Legal Aspects regarding Waters Administration, Use and Management in Romania

By Tiganescu, Ana-Maria | Contemporary Readings in Law and Social Justice, July 1, 2012 | Go to article overview

Legal Aspects regarding Waters Administration, Use and Management in Romania


Tiganescu, Ana-Maria, Contemporary Readings in Law and Social Justice


ABSTRACT.

The main "enemies" of water are the lack or insufficiency of works necessary for the rational use of the entire water stock, and the pollution. In such a context, it is required, in each State, that waters administration use and management are done in compliance with legal provisions in the field and with great responsibility. This paper examines the waters administration, use and management in Romania following provisions of the framework law in the matter, Law 107 of 1996 as amended and supplemented.

Keywords: management, administration, efficient water use, quantitative management, qualitative management.

As a regenerating, vulnerable and limited natural resource, the water is indispensable to society, raw material for productive activities, energy source and route of transport, being a determining factor for maintaining the economic balance for life and for achieving all human activities.

Speaking generally, the largest amount of water existing in the world is in oceans and seas. Ice caps of the poles contain less than 2% of the total amount of water and rivers, lakes, underground water blades and the atmosphere barely 1%, a very small percentage that naturally represents the source of human water supply.

Over time, the water use has registered a continue intensification and diversification, passing from using water for drinking, satisfying hygiene requirements and other household needs and fishing, to navigation and irrigation, to its use in many technological processes. On the other hand, the explosive growth of population, the high degree of urbanization, as well as the emergence of a new industry consuming a large amount of water while producing adverse effects on water and the environment, in general, have led and increased the double phenomenon, known as "waters draining and pollution," a phenomenon that the world today is facing.1 The water supply is vital to feed the growing population of the globe, to produce material goods and to maintain the integrity of natural systems.

Since every year, the water consumption is increasing, according to a UN report; the water supply per person in the next 20 years will decrease to one third of the current level. This alarming situation requires a new approach to the use of freshwater resources available worldwide.

The main "enemies" of water are the lack or insufficiency of works necessary for the rational use of the entire water stock, and the pollution. In such a context, it is required, in each State, that waters administration use and management are done in compliance with legal provisions in the field and with great responsibility.

Romania has a rich hydrographie network. Our country has permanent rivers, representing approximately 70% of the watercourses, perennial rivers (30%), natural lakes (many of them found in the Danube Delta), reservoirs, transitional waters and coastal waters.

The quantitative and qualitative management of water resources, the administration of national hydrographie basins and the water management works, as well as the application of the national strategy and policy, in compliance with national regulations in the field, are done by the "Romanian Waters" National Administration in the districts of basin, by water basin administrations subordinated to this administration.

Public waters are administered by the "Romanian Waters" National Administration. This institution was founded by reorganizing the "Romanian Waters" National Company and by taking over the activity of hydrology, hydrogeology and water management of the National Company, National Institute of Meteorology, Hydrology and Water Management S.A., by Government Emergency Ordinance no. 107 from September 5, 20022. But, regardless of the natural or legal person that administers them, the waters, banks and their riverbeds are subject to provisions of the waters Law3 and international conventions of which Romania is party. …

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