Water Law in Selected European Countries Vol. II
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Legislative Study No. 30 WATER LAW IN SELECTED EUROPEAN COUNTRIES (Cyprus, Finland, the Netherlands, Union of Soviet Socialist Republics, Yugoslavia) Agrarian and Water Legislation Section Legislation Branch, Legal Office FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS Rome, 1983 The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. M-50 ISBN 92-5-101490-6 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the copyright owner. Applications for such permission, with a statement of the purpose and extent of the reproduction, should be addressed to the Director, Publications Division, Food and Agriculture Organization of the United Nations, Via delle Terme di Caracalla, 00100 Rome, Italy. © FAO 1983 FOREWORD Water has been aptly described as the “lifeblood” of mankind. In the eight years that have elapsed since the publication of Volume I of this series, the unassailable nature of this statement has been reconfirmed in a variety of ways including the United Nations Water Conference at Mar del Plata (1977) and the declaration of the International Drinking Water Supply and Sanitation Decade, to name but two examples. There, and elsewhere in the intervening years, repeated stress has been given to the importance of water to health, economic and social development and the quality of life in general. This study is about the rational management and protection of this most important of resources. On the one hand, it is intended as a further contribution towards a global inventory of national experiences in the field of water resources management. On the other, it is an effort to educate by example; to provide a guide to those who want to know how others are coping with the complexities of managing and protecting water resources. In the latter context it is hoped that the reader will find this study especially useful. Although the subject matter is, in general terms, the water law of European countries, the countries themselves have been selected in a way intended to provide a broad cross section of how water resources are managed in wet (Finland) and arid (Cyprus) climates; how they are managed in the face of the constant threat of seawater intrusion (Netherlands) and how they are dealt with under a federalized management regime (Yugoslavia). In addition, we have included the example of legislation intended to facilitate the management and protection of an enormous variety of water resources over a vast area affected by climatic extremes (USSR). In short, it is hoped that the study will satisfy a variety of appetites for knowledge. The country monographs contained in this study are each the work of water resources lawyers who graciously contributed their time and considerable effort in their personal and private capacity. They are: - Edmée Roëll, P.W.J. Odero and J.H.A. Teulings, who prepared and reviewed the chapter on the Netherlands; - Vera Jazvic Pierrogianna and Dr. Lovro R.R. Sturm, who prepared and reviewed the material on Yugoslavia; - O.S. Kolbasov who prepared the chapter on water law in the Soviet Union; - Professor Martti Enäjäriv who contributed the chapter on the water law of Finland; - Charalambos Kyraikidis who has kindly prepared the chapter on the water legislation of Cyprus; and Thanks are also given to Mr. Dante Caponera, Chief of the FAO Legislation Branch who originated the concept of these comparative studies. Finally, it is recognized that the five country monographs comprising this study may possibly contain minor omissions or may require modification as new legislation is developed in the countries themselves. The Legislation Branch will accordingly be grateful to anyone who would point out such omissions or necessary modifications so that they may be taken into account in any future edition. Gregory K. Wilkinson Legal Officer, Legislation Branch Legal Office - v - CONTENTS Page CYPRUS I. Introduction 1 II. Legislation in Force 4 III. Ownership of Waters 5 IV. The Right to Use Water or Water Rights 6 V. Order of Priorities 7 VI. Legislation on Beneficial Uses of Water 8 VII. Legislation on Harmful Effects of Water 9 VIII. Legislation on Water Use, Quality and Pollution Control 11 IX. Legislation on Groundwater Resources use 14 X. Legislation on the Control and Protection of Waterworks and Structures 15 XI. Legislation on the Declaration of Protected Zones or Areas 16 XII. Government Water Resources Institutions and Administration 18 XIII. Legislation on Water Resources Development Financing 21 XIV. Water Law Implementation 21 XV. Customary Water Law and Institutions 25 FINLAND I. Introduction 26 II. Legislation in Force 28 III. Ownership of Waters 29 IV. The Right to Use Water or Water Rights 30 V. Order of Priorities 32 VI. Legislation on Beneficial Uses of Water 34 VII. Legislation on Harmful Effects of Water 39 VIII. Legislation on Water Use, Quality and Pollution Control 42 - vi - Page IX. Legislation on Groundwater Resources Use 44 X. Legislation on Control and Protection of Waterworks and Structures 45 XI. Legislation on the Declaration of Protected Zones or Areas 45 XII. Government Water Administration and Institutions 45 XIII. Special and Autonomous Water Resources Development Agencies 49 XIV. Legislation on Water Resources Development Financing 49 XV. Water Law Implementation 50 THE NETHERLANDS I. Introduction 53 II. Legislation in Force 55 III. Ownership of Water 56 IV. The Right to Use Water or Water Rights 57 V. Order of Priorities 63 VI. Legislation on Beneficial Uses of Water 64 VII. Legislation on Harmful Effects of Water 67 VIII. Legislation on Water Use, Quality and Pollution Control 71 IX. Legislation on Groundwater Resources Use 74 X. Legislation on the Control and Protection of Waterworks and Structures 76 XI. Legislation on the Declaration of Protected Zones or Areas 80 XII. Government water Resources Institutions and Administration 81 XIII. Special and Autonomous Water Resources Development Agencies 93 XIV. Legislation on Water Resources Development Financing 94 XV. Water Law Implementation 97 UNION OF SOVIET SOCIALIST REPUBLICS I. Introduction 99 II. Legislation in Force 101 III. Ownership of Waters 103 - vii - Page IV. The Right to Use Water or Water Rights 103 V. Order of Priorities 105 VI. Legislation on Beneficial Uses of Water 106 VII. Legislation on Harmful Effects of Water 111 VIII. Legislation on Water Use, Quality and Pollution Control 111 IX. Legislation on Groundwater Resources Use and Protection 113 X. Legislation on the Control and Protection of Waterworks and Structures 114 XI. Legislation on the Declaration of Protected Zones or Areas 115 XII. Government Water Resources Institutions and Administration 116 XIII. Special and Autonomous Water Resources Development Agencies 119 XIV. Legislation on Water Resources Development Financing 119 XV. Water Law Implementation 119 XVI. Customary Water Law and Institutions 121 XVII. International Treaties 121 YUGOSLAVIA I. Introduction 122 II. Legislation in Force 125 III. Ownership of Waters 126 IV. The Right to Use Water or Water Rights 127 V. Order of Priorities 130 VI. Legislation on Beneficial Uses of Water 130 VII. Legislation on Harmful Effects of Water 134 VIII. Legislation on Water Use, Quality and Pollution Control 138 IX. Legislation on Groundwater Resources Use 142 X. Legislation on the Control and Protection of Waterworks and Structures 143 XI. Legislation on the Declaration of Protected Zones or Areas 145 XII. Government Water Resources Institutions and Administration 146 XIII. Special and Autonomous Water Resources Development Agencies 149 XIV. Legislation on Water Resources Development Financing 151 XV. Water Law Implementation 152 - 1 - CYPRUS 1/ I. INTRODUCTION Cyprus is a relatively small island in the extreme Northeastern end of the Mediterranean, situated between Turkey, Syria and Egypt. The island lies 37 miles from the coast of Turkey, 104 kilometers from the coast of Syria, 300 kilometers from the coast of Egypt, and 350 kilometers from Rhodes, its area is 9,250 square kilometers; the maximum dimensions from North to South are 96 kilometers and East to West 226 kilometers. Currently, the population is approximately 650,000 with roughly 40 percent of the people residing in three main towns: Nicosia (120,000), Limasol (79,000) and Famagusta (45,000) 2/. Cyprus, in relation to the regional geology of the Eastern Mediterranean, can be considered as lying between the Anatolian Plateau and the foreland of the African shield. The Southeastern coast of Cyprus consists of natural ports protected from strong Northern winds. Natural ports, such as Kyrenia, are also formed on the North coast. On the South coast of Cyprus are the ports of Paphos, Episkopi and Limasol (historically known respectively as Kourion and Amathus). On the East coast there are the ports of Larnaca and Famagusta (known historically as Larnaka and Salamis). On the North of Kyrenia there are the ports of Solon and Poleos Chrysochou (Marion). The Western coast of Cyprus is rather rocky and consequently is without ports. The topography of Cyprus is generally hilly and dominated by two mountain ranges. Along the South-Western coast the Troödas Mountain range rises with Olympus as its highest peak (1950 meters). The range stretches approximately 80 kilometers from near the West coast to within 19 kilometers of the Island's Eastern edge. Along the Northern coast, the Pendtadhaktylos range is found, with Kyparissovouns its highest peak. The range runs approximately 128 kilometers from east to west only a short distance inland, leading a narrow, fertile plain along the Northern coast.