The main regulatory act governing the ownership, management and exploitation of waters is the Waters Act (SG No 67 of 27.07.1999, last amended SG 95 of 01.12.2009).

Ownership

WA provides that waters, water sites and water development systems and facilities within the national territory may constitute property of the State, of the municipalities, of individuals and legal entities. Further, the Act establishes which water assets are included in the different types of state and municipal property (public and private) and which can be owned by private entities.

Management and exploitation

Different procedures and conditions have been adopted towards the management and exploitation of water and water sites on the one hand and of water supply and sewerage systems on the other.

1. Management and exploitation of water and water sites

Competence and powers regarding management of water and water sites are allocated between the Council of Ministers, the Minister of Environment and Waters and the respective administrative institutions according to the types of assets and the rank of the respective public body.

Exploitation of water and water sites encompasses water abstraction and use of water sites. It encompasses a wide range of activities and can be common or individual, as well as subject to or exempted from authorization. In the cases where authorization is required, permits are issued by the Council of Ministers, the Minister of Environment and Waters or by the competent Basin Directorate Director, depending on the type of water asset and the specific activity for which the authorization is requested. Requirements, conditions, procedures and terms for issuance, as well as the duration of the permits are elaborated in detail in the Waters Act.

2. Management and exploitation of water supply and sewerage systems

Management of water supply and sewerage systems (WSS systems) is responsibility of: (i) the Minister of Regional Development and Public Works - for WSS systems – public state property; (ii) WSS associations formed by of representatives of the State and one or more municipality or by several municipalities – in the cases of shared ownership over the WSS systems and (iii) Municipal Councils - where WSS systems owned by a single municipality fall within the boundaries of the geographically defined area.

Exploitation, operation and maintenance of WSS systems are carried out by WSS operators. After the amendments introduced in the Waters Act in 2009, those activities will be assigned to private operators by means of awarding of concessions in compliance with the Concessions Act.

3. Concession regime

The Waters Act allows for award of concessions over water assets: (i) extraction concession for mineral waters constituting exclusive state property and public municipal property and (ii) works concession or a service concession for water development systems and facilities and for related water sites, as well as for hydraulic-engineering, hydro-power, irrigation, water-supply and sewerage systems. Such concessions are granted under the terms and procedures set out in the Concessions Act and in keeping with the specific requirements and conditions established in the WA with regard to the assets – subject to concession and the specific nature of the activities/services to be performed.