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The law on rural consumer cooperatives of water users

Source: EC section, 05/23/2013 13:18:13

 

Law of the Republic of Kazakhstan on April 8, 2003 № 404-II 
On rural consumer cooperatives of water users

 

This Law regulates relations arising in the implementation of activities for the supply and consumption of water, between the physical and (or) legal entities – members of the rural consumer cooperative water users and government agencies, and individuals who are not members of the rural consumer cooperative water users, determines the legal status of the cooperative provides the conditions necessary for the management, disposal of sources of irrigation, the interests of all water users.

Chapter 1. General Provisions

Article 1. Basic concepts used in this Law

In this Law the following basic concepts:

1) water users – physical and legal persons using hydraulic structures, devices and equipment;

2) irrigation and drainage system  a complex of technologically interconnected hydraulic structures, devices and equipment intended for irrigation, watering and drainage (irrigation, drainage, drainage and watering systems);

3) property (share) fee – contributions from members of the rural consumer cooperative water users in the mutual fund rural consumer cooperative water users;

4) limits water use – the maximum permissible amounts of water withdrawals from bodies of water or wastewater discharge standard quality in water bodies within a certain time, set by river basin and for individual water users;

5) section of water – a structural unit of rural consumer cooperative water users that can be created by a decision of the general meeting (meeting of authorized representatives), consisting of members of the cooperative of water users served by a single hydraulic structures, devices and equipment and (or) remote from the location of the governing body, or in other cases stipulated by the charter of the rural consumer cooperative water users;

6) mutual fund – a fund consisting of property (share) contributions made by members of the rural consumer cooperative water users when creating or joining it, and being one of the sources of the assets of the rural consumer cooperative water users;

7) command area – agricultural land, watered, watered, dried one drainage structures or apparatus;

8) The local authorized body – the executive body regulating water use in the respective territory.

Article 2. Legislation of the Republic of Kazakhstan on the rural consumer cooperatives of water users

1. Legislation of the Republic of Kazakhstan on the rural consumer cooperatives of water users is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, the Water Code, the present Law and the legislation of the rural consumer cooperatives in the Republic of Kazakhstan in the part not regulated by this Law and other regulations legal acts of the Republic of Kazakhstan.

2. If international treaties ratified by the Republic of Kazakhstan establishes other rules than those contained in this Act, the rules of the international treaty.

Article 3. Rural consumer cooperative water users

1. The rural consumer cooperatives of water users (hereinafter – cooperative water users) is a voluntary association of individuals and (or) legal entities that own (use) of land on the command area, on the basis of membership for the joint management of hydraulic structures, devices and equipment for agriculture .

2. Gains derived by a cooperative of water users, can not be distributed between its members and sent to the authorized purposes.

3. Water Users Cooperatives are non-profit organizations and may engage in business activities only in so far as it is consistent with their statutory goals.

Article 4. Basic principles of creation and activity of cooperative water users

Water Users Cooperatives are based on the following principles:

joint management of hydraulic structures, devices and equipment;

the right to equal access to water to all water users, regardless of membership in the cooperative water users;

voluntary entry and exit from the membership;

democratic governance;

protection of interests of members of the cooperative of water users;

the maintenance of the rational use of water and land resources and environmental protection;

the availability of information on the activities of the cooperative water users for all members of the cooperative of water users.

Article 5. State and cooperatives of water users

1. The programs may be subsidizing the cost of services for the delivery of water to agricultural producers, providing information services in the implementation of research and development, advanced technologies of water supply, irrigation and watering, maintenance of water systems, and training and skills development, investment in the reconstruction of water systems and improvement of irrigated lands.

The procedure and conditions of direct investment set by the legislation of the Republic of Kazakhstan.

2. Local governments (cities of republican status, capital) control within its competence pursuant to cooperatives of water users of the water legislation of the Republic of Kazakhstan and provision of equitable access to water of all consumers, regardless of their membership in a cooperative water users.

3. The central government and local executive bodies have no right to interfere in the economic, financial and other cooperatives of water users, except in cases stipulated by legislative acts of the Republic of Kazakhstan.

Article 6. Powers of the cooperative water users

1. Water Users Cooperative is a legal entity and has the following authorized:

1) engage in activities aimed at meeting the needs of the members of the cooperative of water users;

2) engage in business activities in so far as it serves the purposes for which it was created;

3) serve the customer to perform work on the construction, repair and modernization of hydraulic structures, devices and equipment, and to carry out their acceptance;

4) within its jurisdiction to resolve disputes related to the provision and distribution of water among water users command area;

5) appeal the court acts of state bodies, the actions of their officials violate the rights of cooperative water users;

6) collect the contributions and payments to the members of the cooperative of water users and other water users in accordance with the treaties;

7) exercise other rights of a legal entity needed to achieve the goals of the charter of the cooperative water users.

2. Certain types of business activity, the relevant statutory goals, the list of which is determined by the laws of the Republic of Kazakhstan on licensing, cooperative water users may be engaged only on the basis of a license.

Article 7. Duties of cooperative water users

The cooperative water users must:

1) obtain a permit for special water use and water use limits in the local authorized body in accordance with the Water Code of the Republic of Kazakhstan;

2) enter into contracts with water users command area that are not members of the cooperative of water users, the establishment for each limit water use and pay for it;

3) to plan schedules the water supply to water users command area not included in the cooperative water users within the specified contract for each limit water consumption;

4) ensure the right of equal access to water to all water users command area, regardless of membership in the cooperative water users in accordance with the agreements;

5) keep records and report management of water resources, irrigation and drainage systems provide the means to account for the water;

6) to receive a license for the use of water resources, in cases established by the legislation of the Republic of Kazakhstan;

7) to carry out maintenance, repair, reconstruction of hydraulic structures, devices and equipment in compliance with the measures for the safety and security of their operation;

8) To maintain certification of hydraulic structures, devices and equipment;

9) to assist the members of the cooperative of water users in improving the skills and knowledge in the field of rational and efficient use of water;

10) To protect the interests of water users, to assist them in the implementation of new technologies, techniques and the dissemination of knowledge;

11) to observe the water, land, sanitary-epidemiological, environmental legislation and the legislation of the Republic of Kazakhstan Republic of Kazakhstan on subsoil and subsoil use, contracts, established rules and regulations of special water use;

12) To promote the rational use of water resources by all water users command area, regardless of membership in the cooperative water users, to prevent the deterioration of water quality;

13) maintain records established under the laws of the Republic of Kazakhstan;

14) use of water in accordance with the purpose and conditions of its provision;

15) observe the established limits, rules, norms and regime of water use;

16) to take measures to eliminate and reduce water wastage;

17) Prevent pollution of water sources and environmental degradation;

18) to meet its obligations with all its property;

19) perform other duties stipulated by the charter of cooperative water users, not contradict the legislation of the Republic of Kazakhstan.

Chapter 2. The establishment and management of the cooperative

Water Users

Article 8. The procedure of creating a cooperative water users

1. Creating a cooperative water users starts with a constituent assembly and ends with the state registration of water users of the cooperative as a legal entity.

2. Citizens may form an initiative group on preparation of the constituent assembly of the cooperative of water users and the draft documents to be submitted for its consideration.

3. In cases where the cooperative water users is created by citizens of several settlements, and (or) other cases may hold a constituent assembly Commissioners elected wishing to join the cooperative water users, in a manner and at rates that are set by the action teams for preparation and holding of the constituent Meeting of cooperative water users.

4. The cooperative of water users can be created within a single hydraulic structures, devices and equipment, provided that its members are not less than a half of water users command area.

Article 9 Statute of cooperative water users

1. The charter of the cooperative water users is a document defining the legal status of cooperative water users as a legal entity.

2. The charter of the cooperative water users must contain:

1) name, location, organizational and legal form of the cooperative water users;

2) the object and purpose of the cooperative water users;

3) the procedure for the entry and exit of shareholders of the membership of the cooperative water users, including the procedure for the partition of his share in the property of the cooperative water users;

4) The composition, size and order of property (share) contributions;

5) the sources of forming the property of the cooperative water users;

6) The responsibility of the members of the cooperative of water users for breach of obligations;

7) conditions, the order of creation and activity area of ​​water use;

8) The authority authorized area of ​​water use;

9) relations with water users command area that are not members of the cooperative of water users;

10) the procedure for formation of election (re-election) and the powers of the executive, supervisory and other bodies of the cooperative water users, decision-making rules;

11) the procedure for members of the cooperative water users cover losses incurred by the cooperative of water users;

12) the conditions of reorganization and liquidation of the cooperative water users;

13) the procedure for making amendments and additions to the constituent documents of the cooperative water users.

Statute of cooperative water users may contain other provisions that do not contradict the legislation of the Republic of Kazakhstan.

3. the charter of the cooperative water users is a list of members of the cooperative with the name, first name, middle name, place of residence and data of identity document, as well as the name and location of legal entities, as well as information about the presence of members of the cooperative water users irrigated agricultural land.

Article 10. The activities of the cooperative water users

1. The basis of the cooperative water users are management of hydraulic structures, devices and equipment and their operation.

2. Hydraulic structures, devices, and equipment can be transferred to the cooperative water users in trust.

3. Water Users Cooperative when taking water directly from the water source must have a license for the use of water resources and licenses for special use.

Article 11 cooperatives of water users with water users, not included in its composition

1. Water users not included in the cooperative water users, but are served from a hydraulic structure, devices and equipment, under the management of the cooperative water users retain the right to water use. In the resolution on the use of water, the resulting cooperative water users indicated that it ensures the provision of water to non-members of the cooperative of water users on a contractual basis.

2. Fee for water delivery to water users who are not members of the cooperative of water users, established under the laws of the Republic of Kazakhstan.

3. Disputes between cooperative water users and water users, not included in its membership shall be settled by the court.

Article 12. Membership in the cooperative water users

1. The members of the cooperative of water users may be individuals or legal entities that own (use) of land in the command area, and carry out activities related to the use of hydraulic structures, devices and equipment.

Natural and legal persons using agricultural land on a secondary land use and users of hydraulic structures, devices and equipment that are involved in the activities of the cooperative water users on the basis of a power of attorney issued by the primary landholder.

2. A legal entity which is a member of the cooperative water users must be represented in the cooperative through its bodies acting in accordance with the laws of the Republic of Kazakhstan and the constituent documents.

3. The peasant or farm co-op water users is its head personally. In case of illness or prolonged absence of the head of the peasant or farm may authorize any of the members of the management to perform its functions in a cooperative water users, as in writing the management body of the cooperative water users.

4. State-owned enterprises, which are the water users within the command area boundaries may be members of the cooperative water users only with the consent of local authorities.

5. Public institutions can not be members of the cooperative of water users, except for those institutions, which in the established order to transfer the right of ownership, use and disposal of state property.

6. Foreigners, stateless persons and foreign legal persons shall enjoy the same rights and obligations in the establishment of cooperatives and water users in the Republic of Kazakhstan on a par with physical and legal persons of the Republic of Kazakhstan, unless otherwise provided by legislative acts of the Republic of Kazakhstan and international treaties ratified the Republic of Kazakhstan.

Article 13. Restrictions on the activities of the cooperative water users

In the service area of ​​the cooperative members of the cooperative water users water users, exploiting the hydraulic structures, devices and equipment, it is prohibited without permission:

non-project to make the adjustment of water management facilities;

not envisaged by the project to install the device in the water supply network on the reservoirs, canals, temporary bridges, pumping stations and other facilities;

perform other acts that infringe upon the interests of other water users.

Article 14. Duties of the members of the cooperative of water users

1. In addition to the basic duties of water users, provided by the Water Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On rural consumer cooperatives in the Republic of Kazakhstan”, the members of the cooperative of water users are obliged to:

1) to prevent excessive losses of water, as well as its use for other purposes;

2) to prevent the deterioration of sanitary-epidemiological, environmental and water conditions on agricultural lands as a result of their activities;

3) to compensate for losses caused by the failure or improper performance of obligations under the maintenance of water facilities, in accordance with civil legislation of the Republic of Kazakhstan;

4) to provide access to employees of the cooperative water users to water management structures and facilities located on their plots of land, in order to create the necessary conditions for their construction and operation.

2. The members of the cooperative of water users may have other obligations under the Charter of the cooperative water users, not contradict the legislation of the Republic of Kazakhstan.

Article 15. Termination of membership in the cooperative water users in connection with the termination of the right to permanent or temporary land use

1. A member of a cooperative water users, lost the right to land, permanent or temporary land use shall terminate its membership in the cooperative.

2. A member of a cooperative water users, lost the right to permanent or temporary land use on agricultural land, inform the executive body of the cooperative water users. This information to the executive body of the cooperative water users can afford persons who have acquired the right to land, permanent or temporary use.

3. Termination of membership in the cooperative water users due to the loss of a member of the cooperative water users on land, permanent or temporary use of land issued by the Executive Body of the cooperative water users.

4. The members of the cooperative of water users withdraw from the loss of the right to land, permanent or temporary land use, produced recovered share in the property of the cooperative water users proportional to his property (share) fee, in the manner prescribed by this Act.

Article 16. The general meeting (meeting of authorized persons) cooperative water users

1. The general meeting (meeting of authorized persons) cooperative water users shall be convened as an ordinary or extraordinary.

2. A member of a cooperative water users have the right to participate in the general meeting (meeting of representatives) personally or through a representative.

As a representative at the general meeting (meeting of representatives) may not act as members of the governing bodies of the cooperative water users, except in cases where the principal is himself a member of the governing bodies of the cooperative water users.

As a representative of a member of the cooperative water users have the right to act on the basis of an individual power of attorney.

3. Each member of the cooperative water users or their representative at the general meeting (meeting of representatives) shall have one vote.

4. Articles of Association of the cooperative water users can be provided with the order of the presidency of the cooperative water users at the general meeting (meeting of representatives).

5. By decision of the general meeting (meeting of authorized representatives) cooperative water users can participate commissioners elected at meetings of members of the sections of water.

6. The general meeting (meeting of authorized persons) shall have the right, unless otherwise provided by the charter of cooperative water users, delegate authority, not subject to its exclusive competence, the executive body of the cooperative water users.

Article 17 Assembly members areas of water use

1. Plot of water is an integral part of the cooperative water users and can address issues of its activity only to the extent in which it is provided by the general meeting (meeting of authorized representatives) or the charter of the cooperative water users.

2. The decision on the establishment of areas of water use by the general meeting (meeting of authorized persons) cooperative water users. The establishment of areas of water can be submitted to the general meeting (meeting of authorized representatives) executive body and (or) members of the cooperative of water users who want to create a section of water.

3. At the meeting, members of the water management section deals with the activities of the cooperative water users, as well as elected delegates to participate in the general meeting (meeting of representatives) of the cooperative of water users in the manner and on the basis of representation, which are determined by the charter of cooperative water users.

4. The meeting of the members of the cooperative water area of ​​water users is valid if it is attended by not less than two-thirds of the members of the site water.

5. The decision of the meeting of members of area water cooperative water users shall be considered adopted if voted for by more than half of the members present at the meeting portion of water.

6. Decision-making procedure meeting of the members of the cooperative water area of ​​water users, the form of voting (open or secret) shall be determined according to the meeting.

Article 18. Authorized cooperative water users

1. The authorized cooperative water users, elected at a meeting of members of the water management area, endowed with the powers defined by the charter of cooperative water users.

2. Authorized allowed to participate in the general meeting (meeting of representatives) of the cooperative of water users in the presence of an extract from the minutes of the meeting members of the water management area, signed by the chairman and secretary of the meeting.

3. The authorized cooperative water management organizes the activities of the site and informs water users plot water solutions of the general meeting (meeting of authorized representatives) cooperative water users.

Article 19 The Supervisory Board of the cooperative water users

1. The Supervisory Board of the cooperative water users can be created, if it is stipulated by the charter of the cooperative water users, in order to monitor the activities of the executive body of the part of its members. The powers of the Supervisory Board are defined by statute.

2. The Supervisory Board consists of a water users’ cooperative of its members elected by the general meeting (meeting of authorized persons) cooperative water users.

3. A member of the Supervisory Board can not simultaneously be a member of the executive body, the Audit Commission of the cooperative water users.

Article 20. The competence of the executive body of the cooperative water users

1. The competence of the executive body of the cooperative water users are the issues of the cooperative water users, not within the competence of the general meeting (meeting of authorized representatives) and the Supervisory Board as defined by this Law, the charter of the cooperative of water users and other documents adopted by the general meeting (meeting of authorized persons) and the Supervisory Board cooperative water users.

2. In relations with third parties cooperative water users are not entitled to rely on them to set limitations on the powers of the executive body of the cooperative water users. However, cooperative water users have the right to challenge the validity of transactions committed by its executive body with a third party in violation of the restrictions, if it proves that at the time of the transaction third party knew of such restrictions.

Article 21. Limitation of activities of the members of the executive body of the cooperative water users

1. The members of the executive body of the cooperative water users are prohibited:

1) without the consent of the general meeting (meeting of authorized representatives) to enter into transactions with the cooperative water users, aimed at obtaining property benefits from it (including the donation contract, loan, gratuitous use, sale and others);

2) to receive commission from the cooperative water users from third parties for transactions entered into cooperative water users and third parties;

3) act on behalf of or for the benefit of third parties in their relations with the cooperative of water users;

4) engage in business activities that compete with the activities of the cooperative water users.

2. The restrictions referred to in subparagraphs 1) – 3) of paragraph 1 of this Article shall also apply to close relatives and in-law members of the executive body of the cooperative water users.

Chapter 3. FINAL PROVISIONS

Article 22. Responsibility for violation of this Law

Violation of the requirements of this Act punishable under the laws of the Republic of Kazakhstan.

Article 23. The order of enactment of this Act

1. This Act shall come into force after its official publication.

2. The constituent documents of legal entities carrying out special use of water, created before the enactment of this Act, within six months must be brought into conformity with this Act and pass a state re-registration in accordance with the legislation of the Republic of Kazakhstan on state registration of legal entities.

3. Until the constituent documents in compliance with this Law legal entities must be guided by the provisions of their existing constituent documents to the extent that they do not contradict the Civil Code of the Republic of Kazakhstan and this Act.

President of the Republic of Kazakhstan

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