Land law. Water fund lands (most important)

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Land law. Water fund lands (most important)

Lecture notes, cheat sheets

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89. WATER FUND LAND

Lands of the water fund are:

▪ covered by surface waters concentrated in water bodies;

▪ occupied by hydraulic engineering and other structures located on water bodies.

On lands covered by surface water, land plots are not formed. For the purpose of constructing reservoirs and other artificial water bodies, land is reserved. The procedure for the use and protection of water fund lands is determined by the Land Code of the Russian Federation and water legislation.

In accordance with the Water Code of the Russian Federation, water is an essential component of the environment, a renewable, limited and vulnerable natural resource. An object of water relations is a water body or part thereof. A water body refers to both surface water and the land covered by it, as well as the associated bottom and shores of the water body. Therefore, the regulation of water relations is closely related to the regulation of land relations. Water bodies are used and protected as the basis for the life of peoples living on the territory of the Russian Federation, ensuring the economic, social, and environmental well-being of the population, the existence of flora and fauna. The water fund forms a set of water bodies included or subject to inclusion in the state water cadastre. The state water cadastre is a collection of data about water bodies, their water resources, the use of water bodies, and water users.

The interaction of land and water legislation can be considered in relation to the regulation of the use and protection of isolated water bodies. Objects of water relations, in particular, are isolated water bodies. Isolated water bodies are closed, small in area and stagnant artificial reservoirs that have no connection with other surface water bodies.

The definition of a separate water body is important for establishing the regime of its use. Thus, in accordance with the Land Code of the Russian Federation, the privatization of land plots within the coastal strip established in accordance with the Water Code of the Russian Federation, as well as land plots on which ponds, flooded quarries (separate water bodies) are located, within the boundaries of public areas are prohibited.

Owners of land plots have the right to use, in the prescribed manner for their own needs, the fresh groundwater available on the land plot, as well as separate water bodies (ponds, flooded quarries), and also to build ponds and other water bodies in accordance with the environmental, construction, sanitary and hygienic standards established by law and other special requirements.

Water bodies are federal property. A pond, a flooded quarry, located within the boundaries of a land plot owned by a subject of the Russian Federation, a municipal entity, an individual, a legal entity, are in their ownership, unless otherwise provided by law.

The alienation of water bodies is not allowed without the alienation of the land plots within the boundaries of which they are located. Land plots are not subject to division if such division requires the division of a pond or a watered quarry.

Author: Medentsov A.S.

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