Well license for individuals: where and how to obtain

Since the beginning of 2015, the Law of the Russian Federation "On Subsoil" has introduced significant changes relating to the registration and obtaining a license for the use of mineral resources in the extraction of water. From the same moment the so-called water amnesty was announced until September 1, 2016, during which it was required to properly issue wells that fall under Article 19 of the above-mentioned Law.

If it is more or less clear with the licensing rules for this type of activity for legal entities, then the citizens who have a well on a home or cottage site, the procedure for obtaining a license raises many questions. Let's try to figure out in which cases licensing is necessary, and when to use groundwater is allowed without documenting? What documents will be required and where to get a license for a well with drinking water?

Well on the site: Do you always need a license?

The new edition of the Law "On Subsoil", in contrast to the previous text of the law, strictly establishes the conditions under which obtaining a license for a fixed form for the extraction of water from an underground source is mandatory. As early as January 2015, the announcement of new rules for well construction and sanctions provided for violation of subsoil legislation caused a certain stir among private individuals who own a source of groundwater in a residential or suburban area. It was connected in most cases with the rather high cost of the licensing procedure and the stringent mandatory requirements for operating the well, which are practically impossible in the usual summer-resort area. In other words, dacha owners and owners of private farmhouses feared simply to stay without a source of water on their land.

Clarity was clarified by the Ministry of Ecology and Nature Management of the capital region, published in several editions. The new operating conditions for such a natural resource as groundwater, according to the licensee's head, concern entrepreneurs and organizations that extract water for commercial purposes, and a license for a water well in a country or rural home is not required.

But not everything is so simple. Article 19 clearly defines the conditions under which a well or well can be drilled without going through the process of licensing and recording the source of water. If there is a discrepancy for at least one of these factors, a license for a well for individuals must be obtained without fail.

Under what conditions of water extraction is the license not needed?

So, what, according to the amendments to the Law on Subsoil, should there be a well (well) on the site so that the owner does not need a license for the well?

• The water extracted from the well is intended exclusively for the needs of the owner of the source of water and is not used for any commercial purposes. In practice, this condition establishes mandatory licensing not only for private entrepreneurs or horticultural partnerships, but also for a personal well, which is used free of charge by the neighbors of the owner.
• The daily volume of the resource, that is, the groundwater extracted from the well, should not exceed 100 m³.
• Well is arranged at the level of the first aquifer. Here it is required to explain that we are talking about the so-called groundwaters, whose natural deposits are at a depth of 5 meters from the earth's surface.
• The source from which water is extracted is not a source of centralized water supply and is not on the balance sheet of the state. An organization that can provide information about sources located on the state. Account - Department of the geological information fund, to which the land parcel belongs territorially. To obtain this information, the owner of the site will need to submit an application and pay the cost of the service.

Artesian water

The purity, taste and useful properties of this artesian water can not be overestimated. However, it is also necessary to extract this most valuable resource, taking into account amendments to the law. What is the difference between the production of this category of groundwater and whether a license is required for an artesian well built on a private plot for the owner's personal needs?

Artesian is called the aquifer, which lies much lower than the first "sandy" horizon, at a depth of 20 to 200 m between the layers of limestone rocks. The license for a well for water from an artesian source, even intended for personal use, is a mandatory requirement of the law. Moreover, all "limestone" water deposits are necessarily taken on the balance of the state. For this reason, before you start drilling in "state" limestone soils, you should learn how to obtain a license for a well and a permit for using artesian water.

Features of licensing a well for personal use of individuals

Regardless of whether a license for a well of artesian water or a source of water belonging to an individual is needed, it is required to officially register for another reason, the entire licensing process will have to go through the same conditions as a large legal entity. The situation is complicated by the fact that there is still no effective and fast licensing procedure for individuals. For this reason, a well license for individuals is "long and expensive". The entire process, from obtaining a license to cadastral registration, can last for more than one month. The cost of the license for the well, taking into account all the works to bring the territory in line with the requirements of sanitary security and the costs of collecting and processing the package of documents, now varies from half a million to one million rubles.

Significantly facilitate and accelerate the process of issuing permits, you can refer to companies that professionally specialize in obtaining licenses. Similar organizations operate practically in any region and, after the conclusion of the contract, the owner of the site will be relieved of the tedious "walking around the cabinets". The only drawback of contacting an intermediary, perhaps, is that the cost of a license for a well will cost even more - the services of "assistants" will also cost a lot.

Responsibility for subsoil use without a license

The most powerful argument in favor of obtaining a license in a lawful manner is the responsibility that an individual who has drilled an artesian well or other source that falls under the requirements for obtaining a license will have to suffer. The absence of a license for a well entails the imposition of a fine on the owner of the site, the amount of which for an individual may amount to 3000 to 5000 rubles (Article 7.3 of the Administrative Code of the Russian Federation). Based on the results of checking the documents and operating conditions of the water source, the inspector who discovered this violation will issue an order, a document that indicates all violations of groundwater production, as well as the time frame in which they should be eliminated. Failure to comply with the order or execution in violation of the time limits established by the document will lead to penalties. In the future, a decision may be made to eliminate the well by tamponing.

Separately, in the same article of the Code of Administrative Offenses of the Russian Federation, liability is defined for private traders who have a valid license but who violate licensed operating conditions: a fine of 2,000 to 3,000 rubles.

Where to go to get a license

The owner of a private site planning to drill a well that falls under the requirements of a licensing law or register an existing well should begin by obtaining a license for the right to use subsoil with the indication of the destination: "For the production of groundwater." Where to get a license for a well? The issuance of such a document should be addressed to the licensing department of the Territorial Department of the state body (Department, Ministry of the Region or others), which is responsible for the development of subsoil resources in the region.

Package of documents for obtaining a license

For the individual who needs a license for the well, the following package of documents is installed:

• Application (application) for the issuance of a license.
• Passport data.
• The certificate confirming the ownership of the land (or the right of lease, the right to use and so on).
• Plans of the site (situational and general).
• The cadastral plan.
• Certificate of INN.
• Bank details.
• ZCO projects and well drilling

On the last documents it is worth dwelling in more detail.

Calculation of daily intake

The first step before submitting documents to the licensing department will be the calculation of the daily consumption of water extracted from the well.

You can do it yourself, summarizing the approximate water consumption per day by all who will subsequently regularly use the water from the well or by contacting the company involved in the well design. For the most accurate information, it is necessary to recount all the water-consuming equipment, even what is planned to be connected after the construction of the well: plumbing, irrigation or watering systems and so on.

The received information is necessarily subject to coordination in the regional subdivision of the Ministry of Natural Resources (Ministry of Natural Resources and Ecology - MNRE). In the future, this document will be needed to create a project for the future source of water.

Project for drilling a well

This document, without having a special education, will not work out independently. To perform this work will have to conclude an agreement with the organization involved in the design (usually a few private companies operating in each region). After leaving the future well, the specialist of the project organization will prepare the project taking into account all the features of the relief and the nearest buildings. Completed well design will need to be approved in the Oblkomvod.

Draft sanitary protection zone : requirements for ZIS

Another project concerns the mandatory requirement of sanitary security to provide near the water source a sanitary protection zone (ZSO). Before obtaining a license for the well, it will be necessary to create a fenced sanitary zone near the water source (well), the radius of which is from 30 to 50 meters. In some cases, this figure may be reduced, but not more than 10 meters. Access to the fence should be limited to all but the site owner and maintenance workers of the water well equipment.

But the fenced territory should not contain any objects not related to the functioning of the well, including trees, poles, shrubs. Also, we should not forget about regular haircutting (mowing) of grass in ZSO. Pathways to the well and associated equipment must be hard-coated, for example, concrete, asphalt and the like.

To obtain a certificate on the availability of conditions for the organization of the DSO is needed at the local office of Rospotrebnadzor.

Issuance of license, validity period

From all of the above, it becomes clear that the creation of the necessary conditions and the formation of a package of documents for the licensing of the well is a rather difficult process. The documentation is reviewed within a period of up to two months, after which a decision is made to issue a license for the right to use subsoil, which is more simply referred to as a "license for a well", or an official refusal is granted.

Having received this document, it is possible to start the actual construction of the well. It is worth noting that the work on drilling artesian wells also requires a license - it should be in the organization that carries out such activities.

Important! The license for a private well has a validity period of 25 years, at the end of which it will be necessary to go through the whole procedure anew.

Well logging

The final stage of the official "acquisition" of the well at the site will be the registration and assignment of an individual number (IN). This happens in several stages:

• Specialists of the Department (Ministry) of subsoil use leave for geological expertise. With a positive conclusion, you can proceed to the next step.
• Erection of SSS according to the project.
• Taking samples of water by an invited specialist of Rospotrebnadzor. Based on the results of all examinations, the owner of the well will receive an opinion on the suitability of water for drinking or technical purposes.
• Registration of the well and assignment of the IN in the state water register.