Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Permit for special water use
Special water use is one of the most regulated areas of nature use in Ukraine. According to the Water Code of Ukraine and Resolution of the Cabinet of Ministers of Ukraine No. 321 dated 13.03.2002, this concept covers the withdrawal of water from water bodies with the help of structures or technical devices and the discharge of return water into them. It is important to understand that the water use regulation system was created not only for control, but also for ensuring the rational use of water resources and their protection from pollution.
Who should get permission?
Permission is required for:
- Industrial enterprises
- Agricultural companies
- Municipal enterprises
- Enterprises using underground water
- Organizations carrying out waste water discharge
Documents for obtaining permission
The process of preparing documentation for obtaining a permit requires a thorough approach and significant resources. The basic package of documents includes a statement of the established model, justification of the need for water, a plan of water protection measures and a scheme of water supply and drainage.
Special attention should be paid to the preparation of the justification of the need for water. This document should be as detailed as possible and take into account all aspects of planned water use. When compiling it, it is important to rely not only on the current needs of the enterprise, but also to take into account the prospects for the development of production and possible seasonal fluctuations in water consumption.
In addition, the following may be required:
- Passport of the water object
- Entitlement documents for water intake structures
- Contract for the transfer of water to other water users (if available)
Procedure for receiving
The process of obtaining a permit for special water use is often more complicated than it seems at first glance. The most critical stage is the preparatory stage. At this stage, it is important not only to collect all the necessary documents, but also to make sure that all the information in them is agreed among themselves. Situations often arise when data in different documents contradict each other, which inevitably leads to delays in the consideration of the application.
The deadline for reviewing documents is 30 calendar days, during which the documentation is checked for compliance with the requirements and a decision is made on issuance or refusal. The permit can be both short-term (up to 3 years) and long-term (from 3 to 25 years) – the latter is issued to water users engaged in activities related to the extraction of minerals.
Grounds for refusal
Most often, the refusal to issue a permit is received due to:
- Submission of an incomplete package of documents
- Detection of inaccurate information
- Negative conclusion of environmental examination
- Violation of water legislation by the applicant
Practical aspects of operation
Proper operation of water use systems requires constant attention and control. Installation and maintenance of water meters often become a serious challenge for enterprises. It is important to understand that it is not enough to simply install meters – it is necessary to ensure their regular calibration and verification, keep a log of indicators and keep all accompanying documentation.
Organization of the water quality monitoring system becomes a significant problem for many water users. Legislation sets fairly strict requirements for quality control of both collected and discharged water. This requires not only regular laboratory tests, but also proper documentation of their results.
Practical recommendations
- Planning:
- Start the procedure for obtaining a license early
- Consider possible delays
- Prepare backup options
- Monitoring and reporting:
- Check water quality regularly
- Monitor usage volumes
- Submit reports on time
- Keep supporting documents
Liability for violations
The issue of responsibility for violation of conditions of special water use deserves special attention. In addition to direct fines, which can be quite significant, the enterprise may face the need to compensate for damages caused to water bodies. At the same time, the calculation of such damages is often carried out using complex methods that take into account not only direct, but also indirect consequences of violations.
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The main types of responsibility include:
Administrative responsibility:
- Fines for individuals
- Increased fines for officials
- Temporary suspension of activity is possible
Financial responsibility:
- Compensation for damages caused to water bodies
- Fee for excess water use
- Compensation for environmental damage
Conclusion
Obtaining and using a permit for special water use is a complex and responsible process that requires a systematic approach and constant attention. The successful completion of all stages from the submission of documents to the organization of current activities is possible only with a deep understanding of both the legal and technical aspects of water use. At the same time, it is important to remember that properly organized water use is not only the fulfillment of formal requirements, but also an important element of environmentally responsible business conduct.
If you need help in issuing a permit for special water supply or other permit documents, contact us! The team of lawyers “Prykhodko and partners” will provide professional support at all stages – from the preparation of documents to obtaining a permit.
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1 question
Do you draw water from underground sources?
2 question
Is it planned to transfer water to other water users?
3 question
Do you already have water meters installed?
Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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