I try to maintain good relations with the neighbors on the site, and therefore I regularly communicate with them. Recently we talked with a neighbor, and our conversation smoothly turned to the topic of water wells.
The neighbor said that the law strictly prohibits drilling any wells on the site. He cited the law "On Subsoil" as an example and solemnly announced that it was in it that all this was written.
Unfortunately, at the time of the conversation, I had no significant refutation of his correctness. Therefore, we smoothly translated the topic, but the thought that the neighbor was wrong did not leave me.
Naturally, I decided to find out how true the neighbor's statements are. I have read the law "On Subsoil", but I haven’t come to a single conclusion. Everything in it is presented in such an illogical and confusing way that I had to figure it out for a long time.
In order to get to the bottom of the truth, I studied other standards.
The Subsoil Law states that the owner of a plot of land has the right to build structures underground on their own territory if their depth does not exceed 5 meters.
That is, if the well is more than 5 meters, then it is already illegal. Any resources deeper than this standard do not belong to the owner of the site.
The well is one of the underground structures. But there are no 3-meter wells! It turns out that if you want to dig a normal well on the site, then in any case you break the law. And if there is a violation, then a punishment should be imposed for it!
Information on the punishment is contained in the same law "On Subsoil". It says that administrative and criminal liability will be imposed on the owner of the site who violated the law. Not only will he have to bury a well, but also the state treasury will need to be replenished, i.e. pay the fine.
I could not ignore this topic, and therefore decided to look also at the Civil Code. It states that the owner of the site owns the entire surface layer of the land and can use it at his own discretion and desire. But, again, he must not violate the Law on Subsoil. It turns out that the Civil Code only confirms and strengthens this law.
So it turns out that it is impossible to dig a legal well.
However, I caught sight of the edits that came into force on 1.01.2019. According to them, the owner of the site can use the water extracted from the upper layers of the earth. Such water is not suitable for industrial purposes, it will not be allowed into the central sewerage system. Therefore, the state does not encroach on it. He owns only the waters extracted from deep layers.
To dig an artesian well, you must obtain a license. The site owner can dig a well on his land no deeper than a second sand layer.
What conclusion can be reached, summing up all of the above:
- 1. Site owners can use the water and minerals extracted from their land for their own purposes.
- 2. Only 100 cubic meters of water can be produced per day.
- 3. The well on the site should not be deeper than 30 meters.
It turns out that it is still possible to equip a well on the site, you just need to take into account all the tolerances and standards. Otherwise, the owner of the site will pay a fine and be forced to backfill the well.
I hope that the information provided in this article will be useful to you!
Thank you for reading the article to the end! I would be grateful for your like 👍 andsubscribing to the channel.