37
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
I
SSUE
05
Pages:
37-42
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
This article discusses the concept of the right of farms to use water resources, its specific features and the formation
of its legal nature.
KEYWORDS
Farm, water resources, water intake limits, water basin, dehkan farm, water consumers, water users.
INTRODUCTION
In the first years before and after independence, the
agricultural sector was the main source of income for
the population. Despite the growing population, the
total water supply in Uzbekistan has shrunk by more
than 20 percent. The reduction of water resources, in
turn, has affected agriculture in our country.
Water plays a special role in the system of natural
resources. In accordance with the Constitution of the
Republic of Uzbekistan (Article 55) and the Law "On
Water and Water Use" (Article 3), water is the state
property of the Republic of Uzbekistan, it is necessary
to use water wisely and it is protected by the state.
Research Article
LEGAL NATURE OF THE RIGHT OF FARMS TO USE WATER
RESOURCES
Submission Date:
May 10, 2022,
Accepted Date:
May 20, 2022,
Published Date:
May 30, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue05-07
Zoir Shofiev
Tashkent State Legal Independent researcher of the University, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
38
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
37-42
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
The main goal of water resources management in
agriculture is targeted, efficient and rational use of
water, elimination of water waste and increasing the
efficiency of water use. 91% of the total water
consumed in the country is agriculture. The
development of this sector is directly related to the
improvement of reclamation of agricultural lands,
construction, reconstruction and repair of irrigation
networks, maintenance of working conditions and
other agricultural measures, increasing crop yields and
water supply.
The use of natural resources, including water, is a social
phenomenon, in the process of which social relations
related to the use of natural objects and resources are
formed. In the scientific literature, the term "use of
natural resources" often means "the use of natural
resources, their involvement in economic activities,
including all forms of influencing them in the process
of economic and other activities."
The apparatus of certain theoretical concepts in
ecology and agricultural law in the nature, forms and
methods of water use has been formed.
In particular, N.F. Reimers writes that the use of water
is "the order, conditions and forms of use of water
resources: 1) the use of water bodies to meet any
needs of the population and the economy; 2) use of
water for economic and other purposes without its
separation from water bodies (hydroelectric power
station, water mill, etc.); 3) a set of all forms and types
of use of water bodies in the general system of nature
use ”.
According to NN Alibekova, “when we talk about the
use of water and the use of water resources, we see
only the relationship of water use in relation to the
water div. In other words, individuals and legal
entities using water meet their needs without
interacting with the water div when using water, and
when using water resources, they interact with the
water div in accordance with the procedure
established by the state.
Hence, since the use of water resources is available in
both cases, it will be possible to clarify the overall
economic efficiency of water when considering this
different situation in relation to the issue of efficiency.
"Especially if we look at the economic nature of this
issue, we need to work with a large div of
information on water resources."
According to N.F. Lazitskaya, "the use of water in the
broadest sense means the use of water bodies with or
without the allocation of water resources to meet the
needs of the population and the national economy."
In foreign practice, the concept of water use based on
an organizational-managerial approach is widespread,
according to which water use is a field of activity that
provides water resources management to meet the
water needs of the population and the economy;
management activities on rational use of water
resources and their protection from pollution, drying,
salinization; management of water use systems;
management of prevention and elimination of harmful
effects on water.
The right to use water implies the ability to carry out a
specific type of activity aimed at satisfying not only
personal but also public interests. Indeed, the use of
water is based on an understanding of the water div
as an important component of the environment. The
legal mechanism for the provision of water bodies for
use is also important due to the need for government
intervention in this area.
Rational use of natural water leads to human health,
maintaining ecological balance and saving water
39
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
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05
Pages:
37-42
SJIF
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(2020:
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)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
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METADATA
IF
–
7.659
Publisher:
The USA Journals
resources economically. Widespread introduction of
water-saving technologies in the conservation and
economy of natural waters, the widespread use of
automation and information and communication
technologies in the field, the construction and
reconstruction of land reclamation facilities should be
introduced.
The challenge of rational use of water resources is at
the heart of the concept of sustainable development.
In this context, as S.A. Mohammad points out, three
aspects of sustainable development can be identified:
a) the goal to be achieved;
ʙ
) a continuous process
aimed at the effective legal regulation of various
environmental issues; c) the concept of international
cooperation. The three pillars of sustainable
development are highlighted: social, economic and
environmental. Recently, some scholars have
highlighted its fourth aspect - spirituality. In this
context, the economic and environmental value of
water resources requires the use of legal forms of
water use. Thus, the legal regulation of water use
serves not only as an economic, but also as an indirect
means of solving the problem of ensuring the
protection of water bodies. The main purpose of legal
regulation of water use is to provide equal
opportunities for legal entities and individuals to
exercise their right to use water bodies. The order of
use ing water resources with the help of the right of
water using, purposes, types of use, conditions of
water protection, property rights to water, rights and
obligations of water users, guarantees of water use,
protection of the right to use water, protection of
water use rights, The issues of harassment will be
discussed. Thus, the right to use water in general can
be understood as a set of norms that establish the legal
order of use of water resources to meet the economic
and domestic needs of the population and citizens. The
right of farms to use water is one of their inalienable
rights and has existed since the establishment of the
farm. The right of farms to use water is one of the
foundations of the organization of farm activities. This
is because the limitation of the possibility of granting
the right to use water has a direct impact on the
effectiveness of its activities. It is not surprising that
Article 1 of the Law of the Republic of Uzbekistan "On
Water and Water Use" stipulates that one of the main
tasks of this Law is to protect the rights and legitimate
interests of farmers and dehkan farms in the field of
water use. It should be noted that in recent years, a
number of important steps have been taken in our
country to encourage the widespread use of modern
and cost-effective methods in the implementation of
the right to water. This is not the case, of course,
because water is a limited and most valuable resource
in nature, and its efficient, careful and rational use is a
topical and priority task. The right of farms to use
water is a way to meet their needs through the use of
natural resources. This is due to the fact that the land
plot is used as a natural resource, and water resources
are required for the farm to carry out its activities. Such
use can have a significant impact on the state of the
watershed. Therefore, the main task of the state is to
ensure environmentally friendly behavior and behavior
of farmers, increase the efficiency of water use and
reduce the impact on the water div. In this regard,
Article 15 of the Law of the Republic of Uzbekistan "On
Farms", adopted in a military edition on August 26,
2004, directly addresses the water consumption of
farms. According to it, water consumption of farms is
carried out in the order established on the basis of
water intake limits from water bodies established by
the associations of water consumers serving them. It is
worthwhile to briefly comment on the concepts of
“water use” and “water consumption”. In accordance
with the Law of the Republic of Uzbekistan No. RQ-240
of December 25, 2009, significant changes were made
in the legislation on water and other related sectors in
40
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
37-42
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
connection with the introduction of the institute of
"water consumption". According to it, water
consumption (water consumption) is the use of water
resources by legal entities and individuals to meet their
needs by receiving them from the water div in the
prescribed manner. (Article 21 of the Law on Water and
Water Use).
As we have seen, the main difference between water
consumption and its use is the separation of water
from a div of water (its physical disposal,
destruction). Water is mainly consumed on farms, as
the water from the basin is used to meet irrigation and
nutritional needs. Therefore, the legislator used the
concept of "water consumption of farms" in Article 15
of the Law of the Republic of Uzbekistan "On Farms".
However, it is known from the content of Article 10 of
this Law, as well as from the practice of law
enforcement, that farms may be established in the
direction related to the breeding of fur and other
animals, fish. In these cases, farms are not water
consumers, but water users. In this regard, it is
expedient to include in Article 15 of the Law of the
Republic of Uzbekistan "On Farms", along with "water
consumption of farms", the issue of "water use by
farms."
The specificity of the right of farms to use water is
reflected in its implementation through the association
of water consumers. As M. Kasimov noted,
“Organizations such as the Water Consumers
Association are one of the pre-existing structures in
world agricultural practice. The main purpose of such
associations is to meet the needs of water users
(farms) in a particular area for irrigation water in a
timely and fair manner.
It should be noted that water relations between the
Water Consumers Association and its members located
in the service area, as well as other agricultural and
water management bodies, as well as other legal
entities and individuals are regulated on a contractual
basis. According to Article 30 of the Law, the limits of
water intake for farms and other water consumers are
set by the water consumers' associations that serve
them.
Water consumption plans for agricultural needs are
also developed by water consumer associations and
submitted to irrigation system departments and
irrigation system basin departments for generalization.
Water supply of land plots is carried out in accordance
with the procedure established by water consumers'
associations on the basis of water consumption
agreements. A farm that is a water consumer becomes
a member of the association, receives water to irrigate
its fields on a contractual basis, and pays the
association membership fee (or water supply costs).
In short, "the right of farms to use (consume) water
means the use (consumption) of water resources by
farms to meet their needs without receiving water
from the water div or in the manner prescribed by
law."
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