water agencies
LexInter | January 31, 2003 | 0 Comments

WATER AGENCIES

Article L213-5
I. – In each basin or group of basins, a water agency, a public administrative establishment endowed with civil personality and financial autonomy, is responsible for facilitating the various actions of common interest to the basin or to the group of basins.
II. – Each agency is administered by a board of directors composed of:
1 ° A president appointed by decree;
2 ° Representatives of regions and local communities located in whole or in part in the basin;
3 ° User representatives;
4 ° Representatives of the State and, where applicable, qualified individuals;
5 ° A representative of the staff of the
III. – The categories referred to in 2 °, 3 ° and 4 ° of II have an equal number of seats.
Article L213-6
The agency contributes, in particular by means of aid funds to the State budget, to the execution of studies, research and works of common interest to the basins and to the coverage of its operating expenses.
The agency allocates subsidies and reimbursable advances to public and private persons for the execution of works of common interest to the basin or to the group of basins directly carried out by them, insofar as these works are likely to reduce the charges. the agency’s financial resources.
Article L213-7
A Council of State decree sets out the terms of application of Articles L. 213-5 to L. 213-6.
ENVIRONMENTAL CODE (Legislative Part)
Section 4: National Water Fund
Article L213-8
As stated in article 58 of the finance law for 2000 (law n ° 99-1172 of December 30, 1999) reproduced below:
“I. – The title of the special allocation account n ° 902-00 “National Fund for the Development of Water Supply”, created by Decree No. 54-982 of October 1, 1954, becomes “National Water Fund”.
This account has two sections:
The first section, called “National Fund for the Development of Water Supply”, traces the operations relating to the financing of water supplies in accordance with the provisions of Articles L. 2335-9 et seq. Of the general code of local authorities. The minister in charge of agriculture is the main authorizing officer of this section.
The second section, called “National Water Solidarity Fund”, concerns solidarity actions for water. The Minister responsible for the environment is the main authorizing officer for this section. It is assisted by an advisory committee whose composition is set by decree.
The second section traces:

– the product of the solidarity levy for water paid by the water agencies, the amount of which is determined each year in the finance law;
– miscellaneous or accidental income.
In expenditure:
– investments relating to the restoration of rivers and flood expansion areas, to the reduction of diffuse pollution, to overseas sanitation, to equipment for data acquisition;
– investment subsidies relating to the restoration of rivers and flood expansion areas, to the reduction of diffuse pollution, to overseas sanitation, to the restoration of degraded environments, to water savings in the collective social housing, for the protection and restoration of wetlands;
– expenditure on studies relating to water data, operating costs of consultation bodies relating to water policy, international cooperation actions;
– operating subsidies to the Higher Fisheries Council as well as to public establishments, associations and competent technical bodies for their interventions under the water policy;
– interventions relating to actions of common interest to basins and water data;
– refunds of sums unduly received;
– miscellaneous or accidental expenses.
II. – From January 1, 2000, a solidarity levy for water paid to the State by the water agencies was instituted, the amount of which is determined each year in the finance law.
The levy is paid to the treasury accountant at the headquarters of each water agency, in the form of a single payment made before February 15 of each year.
This levy is collected in accordance with the terms and conditions applying to foreign claims of the State for taxes, property, fines and other financial penalties.

The amount of the solidarity levy for water is entered as a compulsory expenditure in the initial budget of the water agencies. “

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