However, do all ponds have this status? Who determines which water object is of national importance? And last but not least, if lease agreements regarding such plots already exist in the municipality, what should be done about them?
Here is the summary of the key changes:
- All lands under water objects of national importance are state-owned;
- Land plots under such water objects are not the property of the municipality;
- The change of owner occurred automatically; no need for additional decisions of the local self-government bodies;
- These lands are managed by state authorities, i.e. oblast or district administrations.
Further, water bodies of national importance include:
- Rivers, lakes, reservoirs, canals (if they pass through several oblasts), as well as all their tributaries;
- Water objects of the National Nature Reserve Fund and therapeutic mineral water bodies.
As we can see, there are no ponds on this list. Consequently, municipalities lack a clear guideline: Does a specific pond fall under this rule?
Most ponds are artificial reservoirs created on small rivers or streams. They draw water from these watercourses and feed it back. Because of this, they are considered part of a larger water system. However, there is currently no official list of water objects of national importance. There is also no approved mechanism that would enable the accurate determination of whether a specific pond is of national importance.
In order to avoid legal risks in the future and ensure compliance with the effective laws, municipalities should follow these tips:
- Find out the status of the pond.
Any land plot located under a water object of national importance is automatically transferred to state ownership.
- Collect technical information about the pond (water supply sources, inflow and discharge, etc.).
- Identify the status.
Contact the State Agency of Water Resources of Ukraine with a request regarding a specific water object.
- Enter into new agreements once you have comprehensive information from various sources regarding the status of land plots under ponds.
As for the current agreements, here is what you should consider.
Lease agreements for land plots under ponds concluded prior to 8 November 2024 will not terminate automatically. However, when renewing or re-negotiating them, new rules should be taken into account:
- Land under water objects of national importance is already considered to be state-owned;
- The competent state authority must become a party to the agreement.
In summary, the lack of a list, criteria, and approved procedure for classifying ponds creates legal uncertainty. Municipalities are faced with difficult decisions without effective tools. The Law has defined a general principle but failed to provide a practical mechanism for its implementation. These legal relations require additional regulation.
The U-LEAD with Europe Programme continues to analyse the situation and will provide municipalities with guidance on further steps, including the following:
- Conduct an inventory of land plots under water objects within a municipality.
- Obtain hydrological information on the water supply sources and points of connectivity of these water objects.
- Inquire about the status of the water object from the State Agency of Water Resources of Ukraine.
- Collect comprehensive information (cadastral data, environmental protection status, etc.).
- Approach land re-registration or withdrawal with caution, as each case requires a balanced approach.
The article was prepared by Oleksandr Prydatko, Land Management Expert, for the U-LEAD with Europe Programme.
