Law on unions (associations) of water users (2002)

Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 1 LAW OF THE KYRGYZ REPUBLIC “ON UNIONS (ASSOCIATIONS) OF WATER USERS” # 38 The present law determines the legal status and organisational basis for the establishment and operation of WUA as non-commercial organisations to operate and maintain irrigation systems in rural areas in the public interest. CHAPTER I. GENERAL PROVISIONS. Article 1. Legislation on WUA. Legislation on WUA consists of the Constitution of the Kyrgyz Republic, the Civil Code of the Kyrgyz Republic, Law Of the Kyrgyz Republic “On water”, present law, legislative acts of the Kyrgyz Republic and passing according to them normative legal acts. Article 2. Main notions used in present law. Water User Association (WUA) – organisation established by water users in accordance with this law; Irrigation system – a network of irrigation and drainage canals, together with any associated pipes, channels, reservoirs, hydro-technical equipment, pumping stations and associated electrical transmission lines, roads, buildings and associated infrastructure and including any land under and immediately adjacent to irrigation canals as well as land which gives access to such canals; WUA Service area – the defined geographical area served by a WUA; Hydraulic unit – a defined area of land within WUA service area, which can receive water for irrigation from one source, headwork or outlet; Regulatory Authority – organ given powers in accordance with article 27 of this law; Water Supplier – means operational water economy organisation or other legal entity, which operates main irrigation canals and supplies irrigation water; Charter – the Charter required by article 7 of this law; Representative Zone – part of the Service area of a WUA in which the owners or users of land plots, who are WUA members, elect one or more Representatives to the Representative Assembly. Article 3. Purposes and tasks of WUA. 1. A WUA is established in accordance with this law as a non-commercial organisation that acts in the public interest for the purpose of operating and Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 2 maintaining a specific irrigation system so as to provide the owners and users of agricultural land with irrigation water. 2. The principal tasks of a WUA are: Operation and maintenance of irrigation system within the WUA Service area and distribution water to WUA members on the basis of annual agreements; Distribution water on a contractual basis to persons who owns or uses irrigated land within the WUA Service area who are not members of the WUA; Rehabilitation and improvement of irrigation systems within the WUA Service area and undertaking construction works as necessary; Purchase irrigation water from a Water Supplier or, where feasible and subject to the necessary water use licences, abstraction water directly from a river, lake or other natural water body or from groundwater reserves for distribution within the WUA Service area; Procure, substitute, operate and maintain irrigation equipment; Manage water delivery and prevent water pollution; Undertake land improvement works; and Train WUA members in irrigation techniques and promote the use of new techniques and technology. Article 4. Activity of WUA WUA realise the types of activity foreseen by the present law and help to fulfil purposes and tasks of WUA. To the base of activity of WUA may be put next principles: Ensuring full participation of all members of WUA in establishment and operation. Decision making processes in WUA shall be fair and democratic. Guaranteeing free access to information for WUA members about its activity. Ensuring guarantee of a fair and equitable distribution of irrigation water for all WUA members. Ensuring rational and careful use of water so as to minimise waste, and prevent erosion, salinisation and the over-watering of irrigated lands. Ensuring environmental security, and providing rights and legal interests of owners and users of the land plots. CHAPTER II. MEMBERSHIP AND ESTABLISHMENT OF WUA Article 5. WUA establishment procedure 1. The establishment of WUA shall take place on a voluntary basis in accordance with the provisions of this article and foundation documents of WUA. 2. Legal or physical entities, owners or who has rights to use plots of agricultural land shall form an Initiative Group which may propose the Service area of the Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 3 proposed WUA and organise a creation of Foundation Committee, which consists of no more than ten potential members of WUA. 3. Foundation Committee shall elect its Chairman and shall elaborate rules and procedure. 4. The Foundation Committee shall realise preparation the draft Charter of WUA, a plan of the Service area of WUA defining the size and location of any representative zones, a defining list of potential members of WUA, preparation a draft budget and workplan for the WUA. 5. In defining the Service area of a proposed WUA the Foundation Committee shall prepare the map of Service area of the proposed WUA showing the agricultural lands and the irrigation system. The Service area of a WUA may comprise of several hydraulic units. Every hydraulic unit must be fully included into WUA as the principle of indivisibility of each hydraulic unit. 6. The Foundation Committee shall send a copy of the draft WUA Charter and the list of potential members to the Regulatory Authority for its agreement. 7. The Regulatory Authority may refuse to agree the draft Charter if: it does not comply with the provisions of this law; the principle of indivisibility has not been applied in respect of the proposed WUA Service area; the irrigation system within the proposed WUA Service area is not capable of receiving water directly from a Water Supplier or from other source which it is proposed will be operated by the WUA. 8. Within six weeks of the date of agreement of the draft charter the Foundation committee shall call a Foundation Meeting to which Foundation committee shall invite all potential members of the WUA for consideration of the proposed of foundation documents. The chairman of the foundation committee shall chair the foundation meeting. 9. Chairman of the Foundation committee chairs Foundation meeting. 10. The Foundation Meeting shall consider draft Charter. Charter shall be considered to be approved if at least half of the potential members of the WUA vote to approve it. 11. Foundation committee shall elect Council of WUA, auditing commission and commission on dispute resolution (if such is persisting). 12. The Foundation Meeting shall then set the date of the meeting of the first General Assembly. Article 6. State registration of WUA State registration of WUA realises in accordance with Law of Kyrgyz Republic “On state registration of legal entities”. In state registration of the WUA may be refused only in case of discrepancy of its foundation documents to laws of the Kyrgyz Republic. Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 4 Refusal in state registration, breach terms or order of state registration and also evasion of such registration may be appealed in court in order established by legislation of the Kyrgyz Republic. Copies of foundation documents, the Charter and the state registration certificate shall be filed with the Regulatory Authority, which authorised by the Government of Kyrgyz Republic to regulate and supervise for WUA’s activity. Article 7. Foundation documents of WUA 1. Foundation documents of WUA are Foundation agreement and Charter. 2. All founders sign foundation agreement of WUA. The chairman of the Foundation meeting signs Charter of WUA. 3. The Charter of WUA shall contain the following: 1) the name of the WUA; 2) location of WUA; 3) description of the WUA Service area by reference to plans and maps; 4) objects and purposes of the WUA’s activity; 5) structure and competences of management organs of the WUA; 6) rights and duties of members of the WUA; 7) order for joining into the WUA, bases and order for termination membership in WUA; 8) procedures for the calling of meetings of the General Assembly; 9) provisions on the setting fees in WUA; 10) responsibility of WUA members; 11) order and sources for compensation of damage to agricultural crops and plots of land to members of the WUA as a result of WUA activity. 12) conditions of termination activity (reorganisation and liquidation) of the WUA. Article 8. WUA membership 1. Physical or legal entity that owns a plot of agricultural land situated within the Service area of a WUA or has use right for this plot of agricultural land for the term more than three years can be a member of WUA. 2. Physical or legal entities who have right to use a plot of agricultural land on the basis of lease can become a member of WUA only after written agreement of landowner or after presenting lease contract, which contains appropriate provisions. Article 9. Rights and duties of WUA members Members of a WUA have the right: (a) to a fair and equitable share of the irrigation water which is distributed by the WUA; (b) to participate in the decision making processes of the WUA; Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 5 (c) to vote at general meetings providing that he paid all requisite charges concerning with activity of a WUA; (d) to propose agenda items for discussion at meetings of the General Assembly; (e) to nominate candidates for and stand for election to the WUA management organs; (f) to benefit from services provided by the WUA; (g) to compensation where they suffer damage to their crops or to their land plots as a result of operation and maintenance activities undertaken by the WUA; (h) to check accounting books and documentation keeping of which is necessary according to article 26 of the present law. In case of brake rights of WUA members they have right to appeal for defence in order established by legislation of Kyrgyz Republic and Charter of a WUA. Member of a WUA shall: (a) observe the provisions of the Charter and any internal by-laws made by the General Assembly; (b) promptly pay any fees in accordance with the Charter; (c) comply with the watering schedules and shall only take irrigation water in accordance with those schedules; (d) ensure that he does not damage any equipment which is used or owned by the WUA; (e) pay the repair or replacement costs of any equipment which is damaged as a result of any wilful or negligent act or omission of that member; (f) provide information to the WUA about their use of land and water; (g) allow the WUA to use any pipes, canals, channels, hydrants or other hydro technical equipment needed for the provision of irrigation and or drainage services which are located on land plots which they own or use. (h) allow staff of the WUA to their land with machines and equipment for fulfilment of works concerning the operation and maintenance of irrigation systems; and (i) observe all rules for the operation of irrigation systems established by the General Assembly of the WUA or the Council. Charter of a WUA may foresee provisions to impose sanctions to its members who broke provisions of Charter and internal by-laws of a WUA. Article 10. Reception of new members into WUA 1. A physical or legal person who qualifies for membership of that WUA in accordance with article 8 of this law can be a new member of WUA. The Council admits new member into WUA forthwith unless: (a) the Charter provides that a person’s right to WUA membership shall not be completed until the end of the irrigation season. In this case, applicant to WUA’s membership shall be informed about date of reception; (b) the right of the applicant to WUA membership is based on ownership of a land plot previously owned by a former WUA member who owes money to the WUA, Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 6 in which case the right of the applicant to membership shall be dependent on the discharge of those liabilities; or (c) the applicant has been expelled from the WUA within the previous five years. 2. The Council shall notify an applicant of his or her admission into the WUA and shall forthwith amend the register of members. 3. The restriction contained in sub-article 1(b) shall not apply in the case of a successor to a physical person who has died owing money to the WUA provided the successor becomes personally responsible for paying off the liabilities of the deceased person. Article 11. Termination of WUA membership 1. A WUA member who ceases to own a land plot within the WUA Service area or who loses the legal right to use such a land plot shall cease to be a member of the WUA. 2. If a WUA has incurred specific expenditure relating to the design, construction, rehabilitation or operation of an irrigation system as a result of a person’s membership, such a person must pay the WUA an amount equivalent to that expenditure before being entitled to exercise their right to resign. Member of a WUA can resign from the WUA only in observance conditions of this sub article. Charter may provide that such a right cannot be exercised until the end of the irrigation season. 3. A member may be expelled from a WUA by a decision of the General Assembly, on the proposal of the Council, in the case of: (a) systematic non-compliance with the WUA Charter or any by-laws approved by the General Assembly; (b) refusal to pay fees due to the WUA; (c) unreasonable refusal to repair or pay for any damage to WUA equipment; or (d) illegal water abstraction or repeated failure to comply with water distribution schedules. 4. A decision by a WUA to expel its member could be appealed to the court. CHAPTER III. MANAGEMENT ORGANS AND THEIR POWERS Article 12. WUA management organs 1. Management organ of WUA are: (a) a General Assembly; (b) a Council; (c) an Audit Commission. A WUA may have additional organs such as a Direction and a Dispute Resolution Commission as necessary and as provided for in its Charter. Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 7 2. The present law and the WUA’s Charter determine the powers, duties and structure of the organs of each WUA. Article 13. Supreme organ of a WUA and its powers The General Assembly is the supreme management organ of each WUA. 1. Exclusive competence of the General Assembly are: defining main directions of activity of the WUA; amending to the Charter; approving the provisions on Council of the WUA; approving the provisions on Auditing commission; the election and removal of the Council members; election of the Audit Commission and order of ahead of schedule termination of its activity; election of the Dispute resolution commission; setting the annual fees payable by members and non-members; approving the annual report and accounts; approving the annual budget of the WUA; approving the workplan of the and watering plan and schedule; the making of internal standing order; the level of any fines payable by WUA members in case of breach of Charter and other internal acts; the making decision on reorganisation or liquidation of the WUA, appointment of liquidation commission, approving interim and final liquidation balance; Decisions on questions attributed to the exclusive competence of General assembly, amending to the Charter and on reorganisation and liquidation of the WUA are made by majority of two third from total amount of votes of WUA members. Decisions on other questions are made by simple majority. Other matters of WUA activity can be attributed to the competence of General assembly. 2. The making decisions attributed by present law or Charter of the WUA to the competence of the General assembly cannot be delegate to managing organ of the WUA. 3. The General Assembly of the WUA shall call by the Council of the WUA out of necessity but no less than once in a year. Extraordinary meeting of members is conducted on a decision of Council of WUA, on the request of Auditing commission and also on the request of one fifth of the members of the WUA. 4. The executive organ shall no later than 30 days till conducting General assembly notify about this every member by all means which allows to confirm sending of notification in which indicated the date, time and agenda. Members of WUA have right to make proposals attributing to the competence of General meeting for including to the agenda no later than 10 days till conducting General assembly. Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 8 Organ which calls General meeting shall present by accessible manner to the members of WUA possibility to previously familiarise with all materials prepared according to agenda of meeting and amendments to it over 20 days till conducting General assembly. 5. General assembly is competent if more than 60 % of members of WUA present at it. 6. The Chairman of Council must sign protocols of General assembly and secretary of General meeting stamped and keep in archives of WUA permanently. Analogous requirements disseminate to protocols of meetings of Council of WUA, Auditing commission, Dispute resolution commission. Meetings of the General Assembly shall be chaired by the Chairman of Council of the WUA or in his absence by the Deputy Chairman of the Council. 7. The General Assembly shall make decisions by a simple majority of the votes cast except as otherwise specified in this law or the Charter. The Charter may provide that votes are to be by show of hands or by secret ballot. 8. The Charter shall specify the number of votes each WUA member is to have when taking decisions at meetings of the General Assembly on the basis of one of the following principles: (a) each member is to have one vote irrespective of the size of their land plot within the WUA Service area; or that (b) each member is to be allocated with votes in proportion to the size of that member’s land plot within the WUA Service area; or that (c) each member is to be allocated with votes in proportion to the amount of fees paid to the WUA during the previous year. 9. Each WUA member shall have a minimum of one vote and no member shall hold more than one quarter of the total amount of votes. 10. The Charter may provide the right of a member of a WUA to vote at a meeting of the General Assembly is dependent on that member having paid all of their liabilities to the WUA. Article 14. Representative Assembly 1. A WUA with a large number of members, such that it is impractical for all members to attend and participate in meetings of the General Assembly, may provide in its Charter for the establishment of a Representative Assembly in accordance with the provisions of this article. A Representative Assembly shall exercise all of the powers of the General Assembly as set out in the present law. 2. In order to establish a Representative Assembly, the Charter shall provide for the WUA Service area to be sub-divided into Representative Zones. The WUA members who own or use land plots within each Representative Zone shall elect one or more Zonal Representative to represent them at the meetings of the Representative Assembly. The Representative Zones of the WUA shall be clearly indicated on the plan of the WUA Service area. 3. The Charter shall specify the terms and conditions of office of each Zonal Representative, the number of Zonal Representatives in respect of each Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 9 Representative Zone, and the procedures for their election, and shall specify the number of votes each Zonal Representative is to exercise at meetings of the Representative Assembly. 4. The principles for the establishment and operation of WUA described in article 13 of this law shall be applied in the establishment and operation of a Representative Assembly. 5. The WUA Charter may provide that the right of a member to vote in the election of a zonal representative is to be conditional upon that member having paid all outstanding fees to the WUA. 6. WUA members who are not Zonal Representatives shall have the right to attend meetings of the Representative Assembly but shall not have the right to vote. Article 15. Managing organ of the WUA The Council is the managing body of the WUA. 1. To the competence of the Council are fulfilment of general managing of WUA’s activity control of performance of executive organ of WUA election among its members of chairman of council call of general assembly prepare agenda of general assembly preparing annual balance report and preparing and proposing these to the general assembly observance procedures of WUA activity foreseen by charter other issues determined by general assembly or established by present law. 2. The Council of WUA shall comprise no less than five persons all of whom must be members of the WUA. The number of members of the Council shall be specified in the Charter. 3. The members of the Council are elected at the General Assembly and serve for a term of no more than three years. 4. The Charter may provide that each member of the Council is to represent a defined area within the WUA Service area and that such a member is to be elected by and from among WUA members who own or use land within that defined area. 5. No person shall be eligible to stand for election to the Council if that person owes outstanding liabilities (including penalties) to the WUA. 6. Members of Council shall elect chairman of the Council of WUA for three years or for other term established by charter. Charter defines the powers of the Chairman. Chairman chairs meetings of General assembly of WUA and meetings of the Council, represents WUA in all questions of its activity. 7. In case Council of WUA represents functions both managing and executive body (when there is no Direction of WUA) Chairman of WUA receives a salary for his services according to the Charter of WUA. 8. The Council shall meet at least once two months if the other does not specified in the Charter. Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 10 9. Decisions of the Council shall be made by vote. Decisions of the Council of WUA declares competent if no less than two third of members of WUA present at meeting. The Charter may provide that the Chairman is to have a casting vote. The Council shall formulate its rules of procedure and shall keep minutes of its meetings. 10. The Council of WUA is responsible to the General Assembly of WUA. Annually over 20 days till the date of conducting General assembly the Council shall prepare annual report, balance and also present necessary information on request of members of WUA. Article 16. Executive organ of WUA Direction of WUA is executive organ of WUA. 1. Charter may authorise Direction of WUA to: Preparation of the draft budget, work-plan of operation and maintenance of irrigation systems and other required documents for presenting to the Council of WUA; Keeping a register of members and non members, which should be reviewed and updated every year, and which shall contain a description of the size and location of each member’s and non member’s land plot within the WUA’s service area, a record of the quantities of water received by the WUA, a record of the requests for irrigation water from WUA members and non members and the number of irrigations they receive; Providing operation and technical maintenance of irrigation systems. Preparation contracts for approval by the Council in accordance with the approved budget and workplan for operation and maintenance of irrigation systems. Control for water supply by Water supplier and its distribution between WUA’s members. Hiring and removal of staff of Direction of WUA and supervision for their activity. Issuing instructions and orders, which are necessary to fulfilment by all hired workers of the Direction of WUA. Operating by banking accounts of WUA in accordance with provision approved by the Council of WUA. Other questions defined by the Council of WUA or present law. 2. The Council hires Director and Accountant of WUA. 3. Terms of reference of Director and Accountant are defined by labour agreement (contract). Article 17. The Audit Commission 1. The Audit commission realises supervision for finance and economic activity of the Council of WUA and its Chairman. Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 11 2. Audit Commission (comprise no less than three members) shall be elected by the General Assembly from among the members of the WUA by direct ballot for three year term. A member of the Council may not at the same time serve as a member of the Audit Commission. 3. Work order of Audit commission and its powers are regulated by the Provision on audit commission approved by the General assembly. 4. Audit of financial – economic activity of the WUA realise no less than one time in year by initiative of Audit commission, by decision of General assembly or no less than one third of total amount of members of the executive organ of WUA. 5. Council of WUA and the management shall provide documents on financial – economic activity of WUA on request of the Audit commission. 6. The Audit commission is responsible to the General assembly. 7. Re-election of the Audit commission can be conducted ahead of schedule on request of one forth of total amount of members of the WUA and also on request of the Council. 8. The Audit Commission on its own initiative or by the demand of one fifth of the members of the WUA has the right to engage independent auditors to audit the operation of the WUA. Article 18. Dispute Resolution Commission 1. A WUA may have a Dispute Resolution Commission that shall consist of five persons elected by the General Assembly for a four year term. The members of the Dispute Resolution Commission shall elect one of their members to be the Chairman. A member of the Council may not at the same time serve as a member of the Dispute Resolution Commission. 2. The Dispute Resolution Commission shall determine disputes concerning water use and distribution between members of the WUA. 3. A WUA member who alleges that another member has violated the WUA’s Charter, by-laws or watering plan may lodge a written complaint with the Chairman of the Commission. 4. After accept the complaint the Chairman shall call a hearing of the Commission within 10 days. 5. Both parties to the dispute shall attend the hearing which shall be held in public and which shall be chaired by the Chairman of the Commission. Another member of the WUA may represent interested party in case of impossibility of its presence. 6. The Commission shall hear evidence from both parties to the dispute, which may include documentary evidence, and may undertake inspections. The Commission shall hold its deliberations in private and shall announce its verdict within 10 days of the hearing. 7. If the Commission considers that the complaint is false it shall dismiss the complaint. Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 12 If the Commission is satisfied that the complaint is true it may take a decision to impose sanctions in accordance with the Charter to unsuccessful party. 8. A decision of the Commission to impose sanctions shall be appealable to the courts. Article 19. Removal of Council and commissions members The General Assembly may remove any of the members of the Council, including the Chairman, and any members of the Audit Commission or the Dispute Resolution Commission from office before the expiry of the term for which they were elected on the grounds of neglect of duty or bringing up to criminal or administrative responsibility. In the event that the General Assembly removes a member of the Council or a member of a commission from office it must appoint a replacement at the same meeting. Article 20. Hiring workers Council of WUA appoints the Director and Accountant in accordance with the provisions of the Charter. Herewith no employee of the WUA hasn’t right to stand for election to the Council, the Audit Commission or to the Dispute Resolution Commission. General assembly on suggestion of the Council in accordance with legislation of Kyrgyz Republic sets the order and system for salary payments to the Director, accountant and other hired wageworkers. Members of Council, Chairman of the Audit Commission and Chairman of the Dispute Resolution Commission are not employees of the WUA and do not receive a salary for their services. The Charter may provide for such persons to be reimbursed expenses in accordance with a decision of the General Assembly. CHAPTER IV. WUA FINANCES AND PROPERTY OF WUA Article 21. Sources of income of WUA The sources of income of WUA shall include fees payable to WUA by its members, income received from non-members for the supply of irrigation water on a contractual basis, interest on bank accounts, donations and grants from the state and other sources and also other sources not prohibited by the legislation of Kyrgyz Republic. Profit of WUA accumulated at the end of financial year is not a subject for distribution between members of WUA. Article 22. Fees payable by WUA members Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 13 The Charter of WUA determines membership fees of WUA members. Size of fees for services on water supply should cover expenses on irrigation water supply by Water supplier and expenses on operation and maintenance own irrigation system of WUA. Article 23. WUA Reserve fund 1. WUA may establish an Reserve fund and shall open a separate bank account to this end. 2. The insurance fund shall only be used to undertake repairs to the irrigation fund within the WUA Service area and to cover the cost of emergency situations. 3. The Charter of each WUA shall provide that following the preparation of the annual accounts; any surplus funds accruing to the WUA at the end of each financial year shall be paid into the Reserve fund. Contributions established by WUA to its members in accordance with article 22 of the present law may be included to Reserve found. Article 24. The supply of water to non-members A WUA may supply irrigation water to the owners or users of land plots within its Service area who are not WUA members. Charges to such users who are not members established by annual General Assembly of WUA Article 25. Property of WUA A WUA is owner of the property transferred to it in order, including any irrigation systems within its Service area and may be endued with other belongings rights for irrigation systems. Order of transfer to the property and enduing with belongings rights for the property and irrigation systems is established by the Government of Kyrgyz Republic. Article 26. WUA records and bookkeeping WUA fulfils records and bookkeeping in accordance with normative acts on accounting approved by Ministry of finance of Kyrgyz Republic taking into account character of activity of the WUA. CHAPTER V. STATE REGULATION AND Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 14 CONTROL FOR WUA’s ACTIVITY Article 27. State regulation and control for a WUA’s activity State regulation of WUA and control for mentioned activity realises by state organ, which authorised by the Government of Kyrgyz Republic to regulate and supervise for WUA’s activity in accordance with legislation of Kyrgyz Republic. Regulatory Authority for realisation its functions has right to: realise audits or invite independent auditors for conducting audits after written application of WUA members; maintain the Register of WUA; provide advice and assistance to WUA in respect of legal, accounting and technical issues; undertake other tasks specified in this law. The management staff of a WUA shall be responsible for the accurate and timely reporting of annual returns and other documentation in accordance with the legislation of the Kyrgyz Republic. CHAPTER VI. FINAL PROVISIONS Article 29. Reorganisation and liquidation of WUA 1. Reorganization of WUA is realizes in accordance with current legislation of the Kyrgyz Republic. 2. Property and financial means residuary after satisfaction of all liabilities during liquidation of WUA except free-of-charge received means from state are subject for distribution between members of WUA by the decision of liquidation commission or organ, which made a decision on liquidation in accordance with conditions foreseen by Charter of WUA. Article 30. Entry into force 1. The present law shall enter into force since the moment of its official publication. 2. The Government of the Kyrgyz Republic shall: Prepare proposals on bringing legal acts into line with the present law; Bring legal acts issued by the Government of Kyrgyz Republic, ministries, state committees and departments into line with present law; WUAs established before entrance into force of the present law shall ensure that their foundation documents are brought into compliance with the provisions of this law within six months of its entry into force. Adopted by the Parliament on 8th of Feb 2002; Signed by the President on 15th of Mar 2002; Official publishing on 27th of March. 15