Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 October 2017 [shall come
into force from 2 November 2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima 1 has adopted and
the President has proclaimed the following Law:
Law on Water Management
Services
Chapter I
General Provisions
Section 1. Terms Used in This
Law
The following terms are used in this Law:
1) by-user - a person who uses a water supply system
present in the ownership or possession of the water management
service user for water receipt or a sewerage system for
wastewater discharge;
2) centralised collecting system - an aggregate of
external sewerage networks and structures in the ownership,
possession or holding of the water management service provider
which ensures collection of wastewater from water management
service users, treatment thereof and discharge into the
environment, including surface water objects;
3) centralised water supply system - an aggregate of
external water main networks and structures in the ownership,
possession or holding of the water management service provider
which ensures extraction, preparation and supply of water to a
water management service users;
4) pipe entry or exit - a part of water management
system present in the ownership or possession a water management
service user which ensures a water management service user with
water supply from a centralised water supply system or wastewater
discharge to a centralised collecting system;
5) decentralised sewerage services - collection of
public wastewater from separate decentralised sewerage systems or
wastewater containers, transport thereof and discharge in a
centralised collecting system at specially established wastewater
collection points;
6) a commercial meter - a meter of water quantity or
wastewater quantity present in the ownership of a water
management service provider which is installed at the junction
point of a commercial meter and is used for performance of
payments for the provided water management services;
7) a junction point of a commercial meter - a part of
the water management system present in the ownership or
possession of a water management service user (a system of
pipelines, shutting-off devices and other pipe fittings) which is
intended for the installation of a commercial meter and is
constructed at the proprietary border or - in the cases laid down
in the laws and regulations - outside proprietary border;
8) proprietary border - a border between centralised
water supply and collecting systems present in the ownership,
possession or holding of a water management service provider and
water supply and collecting systems present in the ownership or
possession of a water management service user (in joint ownership
of the apartment owners);
9) public water management services - services for
abstraction, accumulation of water and preparation for the use
thereof up to supply in the centralised water main network, water
supply services from the supply point in the centralised water
main network up to the proprietary border, and also collection of
wastewater in centralised collecting systems from the proprietary
border and discharge up to wastewater treatment facilities,
wastewater treatment and discharge in the environment, including
in the surface water bodies, except rainwater collection in the
rain sewerage systems;
10) water management services - public water management
services, decentralised sewerage services, services for the
collection and discharge of rainwater, including in the
centralised collecting systems;
11) water management service user (hereinafter - the
service user) - owner of the immovable property (in apartment
property house - all owners of apartments) or a possessor who
receives water management services of certain type on the basis
of the service agreement entered into;
12) water management service provider (hereinafte - the
service provider) - a person (merchant or institution), which
provides water management services of certain type in the
territory of service provision.
Section 2. Purpose of this Law
The purpose of this Law is to facilitate availability of water
management services which are qualitative and conforming to the
environmental requirements in order to ensure service users with
continuous and safe services balancing the interests of
environmental protection, sustainable use of natural resources
and socio-economic interests.
Section 3. The Scope of the
Application of this Law
This Law determines:
1) the competence of public authorities in provision of
availability of the water management services;
2) general requirements and procedures for the provision and
use of the water management services;
3) rights and obligations of a service provider and service
user.
Chapter II
Competence of Public Authorities in Provision of Availability of
the Water Management Services
Section 4. Competence of the
Cabinet
The Cabinet shall determine:
1) procedures for providing, using and terminating to provide
public water management services;
2) procedures for connecting an immovable property to a
centralised water supply or centralised collecting system,
including requirements in respect to the place of the commercial
meter junction point and cases when building of a commercial
meter junction point outside the proprietary border is
permissible;
3) procedures for accounting of public water management
services provided by a service provider and procedures for
payment of received services;
4) procedures for calculating compensation for infringements
of the regulations for the use of public water management
services, and also the conditions for reviewing the amount of the
calculated compensation in cases where the service user installs
or reconstructs a wastewater pre-treatment installation;
5) procedures for calculating and disbursing a compensation to
a land owner regarding limitation of the rights of use of the
immovable property;
6) requirements for the wastewater management in decentralised
sewerage systems and procedures for registration of such
systems.
[12 October 2017]
Section 5. Competences of the Public
Utilities Commission
(1) The Public Utilities Commission (hereinafter - the
Regulator) shall regulate public water management services
provided by a merchant in accordance with this Law and the law On
Regulators of Public Utilities in all types of public water
management services, if the amount of public water management
services provided by the merchant exceeds 100 000 cubic meters
per year in at least one type (hereinafter - the regulated
merchant).
(2) The Regulator shall register regulated merchants in the
register of public water management service providers. The
regulated merchant may provide public water management services
if it has entered into an agreement on provision of public water
management services with a local government and it is registered
in the register of public water management service providers. The
regulated merchant may terminate provision of public water
management services if it has sent a notification to the
Regulator in accordance with the procedures laid down by the
Regulator regarding termination of operations and has been
excluded from the register of public water management service
providers.
(3) The Regulator in accordance with the law On Regulators of
Public Utilities shall:
1) determine regulations for a general permit for provision of
public water management services which are binding on the
regulated merchant;
2) establish and maintain the register of public water
management service providers and ensure public accessibility
thereof;
3) determine tariffs for public water management service
provided by the regulated merchant.
Section 6. Competence of a Local
Government
(1) A local government shall organise provision of water
management services in the administrative territory thereof. The
local government council shall determine a local government
institution which provides public water management services and
other water management services of certain type in the
administrative territory of the local government, or shall
authorise a merchant to provide public water management services
by entering into an agreement with him or her on provision of
public water management services in the entire administrative
territory of the local government or in the part thereof.
(2) A local government council shall determine a fee for water
management services which are provided by the local government
institution. The local government council shall determine a fee
for public water management services provided by a merchant, if
the amount of public water management services provided by the
merchant does not exceed 100 000 cubic meters per year in each
type. By determining fee for public water management services,
the local government shall apply the basic principles for
regulating of public services laid down in the law On Regulators
of Public Utilities.
(3) In order to ensure environmental protection and
sustainable use of natural resources, a local government council,
having evaluated economic substantiation for installation of a
centralised water supply system and centralised collecting
system, shall determine the following in the territorial planning
in accordance with the laws and regulations regarding territory
development planning:
1) construction territories where centralised water supply
systems and centralised collecting systems are to be
established;
2) construction regulations in territories where centralised
water supply systems and centralised collecting systems are to be
established.
(4) A local government council shall issue binding regulations
which provide for:
1) procedures for connecting water supply networks or sewerage
networks and structures to a centralised water supply system or
centralised collecting system;
2) the requirements for exploitation, use and protection of a
centralised water supply system and centralised collecting
system;
3) provisions to be included in an agreement on public water
management service, and also provisions for entering into it,
amending and termination thereof;
4) procedures for use of public standposts;
5) procedures for provision and accounting of decentralised
sewerage services.
(5) A local government council may intend in binding
regulations administrative liability regarding infringement of
the binding regulations abovementioned in Paragraph four, Clauses
1, 2, 4 and 5 of this Section.
(6) A local government council may issue the binding
regulations regarding co-financing of connection of the immovable
property to centralised water supply system or centralised
collecting system, by determining the amount of co-financing and
conditions for receipt thereof.
(7) A local government council is entitled to issue the
binding regulations regarding rainwater management in the
administrative territory of the local government.
Chapter III
General Requirements and Procedures for Provision and Use of
Water Management Services
Section 7. Provisions of Agreement
on Provision of Public Water Management Services
A local government council shall determine at least the
following in an agreement on provision of public water management
services:
1) public water management services to be provided, the
territory and time period for provision thereof;
2) requirements for maintenance and renovation of the required
technical equipment in order to ensure provision of services in
accordance with the requirements defined for a particular
service;
3) procedures for performance of payment for expenditure
incurred for a service provider in relation to ensuring of water
in public standposts, fountains, fire-fighting hydrants, and also
in connection with other tasks assigned by a local
government.
Section 8. General Provisions for
the Provision of Services
(1) Water management services shall be provided to a service
user in accordance with a service agreement which is entered into
between a service provider and a service user on receipt of water
management services of certain type. Provision and use of water
management services without entering into a service agreement are
prohibited.
(2) For apartment owners and joint owners of a jointly owned
residential house water management services shall be provided and
payments for the received water management services shall be
carried out in accordance with a service agreement which has been
entered into in conformity with the Civil Law, Law on Residential
Properties, Law on Administration of Residential Houses, law On
Privatisation of State and Local Government Residential Houses
and provisions of other laws and regulations.
(3) A public water management service provider shall be
responsible regarding a centralised water management system or
centralised collecting system and technical condition thereof up
to the proprietary border. If a water management service provider
and service user has agreed on other division of responsibility,
then services related thereto shall not be regarded as public
water management services.
Section 9. Rights and Obligations of
a Service Provider
(1) In conformity with the type of water management service
provided a service provider has the following obligations:
1) to ensure exploitation and maintenance of a centralised
water management system or centralised collecting system up to
the proprietary border in order to provide continuous water
management services to service users;
2) to ensure abstraction of water, preparation and supply
thereof in conformity with the laws and regulations regarding
mandatory drinking water harmlessness requirements;
3) to ensure collection of wastewater and discharge thereof up
to treatment facilities or wastewater treatment in conformity
with the environmental protection requirements laid down in the
laws and regulations;
4) to use and develop efficient, economic and safe
technologies in provision of services in order to ensure
environmental protection and sustainable use of natural
resources;
5) to ensure installation or change of commercial meters at
its own expense and to carry out accounting of provided
services;
6) to ensure that connections to a centralised water supply
system or centralised collecting system planned in the water
management project financed by the European Union funds, State
budget, local governments and other public financing sources are
established in conformity with the plan for ensuring of
connections provided for in the project;
7) to store information regarding proprietary borders, to
prepare and issue a scheme of proprietary borders of water
management system or collecting system to a service user upon
request of the service user.
(2) In conformity with the type of water management service
provided a service provider has the following rights:
1) at any time of the day to access a centralised water
management system or centralised collecting system which is
located in the territory of the immovable property of other legal
or natural persons, or, by notifying an owner or possessor of the
immovable property in writing at least two weeks before, to carry
out technical maintenance and repair of the relevant system;
2) without any prior warning to reduce or interrupt temporary
water supply and wastewater discharge for separate service users,
if electricity supply is interrupted for water management
structures or water supply is increased from a centralised water
supply system for fire extinguishing, and also during natural
disasters or accidents;
3) to allow to connect a pipe entry or exit to networks of a
service user after a junction point of a commercial meter,
including by crossing the immovable property of other owner in
accordance with the procedures laid down by a local government,
if connecting has been co-ordinated with a service user and land
owner in writing and it does not worsen the provision of water
management services for other service users, and also a deed on
borders of network servicing has been drawn up;
4) at its own or other person's resources to construct a pipe
entry or exit in order to add an immovable property to a
centralised water management system or centralised collecting
system, by entering into the relevant agreement with the owner or
possessor of the immovable property, where the parties agree on
the procedures and time periods for purchase of the constructed
pipe entry or exit;
5) at the resources of the owner or possessor of the immovable
property, by entering into the relevant agreement, to construct
centralised water management networks or centralised sewerage
networks in order to ensure availability of public water
management services;
6) to calculate and collect compensation laid down in
accordance with Section 4, Clause 4 of this Law;
7) to use financial resources at his or her disposal for
construction of a junction point of a commercial meter, by
including expenditures in the invoice of a service user, if the
service user fails to ensure the construction of a junction point
of commercial meter for installation of a commercial meter within
the time period laid down in this Law;
8) to agree with other service provider regarding fee for
provision of public water management service which does not
exceed the tariff laid down by the Regulator, if the regulated
merchant provides services in water abstraction, accumulation,
preparation for use and supply, services in wastewater
collection, treatment and discharge to other service
provider.
Section 10. Rights and Obligations
of a Service User
(1) In conformity with the type of water management service
received a service user has the following obligations:
1) to ensure construction of a junction point of a commercial
meter for installation or change of a commercial meter;
2) to ensure easy access to a junction point of a commercial
meter in order to carry out technically required operations with
the commercial meter , and also to protect the junction point of
a commercial meter and the commercial meter from damages;
3) to store permanently all technical documentation of water
main and collecting systems constructed in the territory of his
or her immovable territory or present in his or her property
which must be at the disposal of the service user in conformity
with the requirements of the laws and regulations;
4) to supervise technical condition of a water supply system
and collecting system in his or her property or possession up to
the proprietary border and to rectify immediately any damage, if
a service provider and service user have not agreed regarding
other division of responsibility in respect of servicing of the
water supply or collecting system of the service user;
5) without co-ordination with a service provider, not to carry
out such operations which encumber receipt of water supply and
sewerage services for other service user;
6) to settle accounts with a service provider regarding
services provided by him or her;
7) to enter into agreement with a by-user regarding the use of
water supply systems or collecting systems present in his or her
property or possession, by determining the price for services for
a by-user with a markup which does not exceed 10 per cent from
the tariff laid down by the Regulator or the fee laid down by a
local government regarding the relevant service, if a water
supply system or collecting system has a by-user;
8) to inform a service provider regarding interruption of
water supply to a by-user, if he or she refuses to enter into the
agreement abovementioned in Clause 7 of this Paragraph or
infringes the provisions of the entered into agreement to such
extent that it may lead to interruption of the services to be
provided for a service user.
(2) A service user has the right to receive and use water
management services in accordance with the requirements of the
laws and regulations.
Chapter IV
Restrictions for the Right of Use of Immovable Property
Section 11. Co-ordination of
Restrictions for the Right of Use
(1) A service provider has the right to use any land against
remuneration which is laid down for its owner in accordance with
Section 4, Clause 5 of this Law, if:
1) the land is used for the installation of a centralised
water supply or centralised collecting system or part thereof
(hereinafter - the water management object);
2) the water management object and land area covered by the
object become larger when the reconstruction is carried out.
(2) A service provider has an obligation to co-ordinate the
provisions for the installation of the water management object
with an owner of the immovable property and to warn the
abovementioned owner regarding installation or enlargement of the
water management object at least 30 days before commencement of
works.
(3) A service provider has the right to replace the
co-ordination procedure abovementioned in Paragraph two of this
Section with informing a land owner, if at least one of the
following conditions has set in:
1) the installation of the water management object is provided
for in the local government's spatial plan, detailed plan or
local plan;
2) the water management object is installed within borders of
red lines laid down in the Protection Zone Law, publicly used
streets or within the borders of such road for which red lines
have not been determined or within the borders of protection zone
along water main or sewerage networks;
3) the water management object is installed within the
protection zone along water main or sewerage networks and after
installation thereof the width of the protection zone increases
by no more than 10 per cent, taking into account that in
accordance with the procedures laid down in this Paragraph the
protection zone may be increased no more than once.
Section 12. Duties and Rights of an
Owner of Immovable Property
An owner of the immovable property in the territory of the
property of which the water management object is located:
1) shall not carry out such activities without co-ordination
with a service provider which disturb receipt of water supply or
sewerage services for a service user or by-user or may reduce
technical condition of the water management object;
2) shall not carry out activities which may disturb a service
provider in exploitation, reconstruction or renovation of the
water management object;
3) by co-ordinating with a service provider, may carry out
shift of the water management object at his or her own expense if
it is necessary for reconstruction or development.
Transitional Provisions
1. The Cabinet shall:
1) by 30 December 2015 the Cabinet shall issue the regulations
abovementioned in Section 4, Clauses 1, 2, 3 and 4 of this
Law;
2) by 30 December 2016 the Cabinet shall issue the regulations
abovementioned in Section 4, Clauses 5 and 6 of this Law.
2. Local governments shall evaluate the conformity of existing
binding regulations with the requirements of this Law and no
later than by 1 March 2017 issue the binding regulations
abovementioned in Section 6, Paragraph four of this Law.
3. Service agreements on provision of public water management
services entered into by the day of coming into force of this Law
shall be in effect until the end of the time periods laid down in
the agreements and the provisions of the agreement on public
water management service abovementioned in Section 6, Paragraph
four, Clause 3 of this Law shall be applicable to them.
4. If a junction point of a commercial meter is not
constructed in the water management system of a service user, a
service user shall ensure construction thereof for installation
of a commercial meter no later than within four years after the
coming into force of this Law. A service provider shall ensure
installation of a new commercial meter as soon as the
verification period has expired for the commercial meter
installed previously.
5. A service user and by-user have an obligation to enter into
an agreement on water supply or wastewater discharge no later
than within three months after coming into force of this Law, if
such agreement has not been entered into in the day of coming
into force of this Law. If a service user and by-user cannot
agree on provisions of the agreement, the provisions of agreement
on public water management service abovementioned in Section 6,
Paragraph four, Clause 3 of this Law shall be applied to the
relations of the user and by-user.
6. Section 11, Paragraph one of this Law shall come into force
on 1 January 2017.
This Law shall come into force on 1 January 2016.
This Law was adopted by the Saeima on 18 June 2015.
President A. Bērziņš
Riga, 2 July 2015
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)
