Artesian well under the law: how to get the water and do not get the problem

Rospotrebnadzor is to check the quality of water in the artesian well, then it should be put on gosuchet build buffer zone and make the state geological expertise

Artesian well at the site completely covers the issue of water supply: drilled and all; Use clean, and that is especially pleasant, gratuitous drinking water. Many citizens and so do, without thinking about the legal aspects of this issue.

In this article we will look at:

• Does an individual the right to organize the drilling of wells
• Is it legal to drill a hole "in the sand"
• In some cases, you need a license
• How to drill artesian well and not break the law

Can I drill a hole at the site "on the sand"

Groundwater is considered minerals, and their use is regulated RF Law of 21.02.1992 N 2395-1 (Ed. from 08.03.2018) "On Subsoil" (rev. and ext., joined. in force from 01.01.2019). In 2014, the law had been introduced important amendments.

Espresso

Participant FORUMHUSE

The old version of the law limited the use of groundwater the first aquifer. Moreover, he was not supposed to be a source of centralized water supply. Now you can use the underground water from any aquifer located above the aquifers, which are sources of centralized water supply.

In the current version of the Act states:

 "Land owners, land users, land owners, land tenants have the right to carry out within the boundaries of land plots without blasting usingfor their own use <...>groundwater extraction volume, which should be no more than 100 cubic meters per day,of aquifers, not a source of centralized water supply and located above the aquifers, which are the source of centralized water supplyAs well as the construction of underground structures to a depth of five meters in the manner prescribed by laws and other normative legal acts of the Russian Federation. "

That is, a license per well, which corresponds to the above requirements (amount of extract is less than 100 cubic meters per day from aquifers located above the aquifers - sources of centralized water supply), it is not necessary.

Also from the law that

• Water from the well may use the owner or lessee portion, on which the borehole;
• If the well is built into several sections, the license is already required;
• If you plan to use groundwater in business, also need to be sure to issue a license;
• Sell ​​(or transfer to someone) water extracted on its site for their own use law prohibits - it also needs to issue a license for the extraction of groundwater;
• For their own needs, you can get no more than 100 cubic meters per day. But this is more than enough even for the needs of large LPH;
• For extraction of groundwater from aquifers that They are not the source of centralized water supply, license, according to article 19 of the law "On Subsoil" is not required. And usually this sand bodies, which are not suitable for high-power drilling wells.

The law says nothing about the depth of the wells on the aquifer, the main thing that he was not the source of centralized water supply.

But sometimes these sand bodies are very good fluid loss, and they are used to supply the whole village or gardening association. To consider whether such a source of centralized water horizon with all the consequences?

That's what says about this referring to the federal law of December 7, 2011 N 416-FZ "On the Water Supply and Sanitation" consultant FORUMHOUSE Basil Gutsev (nick on FORUMHOUSE Dremlin).

Basil Gutsev

A centralized system is used to supply water to subscribers. If the number of persons is limited, or, on the contrary, there is in general no, even the theoretical limits (sharing), this decentralized system.

Therefore, the partnership can be both a centralized water supply system (if new can be connected to it subscribers) and decentralized (for example, if there is a network created just for members of the partnership, and no one more).

Is it possible to drill artesian wells in the area

Virtually all of the artesian aquifers - a source of centralized water supply. Citizens massively drilled wells "on limestone," but the legislation that would have allowed drilling artesian wells to an individual, does not exist.

Licenzirovanie

Member FORUMHOUSE

A citizen of Russia (not in the status of an individual entrepreneur) does not have the right to drill (to be ordered drilling) on ​​the limestone on a personal site. This follows from the federal law "On Subsoil", as the nat. a person can not be granted a license for subsoil use. Drilling companies also go on the offense, the storm well in the limestone individuals.

Extraction of water in the amount of less than 500 m³ / day govern local authorities, usually within the competence of the Regional Ministry of Environment and Nature.

Licenzirovanie

While local authorities avoid touching this issue, but it may change if additional fines to replenish the budget. Small fines for phys. individuals can easily be increased. They will also find how to prosecute the drilling organization.

What is considered an artesian well and how to get a license for drilling 

Member FORUMHOUSE c nickname Alexey_KAN for a long time worked in the field of licensing of subsoil use and regulations he wrote himself, which regulate the procedure Licensing of underground fresh water production at regional level and the procedure for its own production needs of the owners and other owners storage.

According to him, in the above article 19 of the law on mineral resources there is a non-obvious condition.

Mined at the site groundwater should not be extracted from aquifers, which are the sources of centralized water supply

Therefore, in order to drill in their area well and did not violate the norms of legislation, it is necessary to know exactly the source of centralized water supply in your area or not. And this information in the public domain does not.

Alexey_KAN

Member FORUMHOUSE

Artesian well to a depth of 80 meters, you can easily encroach on someone's subsoil area (where water reserves are on the state's balance sheet), for example, of a water treatment plant, which withdrawals may be a few kilometers from your Memory.

The fact that an underground lake, or other body of water underground can take a huge area.

If he explored, it is on the state balance sheet as a current or potential source of centralized water supply, then drill a well and extract water from it can not.

Prior to the amendment of the law was enough to get a conclusion that water is extracted from the first aquifer (a priori it was thought that it - not a source of centralized water supply). The new edition of the first aquifer is not mentioned.

Alexey_KAN He believes that to protect themselves in the future of unpleasant moments with regulators owner site may help the following steps:

• Please contact your local Ministry of Natural Resources and to try to obtain information about the presence of a source of centralized water supply in your area. But sometimes this information is classified, and even more specific officials simply incompetent, they may not be the information.
• Apply to the territorial office of Rosnedra (a federal licensing authority) and have concluded that in the depths of your site under no minerals. This conclusion is formally issued on the site of the forthcoming development. Here too there is a "but": the well device to the building and can not be attributed; and most importantly - the conclusion is likely to give only to the federal Minerals and regional can not give.

Alexey_KAN

But if you get the conclusion that the reserves of fresh groundwater at the site of the forthcoming development is not, this should protect you from any inspection.

• It applies to the geological information Territorial Fund in your area and ask for a certificate of presence or absence of groundwater resources under the land.

In some cases, under the pressure of circumstances, the Ministry of Natural Resources provides the owner site license for use of artesian wells (when other options simply water not). But then you have to get around a number of limitations. To obtain a license, the site owner must:

• Provide proof of land ownership (or lease agreement).
• Order from the experts calculate water consumption, align it to the appropriate authority (in the Moscow region this department Water in the Moscow region Moscow-Oka Basin Water Directorate of the Federal Agency for Water resources).
• Obtain the opinion of Rospotrebnadzor that the plot is suitable for the organization of the sanitary zone. This point seems almost impossible: on the requirements of SanPiN 2.1.4.1110-02 sanitary protection zones should be - 60x60 m.
• Obtain the opinion of the design of an artesian well (in the Moscow region - in the territorial center of the state monitoring of the state of the bowels of the FSUE "Geocenter-Moscow").

Rospotrebnadzor is to check the quality of water in the artesian well, and then it should be put on gosuchet, build sanitary protection zone and make the state geological examination.

The process, quite frankly is not easy, not fast, not cheap.

plotter

Member FORUMHOUSE

It turns out that the resolution on the artesian well, provided that this horizon is fed any village or city, get physics is simply impossible. So as always, boring and no one to show. Or say that the sand.

Denis1235

Member FORUMHOUSE

In short, we bury well head, adapter and put downhole say that we carry bottled water from the key.

Boring and no show - it is also a very bad idea, although the site owners often do just that.

Alexey_KAN

With regard to the views of some participants in the forum that, they say, "no one will know and no checks and burite on health", I hasten to disappoint you and to warn. Subject to review in the case of drilling individual wells on their own memory is not unlicensed extraction of groundwater (Natural persons licensed by law generally can not be issued) and compliance with environmental, water, sanitation legislation.

And it is designed to protect groundwater, to ensure their efficient use and to prevent pollution and depletion (as extracting water from artesian horizon portion owner:

• It does not provide requirements for protection of drinking water sources;
• pollutes the entire source through its intake.

Alexey_KAN

If you drill a hole of 80 meters, caused the fall of the water level in the nearby water intake that supplies the whole village, theoretically, you can come.

Basil Gutsev

Responsibility provided hours. 1 tbsp. 7.3. Code of Administrative Offenses: Subsoil use without a license for subsoil use, except in cases provided for in Article 7.5 of the Code, the administrative penalty shall entail imposition on citizens in the amount of three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; for legal entities - from eight hundred thousand to one million rubles.

In addition, at the suit of the environmental prosecutor's office can be well abandonment.

Output

How did get clean drinking water and do not break the law? The best way out - to unite.

Natural person under the Law on Subsoil Licensing is not provided, but the issue of the license non-profit citizens' association does not contradict either the law or the Civil Code. Horticultural and gardening associations, associations of owners of real estate in which the acute problems of the centralized water supply, will be able to get it.

To obtain a license is sufficient clearance of several property owners association.

On FORUMHOUSE you learn how to self Abyssinian do well in difficult situations, get acquainted with the most complete information about the drilling and completion of wells and wells. Read our article on how to centralize water cottage And How  clean water from iron. Watch a video on how organize water at their summer cottage.

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