Аннотация: The Monologue about the Bureya events. FAWR. December 31, 2018
The Monologue about the Bureya events. FAWR. December 31, 2018
The search on the Internet which is carried out on December 31, 2018 gave a certain material on this subject. Writing of the text was carried out on January 1, 2019 (mainly, on the basis of the material received on the Internet on December 31, 2018).
A history, a little.
Article 11 of the Constitution of the Russian Federation of 1978 (as amended up to December 10, 1992) says: "Land and its subsoil, water, flora and fauna are the property of the peoples living in the relevant territory."
Article 9 of the Constitution of the Russian Federation of December 12, 1993 contains provisions: "1. Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the relevant territory. 2. Land and other natural resources may be into private, state, municipal and other forms of ownership."
As we can see, in the Constitution of 1993 the notion "the property (ownership) of the peoples" is absent.
Let's not attach too much importance to casuistry.
But imagine this situation.
"People's deputy" returned from abroad after a wonderful coast. The voter uses good mood of the "elected person", and comes to him with a question.
The "elected person" meets the voter joyfully: "We near your house, near the carriageway are going to build the sports ground [athletic field], fenced with a grid (from all directions)!"
The voter is indifferent: "Our city was founded on the river bank, and its inhabitants got used to have access to a river bank. But modern times came: there is no access. All coastline to someone is transferred. It is impossible to approach water".
"Such is the law".
"And what about "the property (ownership)"?"
The people's deputy adjusts glasses ...
And, may be, suddenly somehow existence of the notion "the property (ownership) of the peoples" in the Constitution will influence a situation?!
I do not think that existence in the Constitution of the notion "the property (ownership) of the peoples" was very much of great importance. But it was better, nevertheless, with it, than without it.
Article 6 of the Water code of the Russian Federation (operating) tells us:
"1. The superficial water objects which are in the state or municipal ownership are public water objects...
2. Each citizen has the right to have access to water subjects to general use and free of charge to use them for personal and domestic needs if other is not provided by the present Code, other federal laws".
Can be... for General use... If "other" is not ...
The water code contains certain information about the Federal Executive body and reservoirs.
Then logically we get closer to FAWR. "The Federal Agency of water resources (Rosvodresursy) is the Federal Executive authority performing functions on rendering the state services and management of Federal property in the sphere of water resources".
In the regulation on the Federal Agency, we see the following Paragraph: "5.8. sets the modes of passage of floods, a special releases, a filling and a processing (release of water) of reservoirs."
We learn that the Federal Agency of water resources by the Order of September 7, 2018 N 187 approved "Rules of use of water resources of the Bureya reservoir on the river Bureya". From point 3.1. Reports that the length of the Bureya reservoir (at FSL) - 232.5 km.
This is important. The natural Bureya dam [jam] [overlapping] occurred [took place] within the Bureya reservoir.
But what is the competence of the Federal Agency in connection with the appearance of the natural dam?
According to Paragraph 10.1. "Provisions" the regulation of operation of the Bureya water-engineering system is assigned to the Bureya hydroelectric power station. But the natural dam is one thing, and the Bureya hydroelectric station is another thing.
In accordance with paragraph 10.3. "Regulations" the Federal Agency of water resources carries out the activity directly or through the territorial authorities, including, "establishes modes of the admission of a floods, a special releases, a filling and a processing (release of water) of reservoirs".
As for the competence of the Federal Agency for water resources in connection with the appearance of a natural dam on the Bureya river, I personally did not have clarity. Of course, FAWR is not aside [not out, not outside, not away, not off the solution] ... But on the other hand ...
Let me remind you that the FAWR carries out the functions of "Federal property management in the field of water resources".
On the website of the FAWR, we can see the information messages about the water situation on the territory of Russia at a certain date.
Let's consider messages from December 24 to December 29, 2018.
December 24, 2018. "... On the majority of the rivers the freeze-up [the ice] is observed. The water management situation is normal".
December 25, 2018. "Khabarovsk Krai. According to Emercom of Russia ... in a zone of the Bureya Reservoir there was a descent of rocky soil ... overlapping of ... the Bureya River. According to preliminary data, the riverbed of Bureya is filled up in several kilometers above from the mouth of the Tyrma River, approximately in 70 km from the settlement of Chekunda. Incident happened on December 9-10, 2018. ... Incident managed to be found not at once. At the moment groups of the Ministry of Emergency Situations... civil defense and emergency of administration of Khabarovsk Krai work at the place (for definition of a situation).
Reservoirs work in the normal mode".
Messages from 26 and of December 27, 2018 are most interesting. Both of these messages contain a phrase "The situation demands permission in urgent time". In the message of December 28, 2018 this phrase disappears.
December 26, 2018. "Khabarovsk Krai. In a zone of the Bureya Reservoir there was a descent of rocky soil to overlapping of the bed of the Bureya River. Incident happened on December 9-10, 2018. ... it managed to be found not at once.
On December 25, 2018 the staff of Managements of Operation of the Bureya Reservoir Federal State Institution carried out departure to the Bureya Reservoir to the region of ... Sredny Sandar. Having arrived to the place, the collapse of a left-bank slope of one of hills was revealed that caused full overlapping of the bed of the Bureya River. Insignificant drainage is observed.
The overlapping area is located ... on the territory of the Verkhnebureinsky district of the Khabarovsk krai, 120 km from the village. Talakan. On this site there is no economic development, access roads, winter roads; and the delivery of heavy special equipment to eliminate the blockage, in the current conditions - is impossible.
On the right Bank of the river Bureya in the course of movement of the landslide marked deforested coastal slopes: growing trees and turf layer was washed away by the wave action with the participation of destroyed ice. Currently, the damaged forest is in a frozen state in the water area next to the ground blockage.
It should be noted that during the space monitoring of the situation in the area, a thermal anomaly was detected. It was possible to record the temperature difference between the unchanged landscape and the exposed rock, as well as the opened water after deformation of the ice cover, which is much warmer than the environment.
... Subsequent data processing allowed to determine the total amount of rock formed as a result of the collapse of the left Bank (34 million m3).
During the measurements, the level of the Bureya reservoir in the lower byef of the "natural dam" was 251.1 m BS, in the upper 253.4 m BS. The length of the dam along the ridge is ~740 meters, with a width of 180 to 500 meters.
The level of the lowest level of the blockage is 261.0 m BS. The situation needs to be resolved as a matter of urgency.
Reservoirs operate in the prescribed mode."
Message from December 27, 2018, to a certain extent repeats the message of December 26, 2018...
We pass to the message of December 28, 2018.
December 28, 2018. "Khabarovsk Krai. In a zone of the Bureya Reservoir there was a descent of rocky soil and the overlapping of the bed of the Bureya River around merge to river Sredny Sandar. Incident happened on December 9-10, 2018. At the moment the reservoir operates normally.
Reservoirs work in the set [normal] mode".
December 29, 2018. "Khabarovsk Krai. In a zone of the Bureya Reservoir there was a descent of rocky soil to overlapping of the bed of the Bureya River around... the river Sredny Sandar. Incident happened on December 9-10, 2018. At the moment the reservoir operates normally.
Reservoirs work in the set [normal] mode".
So, in the position of FAWR we see two changes: on 26 and of December 27, 2018 the phrase "Appears the situation demands permission in urgent time". Later this phrase in the text of the message is absent.
What conclusions?
There is the Bureya Reservoir. On it the natural dam was formed.
It is clear.
Further - can seem to someone not an absolutely a clear.
What volume of competence FAWR?
The situation demands permission in urgent time?
Than to finish this monologue? Somehow it is necessary to be defined, to formulate a position, a tasks ... The situation demands permission...
January 01, 2019 09:43
Translation from Russian into English: May 20, 2019 07:36.
Владимир Владимирович Залесский 'Монолог о Бурейских событиях. ФАВР. 31 декабря 2018 года.'.