force from 11.08.2006) The persons of para 1 shall maintain also the river course at a distance up to 500 m downstream from the facility.

(3) When other persons have benefits from the facilities of para 1 they shall owe a part of the costs in proportion with the received or expected benefits.

(4) When the permit for construction of the facilities of para 1 is issued after the actual identification of an activity, which bears damages from the construction and the operation of the facilities, their owner shall be obliged to indemnify the incurred damages.

Art. 140. (1) The systems of art. 138, para 4, item 2 shall be maintained by the state.

(2) The activities of art. 138, para 4, items 3 and 4 shall be controlled by the Basin Directorates.

(3) The activities of art. 138, para 4, items 4 and 5 shall be implemented with order by the corresponding regional governor.

Art. 141. (1) The owners and the users of water economic systems and hydro-technical facilities, including tailings ponds and slag ponds, shall be obliged to maintain them in technical order, as well as to provide them with the necessary measuring and control equipment for monitoring of their activity.

(2) (amend. SG 108/01; amend. - SG 65/06, in force from 11.08.2006) The Minister of Environment and Waters, the Minister of Regional Development and Public Works, the Minister of Agriculture and Forestry and the Minister of Economy and Energy shall in two years term issue an ordinance for the conditions and the order for implementing the technical operation of dam walls and the facilities thereof.

(3) The obligations of para 1 shall also be for the owners of water reservoirs which degree of clogging does not allow their further use according to their designation. In this case the owner shall prepare and carry out a project for reclamation.

Art. 142. (suppl., SG 81/00; amend. - SG 65/06, in force from 11.08.2006) At discharge of waters from the hydro-technical installations during the passing of high waves, at emergency conditions or during repair works, the owner or the user of the latter shall inform in advance the respective municipal administrations, Basin Directorates and bodies of the Ministry of State Policy for Disasters and Accidents, and for the border crossing rivers - also the border police.

Art. 143. For protection from the harmful impact of waters shall be forbidden:

1. (amend. - SG 65/06, in force from 11.08.2006) To disrupt the natural state of the river courses and banks and the coastal and river bank flooded strips;

2. (amend. - SG 65/06, in force from 11.08.2006) To reduce the flow capacity of the river courses, including through barrages and rapids, without the respective permit;

3. (amend. - SG 65/06, in force from 11.08.2006) To use the river courses as disposal sites for waste, earth and rock mass;

4. To carry out construction over the covered river sections;

5. To preserve or store materials which can substantially increase the destructive force of water during floods.

Art. 144. On the dikes shall be forbidden:

1. to cross them with vehicles outside the designated for this purpose places;

2. to till or disrupt their surface;

3. to put poles or traffic signs;

4. to plant trees or bushes;

5. to allow the passing of domestic animals outside the designated for this purpose places;

6. to construct wells or fish-farms;

7. to dispose of waste and other materials and things.

Art. 145. (amend. and suppl. - SG 65/06, in force from 11.08.2006) When there is a danger of flooding, caused by the passing of large water quantities, as a result of unforeseen and extraordinary circumstances, the Minister of Environment and Waters or the Director of the respective Basin Directorate shall be able to order the respective water user to carry out the necessary works on the banks of the water sites, notwithstanding the conditions written down in the permit, if there is no other possibility to prevent of the harmful consequences.

Art. 146. (1) It shall be forbidden to locate new houses, villas and farm buildings in the flooded terraces of the rivers.

(2) The Basin Directorates shall inform the competent bodies, which issue the permits for construction of housing, recreation and farm buildings about the location and the range of the river bank flooded strips.

Chapter ten.

WATER MANAGEMENT

Section I.

General provisions

Art. 147. (revoked - SG 65/06, in force from 11.08.2006)

Art. 148. The water management shall be realised at national and basin level.

(2) The areas of the river basins are determined by the natural location of the watersheds between the catchment areas of one or several main rivers on the territory of Republic of Bulgaria.

(3) The river basins determined by the present law shall not follow the administrative-territorial division of the country and shall also be the basis for environmental management according to the basin principle.

(4) (new. - SG 65/06, in force from 11.08.2006) When a region of basin management under para 2 includes trans-border water stream, this region shall be referred to an international region of basin management.

(5) (prev. text of Para 04 - SG 65/06, in force from 11.08.2006) The management of the water economic systems shall be done on technological and basin principle, in accordance with the conditions of the permits for use and protection of the waters and the water sites.

148a. (new - SG 65/06, in force from 11.08.2006) (1) The republic of Bulgaria shall participate in development and coordination in cooperation with other countries, of policies, programs and strategies of trans-border waters on the grounds of principles under Art. 2a, item 4.

(2) Representatives of the Republic of Bulgaria in international commissions, coordinating activities under para 1 shall be officials, appointed under a nomination of the Minister of environment and waters and the Director of the respective Basin Directorate.

Art. 149. (1) (amend. - SG 65/06, in force from 11.08.2006) The management of the waters, the water sites and the water economic systems and installations shall be implemented on the basis of river basin management plans.

(2) The plans of para 1 shall be public and related to other plans within the scope of the respective territorial level, including to the plans for regional development, the territory development, the forestry development, the park development and other plans.

(3) (amend. - SG 65/06, in force from 11.08.2006) The plans, which do not comply with the present law and with the river basins management plans shall be possible to be changed by the Council of Ministers following a proposal by the Minister of Environment and Waters.

Art. 149a. (new - SG 65/06, in force from 11.08.2006) (1) For the development of management plans under Art. 149 shall be set out:

1. environmental protection objectives;

2. waters, designated for drinking and household water supply;

3. water protection zones;

4. programs of measures.

(2) For the development of river basins management plans characteristic of the area of basin management shall be carried out.

Section II.

Water management bodies

Art. 150. (amend. - SG 65/06, in force from 11.08.2006) (1) State policy of water management shall be implemented by the Minister of Environment and Waters, whereas the cases under Art. 148a, para 1 - in cooperation with the Minister of Foreign Affairs.

(2) Drafts of international contracts, as well as of other international acts, such as declarations, programs and memorandums, related to waters on Bulgarian territories and their management shall be agreed upon following the provisions of the Law for international contracts.

Art. 151. (1) (new – SG 18/05) The National Assembly shall approve National strategy for management and development of the water sector with which shall be determined the basic objectives, stages, means and methods for development of the water sector.

(2) (prev. art. 151 – SG 18/05) For the management at a national level:

1. the Council of Ministers shall:

a) (revoked - SG 65/06, in force from 11.08.2006);

b) (suppl. - SG 36/06, in force from 01.07.2006) grant concessions for obtaining mineral waters which are exclusive state property;

c) approve national programmes in the sphere of protection and sustainable use of waters;

d) permit the use of waters for the purposes of the defence and the security of the country;

e) (amend. - SG 65/06, in force from 11.08.2006) determine restrictions in the use of waters in unforeseen or exclusive circumstances, concerning different districts of the country;

f) (amend., SG 70/04) determine the quantity of mineral waters of art. 14, Item 2, to be used by medical establishments for hospital care at a grounded proposal by the Minister of Health;

g) determine the tariffs for the fees, collected on the grounds pointed out in this law;

h) propose for approval to the National Assembly National strategy for management and development of the water sector;

i) (new – SG 18/05) approve sector strategies in compliance with the basic objectives, determined in the strategy of para 1.

2. the Minister of Environment and Waters shall:

a) (amend. - SG 65/06, in force from 11.08.2006) implement state policy of water management;

b) (amend. - SG 65/06, in force from 11.08.2006) elaborate and submit for adoption by the Council of Ministers the National strategy of water sector management and development;

c) approve the river basin management plans;

d) develop national programmes in the sphere of protection and sustainable use of waters;

e) (amend. - SG 65/06, in force from 11.08.2006) prepare the national balance of waters;

f) (amend. and suppl. - SG 65/06, in force from 11.08.2006) issue permits for water taking and/or use within the scope of the cases provided for in the present law, as well as regime schedules of water taking from the complex and important dams, specified in Appendix No. 1;

g) (suppl. - SG 65/06, in force from 11.08.2006) determine the order and the way for use of the waters of the complex and important dams, determined in appendix No 1 of the present law, including the order of emergency water discharging;

h) establish the necessary organisation, ensure the financing and make proposal for granting of concessions in the cases, provided for in the present law;

i) (amend. - SG 65/06, in force from 11.08.2006) establish specialized databases, maps, registers and information system of waters;

j) (amend. - SG 65/06, in force from 11.08.2006) organise and manage the monitoring of waters;

k) elaborate the state policy for bilateral and multilateral cooperation in the field of use and protection of waters;

l) publish a periodical bulletin about the status of the water resources of the Republic of Bulgaria;

m) approve the design parameters and schemes for the water economic systems and installations;

n) coordinate the starting of procedures for granting of concessions for water economic systems and installations, which are public state property;

o) coordinate the implementation of the activities of art. 51.

p) (new, SG 81/00; amend. - SG 65/06, in force from 11.08.2006) approve the exploitation resources of mineral waters deposits and develop their water balances;

q) (new - SG 65/06, in force from 11.08.2006) agree upon and coordinate implementation of projects by the bodies under Art. 10, regional governors, municipality mayors and scientific organizations, related to the use, protection and prevention of waters harmful effects;

r) (new - SG 65/06, in force from 11.08.2006) determine the regions of basin management, related to an international area of basin management;

s) (new - SG 65/06, in force from 11.08.2006) determine sanitary – protection zones:

aa) of water taking facilities for mineral waters;

bb) of water taking facilities, located within the borders of national parks;

cc) of complex and important dams under Appendix No. 1, used for drinking and household water supply;

dd) in cases, when the sanitary-protection zone is located on the territory of more than one Basin Directorate;

t) (new - SG 65/06, in force from 11.08.2006) determine exposed zones for protection of waters from contamination with nitrates by agricultural sources;

u) (new - SG 65/06, in force from 11.08.2006) determine sensitive zones for protection of waters from contamination with biogenic substances;

v) (new - SG 65/06, in force from 11.08.2006) draft a list of priority and priority hazardous substances;

w) (new - SG 65/06, in force from 11.08.2006) approve water analysis methods in cases, when no Bulgarian standards are available, as well as methods of analysis of water monitoring data;

x) (new - SG 65/06, in force from 11.08.2006) generate and maintain control-information system of fees under Art. 194, para 1, items 1 – 3;

y) (new - SG 65/06, in force from 11.08.2006) coordinate actions of bodies under Art. 10 with regard to water use;

z) (new - SG 65/06, in force from 11.08.2006) keep the register under Art. 118d, para 1;

ab) (new - SG 65/06, in force from 11.08.2006) set out limitations for use of waters and water sites and specific measures for their protection.

(3) (new - SG 65/06, in force from 11.08.2006) The Minister of environment and waters through the executive Director of the Executive Environmental Agency shall:

1. carry out laboratory and field surveys for determination of the condition of waters;

2. carry out monitoring of waters on a national level;

3. maintain geographical information system for waters on a national level;

4. prepare annual book of the condition of waters.

(4) (new - SG 65/06, in force from 11.08.2006) The Minister of environment and waters through the regional inspection offices of environment and waters within their territorial scope shall:

1. carry out monitoring of waste waters;

2. control objects, generating waste waters, parameters and fulfillment of conditions and requirements set out in the granted permits for outfall of waste waters and integrated permits, granted pursuant to the provisions of the Environmental protection act;

3. control emergency discharge sequences of waste waters;

4. maintain a data base of carried monitoring and control of waste waters condition;

5. update lists of objects, generating emissions of priority and priority hazardous substances.

(5) (new - SG 65/06, in force from 11.08.2006) The Minister of environment and waters through the Directors of the Directorates of National Parks within the territory of the national park shall:

1. control observation of prohibitions and limitations within the sanitary-protection zones;

2. carry out monitoring and control of environmental components and factors, affecting waters condition;

(6) (new - SG 65/06, in force from 11.08.2006) The Minister of environment and waters or an authorized by him/her official shall participate in the National expert council of spatial planning and regional policy in case of consideration of:

1. investment projects for construction, re-construction and reclamation of:

a) water supply and sewage systems and facilities;

b) hydro-energy and hydro-technical systems and facilities;

c) dams and related facilities;

d) facilities for transfer of waters between river basins;

e) facilities for protection from damaging effect of waters;

f) ports, local water ways and underground depots for dragged masses

2. lay out drawings and plans of the territory of the Black sea coast, including beaches and sand dunes and related to them water areas, as well as adjacent to the maritime lakes, lagoons, firths and wet zones.

Art. 152. (1) Determined shall be the following regions for basin management of the waters:

1. Danube region with centre Pleven - covers the water catchment areas of the rivers Iskar, Erma, Nishava, Ogosta and to the west of Ogosta river, Vit, Osam, Yantra and Roussenski Lom and the territory west of the underground watershed of the malm aquifer;

2. Black sea region with centre Varna - covers the territory east of the underground watershed of the malm aquifer and the water catchment areas of the rivers flowing into the Black Sea from the North to the South border including the internal sea waters and the territorial sea;

3. East Aegean Sea region with centre Plovdiv - for the water catchment areas of the rivers Toundzha, Marts and Arda;

4. West Aegean Sea region with centre Plovdiv - for the water catchment areas of the rivers Mesta and Strouma.

in the town of Blagoevgrad - for the water catchment areas of the rivers Mesta and Struma;

(2) The boundaries of the regions shall pass along the watersheds of the water catchment areas of the rivers within the national boundary and the underground watershed of the malm aquifer shall coincide with the western boundary of Shoumen and Dobrich regions and the eastern boundary of Razgrad and Silistra regions.

(3) (new - SG 65/06, in force from 11.08.2006) In cases when underground waters do not follow specific river basin, they shall be identified and with an order of the Minister of environment and waters shall join the closest and the most relevant region of basin management.

(4) (new - SG 65/06, in force from 11.08.2006) Within each region of basin management the Minister of environment and waters can set out sub-basins for one or more of the rivers under para 1.

Art. 153. For the basin water management in the regions of art. 152 shall be established:

1. Basin Directorates under at Ministry of Environment and Waters;

2. Basin Councils.

Art. 154. (1) The Basin Directorates shall be established with an order by the Minister of Environment and Waters, which shall be published in State Gazette.

(2) The activities, organisation of work and the personnel of the Basin Directorates shall be determined with a Regulation issued by the Minister of Environment and Waters.

(3) The Director of the Basin Directorate shall present to the Minister of Environment and Waters annual report about the activities of the Directorate.

(4) The activity of the Basin Directorates shall be coordinated by the Chief Waters Directorate at the Ministry of Environment and Waters.

Art. 155. (1) (prev. text of Art. 155 - SG 65/06, in force from 11.08.2006) The Director of the Basin Directorate shall:

1. (amend. - SG 29/06) establish the boundaries of the waters and the water sites which are public state property, together with the technical services and the services of geodesy, cartography and cadastre of the municipalities;

2. (amend. - SG 65/06, in force from 11.08.2006) develop the river basin management plan;

3. grant permits pursuant to this law;

4. (amend. - SG 65/06, in force from 11.08.2006) plan and participate in carrying out monitoring of waters, summarize and analyze data, including:

a) of precipitations and of levels of surface and underground waters;

b) of chemical and environmental condition of waters;

c) of waste waters.

5. (amend. - SG 65/06, in force from 11.08.2006) maintain specialized data base, maps, registers and information system of waters and keep registers under Art. 182, para 1, item1;

6. collect fees for the granted permits;

7. (amend. - SG 65/06, in force from 11.08.2006) develop programs of measures towards improvement, protection and maintaining of condition of waters;

8. (amend. - SG 65/06, in force from 11.08.2006) determine surface waters, designated for drinking and household water supply in coordination with the Directors of the Regional inspection offices for public health protection and control;

9. (amend. - SG 65/06, in force from 11.08.2006) determine waters to be inhabited by fish and shell species;

10. manage waters being exclusive state ownership, which are not subject to concession;

11 (amend. - SG 65/06, in force from 11.08.2006) manage waters monitoring points and stations including for monitoring and forecasts of risk factors, which may cause damaging effect on waters;

12. (new - SG 65/06, in force from 11.08.2006) determine sanitary-protection zones around the facilities for drinking and household water supply, except for those under Art. 151, para 2, item 2, item t).

13. (new - SG 65/06, in force from 11.08.2006) approve operational resources of underground water bodies, except for the deposits of mineral waters;

14. (new - SG 65/06, in force from 11.08.2006) develop water balances, except for balances of deposits of mineral waters;

15. (new - SG 65/06, in force from 11.08.2006) hold public discussion on river basins management plans;

16. (new - SG 65/06, in force from 11.08.2006) seal water meters for taking readings of the used water quantities of underground waters and check the readings, as well as the readings of measurement devices for surface waters and of facilities for outfall of waste waters;

17. (new - SG 65/06, in force from 11.08.2006) issue periodic bulletin about the condition of waters;

18. (new - SG 65/06, in force from 11.08.2006) generate and maintain a data base of the carried by the Basin Directorate control and of the control, carried out pursuant to the provisions of this law by other persons, authorized by the Minister of environment and waters;

19. (new - SG 65/06, in force from 11.08.2006) organize acceptance of constructed water taking facilities for underground waters;

20. (new - SG 65/06, in force from 11.08.2006) effect cooperation with competent basin management bodies of foreign countries regarding waters management in international basin management regions.

(2) (new - SG 65/06, in force from 11.08.2006) The Director of Basin Directorate or authorized by him/her official shall participate in regional, municipal or district councils of spatial planning, with submitting a written justification of the Basin Directorate in cases when are to be considered:

1. investment projects for construction, re-construction and reclamation of:

a) water supply and sewage systems and facilities, including water treatment plants for drinking and waste waters;

b) hydro-energy and hydro-technical systems and facilities, for which permits have been granted pursuant to the provisions of this law, including for protection from harmful effect of waters;

2. lay out drawings and plans of the territories, including ports, beaches and sand dunes and related to them water areas.

Art. 155ΰ. (new - SG 65/06, in force from 11.08.2006) (1) The Minister of health shall:

1. (in force from 12.08.2007) permit use of waters for drinking and household purposes in cases, when they do not comply with the legislative requirements, set in the Ordinance under Art. 135, item 3;

2. approve materials, chemicals and biocides, which get in contact with waters, designated for drinking and household purposes according to a procedure, set in the Ordinance under Art. 135, item 3.

3. manage the monitoring of quality of waters, used for drinking and household purposes, of waters for swimming and of mineral waters, used for healing, prophylactic, drinking and household purposes, bottling, hygienic purposes, sports and recreation and summarize the results on a national level;

4. issue certificates and balneological assessments of mineral waters;

5. coordinate sanitary-protection zones under Art. 151, para 2, item 2, item "t";

6. develop in cooperation with the Minister of Regional Development and Public Works and the Minister of Environment and Waters a National action plan for improvement of quality of waters for drinking and household purposes.

(2) Use of waters under para 1, item 1 can be permitted also by authorized by the Minister of Health directors of regional inspection offices of public health protection and control.

(3) The Minister of health through regional inspection offices of public health protection and control shall:

1. inform users in case of identified discrepancies in the quality of waters under para 1, item 3, when these discrepancies can cause risks for health;

2. carry out monitoring and control of quality of waters under para 1, item 3;

3. generate and maintain a data base and summarize the results of accomplished monitoring and control;

4. coordinate sanitary-protection zones around the facilities for drinking and household water supply, except for the cases under para 1, item 5;

5. control observance of sanitary-hygienic requirements within the borders of sanitary-protection zones;

6. provide to the Basin Directorates of waters management:

a) periodically information about the accomplished monitoring and control of surface waters, designated for drinking and household water supply, and of waters for swimming;

b) within 7 days information about cases of discrepancy in quality of the water, used for drinking and household purposes, when there are reasons to presume that this is due to modified condition of the water body, from which water taking is done.

Art. 156. (1) The Basin Council shall be a state public consultative commission for supporting the activities of the Basin Directorate.

(2) (amend. - SG 65/06, in force from 11.08.2006) The Basin Council shall include representatives of the state administration, the municipal administration, the water users and the non-profit legal persons within the range of the basin as well as representatives of the scientific organisations connected with the water issues.

(3) The activities, the structure, the organisation of work and the staff number of the Basin Council shall be determined in a structural regulation, issued by the Minister of Environment and Waters.

(4) For their activity the members of the Basin Council shall not receive remuneration.

Section III.

Environmental protection objectives (new - SG 65/06, in force from 11.08.2006)

Art. 156ΰ. (new - SG 65/06, in force from 11.08.2006) (1) Objectives under Art. 149a, para 1, item 1 for environmental protection with regard to quantity and quality of waters shall be determined for:

surface waters for:

a) prevention of deterioration of the condition of all surface water bodies;

b) protection, improvement and reclamation of all surface water bodies in order to achieve good c) condition of waters;

d) protection and improvement of waters in all artificial and considerably modified water bodies and achievement of satisfying environmental potential and good chemical condition of surface waters;

e) prevention, progressive reduction and termination at once or by stages of contamination by emissions, outfalls and discharging of priority and priority hazardous substances;

2. underground waters for:

a) avoiding or control of discharging of contaminants in underground waters and prevention of deterioration of the condition of all underground water bodies;

b) protection, improvement and reclamation of all underground water bodies, providing balance between water taking and feeding of underground waters and achieving good condition of waters;

c) identification and reversing as soon as the contamination threshold is reached of each significant and continuous tendency of increase of concentration of each contaminant with regard to continuous reduction of contamination of underground waters.

(2) Measures and deadlines for achievement of environmental protection objectives under para 1 shall be set out in the river basins management plans.

(3) In cases, when for one water body more than one objective pursuant to para 1 is set, the most strict one shall be accepted.

Art. 156b. (new - SG 65/06, in force from 11.08.2006) (1) The surface water body can be determined as artificial or considerably modified, when:

1. the modifications of hydro-morphological characteristics of the water body can have significant adverse effects on:

a) the environment;

b) maritime traffic, port facilities and places of recreation and sports;

c) activities, for implementation of which backwatering for drinking and household water supply, for watering or for electricity production shall be required;

d) regulation of waters, protection from floods, dewatering of lands;

e) other activities, as important as these for sustainable development;

2. Benefits from modified characteristics of the water body cannot be achieved with any other means due to technical feasibility or economical inefficiency.

(2) Determination of bodies under para 1, as well as of reasons and grounds for determination of each water body and their updating shall be set out in the river basins management plans.

Art..156c. (new - SG 65/06, in force from 11.08.2006) Terms under Art. 156a, para 2 can be extended with the update of river basins management plans for gradual achievement of environmental protection objectives in cases, when deterioration of the condition of concerned water body has been terminated and the following conditions are available:

1. the competent body identifies that it is impossible to achieve an improvement of water bodies condition within the set time limits under Art. 156a, para 2, when:

a) the required improvements can be implemented only on a stage-by-stage basis over a longer period due to reasons of technical nature;

b) the improvement of water bodies condition within the set time limits is economically inefficient;

c) natural conditions do not allow improvement of the water body condition within the set time limits;

2. in the river basin management plan are indicated:

a) extension of the time limit and respective reasons are justified;

b) scheduled measures for stage-by-stage adjustment of water bodies to the intended condition within the time limits under item 3, time schedule of their implementation and the reasons of each considerable delay;

3. the extension is for a period not longer than two subsequent updates of the river basin management plan, except for the cases, when the natural conditions do not allow achievement of objectives within these time limits;

4. review of implementation of all measures is included in the updated river basin management plan.

Art. 156d. (new - SG 65/06, in force from 11.08.2006) Environmental protection objectives can be less strict for certain water bodies, when during the analysis and the review under Art. 156h, items 1 and 2 it is identified, that they are considerable affected by human activity or for which the natural conditions are such, that the achievement of environmental protection objectives under Art. 156a, para 1 is impossible or economically inefficient or when the following conditions are fulfilled:

1. environmental and social and economical needs, provided for by this activity, cannot be implemented by such means, guaranteeing considerably better environmental protection at comparable expenses;

2. effects are available, which could not be avoided due to the nature of the human activity or of the contamination and the following is achieved:

a) the best possible environmental and chemical condition of surface waters;

b) the smallest possible changes in the good condition of underground waters;

3. no further deterioration of the condition of waters of the concerned water body is occurring;

4. reasons for setting out less strict environmental protection objectives are indicated in the river basin management plan and these objectives are subject to revision every 6 years.

Art. 156e. (new - SG 65/06, in force from 11.08.2006) Temporary deterioration of the water bodies condition shall not be deemed breach of this law, when its is caused by non-foreseeable or extraordinary circumstances, including floods or long-lasting droughts in cases when:

1. all practical measures have been undertaken for prevention of further deterioration of waters condition and achievement of objectives of environmental protection for other water bodies, not affected directly by these circumstances, is not hindered;

2. all circumstances, which may be determined as non-foreseeable or extraordinary, are indicated in the river basin management plan;

3. measures to be implemented in case of occurrence of non-foreseeable or extraordinary circumstances are included in the program under Section V and shall not hinder restoration of the water body condition after these circumstances lapse

4. consequences of these circumstances shall be considered annually, and in cases under Art. 156c, item 1 all practical measures shall be undertaken for the most rapid possible restoration of the water body condition;

5. in the next river basin management plan update a brief overview of consequences of these circumstances, of the undertaken and of the scheduled measures pursuant to item 1 and 4 is included.

Art. 156f. (new - SG 65/06, in force from 11.08.2006) (1) There is no breach of this law in cases, when:

1. no good environmental condition of surface waters or good environmental potential of considerably modified water bodies is achieved or there was no prevention of deterioration of their condition resulting from:

a) new modification of physical properties of the surface water body;

b) new activities for sustainable development of the population having social and economical effect;

2. no good condition of underground waters is achieved or deterioration of their condition as a result of change of their level was not prevented.

(2) In cases under para 1 it is required that:

1. all practical measures for reduction of the adverse effect on the water body condition have been undertaken;

2. the reasons of the identified changes or discrepancies are explicitly indicated and explained in the river basin management plan and the objectives are being revised every 6 years;

3. the reasons of these changes or discrepancies are in public interest or benefits thereof for human health and safety or for consistent development prevail over the benefits for the environment and for the community from achievement of objectives under Art. 156a, para 1;

4. benefits, achieved with these changes or discrepancies in the water body condition due to technical reasons or excessive consumption cannot be achieved by any other means, undertaking of which is more favourable for the environment.

Art. 156g. (new - SG 65/06, in force from 11.08.2006) The provisions of Art. 156b – 156f shall apply only to individual water bodies, specified in the river basin management plant, provided that achievement of environmental protection of other water bodies is not hindered.

Section IV.

Characterization of the region of basin management of waters (new - SG 65/06, in force from 11.08.2006)

Art. 156h. (new - SG 65/06, in force from 11.08.2006) For each region of basin management of waters or for the part of the international region are made:

1. analysis of its characteristics,

2. review of effect of human activity on the condition of surface and underground waters, and

3. economic analysis of water intake under Art. 192, para 2, item1.

Art. 156i. (new - SG 65/06, in force from 11.08.2006) (1) The analysis under Art. 156h, item 1 shall be carried out under the conditions and according to a procedure, set out in the Ordinance under Art. 135, item 2 and the Ordinance under Art. 135, item 9.

(2) When carrying out analysis under para 1 shall be determined:

1. surface and underground water bodies;

2. strongly modified and artificial surface water bodies;

3. the types of surface water bodies of each category:

a) rivers;

b) lakes;

c) transitional waters;

d) in-shore waters.

Art. 156j. (new - SG 65/06, in force from 11.08.2006) The revision of the effect under Art. 156 h, item 2 shall include determination of water bodies, for which there is a risk of non-achievement of the set objectives for environmental protection.

Art. 156k. (new - SG 65/06, in force from 11.08.2006) Information under Art. 156h – 156j shall be reviewed and, if required, shall be updated every 6 years after the first update.

Section V.

Program of measures for water protection and recovery (new - SG 65/06, in force from 11.08.2006)

Art. 156l. (new - SG 65/06, in force from 11.08.2006) (1) For each region of basin management and for each part of the international region of basin management a program of measures shall be drafted, in consideration of analyses under Section IV and the objectives under Section III.

(2) The Minister of environment and waters can set measures, which shall be applicable in all regions of basin management of waters and/or for the parts of international regions of basin management.

Art. 156m. (new - SG 65/06, in force from 11.08.2006) (1) Each program shall include general and, where applicable, supplementary measures.

(2) The general measures shall provide the fulfillment of the minimum obligatory requirements and shall include:

1. measures, required for the application of normative acts with regard to waters protection;

2. measures, providing application of the principle of the more complete repayment of expenses for water services, including for the resource and environmental protection;

3. measures for supporting effective and sustainable use of waters for achievement of objectives related to environmental protection pursuant to Section III;

4. measures for protection of waters for drinking and household water supply, including measures for their quality protection with regard to reduction of the degree of treatment in order to obtain waters of drinking properties;

5. control of water taking of fresh surface and of underground waters, backwatering of fresh surface waters, including:

a) granting permits for water taking;

b) entering permits under item "a" into registers under Art. 182 and 183;

c) periodic revision and updating of control;

6. control of artificial feeding of underground waters, including:

a) granting a permit for artificial feeding of underground waters;

b) periodic revision and updating of control;

7. control of emissions by setting prohibitions for introduction of contaminants from point sources of contamination or requirements for granting permits and their periodic revision and updating;

8. setting prohibitions for introduction of contaminants from diffusive sources of contamination and measures for contamination prevention or control, including by bringing to application of requirements for the cases, when such are not provided in the national legislation, as well as their periodic revision and updating;

9. measures for prevention and reduction of all other considerable adverse effects on the condition of waters, set out during the revision under Art. 156h, item 2 in order to provide compatibility between hydro-morphological conditions in water bodies and obtaining relevant environmental condition or good environmental potential of water bodies, defined as artificial or strongly modified.

10. measures for termination of contamination of surface waters with priority substances and for gradual reduction of contamination with other substances, which may hinder achievement of objectives for environmental protection for surface water bodies, defined in Art. 156a;

11. other measures for prevention of technical losses of contaminants and for prevention and/or reduction of the effect of emergency contaminants as a result of floods, including:

a) systems of identification and warning of such events;

b) all relevant measures for reduction of risk for water environmental systems in case of unexpected accidents;

(3) Supplementary measures are intended and are applied in addition to the general measures for achieving the objectives under Section III and can be:

1. legislative measures;

2. administrative measures;

3. economical and/or financial measures;

4. agreements related to environmental issues;

5. measures for emissions control;

6. codes of good practices;

7. recovery and establishment of wet zones;

8. measures for water taking control;

9. measures for usage management, including encouragement of application of water-saving technologies in agriculture, industry and household, in the regions, affected by drought;

10. measures for efficiency and re-use of waters in industry;

11. construction projects;

12. de-salting plants;

13. rehabilitation and reconstruction projects;

14. artificial feeding of underground waters;

15. educational projects;

16. surveying, development and demonstration projects;

17. other measures.

(4) Programs of measures can contain, apart from the measures under para 2 and 3, also other measures providing further protection and recovery of waters, including for fulfillment of international agreements, under which Bulgaria is a party thereof.

Art. 156n. (new - SG 65/06, in force from 11.08.2006) (1) When information from the monitoring or any other data show, that objectives for environmental protection of a certain water body cannot be achieved through the foreseen measures and/or within the set time period, a program shall be worked out for it, including:

1. study of reasons of possible non-fulfillment;

2. review and, if required, amendment of conditions of granted permits;

3. review and, if required, modification of monitoring programs;

4. undertaking any other measures, including setting out more strict individual emissions limitations pursuant to the procedure set in the Ordinance under Art. 135, item 13.

(2) When the reasons under para 1, item 1 are a result of extraordinary and unforeseeable circumstances, including floods and long-lasting droughts, pursuant to the provisions of Art. 156e supplementary measures may not be implemented.

Art. 156o. (new - SG 65/06, in force from 11.08.2006) Implementation of programs of measures cannot result directly or indirectly in an increase of contamination of surface and sea waters, neither to environmental pollution.

Art. 156π. (new - SG 65/06, in force from 11.08.2006) (1) Programs of measures shall be worked out within the frames of river basin management plans.

(2) Programs shall be subject to review and, if required, in consideration of achieved results, shall be updated every 6 years.

(3) All new or revised measures, included in the updated program, shall be implemented within three years after their approval.

Section VI.

River basins management plans (Prev. text of Section III, title amend. - SG 65/06, in force from 11.08.2006)

Art. 157. (amend. - SG 65/06, in force from 11.08.2006) River basins management plans shall be developed for each region of basin management of waters and shall include:

1. general description of characteristics of the region of basin management pursuant to Section IV, including:

a) of surface waters:

aa) maps indicating the location and borders of surface water bodies;

bb) maps of environmental regions and of types of surface wayer bodies;

cc) determination of reference conditions for the types of surface water bodies;

b) of underground water maps indicating the location and borders of underground water bodies;

2. brief overview of significant kinds of pressure and impact as a result of human activity on the condition of surface waters and underground waters, including:

a) assessment of contamination from point sources;

b) assessment of contamination from diffusion sources, including revision of use of lands;

c) assessment of effect on quantities of waters, including water taking;

d) analysis of other effects as a result of human activity on condition of waters;

3. list and maps of zones of protection of waters;

4. maps of networks of monitoring of surface waters, underground waters and of zones of protection of waters;

5. cards with monitoring results of:

a) environmental and chemical condition of surface waters;

b) quantitative and chemical condition of underground waters;

c) zones of protection of waters;

6. list of objectives for environmental protection for surface and underground water bodies and zones of protection of waters, including cases under Art. 156c – 156f and related to this information;

7. (amend. - SG 65/06, in force from 11.08.2006) brief overview of economical analysis of water taking;

8. brief review of programs of measures for achieving environmental protection objectives, including:

a) list of measures under Art. 156m, para 2, item 1;

b) report on effects and list of measures under Art. 156m, para 2, item2;

c) list of measures under Art. 156m, para 2, item 4

d) list of measures under Art. 156m, para 2, item 5 and 6, with indication of registers of permits for water taking and of cases, when water taking or backwatering do not have significant effect on condition of waters;

e) list of measures under Art. 156m, para 2, item 7 and 9;

f) description of cases of permitted direct discharge of contaminants in underground waters pursuant to Art. 118a, para 2, 3, 4, 7 and 9;

g) list of measures for prevention of waters contamination with priority substances;

h) list of measures for prevention or reduction of the effect of emergency contaminations;

i) list of measures under Art. 156n;

j) description of supplementary measures;

k) description of measures under Art. 156o for prevention of contamination of sea waters;

9. register of all other similar programs and plans within the scope of the region of the basin management, related to individual sub-basins, sectors, problems or types of waters, along with a description of their content;

10. list of measures subject to public discussion, achieved results from their implementation and related to that modification of the plan;

11. title and address of the competent body for waters management;

12. contact persons and procedures for obtaining documentation and information under Section Vii, as well as about the programs of measures and information from the monitoring, carried out in compliance with the provisions of Section VIII and the Ordinance under Art. 135, item 14.

Art. 158. (1) (amend. - SG 65/06, in force from 11.08.2006) When developing river basins management plans prognostic studies of water needs for different economical sectors and for administrative-territorial units shall be used.

(2) For the purposes of para 1 all administrative units and state-financed scientific institutes shall be obliged to provide for free all available relevant information.

Art. 159. (amend. - SG 65/06, in force from 11.08.2006) (1) River basins management plans shall be reviewed and updated every 6 years.

(2) Plan updating, except for the information under Art. 157, shall also contain:

1. list of all amendments and updates over the period from the promulgation of the preceding plan, including a brief overview of circumstances under Art. 156c-156f;

2. assessment of the level of achievement of environmental protection objectives, including presentation of cards containing the results of the monitoring for the period of operation of the preceding plan, and explanation of the reasons of non-fulfillment of non-achieved objectives;

3. list of measures, set out in the preceding plan, which have not been undertaken and explanation of the reasons;

4. list of supplementary measures under Art. 156n, set out in the preceding plan.

Art. 160. (amend. - SG 65/06, in force from 11.08.2006) River basins management plans and their updates shall be approved by the Minister of environment and waters.

Art. 161. (revoked – SG 65/06, in force from 11.08.2006)

Art. 162. (revoked – SG 65/06, in force from 11.08.2006)

Art. 163. (revoked – SG 65/06, in force from 11.08.2006)

Art. 164. (revoked – SG 65/06, in force from 11.08.2006)

Art. 165. (revoked – SG 65/06, in force from 11.08.2006)

Art. 166. (revoked – SG 65/06, in force from 11.08.2006)

Art. 167. (revoked – SG 65/06, in force from 11.08.2006)

Art. 168. (revoked – SG 65/06, in force from 11.08.2006)

Section VII.

Public information and consultations (new – SG 65/06, in force from 11.08.2006)

Art. 168a. (new – SG 65/06, in force from 11.08.2006) When developing, carrying out the revision and updating of river basins management plans information to the public should be provided about the scheduled measures and achieved results of their implementation.

Art. 168b. (new – SG 65/06, in force from 11.08.2006) (1) For each region of basin management shall be promulgated and announced to the public, including to water users, for consultations and written comments:

1. time schedule and working program for the development of the river basin management plan and public discussions to be held;

2. provisional review of identified problems, related to waters management;

3. draft plan of river basin management.

(2) The information under para 1 shall be provided to the public:

1. on item 1 – at least three years before the start of the period, to which the plan refers;

2. on item 2 – at least two years before the start of the period, to which the plan refers;

3. on item 3 – at least one year before the start of the period, to which the plan refers;

(3) The information under para 1 shall be released on the Internet site of the respective Basin Directorate and on the Internet site of the Ministry of Environment and Waters.

(4) The announcement, that the information under para 1 has been released, shall be issued in at least two central daily newspapers and in the electronic mass media.

(5) In cases under para 1, item 3 upon request access to documents and the information, used for the development of the draft river basin management plan, shall be provided.

Art. 168c. (new - SG 65/06, in force from 11.08.2006) (1) Documents under Art. 168b, para 1 shall be made public for comments for a period of 6 months.

(2) Each person within the time under para 1 can consult the respective Basin Directorate about the documents under Art. 168b, para 1 and to submit written comments.

(3) Comments under para 2 shall be an integral part of documents to the river basin management plan.

Art. 168d. (new - SG 65/06, in force from 11.08.2006) When updating the river basin management plan the provisions of Art. 168b and 168c shall apply.

Section VIII.

Monitoring of waters and of zones of protection of waters (Prev. text of Section IV, title amend. – SG 65/06, in force from 11.08.2006)

Art. 169. (amend. - SG 65/06, in force from 11.08.2006) (1) Monitoring of waters and of zones of water protection shall provide coordinated and comprehensive review of the condition of waters in each region of basin management.

(2) Monitoring shall be carried out pursuant to approved by the Minister of environment and waters programs, developed by the Basin Directorates in consideration of the specific of water bodies and their characteristics.

(3) Review under para 1 and programs under para 2 shall be part of the national environment monitoring system.

Art. 169a. (new - SG 65/06, in force from 11.08.2006) (1) For the monitoring of surface waters programs of control, operative and, if required, surveying monitoring shall be developed;

(2) Programs of surface waters monitoring shall include:

1. hydrological and morphological observation, including the volume, water quantity and water level for determination of environmental and chemical condition and water body environmental potential;

2. observations of environmental and chemical condition and environmental potential;

Art. 169b. (new - SG 65/06, in force from 11.08.2006) (1) For monitoring of underground waters programs of control and operative monitoring.

(2) Programs of underground waters monitoring shall include observations for chemical and quantitative condition of the underground water body.

Art. 169c. (new - SG 65/06, in force from 11.08.2006) (1) For the zones of water protection programs under Art. 169a and 169b shall be supplemented with observations, related to the specifics of the zone, set out in the law and in the act of its establishment.

(2) Water protection zones, characterized as water bodies in risk, shall be included in programs of operative monitoring of surface and underground waters.

(3) In cases under para 1 monitoring of factors, affecting the condition of these water bodies, including the effect, caused by the implementation of programs of measures shall be carried out.

(4) Monitoring under para 1 shall continue, until the objectives set in the river basin management plan for environmental protection are achieved for the specific zone.

Art. 170. (1) (amend. - SG 65/06, in force from 11.08.2006) Waters monitoring networks shall be:

1. for precipitations and surface waters, including hard run-off;

2. for underground waters;

3. for sea waters;

4. control and information system about waste waters condition

(2) Networks under para 1, item 1, 2 and 3 shall include points and/or stations.

(3) (amend. - SG 65/06, in force from 11.08.2006) The procedure and the method of establishment of networks and implementation of activities related to operation, maintenance, communication provisions and laboratory and information servicing shall be set in the Ordinance under Art. 135, item 14.

Art. 171 (1) (amend. - SG 65/06, in force from 11.08.2006) The Minister of environment and waters shall organize and manage waters monitoring.

(2) measurements, observations and laboratory analyses shall be carried out by the Basins Directorates according to standardization documents, and where these are not available - under the procedure of Art. 170, para 3.

(3) Data under para 2 shall be collected and kept by the Basins Directorates.

Art. 172. (amend. - SG 65/06, in force from 11.08.2006) The Ministry of Environment and Waters and the Ministry of Transport shall establish and maintain that part of the waters monitoring network, which relates to the Danube river.

Art. 173. (1) Assessment and forecasts of waters quantity and quality under the criteria, set in this law, shall be carried out, as follows:

1. on a basin level – by the Basins Directorates;

2. on a national level – by The Ministry of Environment and Waters.

(2) Data, assessments, change tendencies and forecasts of waters quantity and quality shall be released in a Bulletin of waters condition in the Republic of Bulgaria.

Art. 174. (1) The Minister of Environment and Waters can oblige water users and/or users of water sites to carry out their own monitoring of waters quantity and quality according to Art. 171, para 2.

(2) Persons under para 1 shall keep the information about accomplished measurements for a period of 6 years.

(3) Bodies under Art. 52, para 1, item 2 and 3 in the course of implementation of their control functions shall have the right of access at any time to the facilities under para 1 and to the information under pr. 2.

(4) (amend. - SG 65/06, in force from 11.08.2006) In case of termination of the right of water taking and/or use of a water site, the information under para 2 shall be submitted to the respective Basin Directorate for retaining.

Art. 175. (amend. - SG 65/06, in force from 11.08.2006) Data from the observations and assessments, obtained as a result of monitoring of waters, as well as of on-site monitoring, shall be the basis for carrying out control and for imposing fines in case of noncompliance with the normative requirements.

Section IX.

Specialized water economy maps, registers and information system (Prev. text of Section V, title amend. – SG 65/06, in force from 11.08.2006)

Art. 176. (1) (amend. - SG 65/06, in force from 11.08.2006) Specialized water economic maps, registers and the information system shall provide data about the ownership and the condition of water sites and contained in them waters on the territory of the country, as well as about the existing water economy systems and facilities.

(2) (amend. - SG 65/06, in force from 11.08.2006) The maps, registers and the information system under para 1 shall be maintained in order to provide rational use of water sites, their recovery and protection.

Art. 177. (1) (amend. - SG 65/06, in force from 11.08.2006) Data from the specialized maps, registers and the information system characterize the condition of waters and water sites with their quality and quantitative properties, the level of their exploration and usage.

(2) Data under para 1 shall be updated in compliance with the data of the monitoring under Section IV.

Art. 178. (amend. - SG 65/06, in force from 11.08.2006) (1) Registers under Art. 176, para 1 and the information system for the respective regions of basin water management shall be maintained by the Basin Directorates.

(2) The content of the specialized water economy maps, registers and the information system, the conditions and procedures of their generation and maintenance shall be set out with an Ordinance of the Minister of environment and waters and the Minister of regional development and public works.

Art. 179. (amend. - SG 65/06, in force from 11.08.2006) Water sites shall be plotted on the maps and recorded in the registers under Art. 176, para 1 by characteristics in consideration of their components.

Art. 180. (1) (amend. - SG 65/06, in force from 11.08.2006) The maps and the registers under Art. 176, para 1 shall be public.

(2) (amend. - SG 65/06, in force from 11.08.2006) Persons can use data from the maps and the registers under Art. 176, para 1 against payment.

(3) Fees for the services under para 1 shall be fixed with an Act of the Council of Ministers.

Art. 181. (amend. - SG 65/06, in force from 11.08.2006) On the grounds of the data under Art. 177 water economy balances and assessments of the condition of waters and water sites shall be worked out.

Section X.

Registers (Prev. text of Section VI – SG 65/06, in force from 11.08.2006)

Art. 182. (1) Registers under this section shall be maintained by:

1. (amend. - SG 65/06, in force from 11.08.2006) Basin Directorates of:

a) permits under Art. 52, para 1, item 3;

b) water protection zones under Art. 119a;

c) programs and plans under Art. 157, item 9;

d) of water taking facilities for underground waters under Art. 118d, para3;

e) of the facilities under Art. 118e, para 1;

2. (amend. - SG 65/06, in force from 11.08.2006) Ministers of Art. 10, para 1, item 1, 2 and 3, concluding concession contract;

3. (amend. - SG 65/06, in force from 11.08.2006) municipal administrations – under Art. 41, para 3, item 2.

(2) Basin Directorates shall register also applications for respective water takings and/or uses.

(3) (new - SG 65/06, in force from 11.08.2006) In the registers under para 1 modifications of circumstances subject to registration shall be entered.

Art. 183. (amend. - SG 65/06, in force from 11.08.2006) The Minister of environment and waters shall:

1. maintain a register of permits under Art. 52, para 1, item 1 and 2;

2. maintain a register of granted concessions for waters – exclusive state ownership;

2a. (new - SG 65/06, in force from 11.08.2006) maintain the register of Art. 118d, para 1;

3. generalize registers under Art. 182, para 1.

Art. 184. (1) Registers under this section shall be public.

(2) For using relevant information a fee, fixed with an Act of the Council of Ministers shall be paid.

Section XI.

Control over the waters, water sites, water economic systems and installations (Prev. text of Section VII – SG 65/06, in force from 11.08.2006)

Art. 185. (1) The control under the present section shall be carried out by the competent bodies of art. 52, para 1, items 2 and 3 as regards the observation of the normative requirements and the plans, as well as of the conditions and the requirements of art. 56.

(2) The control of para 1 shall be carried out also at the request of the interested people.

(3) The costs for establishing the breaches by the order of para 2 shall be paid by the offender.

Art. 186. (amend. - SG 65/06, in force from 11.08.2006) The control over the protection of the water sites, installations and systems shall be carried out by the competent bodies under art. 52, para 1, items 2 and 3 with regard to the observation of the normative requirements and the plans, as well as to the conditions and the requirements for carrying out of the water taking.

Art. 187. (1) The Ministry of Environment and Waters shall control:

1. (amend. - SG 65/06, in force from 11.08.2006) the quantity and the quality of waters;

2. (amend. - SG 65/06, in force from 11.08.2006) the observation of the requirements of the permit for water taking when it is issued by the Minister of Environment and Waters;

3. the observation of the conditions under the concession contracts for waters, which are exclusive state property.

4. the design parameters of the water economic installations and systems, elements of which are the complex and important dams, listed in appendix No 1, the condition of their control and measuring devices, the condition of the networks for quantitative and qualitative characteristics of the waters;

5. (amend. - SG 65/06, in force from 11.08.2006) the observation of the prescribed regime for usage of the waters of the complex and important dams, listed in appendix No 1 to the present law.

(2) The Minister of Environment and Waters shall issue:

1. methodologies for control of the water resources;

2. (amend. - SG 65/06, in force from 11.08.2006) methodologies for preparation of the water balances, of the water economic balances and the National Water Balance;

3. methodologies for distribution of the waters from the dams and for use of the water resources;

4. methodology for determining of the operational resources of the underground waters.

Art. 188. (1) The Basin Directorates shall control:

1. (amend. - SG 65/06, in force from 11.08.2006) the condition and the flow capacity of the river beds and of the discharging installations;

2. (amend. - SG 65/06, in force from 11.08.2006) the execution of activities in the river beds;

3. the condition and the proper operation of:

a) the water taking installations, the installations for use of the surface and the underground waters and the facilities for measuring the water quantities;

α) (revoked - SG 65/06, in force from 11.08.2006)

β) (revoked - SG 65/06, in force from 11.08.2006)

γ) (revoked - SG 65/06, in force from 11.08.2006)

e) the control and measuring devices of the hydro-technical installations, the tailings ponds, the slag ponds, the solid waste deposits and the systems for control of their safety;

4. (amend. - SG 65/06, in force from 11.08.2006) the fulfilment of the conditions of the issued permits under the present law;

5. (amend. - SG 65/06, in force from 11.08.2006) quantity and quality of waters;

6. the maintenance of the minimum admissible run-off in the rivers;

7. (amend. - SG 65/06, in force from 11.08.2006) own monitoring o waters ;

8. the waste water treatment plants;

9. (new - SG 65/06, in force from 11.08.2006) fulfillment of obligations for paying the fees under Art. 194, para 1, item 1-3;

10. (new - SG 65/06, in force from 11.08.2006) observation of prohibitions and restrictions within the boundaries of sanitary-protection zones;

11. (new - SG 65/06, in force from 11.08.2006) implementation of programs of measures under Section V.

(2) Information about the results of the implemented control activity of para 1 shall be sent monthly to the Ministry of Environment and Waters.

Art. 189. The Minister of Health shall control:

1. (amend. - SG 65/06, in force from 11.08.2006) the quality of the water, designated for drinking-household needs;

2. (amend. - SG 65/06, in force from 11.08.2006) the quality of the mineral water, designated for drinking or used for prophylactic, healing and hygienic purposes, including the bottled mineral waters in the retail trade network;

3. (amend. - SG 65/06, in force from 11.08.2006) the quality of the water, designated for swimming.

Art. 190. (1) (amend. - SG 108/01; amend. - SG 65/06, in force from 11.08.2006) The Minister of Regional Development and Public Works, the Minister of the Agriculture and Forestry and the Minister of Economy and Energy shall control the state of the water sites, the water economic systems and installations in the scope of their competence.

(2) The Minister of Transport shall control the use for transport purposes of the internal sea waters, the waters of the territorial sea and the waters of the Danube river.

(3) (amend. - SG 65/06, in force from 11.08.2006) The Minister of the state policy for disasters and accidents shall control the preparation of the emergency plans under the present law and the implementation of their requirements.

Art. 191. (1) (prev. text of Art. 191 - SG 65/06, in force from 11.08.2006) The mayor of the municipality shall control:

1. (amend. - SG 65/06, in force from 11.08.2006) the construction, maintenance and the proper operation of the sewerage networks and of the facilities for treatment of household waste waters;

2. the construction, maintenance and operation of the water economic systems of art. 19, item 4;

3. (amend. - SG 65/06, in force from 11.08.2006) the construction and the registration of the wells for individual water taking from the underground waters on the territory of the municipality.

(2) (new - SG 65/06, in force from 11.08.2006) The execution of activities under para 1 shall be controlled by the regional governors.

Chapter eleven.

FINANCIAL ORGANISATION AND ECONOMIC REGULATION

Art. 192. (amend. - SG 65/06, in force from 11.08.2006) (1) Economic regulation shall be based on the principle of repayment of expenses for water services, including for the environmental ones and for the resource, and on the principle "the pollutant shall pay".

(2) For the purposes of economic regulation:

1. (amend. - SG 65/06, in force from 11.08.2006) economic analysis of water taking shall be developed:

2. pricing policy shall be implemented, providing relevant incentives for the consumers for effective use of waters in view of achievement of environmental protection objectives.

Art. 192a. (new - SG 65/06, in force from 11.08.2006) (1) The economic analysis under Art. 192, para 2, item 1 shall be developed for each region of basin management of waters and shall contain:

1. assessment of the contribution of different water users, divided as a minimum into categories of industry, agriculture and household users to repayment of expenses for water services;

2. comprehensive and detailed information about repayment of expenses for water services in view of long term forecasts for supply and use of waters, and, whenever required, also:

a) evaluation of quantities, prices and expenses, related to water services;

b) assessment and anticipation of required investments;

3. consideration on the most efficient from the point of view of the "cost-benefit" ratio combination of measures, which shall be included in the program under Section V.

(2) When identifying the scope of information under para 1 the cost of gathering of relevant data shall also be taken into consideration.

Art. 192b. (new - SG 65/06, in force from 11.08.2006) Pricing policy under Art. 192, para 2, item 2 and the assessment under Art. 192a, para 1, item 1 shall be made in consideration of the social and economic effect and the environmental protection effect from the repayment of expenses, as well as in consideration of geographic and weather conditions in the respective regions.

Art. 192c. (new - SG 65/06, in force from 11.08.2006) Measures for providing for the pricing policy under Art. 192, para 2, item 2 and the contribution of water users under Art. 192a, pr. 1, item 1 shall be included into the river basins management plans.

Art. 193. (amend. - SG 65/06, in force from 11.08.2006) Public relations concerning water supply and sewage services shall be regulated by the Law for regulation of water supply and sewage services, subject to the requirements of this present law.

Art. 194. (amend. - SG 65/06, in force from 11.08.2006) (1) For the right of use of waters shall be paid:

1. fee for water taking from:

a) surface waters;

b)underground waters;

c) mineral waters;

2. fee for use of a water site for:

a) taking out alluvial deposits from surface waters;

b) aquatic cultures and related to them activities;

c) recreation and water sports;

3. contamination fee for:

a) outfall of waste waters into surface waters;

b) discharge of contaminants into underground waters;

4. concession fee.

(2) The fee under para 1, item 1 shall be fixed based on the taken water volume, except for the cases of water taking of mineral waters.

(3) Fee for water taking from mineral waters shall be fixed based on the extended water volume and the mineral water temperature.

(4) Fee under para 1, item 2 shall be fixed based on the consumed volumes or areas of the water site.

(5) Fee under para 1, item 3 shall be fixed based on the mass of individual contaminants.

(6) The amount of fees under para 1, items 1-3 shall be set out with a tariff of the Council of Ministers.

(7) Fee for water taking under para 1, item 1, items "a" and "b" shall not be subject to payment in case of:

1. Art. 43, para 2;

2. fire fighting;

3. when water taking is for draining purpose.

Art. 194a. (new - SG 65/06, in force from 11.08.2006) (1) The taken during water taking water volume or the volume of waste waters shall be measured by means of certified measuring devices meeting legislative requirements.

(2) The fee under Art. 194, para 1, item 1 and 3 shall be fixed based on the permitted annual water volume prior to installation or in case of damage of the facilities under para 1.

(3) In cases of damage of facilities under para 1 the permit holder for water taking shall be obliged immediately to notify the controlling body and to repair the damage within one month.

Art. 195. (amend. - SG 65/06, in force from 11.08.2006) (1) The payment for the special right of use on waters – exclusive state ownership, and water sites – public state ownership, shall include concession fee.

(2) The concession fee in case of concession for mineral waters shall be fixed based on supplied quantities of mineral waters.

Art. 195a. (new - SG 65/06, in force from 11.08.2006) (1) Fees under Art. 194, para 1, items 1 – 3, as well as fines and proprietary sanctions pursuant to this present law, imposed by the bodies under Art. 201, para 2, shall be paid to the budget account of the Basin Directorate or of the Ministry of Environment and Waters, stated in:

1. the permit, granting the right of use of waters;

2. the penal decree.

(2) In any case of payment the permit holder shall send to the body, having issued the permit, a copy of the payment document.

Art. 195b. (new - SG 65/06, in force from 11.08.2006) (1) Takings for non-paid under Art. 195a, para 1 fees under this present law shall be fixed with an act of determination of a public state taking by the Minister of environment and waters or by the Directors of Basin Directorates, issued according to the procedure set in Art. 166 of the Tax-insurance procedural code.

(2) The act under para 1 shall be executed on the grounds of written evidences, including:

1. statements of accounts, to which fees are being transferred;

2. payment and other accounting documents, issued by the persons, using waters;

3. call to the person for voluntary execution;

4. certificates of findings of the implemented control of liability fulfillment.

Art. 195c. (new - SG 65/06, in force from 11.08.2006) (1) non-deposited within the set terms fees under the law shall be collected compulsorily along with the interest and the expenses by the State Receivables Agency pursuant to the Tax insurance procedural code.

(2) The collected amounts by the State Receivables Agency shall be deposited to the account, indicated in the forwarded call for their collecting.

Art. 196. (1) (amend. SG 91/02, in force from 01.01.2003, previous text of Art. 196 – SG 65/06, in force from 11.08.2006) In the Enterprise for management of the activities for preservation of environment shall be collected:

1. (amend. - SG 65/06, in force from 11.08.2006) the fees for water taking, for use of a water site and for contamination;

2. (revoked – SG 65/06, in force from 11.08.2006);

3. (revoked – SG 65/06, in force from 11.08.2006);

4. the receipts from the repayment of expenditures of art. 199;

5. (suppl. – SG 65/06, in force from 11.08.2006) the fines or proprietary sanctions, imposed for violating the provisions of the present law by the bodies of Art. 201, para 2;

6. (revoked - SG 91/02);

7. funds, provided under international agreements and programmes;

8. donations by local and foreign individuals and legal persons;

9. receipts from interest;

10. indemnifications, received by individuals and legal persons for damages caused by them under art. 202;

11. other receivables on the basis of a normative act.

(2) (new - SG 65/06, in force from 11.08.2006) Fees under para 1, item 1 and fines and proprietary sanctions under para 1, item 5 shall be received by the Enterprise for management of the activities for preservation of environment by a transfer from the budget accounts of the Basins Directorates or of the Ministry of Environment and Waters.

Art. 197. (1) (amend. SG 91/02) The funds of art. 196 shall be spent for:

1. (amend. - SG 65/06, in force from 11.08.2006) the construction of networks and the fulfilment of programs of waters monitoring under Section VII of Chapter Ten;

2. (amend. - SG 65/06, in force from 11.08.2006) the elaboration and the updating of the river basin management plans of art. 149, para 1;

3. (amend. - SG 65/06, in force from 11.08.2006) the activities for control over the waters, water sites, water economic systems and installations under section XI of Chapter ten;

4. studies and applied scientific investigations according to themes within the scope of the effect of the law;

5. direct financing or co-financing of capital costs for acquiring of material long-term assets and for non tangible long term assets and for major repair, related to activities and measures within the scope of the effect of the present law;

6. direct financing or co-financing of activities or measures within the scope of the the effect of the present law, which are not capital costs;

7. construction of installations for improving the drinking-household water supply to the population, for collection and treatment of the household waste waters;

8. payment for services of scientific and technical character, expert statements and assessments, assigned by the competent bodies of art. 52, para 1, items 2 and 3;

9. supporting of the operational costs of the Basin Directorates, as well as the costs, related to the material-technical ensuring and the current activities of the Basin Councils;

9a. (new - SG 65/06, in force from 11.08.2006) survey and management of mineral waters pursuant to Art. 14, item 2;

10. other activities, related to the achieving of the objectives of art. 2.

(2) (amend. - SG 91/02) The funds of art. 196 shall be spent in accordance with the rules for work of the Enterprise for management of the activities for preservation of environment.

Art. 198. (1) The financing of projects, sites and measures within the scope of the effect of the present law with funds from the state budget shall be done also through the granting of purposed subsidies.

(2) Projects, sites and measures with local importance shall also be financed with funds from the municipal budgets or with municipal off-budget funds.

Chapter twelve.

ADMINISTRATIVE-PUNITIVE AND CIVIL RESPONSIBILITY

Art. 199. (1) The Minister of Environment and Waters shall be able to order compulsory administrative measures, in the cases of:

1. (amend. - SG 65/06, in force from 11.08.2006) emergency or disaster situations, caused by the action or inaction of water users in the process of water taking and/or use of the water sites and the operation of the water economic systems and installations;

2. (amend. - SG 65/06, in force from 11.08.2006) arising of immediate danger from pollution, damage or destruction of the environment, of people or property of the state, the municipalities, individuals or legal persons as a result of the action or inaction of water users.

3. (new - SG 65/06, in force from 11.08.2006) water taking from mineral waters without a permit issued or a granted concession.

(2) In the order of para 1 shall be determined the argumentation and the amount of the costs of carrying out the necessary activities and measures.

(3) The costs are covered by the persons who are obliged under the force of the law or the permit to carry out the activities and the measures under para 2.

(4) (amend. - SG 91/02) The costs of this Art. shall be possible to be paid in advance using funds from the Enterprise for management of the activities for preservation of environment after the enforcement of the order of para 1, the liable person shall be obliged to repay them.

(5) If the responsible person does not do so the claim shall be subject to compulsory execution by the order of the Law for collecting of the state receivables.

(6) (amend. - SG 30/06, in force from 12.07.2006) The order of para 1 shall be possible to be appealed against by the affected persons by the Administrative procedure code.

Art. 199a. (new - SG 81/00) (1) For applying the compulsory administrative measures the Minister of Environment and Waters shall:

1. (amend. - SG 65/06, in force from 11.08.2006) terminate the water taking and/or the using of the water sites;

2. (amend. - SG 65/06, in force from 11.08.2006) stop the activities as a result of which the waters are polluted or the river courses or the river banks are destroyed;

3. stop the activities, as a result of which public interests and/or acquired rights are affected.

(2) (amend. - SG 65/06, in force from 11.08.2006) The applying of the compulsory administrative measures shall be carried out by empowered by the Minister of Environment and Waters by:

1. (amend. - SG 65/06, in force from 11.08.2006) sealing of water taking facilities;

2. sealing sites whose activity pollutes the waters;

3. (amend. - SG 65/06, in force from 11.08.2006) sealing machines and equipment which destroy the river courses and river banks.

Art. 200. (1) With a fine shall be punished, respectively proprietary sanction, if not subject to more severe fine, the individual or the legal person that:

1. (amend. - SG 65/06, in force from 11.08.2006) uses waters without the necessary justification or in detraction from the provided conditions in the permit or the contract:

a) for quantity up to 1 l/s - from 150 levs to 1000 levs;

b) for quantity from 1 l/s to 10 l/s - from 500 levs to 5,000,000 levs;

c) for quantity from 10 l/s to 100 l/s - from 1000 levs to 10 000 levs;

d) for quantity over 100 l/s or waters under Art. 14, item 2 - from 10 000 levs to 25 000 levs.

2. (amend. - SG 65/06, in force from 11.08.2006) uses water sites, water economic facilities and systems or constructs such without the necessary justification, or in violation of the provided conditions in the permit - from 2000 levs to 10 000 levs;

3. (amend. - SG 65/06, in force from 11.08.2006) contaminants the waters, destroys the water courses or the river banks in violation of the bans, contained in art. 132, 134, 143 and 144 - from 5000 levs to 15 000 levs.

4. (amend. - SG 65/06, in force from 11.08.2006) violates the rules for declaring, accounting and control during the implementation of the water taking - from 150 levs to 1000 levs;

5. breaks water economic and hydro-metric installations and devices or violates the proper operation and the regulated regimes of their operation - from 500 levs to 5000 levs.

6. (amend. - SG 65/06, in force from 11.08.2006) discharges waste waters into the water sites and the sewerage system violating the emission standards and requirements - from 1000 levs to 5000 levs.

7. uses the lands adjacent to the water sites or the lands of the flooded coastal or river bank areas not for their designation - from 2000 levs to 10 000 levs.

8. misrepresents information about emergency situations in the water sites - from 500 levs to 5000 levs.

9. misrepresents design documentation about the facilities which can affect the natural state of the waters - from 5000 levs to 10 000 levs.

10. does not provide access of the control bodies for carrying out measurements and analyses - from 150 levs to 500 levs;

11. destroys or counterfeits data and information - from 1000 levs to 10 000 levs.

12. (amend. - SG 65/06, in force from 11.08.2006) does not fulfil an obligation to inform the competent bodies about circumstances being important for the water protection and protection from their adverse effect- from 200 to 2 000 levs.

13. damages or destroys points or stations from the national monitoring networks - from 10 000 levs to 25 000 levs.

14. does not execute the obligation for announcing the restrictions and the bans of art. 42 - from 200 levs to 2 000 levs.

15. does not execute the prescriptions of art. 134, para 3 - from 500 levs to 5 000 levs.

16. for all remaining cases of violation of bans or non-execution of obligations under the present law - from 150 levs to 1 500 levs.

17 (new - SG 65/06, in force from 11.08.2006) carries out water taking for business purposes or outfall of waste waters without an installed or sealed measuring device 0 from 500 to 5000 levs;

18. (new - SG 65/06, in force from 11.08.2006) hinders control bodies from fulfillment of their obligations under this present law – from 1000 to 5000 levs;

19. (new - SG 65/06, in force from 11.08.2006) breaks the set protection regimes within the boundaries of the sanitary-protection zones – from 2000 to 10 000 levs;

20. (new - SG 65/06, in force from 11.08.2006) does not maintain protection facilities and the marking of sanitary protection zones – from 500 to 1000 levs;

21. (new - SG 65/06, in force from 11.08.2006) constructs or uses a construction site beyond the purposes of the granted right for using waters in a distance of 50 m away from the water stream – from 2000 to 10 000 levs;

22. (new - SG 65/06, in force from 11.08.2006) places floating construction works in a distance not less than 1000 m away from dam walls and related facilities – from 10 000 to 25 000 levs;

23. (new - SG 65/06, in force from 11.08.2006) extracts stream gold or inert materials in the river beds and gullies using machinery without a permit for water site usage – from 10 000 to 50 000 levs;

24. (new - SG 65/06, in force from 11.08.2006) breaches the prohibitions under Art. 118a, par, 1 and Art. 118c – from 2000 to 10 000 levs;

25. (new - SG 65/06, in force from 11.08.2006) does not fulfill measures, set out in the programs under Section V of Chapter Ten – 1000 to 5000 levs;

26. (new - SG 65/06, in force from 11.08.2006) operates water taking facilities for drinking-household water supply or for mineral waters without having established a sanitary – protection zone – from 1000 to 5000 levs;

27. (new - SG 65/06, in force from 11.08.2006) exceeds the permitted water quantities or fails to observe the specified maximum volume in the schedules under Art. 56, para 7 – from 1500 to 5000 levs;

28. (new - SG 65/06, in force from 11.08.2006) does not abandon or does not liquidate water taking facilities, which are not being used – from 300 to 1000 levs;

29. (new - SG 65/06, in force from 11.08.2006) does not carry out own monitoring of quantity and/or quality of waters – from 500 to 5000 levs;

30. (new - SG 65/06, in force from 11.08.2006) does not repair the damage of the measuring devices within the term under Art. 194a, para 3 – from 2000 to 5000 levs;

31. (new - SG 65/06, in force from 11.08.2006) does not fulfill or allows non-fulfillment of prescriptions of control bodies – from 1000 to 5000 levs;

32. (new - SG 65/06, in force from 11.08.2006) impedes exercising of rights, granted under the provisions of this present law – from 2000 to 5000 levs;

33. (new - SG 65/06, in force from 11.08.2006) fails to fulfill his/her obligations under Art. 33, para 4 and 5 0 from 300 to 500 levs;

34. (new - SG 65/06, in force from 11.08.2006) supplies water for drinking and household purposes of a quality, not conforming to the requirements of the regulation of Art. 135, item 3 – from 5000 to 15 000 levs;

35. (new - SG 65/06, in force from 11.08.2006) does not carry out own monitoring of the quality of the water for drinking and household purposes and/or does not submit data from the accomplished monitoring to the bodies under Art. 155a and 189 – from 1000 to 5000 levs;

36. (new - SG 65/06, in force from 11.08.2006) does not inform users in case of identified discrepancies in the quality of the water for drinking and household purposes, when the discrepancies can cause a health risk – from 10 000 to 25 000 levs;

37. (new - SG 65/06, in force from 11.08.2006) supplies water for drinking and household purposes in cases under Art. 48, para 3 without issued permit under Art. 155a, para 1, item 1 – from 10 000 to 25 000 levs;

38. (prev. text of Item 17, amend. - SG 65/06, in force from 11.08.2006) in any other case of breach of prohibitions or non-fulfillment of obligations under this present law – from 500 to 2000 levs.

(2) With the fine of para 1shall also be punished the individual or the representative of the legal person ordered or assigned the carrying out of activities of para 1 when the activities themselves represent an administrative violation.

(3) When the violation of para 1, items 2, 3, 7 and 13 is construction, the fine or the sanction shall be from 10 000 levs to 25 000 levs.

(4) For a second violation of para 1 and 2 the fine or the sanction shall be from 1000 to 50 000 levs.

Art. 200a. (new - SG 65/06, in force from 11.08.2006) (1) An official, allowing introduction of new users, outfalling waste waters to sewage systems of settlements and residential areas, in cases, when the sewage system cannot provide discharging and treatment of waste waters before the amendment of the issued permits or granting new permits for outfall of waste waters and before installation or extension of required waste waters treatment facilities, shall be imposed a fine from 5000 to 15 000 levs.

(2) An official, failing to fulfill his/her obligations under the law or allowing another person not to fulfill his/her obligations under the law except for the cases under para 1, shall be imposed a fine from 500 to 1000 levs.

(3) An official, breaking imperative provisions of legislative acts related to application of this law shall be imposed a fine from 500 to 1000 levs.

Art. 200b. (new - SG 65/06, in force from 11.08.2006) Penal decrees, with which a fine or proprietary sanction has been imposed, shall not be subject to appeal.

Art. 201. (1) (amend. and suppl. - SG 65/06, in force from 11.08.2006) The acts for establishing the violations of art 200, para 1 shall be compiled by officials, assigned by the Minister of Environment and Waters or by the Directors of the Basin Directorates.

(2) (amend. - SG 81/00; amend. and suppl. - SG 65/06, in force from 11.08.2006) The punitive decrees shall be issued by the Minister of Environment and Waters or officials authorised by him or by the Directors of the Basin Directorates.

(3) (amend. - SG 65/06, in force from 11.08.2006) The acts about the violations of art 200, para 1, items 2, 5 and 7 shall also be compiled by officials authorised by the bodies of art. 190, para 1 and 2.

(4) (suppl. - SG 81/00, amend. SG 108/01; amend. - SG 65/06, in force from 11.08.2006) The punitive decisions of para 3 shall be issued by the Minister of Regional Development and Public Works, the Minister of Agriculture and Forestry, the Minister of Transport and the Minister of Economy and Energy or by officials authorised by the respective Minister.

(5) (amend. - SG 65/06, in force from 11.08.2006) Acts about the breaches of art. 200, para 1, item 15 shall be also compiled by officials authorised by the body of art. 190, para 3.

(6) (amend. - SG 65/06, in force from 11.08.2006) The punitive decisions of para 5 shall be issued by the Minister of State Policy for Disasters and Accidents.

(7) (amend. - SG 65/06, in force from 11.08.2006) Acts about the breaches of art. 200, para 1, item 16 and item 33 shall also be compiled by officials determined in the Law of Health.

(8) (suppl. - SG 81/00; amend. - SG 65/06, in force from 11.08.2006) The punitive decisions of para 7 shall be issued by the Director of the Regional Inspection of Protection and Control of the Public Health.

(9) The establishing of the violations, the issuing, the appealing against and the execution of the punitive decisions shall be implemented by the order of the Law for the administrative breaches and fines.

Art. 202. (1) Everybody shall be obliged to remedy the damages, which he has guiltily incurred to other persons in violation of the existing provisions for the use and protection of the waters and of the conditions of the issued permits.

(2) (amend. - SG 65/06, in force from 11.08.2006) The responsibility for damages of para 1 shall not exempt the person from paying for the water intake, as well as from the costs for restoration of the previous status.

(3) In the cases when is damaged the vegetation and the fauna in the water sites which are public state property, the authorised body for laying the claims for remedy of the damages shall be:

1. the Minister of Environment and Waters, if the damages have occurred on the territory of more than one region.

2. the regional governor, if the damages have occurred on the territory of more than one municipality.

3. the mayor of the municipality, if the damages have occurred on the territory of one municipality.

(4) The claims of para 2 and 3 shall be also possible to be laid by non profit organisations, whose subject of activity is the environmental protection. In this case the court shall officially implement art. 31 of the Civil Procedure Code.

Art. 202a. (new - SG 65/06, in force from 11.08.2006) Fines and proprietary sanctions shall be paid to the account of the control body, indicated in the act, under which they have been imposed.

Art. 203. (new, SG 81/00; amend., SG 84/03) The consumers and the users of water and using the services of draining and purification of waste waters and other services stipulated by this law - irregular debtors, shall be responsible for their liabilities, and the due sums shall be collected by the order of art. 237, letter "j" of the Civil Procedure Code on the basis of abstracts of the accounts.

Additional provisions

§ 1. (1) Under the present law:

1. "water regime" is a complex of parameters characterising the quantitative and qualitative state of the waters in the water sites and its change in time and space;

2. (suppl. - SG 65/06, in force from 11.08.2006) "water balance" is the ratio between the precipitation, the run-off, the evaporation and the filtration, characterising the quantitative condition of the waters by the river basins and by water sites;

3. "water resources" are the surface and underground waters, contained in the water sites, which are used or can be used;

4. "water economic balance" is the correlation between the available water resources and the needs for water according to time and place, determined with objective to be identified the possibilities for meeting the water demand;

5. "water economic relations" are the relations which have arisen in the process of activities of the persons, related to the use, restoration and protection of the waters and the water sites;

6. (amend. - SG 65/06, in force from 11.08.2006) "aquifer" is one or more water saturated geological layer/bed or tectonic dislocated zone, having a common hydraulic binding, sufficient porosity and water permeability, allowing inflow and drawing of considerable quantities of underground waters;

7. (amend. - SG 65/06, in force from 11.08.2006) "water taking" includes all activities related to the abstraction of waters from the water sites;

8. "recycled water" is that part from the waters granted for use, which is returned back to the water sites;

9. "admissible abstraction" is the abstraction within the admissible decrease of the water level, the admissible temperature changes, the admissible water quality and the admissible impact on the environment;

10. "operational resources of the underground waters" is the admissible and technically possible average annual abstraction of underground waters;

11. (amend. - SG 65/06, in force from 11.08.2006) "individual emission restriction" are the values of the mass, expressed by some specific parameters, concentration and/or emission level, set out in the permits for outfall of waste waters with application of combined approach, which should not be exceeded during certain period of time;

12. (amend. - SG 65/06, in force from 11.08.2006) "pollution" is any direct or indirect introduction into air, waters or soil as a result of the human activities, of substances or heat, which can :

a) be harmful for the human health or for the quality of water environmental systems, or of the directly dependant on them terrestrial environmental systems;

b) cause material damages;

c) impair or hinder established by the laws use of environment;

13. "earth bowels" is that part of the Earth crust, accessible for the human activities;

14. "springs" are the natural, ascending or descending, under pressure or non-pressure flow of underground waters at the earth surface;

15. (revoked - SG 65/06, in force from 11.08.2006);

16. (amend. - SG 65/06, in force from 11.08.2006) "river bank flooded strips" are the lands which are flooded:

a) within the boundaries of the corrections of the rivers in the settlements and between the river and the dikes, if there are dikes;

b) at flowing of water quantities with security of 20 per cent or once in 5 years – for the river sections without constructed corrections or protective structures;

17. (amend. - SG 65/06, in force from 11.08.2006) "mineral waters" are the underground waters from the deposits pointed out in appendix No 2 to the present law and in the other cases - for which has been issued a certificate and/or complex balneological assessment by the Ministry of Health and/or the Ministry of Environment and Waters;

18. (amend. - SG 65/06, in force from 11.08.2006) "monitoring of waters" are measurements, observations and assessments for determining the condition of the waters;

19. "solid waste deposits" are the piled up technological wastes from the investigation, extraction and/or the preliminary processing of mineral resources, with the exception of tailings ponds and slag ponds;

20. (amend. - SG 65/06, in force from 11.08.2006) "non-foreseeable or extraordinary" are exceptional circumstances, caused by natural calamities of accidental situations, the occurrence of which cannot be predicted and the consequences of which cannot be prevented

21. (amend. - SG 65/06, in force from 11.08.2006) "level of average waters" is the level of the water surface, corresponding to the average over-year water quantities, flowing through the river course;

22. "second" is the violation which was done within one year term after the punitive decision with which the offender has been punished for a violation of the same kind;

23. (amend. - SG 65/06, in force from 11.08.2006) "surface waters" are overland waters, except for underground waters, as well as transitional waters and in-shore sea waters apart from the chemical condition, whereas in this case inland sea waters and territorial sea waters are included;

24. (amend. - SG 65/06, in force from 11.08.2006) "underground waters" are all waters, located under the surface of the earth within the water saturated zone, in direct contact with earth layers;

25. "use" of the water site is any activity, which while not connected with abstraction of its waters, has the potential to influence the regime of waters;

26. "adjacent lands of reservoirs" are the lands which are flooded at maximum filling up of the reservoir;

27. (amend. - SG 65/06, in force from 11.08.2006) "adjacent lands to rivers" are the lands from the river courses which are flooded during the level of average waters;

28. (amend. - SG 65/06, in force from 11.08.2006) "river basin" is the territory of the ground surface, from which through a series of streams, rivers and lakes the whole surface outflow flows into the sea, into a single river mouth, estuary or delta;

29. (amend. - SG 65/06, in force from 11.08.2006) "trans-border waters" are surface or underground waters, which cross the state border between the Republic of Bulgaria and one or more neighbouring countries;

30. "water management" includes the activities for use, protection and restoration of the waters, as well as the activities for prevention of their harmful impact;

31. (amend. - SG 65/06, in force from 11.08.2006) "river mouth" is any place, where a water flow outfalls into another water flow, lake or sea;

32. (new – SG 42/03) "water supply system" is a combination of bringing and distribution water supply pipes and facilities, through which is implemented obtaining of natural waters, treatment and/or disinfecting to the necessary qualities and supply to the users.

33. (new – SG 42/03) "sewerage system" is a combination of sewerage conduits, collectors and facilities, through which is implemented bringing out of the waste waters, their treatment to he necessary qualities and discharge in the respective water site.

34. (new - SG 65/06, in force from 11.08.2006) "water site" is permanent or temporary concentration of waters with respective boundaries, volume and water regime in the earth interior and in natural or artificially created land forms along with the adjacent lands;

35. (new - SG 65/06, in force from 11.08.2006) "land waters" are all dead or running waters on the land surface and all underground waters from the shore front side from the reference lines, from which the width of the territorial sea is measured;

36. (new - SG 65/06, in force from 11.08.2006) "water for drinking and household purposes" is a surface or underground water in its natural condition or after treatment, designated for drinking, preparation of food or other household needs, supplied through water supply system or from a cistern, in bottles, cans or in another packing, as well as waters, used for production of food, medicinal or cosmetic products or substances, intended for human consumption, provided that the quality of water can affect the quality of the final products;

37. (new - SG 65/06, in force from 11.08.2006) "water body" is an independent and significant part of surface or underground waters;

38. (new - SG 65/06, in force from 11.08.2006) "good environmental condition" is the condition of the surface water body, in which values of biological components related to quality or of hydro-chemical and hydro-morphological components as a result of human activity show slight deviation from the values, typical for undisturbed natural conditions for the respective type of a water body;

39. (new - SG 65/06, in force from 11.08.2006) "good quantitative condition of underground waters" is the condition, under which the water level in the underground water body is such, that the available resources of underground waters are not affected by the long-term annual rate of water taking, i.e. water taking does not exceed useful underground waters resources in the water body;

40. (new - SG 65/06, in force from 11.08.2006) "good condition of surface waters" is the condition, achieved for a surface water body, in which both the environmental and the chemical condition of the water body are at least "good";

41. (new - SG 65/06, in force from 11.08.2006) "good condition of undeground waters" is the condition, achieved for an underground water body, in which both the quantitative and the chemical condition of the water body are at least "good";

42. (new - SG 65/06, in force from 11.08.2006) "good chemical condition of surface waters" is the chemical condition of a surface water body, in which contaminants concentrations do not exceed the applicable standards for environmental quality;

43. (new - SG 65/06, in force from 11.08.2006) "good chemical condition of underground waters" is the chemical condition of an underground water body, in which contaminants concentrations do not exceed the applicable standards for environmental quality;

44. (new - SG 65/06, in force from 11.08.2006) "good environmental potential" is the condition of highly modified or artificial water body, which can be achieved with acceptable environmental changes with economically reasonable measures;

45. (new - SG 65/06, in force from 11.08.2006) "lake" is a natural water body with dead surface waters, formed in a concave land form;

46. (new - SG 65/06, in force from 11.08.2006) "environmental quality standard" is the concentration of specific contaminants or of a group of contaminants in the water, sediments or the live part of the environmental system, which shall not be exceeded in view of human health and environmental protection;

47. (new - SG 65/06, in force from 11.08.2006) "ecological condition of surface waters" is the condition of a surface water body, assessed in consideration of the values of quality biological components and of hydro-chemical and hydro-morphological components;

48. (new - SG 65/06, in force from 11.08.2006) "emission rate" are mass values, expressed through set specific parameters, concentration and/or emission level, which should not be exceeded over one or several periods of time;

49. (new - SG 65/06, in force from 11.08.2006) "emission control" is specific limitation of emissions through setting out emission rates or through setting out limitations or conditions for the effects, their nature or any other characteristics of the emissions or operation conditions, affecting the emissions;

50. (new - SG 65/06, in force from 11.08.2006) "contaminant" is any substance, which when exceeding a specified concentration can have an adverse effect on the natural chemical condition of waters;

51. (new - SG 65/06, in force from 11.08.2006) "artificial water body" is a water body, produced as a result of human activity;

52. (new - SG 65/06, in force from 11.08.2006) "quantitative condition of underground waters" is an indicator of the degree, to which water taking or natural drainage from underground waters affects the underground water body;

53. (new - SG 65/06, in force from 11.08.2006) "integrated approach" is control of outfall of waste waters into surface water bodies through simultaneous application of the best available techniques and/or emission rates at the waste waters source on the one hand, and the requirements for achievement of the objectives for water quality in the surface water body – receiver of waste waters, on the other hand; in case of diffusion contamination sources control shall also include if required best environmental practices;

54. (new - SG 65/06, in force from 11.08.2006) "coastal sea waters" are surface waters, bounded by the coastal line, each point of which is in a distance of one sea mile to the sea from the nearest point of the reference lines, from which the width of the territorial sea is measured;

55. (new - SG 65/06, in force from 11.08.2006) "available resources of underground waters" are the natural resources of underground waters, reduced by the long-term average annual water quantities, required for achievement of the objectives for protection of environment of the related to them surface water bodies, for avoiding considerable deterioration of their environmental condition and damaging of land environmental systems, related to these bodies;

56. (new - SG 65/06, in force from 11.08.2006) "natural resources of underground waters" are the general average annual aquifer recharge;

57. (new - SG 65/06, in force from 11.08.2006) "indirect discharge of contaminants in underground waters" is the discharge in underground water bodies of contaminants by soil filtration or through the aeration zone;

58. (new - SG 65/06, in force from 11.08.2006) "dangerous substances" are the substances or groups of substances, classified as toxic, resistant and able to be accumulated biologically, as well as other substances or groups of substances, causing the same level of concern;

59. (new - SG 65/06, in force from 11.08.2006) "surface water body" is an independent and significant component of surface waters such as a lake, river, stream, pond, channel of parts thereof, as well as transitional and coastal waters;

60. (new - SG 65/06, in force from 11.08.2006) "sub-basin" is a territory of the land surface, from which through a series of streams, rivers or lakes the entire surface run-off flows in an individual point of a specific water flow;

61. (new - SG 65/06, in force from 11.08.2006) "underground water body" is a separate volume of underground waters within one or several groundwater reservoirs, having specific condition of underground waters

62. (new - SG 65/06, in force from 11.08.2006) "underground waters contamination threshold" is the concentration of a contaminant, of a group of contaminants or a contamination index, with sustainable exceeding of which a risk of non-achievement of a good chemical condition of underground waters is being created; contamination threshold shall be maximum 50 per cent of the respective value according to the underground waters quality standard;

63. (new - SG 65/06, in force from 11.08.2006) "fresh waters" are the waters, which in their natural condition have low alkali content and which can be used for drinking and household water supply;

64. (new - SG 65/06, in force from 11.08.2006) "transitional waters" are surface water bodies close to river mouths, which are semi-salty as a result of their proximity to sea waters, but which are considerably influenced by the inflow of fresh waters;

65. (new - SG 65/06, in force from 11.08.2006) "direct discharge of contaminants in underground waters" is the discharge into underground water bodies by pouring or injection of contaminants without filtration through the soil or through the aeration zone;

66. (new - SG 65/06, in force from 11.08.2006) "region of basin management" is an area of the territory of the land surface or the sea, comprising one or more bordering river basins along with the adjacent underground and sea waters;

67. (new - SG 65/06, in force from 11.08.2006) "river" is water on the land, which in its majority runs on the land surface, whereas part of its course can pass under the ground;

68. (new - SG 65/06, in force from 11.08.2006) "priority substances" are the substances, representing significant risk for the water environment or through it they are toxic for people and environmentally toxic for water environmental systems and related to them land environmental systems and which are determined according to Art. 16 and Attachment No. 10 to the Directive 2000/60/EC of the European Parliament and the Council;

69. (new - SG 65/06, in force from 11.08.2006) "independent drinking and household water supply" is the water supply of individual public and economic units, in which people reside or work permanently or temporarily and/or food, medicinal or cosmetic products are produced using individual own water taking facilities out of water supply systems of settlements and residential areas;

70. (new - SG 65/06, in force from 11.08.2006) "highly modified water body" is a surface water body, the properties of which are considerably altered as a result of physical changes as a result of human activity;

71. (new - SG 65/06, in force from 11.08.2006) "individuals’ own needs" are needs of water for household purposes, as well as for stock watering and for watering of the land within the limits of own property, except for needs of water for carrying out business activity and exercising a profession or occupation;

72. (new - SG 65/06, in force from 11.08.2006) "condition of surface waters" is a general expression for the condition of a surface water body, defined by its environmental or chemical condition, whichever is worse;

73. (new - SG 65/06, in force from 11.08.2006) "condition of underground waters" is a general expression for the condition of an underground water body, defined by its quantitative or chemical condition, whichever is worse;

74. (new - SG 65/06, in force from 11.08.2006) "water services" are all services related to supply of water to households, public institutions and for business activity through water taking, accumulation, collecting in reservoirs, treatment and supply of surface and underground waters, as well as collecting, discharge and treatment in treatment facilities of waste waters, which are subsequently subject to outfall into surface water bodies;

75. (new - SG 65/06, in force from 11.08.2006) "significant quantities of underground waters" are water quantities, for which it is technically possible to be exhausted from the groundwater reservoir and which are of interest for practical use;

76. (new - SG 65/06, in force from 11.08.2006) "underground waters quality standard" is environmental quality standard, expressed as a concentration of a specific contaminant, of a group of contaminants or underground waters contamination index, which should not be exceeded in view of human health and environmental protection;

77. (new - SG 65/06, in force from 11.08.2006) "significant and sustainable tendency of underground waters contamination" is every statistically significant increase of the concentration of a contaminant, of a group of contaminants of contamination index, representing environmental risk;

78. (new - SG 65/06, in force from 11.08.2006) "conserved water taking facility for underground waters" is a facility, from which drawing is temporarily suspended, it is not equipped for operation, but the option of its future operation is kept;

79. (new - SG 65/06, in force from 11.08.2006) "liquidated water taking facility for underground waters" is a facility, for which the option of natural or forced water flow is definitely ceased.

80. (new - SG 65/06, in force from 11.08.2006) "water taking" are water services along with any other human activity, influencing considerably the condition of waters;

81. (new - SG 65/06, in force from 11.08.2006) "river bed" is a feature, on which a surface water flow is formed temporarily or permanently and shall include the river runway and the washland.

(2) (suppl. - SG 65/06, in force from 11.08.2006) The definitions of the terms "internal sea waters", "territorial sea" and "continental shelf" in the present law are in the sense of the Law for the Sea Waters, the Internal Water Ways and the Ports of the Republic of Bulgaria.

§ 2. In the cases when the present law requires informing or announcement and when explicit rules or the implementation of an explicitly determined procedure are not provided for that, the informing, respectively the announcement shall be done by the order provided in the Civil Procedures Code.

§ 2ΰ. (new - SG 65/06, in force from 11.08.2006) Water protection zones shall be guarded in conformity with the standards and objectives, set out with the act of establishment of the respective zone.

§ 2b. (new - SG 65/06, in force from 11.08.2006) (1) Minister of Environment and Waters shall send to the European Commission and to all interested member states:

1. copies of the management plans under Art. 157 and subsequent updates with regard to:

a) river basins, located entirely on the territory of the Republic of Bulgaria;

b) part of the international region of basin management, located on the territory of the Republic of Bulgaria;

2. brief review, drafted during the development of the initial river basins management plans, of:

a) the analyses and inspection of the impact under Art. 156h;

b) monitoring programs under Art. 169, para 2;

3. Provisional review of accomplishment of scheduled programs of measures.

(2) The plans under para 1, item 1 shall be sent within three months after their promulgation.

(3) The review under para 1, item 2 shall be sent within three months after its drafting.

(4) The information under para 1, item 3 shall be sent within three years following promulgation of the plans under para 1.

Transitional and concluding provisions

§ 3. The protection of the coastal waters, the internal sea waters and the territorial sea from pollution from other sources, besides these located on the coast, shall be regulated by the Law for the sea areas of the Republic of Bulgaria.

§ 4. (1) The Ministers and the heads of the state institutions, which exercise the right of ownership in the sole owned commercial companies with state property or in shares and stocks of commercial companies, in which the state is a partner or stockholder, shall undertake the necessary activities for decreasing the capital of the companies with the revalued value of the facilities of art. 13, para 1 of the present law.

(2) Within 6 months term after the law enters into force the facilities of art. 13, para 1 shall be conceded for use sole owned commercial companies with state assets and the state enterprises in the sense of art. 62, para 3 of the Commercial law whose capital has been reduced under para 1. The right of use shall be terminated at the transferring of shares by the companies under the present paragraph.

(3) The commercial companies, with the exception of these of para 2 for which has been applied the provision of para 1 shall acquire concession for the facilities of art. 13, para 1 in compliance with the provisions of this law and by the order provided in the Law for the concessions, without a tender or a competition.

(4) (amend., SG 81/00; amend. – SG 105/06, in force from 01.01.2007) For the long-term assets of the facilities of para 3 and for the other water economy systems and installations for which a concession has been constituted shall be calculated depreciation deductions by the order of art. 15 of the Law for accounting.

(5) Until the implementation of the provisions of para 2 and 3, the facilities shall be managed by the companies of para 1 whose capital was decreased.

(6) In the cases when the facilities of art. 13, item3 of the present law are not granted under concession, their maintenance shall be implemented with budget funds by the departments pointed out in para 1.

(7) (amend. - SG 65/06, in force from 11.08.2006) At privatisation of commercial companies, in whose capital are included dams and small dams, except these of art. 13, item1 and art. 19, item 4, item c), the Minister of Agriculture and Forestry shall undertake the necessary activities for decreasing of the capital of the companies with their revalued value.

(8) Within two years term after the law enters into force the owners of art. 16 which have not been indemnified for the land and the forests on which have been constructed water economic facilities, shall be indemnified by the order of the Law for the ownership and use of farm land and the Law for restoration the ownership in forests and the forest land entirety.

§ 5. (1) The mineral water from the water sources of item 74 and 83 of appendix No 2 of art. 14, item 2 shall be gratuitously granted for use to the Capital municipality for a term of 15 years.

(2) At the use of the mineral water from the pointed out water sources the Capital municipality shall be obliged:

1. to manage and maintain fit the facilities, to ensure the use of the mineral water without breaching the public interests and in the interest of the population;

2. to implement activities for prevention f the harmful impact of the mineral water over the underground infrastructure and the surrounding buildings;

3. to conduct the necessary control over the quantity of the mineral water designated for common use and pouring by the population conceding annually information to the Ministry of Environment and Waters.

§ 6. (1) Within 3 months from the enforcement of the present law, the facilities of art. 13, items 2 and 4 shall be registered by the order of the Law for the state ownership.

(2) The Council of Ministers shall grants the facilities pointed out in para 1 to the Ministry of Environment and Waters for execution of its functions by the order of art. 13, para 3 of the Law for the state ownership.

§ 7. (1) In the cases when a public municipal property under this law is already granted as concession or the right over it are transferred to third persons, or contracts are concluded for the use of these facilities, the rights shall be brought in conformity adhering to the procedure, provided in art. 20 of the present law.

(2) When the rights over the public municipal property of para 1 include also a right to use waters which are public state property, the interested persons have to require the issuing of a permit for water use by the order of this law within 6 months after the law has entered into force.

§ 8. (1) In the cases when rights for use of mineral waters which are exclusive state property are granted, the already existing permits shall be brought in conformity with the present law and with the Law for the concessions, when the conditions of art. 47, para 1 from the present law are present, and in the other cases at request by the competent body of art. 52, para 1, item 2 of the present law or by any interested person, shall be started a procedure for issuing a new permit.

(2) The concession contracts for conceded special right to use mineral waters - exclusive state ownership, shall be reshaped in compliance with the provisions of this law within one year after the law enters into force.

(3) (new, SG 81/00) For using mineral waters in the active facilities found by this law, meeting the normative requirements, for which application has been filed for opening a procedure for granting concession, a temporary permit shall be issued for using mineral water for a period no longer than 1 year.

(4) (new, SG 81/00) The titularies of the permits under para 3 shall pay a fee for the permitted water quantity amounting to 5 levs/cubic m for bottling mineral water and 2 levs/cubic m for obtaining hydrothermal energy.

(5) (new, SG 81/00) The permit under para 3 shall not be considered an advantage in carrying out the competition for determining a concessionaire.

§ 9. When the use of the waters is realised on the basis of issued permits or without any grounds, the person who uses the waters shall be obliged to pay the fees, provided for in the present law, starting from the enforcement of the tariffs, provided for by the present law, notwithstanding of the stage, at which is the procedure for issuing or reformatting of his permit.

§ 10. (1) The already existing permits shall be brought in conformity with the requirements of the law:

1. (amend. - SG 65/06, in force from 11.08.2006) For water taking:

a) over 1 m3/s for surface waters;

b) over 30 l/s for the underground waters - within 1 year from the enforcement of the present law, and for all other cases - within 3 years;

2. For discharging of waste waters over 5,000 m3 per 24 h - within 1 year from the enforcement of the present law, and for all other cases - within 2 years.

(2) The register of the issued permits shall be prepared within 1 year from the promulgation of the law;

(3) (new – SG 94/05; amend. - SG 65/06, in force from 11.08.2006) The found rights and permits for water taking and use of water site for production of aquacultures shall be brought officially in compliance with the requirements of the law, at equal or more favorable conditions from the ones acquired with the act of their establishing.

§ 11. (amend. - SG 65/06, in force from 11.08.2006) Unfinished production activities related to water taking or use of water sites, water supply systems and installations, shall be finished under the present law.

§ 12. (1) For the preparation of the water economic cadastre in the Ministry of Environment and Waters shall be presented information by:

1. (amend. - SG 65/06, in force from 11.08.2006) The Ministry of Agriculture and Forestry - for the hydro-melioration systems and installations, the dams for irrigation, including these which are former property of the Labour Collective Agricultural Farms and Agricultural Industrial Complexes, the fish farms for artificial breeding of fish;

2. The Ministry of Regional Development and Public Works - for the water supply systems, the drinking water sources, the sewerage collectors and the drinking and waste water treatment plants;

3. (amend. - SG 108/01) The Ministry of Power Engineering and Energy resources - for all hydro-energy facilities;

4. The municipalities:

a) for all sites, registered as municipal property, according to the Law for the municipal property;

b) for the hydro-melioration systems and installations, the dams for irrigation, including the ones which were formerly owned by the Labour Collective Agricultural Farms and Agricultural Industrial Complexes, the fish farms for artificial breeding of fish;

c) for the water taking systems and installations for underground waters, the systems and installations for drainage or drying, the systems and installations for artificial feeding of the underground waters and the systems and installation for discharge into the earth bowels the waste waters, containing hazardous substances, constructed on their territory until the enforcement of the present law, regardless of their ownership, their functional condition and their use.

(2) The information of para 1 shall be presented within 1 year after the law enters into force.

§ 13. (1) The Basin Directorates shall be established within 2 years after the law enters into force.

(2) Until the establishment of the Basin Directorates, their functions, with the exception of these of art. 155, item 3 shall be executed by one of the Regional Inspectorates for Environment and Waters within the respective basin, determined by an order of the Minister of Environment and Waters.

(3) (amend. - SG 65/06, in force from 11.08.2006) Until the establishment of the Basin Directorates, the permits for water taking and/or use under the present law shall be issued by the Minister of Environment and Waters.

(4) The Basin Councils are established within 6 months from the establishment of the respective Basin Directorate.

§ 14. (1) The river basin management plans shall be compiled within 5 years after the law enters into force.

(2) (amend. - SG 65/06, in force from 11.08.2006) Until the preparation of the plans of para 1 shall be worked out general schemes for use of the waters, on the basis of which permits for water taking shall be issued.

(3) The schemes of 2 shall be elaborated within 1 year from the promulgation of the law.

§ 15. (1) The owners of lands on which there are abandoned wells shall be obliged within 1 year from the enforcement of the present law to clean them and bring them in condition, suitable for use or to liquidate them.

(2) The rights of art. 112 for construction of water conveyance shall be arranged in two years term after the law enters into force.

§ 16. (1) Within 3 months from the enforcement of the present law, the mineral waters according to appendix No 2 to art. 14, item 2, registered as municipal property until the enforcement of the present law, shall be excluded from the register according to the Law for the municipal property.

(2) Within 3 months from the enforcement of the present law, the municipal administrations shall be obliged to prepare a form for registration of the wells on the territory of the municipality, which should contain data about the property, where is located the well, the names of the owner of the estate, the year of construction of the well declared by the owner, the purposes for which the water is used and the method for extraction of the water.

(3) Within 6 months from the enforcement of the present law, the owners or the users of estates, where there are constructed wells, shall be obliged to register them declaring data about the estate where is located the well, the names of the owner of the estate, the year of construction of the well, the purposes for which the water is used and the method for extraction of the water. The municipalities shall send every year a copy of the prepared register to the Ministry of Environment and Waters.

§ 17. Until the approval of the National Water Economic Plan the Minister of Environment and Waters shall develop and submit for approval to the Council of Ministers national programmes for construction, expansion, reconstruction and modernisation of facilities and/or systems for use and preservation of the waters.

§ 18. (amend. - SG 65/06, in force from 11.08.2006) Until the passing of a law for regulation of the activities of the Ministry of State Policy for Disasters and Accidents for the protection of the waters in emergency cases and for protection from their harmful impact:

1. The Minister of Defence shall determine the contents of the emergency plans of art. 131, para 1 and art. 138, para 3;

2. The owners or the users of water sites shall be obliged to provide forces and resources for the implementation of the emergency plans, to maintain in proper condition the roads and the communication links to the water sites, the dikes and the water economic systems;

3. The regional managers shall appoint committees for annual review of the technical and operational condition of the potentially dangers water bodies.

§ 19. (Amend., SG 74/02, amend. SG 69/03) The provision of art. 193, para 3 shall enter into force five years after the promulgation of this law.

§ 20. The by-law normative acts provided in this law shall be issued within one year term after the promulgation of the law.

§ 21. In art. 58, para 1 of the Law for the sea areas of the Republic of Bulgaria (prom. SG 55/87; amend, SG 11, 26/98 and SG 23/99), the words "and from coastal sources" shall be deleted.

§ 22. In the Law for protection of the waters and soils from pollution (prom. SG 84/63, amend. and suppl. SG 26/68, SG 29/69, SG 95/75, SG 3/77, SG 1/78, SG 26/88, SG 86/91, SG 100/92, SG 45/96, SG 85/97, SG 11/98) the following amendments shall be made:

1. In the title of the law the words "waters and" shall be deleted;

2. In art. 1 the words "waters and" shall be deleted;

3. Art.s 2 and 3 are changed as follows:

"2. "Pollution of soils" means such deterioration of their composition, qualities and properties which renders them unsuitable or harmful for the people, animals and plants.

3. The Ministries, the departments and the municipalities shall undertake measures for protection of the soils from pollution.

The Minister of Environment and Waters shall exert control for protection of the soils from pollution.

The Minister of Health shall exert sanitary control over the condition of the soils. He shall issue, in coordination with the Minister of Environment and Waters, sanitary standards and rules which are obligatory for all departments, organisations and persons.

At the carrying out of the control of para q, 2 and 3 the Ministry of Environment and Waters and the Ministry of Health shall assign technically competent bodies and persons from other departments.

The Minister of Agriculture, Forests and Agrarian reform with the help of the Agriculture Academy shall issue standards and rules obligatory for all departments, organisations and persons in connection with the protection of the animals and the agricultural crops and shall also carry out supervision over their implementation."

4. Art. 4 shall be repealed;

5. Art.s 8 - 13 shall be repealed;

6. In art. 15 the words "the people's councils" shall be substituted by "the municipalities".

7. Art. 17 shall be repealed;

8. In art. 20, item a) shall be repealed;

9. In art. 20a shall be made the following amendments:

a) in para 1 the words "the Ministry of Agriculture and Forests or of the municipal people's councils and when the breach is in connection with pollution of the sea waters, by the bodies of the Ministry of Environment and Waters or of the Ministry of Transport" shall be substituted by "the Ministry of Agriculture, Forests and Agrarian Reform or of the municipalities";

b) Para 2 shall be changed as follows:

"The punitive decisions shall be issued by the Minister of Environment and Waters."

10. In Art. 21 the words "the Minister of Public Health and Social Care" shall be substituted by "the Minister of Health" and the words "the waters or" shall be deleted;

11. In art. 23 shall be made the following changes:

a) para 1 shall be changed as follows:

"For all already existing industrial plants, cattle-breeding farms and others of the kind, as well as for separate sites, polluting the soils with solid and liquid pollutants, shall obligatory be constructed treatment facilities with funds, provided for in the state and the municipal budgets, as well as in the perspective and annual plans of the enterprises and the other organisations.";

b) in para 2 the words "the Ministry of Economy and Planning" shall be deleted and the words "the Ministry of Environment and Waters and the Ministry of the Public Health and Social Cares" shall be substituted by "the Minister of Environment and Waters and the Minister of Health".

12. Everywhere in the law the words "the Ministry of the Public Health and Social Cares" and "the Minister of the Public Health and Social Cares" shall be substituted respectively by "the Ministry of Health" and "the Minister of Health", and the words "the Ministry of Agriculture and Forests" and "the Minister of Agriculture and Forests" shall be substituted respectively by "the Ministry of Agriculture, Forests and Agrarian Reform" and "the Minister of Agriculture, Forests and Agrarian Reform".

§ 23. In the Law for the municipal property (prom. SG 4/96; amend. SG 104/96, SG 55/97, SG 22, 93/98, SG 23, 56/99) shall be made the folowing changes and supplements:

1. In art. 2, para 1:

a) item 2 shall be changed to:

"2. the waters, water sites, water economic facilities and installations, determined by a law;"

b) in item 3 the words "the water reservoirs, the beaches adjacent to them and" shall be deleted.

2. In art. 57:

a) in item 4 the words "the territory of the water reservoir" shall be substituted by "the water sites - municipal ownership";

b) item 5 shall be created:

"5. the mineral waters - public municipal properties."

§ 24. In the Law for the concessions (prom. SG 92/95; SG 16/96 - Decision No 2 of the Constitutional Court of 1996; amend. SG 44/96, SG 61, 123/97, SG 93/98, SG 23, 56/99) in art. 4, para 1, item 7 shall be changed to:

§ 25. In the Law for public health (prom. SG /73, corr. SG 92/73; amend. and suppl. SG 63/76, SG 28/83, SG 66/85, SG 27/86, SG 89/88, SG 87, 99/89, SG 15/91; corr. SG 24/91; amend. SG 64/93, SG 31/94, SG 36/95, SG 12, 87, 124/97, SG 21, 70, 71, 93/98, SG 30, 62/99) the following amendments and supplements shall be made:

1. In art. 46:

a) in para 1 after the words "The mineral waters" shall be added "in the resorts announced under this law";

b) para 2 shall be repealed.

2. In art. 47, para 1 and 2 the words "the mineral waters and" shall be repealed.

3. In art. 48, para 1 the words "mineral waters" shall be repealed.

4. In the Additional Provisions §3 and 4 shall be repealed.

§ 26. In the Law for the state property (prom. SG 44/96; amend. SG 104/96, SG 55, 61, 117/97, SG 93, 124/98) in art. 68, para 7 the words "the mineral springs" shall be substituted by "the mineral waters - exclusive state property".

§ 27. In the Law for protection of environment (prom. SG 86/91; corr. SG 90/91; amend. SG 100/91, SG 31, 63/95, SG 13, 85, 86/97, SG 62/98, SG 12/99) art. 4a with the following content shall be created:

"Art. 4a. (1) The Council of Ministers shall approve Ordinance for the conditions and the order for implementation of the Protocol for protection of the environment of the Agreement for the Antarctic (SG 69/98).

(2) The implementing of activity in the Antarctic in breach of the provisions of the ordinance of para 1 shall constitute breach under art. 32, and for the administrative punitive procedure art. 35 shall be applied."

§ 28. The Law for the waters (prom. SG 29/69; amend. SG3/77, SG 36/79, SG 44/84, SG 36/86, SG 24/87, SG 85/97, corr. SG 87/97).

§ 29. Until the issuing of the by-law normative acts provided in this law the by-law normative acts issued for implementation of the Law for the waters shall temporarily remain in force.

§ 30. The present law shall enter into force 6 months after its promulgation in State Gazette.

-------------------------

The law was passed by the 38Th National Assembly on July 13, 1999 and is affixed with the official seal of the National Assembly.

Transitional and concluding provisions

TO THE ADMINISTRATIVE PROCEDURE CODE

(PROM. – SG. 30/06, IN FORCE FROM 12.07.2006)

 

§ 31. In the Law for the waters (prom. SG – 67/99; amend. – SG 81/00, 34, 41 and 108/01, 47, 74, 91/02, 42, 69, 84 and 107/03, 6 and 70/04, 18, 77 and 94/05) the words "Law of the administrative procedure" shall be replaced by "Administrative procedure code".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 142. The code shall enter into force three months after its promulgation in State Gazette, with the exception of:

1. division three, § 2, item 1 and § 2, item 2 – with regards to the repeal of chapter third, section II "Appeal by court order", § 9, item 1 and 2, § 15 and § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, items 1 – 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, items 1 - 4§ 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, § 125, § 128, items 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, items 2 and 4, § 97, item 2 and § 125, item 1 – with regard to the replacement of the word "the regional" with the "administrative" and the replacement of the word "the Sofia City Court" with "the Administrative court - Sofia", which shall enter into force from the 1st of May 2007;

2. paragraph 120, which shall enter into force from the 1st of January 2007;

3. paragraph 3, which shall enter into force from the day of the promulgation of the code in State Gazette.

Transitional and concluding provisions

TO THE LAW FOR THE CONCESSIONS

(PROM. – SG 36/06, in force from 01.07.2006)

 

§ 23. The law shall enter into force from 1 July 2006 except Art. 42, para 3 and Art. 58, para 4 which shall enter into force from the date of accession of the Republic of Bulgaria to the European Union.

Transitional and concluding provisions

TO THE LAW ON AMENDMENT AND SUPPLEMENTATION OF THE LAW FOR THE WATERS

(PROM. – SG 65/06, IN FORCE FROM 11.08.2006, CORR. – SG 66/06)

 

§ 120. Everywhere in this present law:

1. The words "water use", "the water use" and "water uses" shall be replaced respectively with "water taking", "the water taking" and "water takings".

2. The words "the Minister of Industry", and "the Ministry of Industry" shall be replaced respectively with "the Minister of Economy and Energy" and "the Ministry of Economy and Energy", words "Minister of Agriculture, Forests and Agrarian Reform", "the Minister of Agriculture, Forests and Agrarian Reform" and "the Ministry of Agriculture, Forests and Agrarian Reform" shall be replaced respectively with "Minister of Agriculture and Forestry", "the Minister of Agriculture and Forestry" and "the Ministry of Agriculture and Forestry", and the words "Civil defense" shall be replaced with "the Ministry of State Policy for Disasters and Accidents"

3. The words "bed" and "beds" are replaced respectively with "course" and "courses".

4. The word "qualities" is replaced with "the quality".

§ 121. The procedures for granting permits opened prior to entering into force of this law shall be accomplished under the existing procedure.

§ 122. (1) Owners of water taking facilities for underground waters, to which no water usage rights have been granted, within three months after entering of this present law into force, shall submit to the respective Basin Directorate an application for entering of the facilities into the register under Art. 118d.

(2) To the application under para 1 shall be attached:

a) a document of ownership for the property, on which the water taking facility is located;

b) facility coordinates;

c) information about the facility depth and structure;

d) information about facility equipment for operation;

e) statement about the year of its construction;

f) information about the purpose of use of the drawn water;

g) document of a paid fine or proprietary sanction under Art. 200, para 1, item 2.

(3) In cases when the facility is not equipped for operation, to the application under para 1 a statement about owner’s intentions concerning facility abandoning or liquidation shall be attached;

(4) Within one month after submission of the application the Basin Directorate shall study the documents under para 2 and 3 and shall carry out:

1. inspection of constructed facilities and their equipment;

2. assessment of the necessity of facility abandoning or liquidation.

(5) Within 7 days after the inspection under para 4 the facility shall be subject to entering into register.

§ 123. (1) Owners of properties, which prior to entering of this present law into force have started the construction or have already constructed wells under Art. 44, para 4 and 5, which are not registered, within 6 months shall submit an application for registration with the respective Basin Directorate.

(2) Municipal mayors within three months after entering of this present law into force shall submit with the respective Basin Directorate the developed register under the revoked Art. 25 of the wells under Art. 44, para 4.

§ 124. (1) Until entering into force of the regulation of §48 in its part related to Art. 118a, para 1, item 1 direct discharge of hazardous substances shall be prohibited and direct discharge of harmful substances into underground waters under the conditions and according to the procedure, set out in the Ordinance under Art. 135, item 2 shall be restricted.

(2) The list of hazardous and harmful substances under para 1 for underground waters shall be set in the Ordinance under Art. 135, item 2.

§ 125. Until issuing the methodology under Art. 135, item 1, the minimum allowable run-off in the rivers shall be set to 10 per cent of the average annual water quantity, but not less than the minimum average monthly water quantity with security of 95 per cent at the point of each facility for run-off control or for water taking.

...................................................................

§ 136. Programs of water monitoring under Section VIII of Chapter Ten shall be developed and the initiation of their implementation shall be not later than 22 December 2006.

§ 137. (1) Programs of measures for waters protection and recovery under Section V of Chapter Ten shall be developed by 22 December 2009 and their implementation shall start not later than 22 December 2012.

(2) Programs under para 1 shall be subject to revision and if required shall be updated not later than 22 December 2015.

§ 138. (1) River basins management plans shall be developed and announced to the public by 22 December 2008 and shall be promulgated not later than 22 December 2009.

(2) Plans under para 1 shall be reviewed and updated not later than 200 December 2015.

§ 139. Measures for securing pricing policy under Art. 192, para 2, item 2 and the contribution of water users under Art. 192a, para 1, item 1 shall be implemented by 2010.

§ 140. Measures under Art. 156i, para 2, item 7 and 8, related to application of an integrated approach with regard to point and diffusion contamination sources, shall be scheduled and applied not later than 22 December 2012.

§ 141. Analyses and the review under Art. 156h shall be subject to revision and if required shall be updated not later than 22 December 2013.

§ 142. (1) Environmental protection objectives and provision of a good condition of the surface and underground waters, of a good environmental potential of the artificial and highly modified water bodies, as well as a good chemical condition of the surface waters in them shall be achieved not later than on 22 December 2015.

(2) Conformity to all standards and objectives for water protection zones shall be achieved not later than 22 December 2015, unless in the act, under which the zone has been determined, a longer period is provided.

§ 143. The deadline for termination of outfalls, emissions and technical loses of priority hazardous substances in surface waters under Art. 118, para 2, item 1 shall be set in the time schedule under Art. 16, item 6 of the Directive 2000/60/EC of the European Parliament and the Council.

§ 144. (1) The ordinances under Art. 135, items 2, 5 and 13 shall be put in conformity with the requirements of this present law within 6 months after its entering into force.

(2) Ordinances under Art. 135, item 1a, 6, 9 and 14 shall be issued within 6 months after entering into force of this present law.

(3) (corr. – SG 66/06) The ordinance under Art. 135, item 7 shall be issued within 6 months after entering into force of the provision of §60, item 5.

(4) Until the issuing of the ordinance under para 3 the Ordinance No.11 for the quality of waters for swimming (SG-25/02) shall be applied.

§ 145. This Law shall enter into force on the day of its promulgation in the State Gazette, except for the provisions of:

1. paragraph 18, item 3, which shall enter into force one year after entering of this present law into force;

2. paragraph 48 – in the part related to the provision of Art. 118a, para 1, item 1, which shall enter into force on 22 December 2013;

3. paragraph 60, item 5, which shall enter into force on 1 March 2007;

4. paragraph 73 – in the part related to the provision of Art. 155a, para 1, item 1, which shall enter into force one year after entering of this present law into force.

Appendix No 1 of art. 13, item 1

 

List of complex and important dams

 

1. Alexander Stamboliyski

2. Asenovets

3. Aheloy

4. Batak

5. Beglika

6. Beli Lom

7. Belmeken

8. Borovitsa

9. Vacha

10. Georgy Traikov

11. Golyam Beglik

12. Gorni Dubnik

13. Domlyan

14. Dospat

15. Dyakovo

16. Enitsa

17. Zhrebtchevo

18. Ivaylovgrad

19. Iskar

20. Yovkovtsi

21. Kalin

22. Kamtchiya

23. Karagyol

24. Kokalyane

25. Koprinka

26. Kritchim

27. Kula

28. Kurdzhali

29. Malko Sharkovo

30. Ognyanovo

31. Ogosta

32. Pancharevo

33. Poroy

34. Pchelina

35. Pyasutchnik

36. Rabisha

37. Rozov Kladenets

38. Sopot

39. Sretchenska Bara

40. Studen Kladenets

41. Studena

42. Saedinenie

43. Ticha

44. Topolnitsa

45. Toshkov Chark

46. Trakiets

47. Christo Smirnenski (Yantra)

48. Chaira

49. Shiroka Polyana

50. Yasna Polyana

51. Yastrebino

Appendix No 2 of art. 14, item 2

 

List of Mineral Waters which are Exclusive State Property

 

1. "Aytos" - Bourgas region, municipality of Aytos, town of Aytos

2. "Banite" - Smolyan region, municipality of Banite, village of Banite

3. "Bankya" - Capital region of Sofia, town of Bankya

4. "Banya" - Pazardzhik region, municipality of Panagyurishte, village of Banya

5. "Banya" - Plovdiv region, municipality of Karlovo, village of Banya

6. "Banya" - Sliven region, municipality of Nova Zagora, village of Banya

7. "Bedenski Bani" - Smolyan region, municipality of Devin, village of Beden

8. "Belovo" - Pazardzhik region, municipality of Belovo, town of Belovo

9. "Beltchinski Bani" - Sofia region, municipality of Samokov, village of Beltchin

10. "Blagoevgrad" - Blagoevgrad region, municipality of Blagoevgrad, town of Blagoevgrad

11. "Blagoevgrad - Struma river" - Blagoevgrad region, municipality of Blagoevgrad, village of Zeleni Dol

12. "Bratsigovo" - Pazardzhik region, municipality of Bratsigovo, town of Bratsigovo

13. "Bourgaski Mineralni Bani" - Bourgas region, municipality of Bourgas, village of Vetren

14. "Barziya" - Montana region, municipality of Berkovitsa, village of Burziya

15. "Varvara" - Pazardzhik region, municipality of Septenvri, village of Varvara

16. "Velingrad - Kamenitsa" - Pazardzhik region, municipality of Velingrad, town of Velingrad

17. "Velingrad - Ladzhene" - Pazardzhik region, municipality of Velingrad, town of Velingrad

18. "Velingrad - Chepino" - Pazardzhik region, municipality of Velingrad, town of Velingrad

19. "Voneshta Voda" - Veliko Turnovo region, municipality of Veliko Turnovo, village of Voneshta Voda

20. "Varshets" - Montana region, municiplaity of Vurshets, town of Vurshets

21. "Guliyna Banya" - Blagoevgrad region, municipality of Razlog, village of Banya

22. "Devin" - Smolyan region, municipality of Devin, town of Devin

23. "Dzhebel" - Kurdzhali region, municipality of Dzhebel, town of Dzhebel

24. "Dobrinishte" - Blagoevgrad region, municipality of Bansko, village of Dobrinishte

25. "Dolna Banya" - Sofia region, municipality of Dolna Banya, town of Dolna Banya

26. "Dolni Rakovets" - Pernik region, municipality of Radomir, village of Dolni Rakovets

27. "Draginovo" - Pazardzhik region, municipality of Velingrad, village of Draginovo

28. "Eleshnitsa - area St. Varvara - Mesta river" - Blagoevgrad region, municipality of Razlog, village of Banya

29. "Zamfirovo" - Montana region, municipality of Berkovitsa, village of Zamfirovo

30. "Izvorishte" - Bourgas region, municipality of Bourgas, village of Izvorishte

31. "Kazitchene - Ravno Pole" - Capital region of Sofia, municipality of Sofia, village of Kazitchene; Sofia region, municipality of Elin Pelin, village of Ravno Pole

32. "Kamenar" - Bourgas region, municipality of Pomorie, village of Kamenar

33. "Katuntsi" - Blagoevgrad region, municipality of Sandanski, village of Katuntsi

34. "Kirkovo" - Kurdzhali region, municipality of Kirkovo, village of Kirkovo

35. "Kiten" - Bourgas region, municipality of Tsarevo, village of Kiten

36. "Kostenets" - Sofia region, municipality of Kostenets, town of Kostenets

37. "Krasnovo" - Plovdiv region, municipality of Hisarya, village of Krasnovo

38. "Krushuna" - Lovech region, municipality of Letnitsa, village of Krushuna

39. "Kuklen" - Plovdiv region, municipality of Rodopi, village of Kuklen

40. "Kyustendil" - Kyustendil region, municipality of Kyustendil, town of Kyustendil

41. "Marash" - Shoumen region, municipality of Shoumen, village of Marash

42. "Marikostinovo" - Blagoevgrad region, municipality of Petrich, village of Marikostinovo

43. "Medovo" - Bourgas region, municipality of Pomorie, village of Medovo

44. "Merichleri" - Haskovo region, municipality of Dimitrovgrad, town of Merichleri

45. "Mihalkovo" - Smolyan region, municipality of Devin, village of Mihalkovo

46. "Momin Prohod" - Sofia region, municipality of Kostenets, town of Kostenets

47. "Nevestino - Barishteto" - Kyustendil region, municipality of Nevestino, village of Nevestino

48. "Nevestino - Topilata" - Kyustendil region, municipality of Nevestino, village of Nevestino

49. "Narechenski Mineralni Bani" - Plovdiv region, municipality of Assenovgrad, village of Narechenski Bani

50. "Obedinenie" - Veliko Turnovo region, municipality of Polski Trumbesh, village of Obedinenie

51. "Ovoshtnik" - Stara Zagora region, municipality of Kazanluk, village of Ovoshtnik

52. "Ovcha Mogila" - Veliko Turnovo region, municipality of Svishtov, village of Ovcha Mogila

53. "Ognyanovo - Gurmen" - Blagoevgrad region, municipality of Gurmen, villages of Gurmen and Ognyanovo

54. "Pavel Banya" - Stara Zagora region, municipality of Pavel Banya, town of Pavel Banya

55. "Pesnopoy" - Plovdiv region, municipality of Kaloyanovo, village of Pesnopoy

56. "Polikraishte" - Veliko Turnovo region, municipality of Gorna Oryahovitsa, village of Polikraishte

57. "Polski Trambesh" - Veliko Turnovo region, municipality of Polski Trumbesh, town of Polski Trumbesh

58. "Polyanovo" - Bourgas region, municipality of Aytos, village of Polyanovo

59. "Provadiya" - Varna region, municipality of Provadiya, town of Provadiya

60. "Pchelinski Bani" - Sofia region, municipality of Kostenets, village of Pchelin

61. "Resen" - Veliko Turnovo region, municipality of Veliko Turnovo, village of Resen

62. "Rudartsi" - Pernik region, municipality of Pernik, village of Rudartsi

63. "Rudnik" - Bourgas region, municipality of Bourgas, village of Rudnik

64. "Rupite - area Kozhuh" - Blagoevgrad region, municipality of Petrich, village of General Todorovo

65. "Razhena" - Stara Zagora region, municipality of Kazanluk, village of Ruzhena

66. "Sandanski" - Blagoevgrad region, municipality of Sandanski, town of Sandanski

67. "Sapareva Banya" - Kyustendil region, municipality of Sapareva Banya, town of Sapareva Banya

68. "Svishtov" - Veliko Turnovo region, municipality of Svishtov, town of Svishtov

69. "Simeonovgrad" - Haskovo region, municipality of Simeonovgrad, town of Simeonovgrad

70. "Simmitli" - Blagoevgrad region, municipality of Simmitli, town of Simmitli

71. "Slatina" - Montana region, municipality of Berkovitsa, village of Slatina

72. "Slivenski Mineralni Bani" - Sliven region, municipality of Sliven, village of Metchkarovo

73. "Sluntchev Bryag" - Bourgas region, municipality of Nessebar, town of Nessebar

74. "Sofia - Batalova Vodenitsa" - Capital region of Sofia

75. "Sofia - Gorna Banya" - Capital region of Sofia

76. "Sofia - Zheleznitsa" - Capital region of Sofia

77. "Sofia - Knyazhevo" - Capital region of Sofia

78. "Sofia - Lozenets" - Capital region of Sofia

79. "Sofia - Nadezhda" - Capital region of Sofia

80. "Sofia - Ovcha Kupel" - Capital region of Sofia

81. "Sofia - Pancharevo" - Capital region of Sofia, village of Pancharevo

82. "Sofia - Svoboda" - Capital region of Sofia

83. "Sofia - Centre" - Capital region of Sofia

84. "Starozagorski Mineralni Bani" - Stara Zagora region, municipality of Stara Zagora, village of Starozagorski Bani

85. "Stefan Karadzhovo" - Yambol region, municipality of Bolyarovo, village of Stefan Karadzhovo

86. "Straldzha" - Yambol region, municipality of Straldzha, town of Straldzha

87. "Streltcha" - Pazardzhik region, municipality of Streltcha, town of Streltcha

88. "Sudievo" - Bourgas region, municipality of Aytos, village of Sudievo

89. "Troyan" - Haskovo region, municipality of Simeonovgrad, village of Troyan

90. "Turgovishte - Boaza" - Turgovishte region, municipality of Turgovishte, village of Prolaz

91. "Harmanli" - Haskovo region, municipality of Harmanli, town of Harmanli

92. "Haskovski Mineralni Bani" - Haskovo region, municipality of Mineralni Bani, village of Mineralni Bani

93. "Hisarya" - Plovdiv region, municipality of Hisarya, town of Hisarya

94. "Hotovo" - Blagoevgrad region, municipality of Sandanski, village of Hotovo

95. "Chiflik" - Lovech region, municipality of Troyan, village of Chiflik

96. "Chirpan" - Stara Zagora region, municipality of Chirpan, town of Chirpan

97. "Shipkovo" - Lovech region, municipality of Troyan, village of Shipkovo

98. "Yagoda" - Stara Zagora region, municipality of Muglizh, village of Yagoda

99. Region "Dolna Kamchiya" - iodine - bromine waters - Varna region, municipality Dolny Chiflik and municipality Avren.

100. Region "Northeastern Bulgaria" - underground waters from the malm aquifer with temperature higher than 20( C - Varna region, Dobrich region, Shoumen region

101. Region "Varna Basin" - underground waters from the eocenic aquifer with temperature higher than 20( C - Varna region, Dobrich region

102. Region "Sofia valley" - underground waters from the pre-neosoic plate and the neogenic sediment complex with temperature higher than 20( C, including the mineral waters from the deposits detached beforehand on the territory of Sofia region and region Sofia.




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