Literally a month ago, I had a chance to talk with a neighbor on the site. At first we had a nice conversation, until it came to discussing water wells. A neighbor assured me that it is forbidden to drill any wells in my own area, as this is against the law. He referred to the Law "On Subsoil", which supposedly everything is spelled out.
At that time, I did not have weighty evidence, so I decided to turn the conversation into another direction.
But the unpleasant aftertaste still remained. I wanted to know if my neighbor was right. I discovered the law "On Subsoil", but it didn’t give me anything. Everything is so confusingly written there that I figured it out for a long time. Therefore, I was not able to draw conclusions right away, I had to "sweat" and additionally study other regulatory documents.
The law says that the owner of a land plot can erect underground structures on private territory if they do not exceed 5 meters in depth. It turns out that if you decide to dig a well deeper than 5 meters, then you are breaking the law. Anything below this depth is not private property.
A well is an underground structure. Have you ever seen a well, 3-4 meters deep? I think no. So it turns out that it is unrealistic to dig a deep well without breaking the law. What is the penalty for this violation?
This information is also available in the Subsoil Law. According to Article 49, the owner of the site will have to incur both administrative and criminal liability for a well that is too deep. That is, he will be obliged to eliminate the violation, as well as pay a fine for causing harm to nature.
I was very hooked on this topic, and therefore I decided to check the information on the Civil Code. According to this document, the owner of the site owns the entire surface layer, which is included in the area of the private territory. He can use this layer as he wants, only if it does not contradict the Law on Subsoil. The Civil Code loses in comparison with this law.
It turns out that any well on the site will be illegal.
But then I came across amendments that came into force on January 1, 2019. They state that land owners can use water that has been extracted from the upper layer. It is unlikely to be used for industrial purposes, and it is not suitable for a water supply system either. The state owns those waters that are extracted from deeper layers.
To equip an artesian well at the site, you need to have an appropriate license. On his own site, a person can dig a well, which does not exceed the 2nd sand layer in depth.
Let's summarize. What can owners of land plots do on a private territory:
1. Enjoy all the benefits (water and minerals) for personal needs.
2. To extract no more than 100 cubic meters of groundwater per day.
3. Do not dig holes deeper than 30 meters.
In the end, I nevertheless concluded that it is possible to make wells and wells on our own territory. But at the same time, all conditions and tolerances must be observed. If any of the standards is violated, the owner of the site will be punished.
In this case, it is better to double-check everything 100 times than to pay an impressive fine and bury the well later.
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