Water Law (No. 107 of 1996).

Water is not just any commercial product, but is a natural heritage that must be protected, treated and defended as such, being a strategic resource for national safety and security. The conservation, protection and improvement of the aquatic environment, under the conditions of sustainable use of water resources, are based on the principles of precaution, prevention, avoidance of damage at source and the polluter pays and must take into account the vulnerability of aquatic ecosystems located in the Danube Delta and the Black Sea, because their balance is closely influenced by the quality of the inland waters flowing into them. Water resources, both surface and underground, are a natural monopoly of strategic interest. The establishment of the regime for the use of water resources, regardless of the type of ownership, is an exclusive right of the Government, exercised through the central public authority in the field of water. This Law provides the general framework for the exploitation of water resources and is divided into the following Chapters: General provisions (1); Waters and river beds' use regime (2); Water management (3); Inspection of water management activity (4); Water economic mechanism (5); Penalties (6); Transitory and final provisions (7). Annex 1 contains definitions of technical terms, "water resources" being defined as "all surface waters consisting of watercourses with their deltas, lakes, ponds, inland marine waters and the territorial sea, as well as groundwaters". Annex 2 stipulates the width of protected zones around natural lakes, reservoirs, etc.
The general objectives of the Law are: the conservation, development and protection of water resources as well as the ensuring of a free water flow; protection against pollution and modification of the characteristics of water resources, their banks, beds or basins; restoration of surface and groundwater quality; conservation and protection of aquatic ecosystems; ensuring drinking-water supply to the population and public sanitation; the complex valuation of waters as an economic resource, and the rational and balanced distribution of such a resource, along with the maintenance and amelioration of the quality and natural productivity of waters; prevention and control of floods; ensuring water requirements for agriculture, industry, power generation, transport, aquaculture, tourism, recreation, and nautical sports as well as any other human activities (art. 2). The public water domain is defined in article 3. The two main institutions responsible for the implementation of this Act are the Ministry of Waters, Forests and Environmental Protection which is responsible for national water strategy and policy, coordinating and monitoring the application of national and international laws, and the self-managed public company "Romanian Waters" and its river basin branches.
The right to use surface or groundwaters is subject to licence and includes the right to discharge waste waters or to extract minerals. The population's water requirements take precedence over other uses. Article 11 states that aquaculture may only be exercised in accordance with water management permits, under natural conditions, no fish foddering or use of chemicals, and it cannot affect downstream waters. Romanian Waters may restrict or suspend water use in case of emergency. Article 15 prohibits the pollution of waters and calls for the elaboration of water quality standards. Article 16 lists prohibited activities causing water pollution. Articles 20-22 specify the requirements for the discharge of mine and other industrial waters, for skin tanning, wastes from ships, etc. The use of water resources for purposes other than leisure or recreation is subject to a water management licence. Obstructing watercourses with waterworks is an offence subject to sanctions (art. 26) and the cutting of trees or shrubs on land of major watercourse beds and seashore is forbidden without a management permit (art. 30). Article 31 contains provisions on forest protection and protection forests, e.g. water protection forests in which works for soil erosion control and torrent annihilation shall be carried out. The Ministry may lease parts of the water public domain for activities such as aquaculture, fishing, etc.
Water management shall be supported by a Water Management Database National Fund. Article 43 provides that Water management frame schemes shall be elaborated at the local level and shall include short-term development plans for works, installations and water management structures which shall be then integrated into land planning projects. Water management schemes shall take social and economic activities around river basins, as well as environmental protection into account. Basin Committees shall be established at each river basin branch of Romanian Waters and shall apply the national water management strategy, agree on frame schemes and other planning schemes, and propose local water quality and other standards, which may be stricter than national ones in certain cases.
Waterworks (arts. 48-64) are comprehensively defined and may be carried out only with a water management permit, for a fee, issued by the regional branches of the Ministry of Waters, Forests and Environmental Protection. Permits shall expire two years after the date of issue if the works did not start before. For works carried out in navigation waters, the consent of the Ministry of Transport is also necessary. Supporting documentation must include a study of the impact of such works on water resources and riparian areas. Licences may be withdrawn or temporarily suspended. Articles 67-76 provide for the prevention and control of floods, hazardous meteorological phenomena and hydraulic structures accidents. Public participation in the decision-making process is provided for in art. 77. Briefly, all decisions of the Ministry concerning the protection of surface and groundwaters and the ensuring of water supply, which affect the interest of water users, may be taken only after having consulted the latter. Relative administrative procedures are provided for.
A system of economic incentives shall be instituted with a view to the rational use of water resources, in particular, payments, allowances and penalties shall be applied to all water users and shall be run by Romanian Waters. For example, allowances shall be granted to those users who demonstrate a permanent concern for the rational use and protection of water resources. A special Water Fund shall be constituted out of licence and permit fees to finance investments in waterworks which significantly improve water supply and quality protection, as well as other objectives (Chap. 5).
The Water State Inspectorate, under the Ministry, is responsible for inspecting compliance with this Law (Chap. 4).
Flood risk management plans are reviewed and, if necessary, updated, in accordance with the methodological norms until December 22, 2021 and thereafter every 6 years. The right of temporary administration ends with the completion of the implementation period or, as the case may be, the completion of the project monitoring period.