THE LEGISLATION FROM ROMANIAN SPACE REGARDING

WATER
FROM ROMAN LAW TO FRAMEWORK DIRECTIVE
AND LAW 310 / 2004
PhD. Stud. Eng. Rareş Hălbac-Cotoară*

Abstract
During the history, water resources represented, particularly through the big
watercourses, the seesaw of grand civilizations. Indispensable factor of life, water brought the
enlargement and also decline to the peoples from antiquity. Resource find out at reduced
quantities, not in a few cases represented an element causing conflicts. Was created in time an
inseparably relation between humanity and waters management, a primal function at this
connection having the legislation.
This paper will present some stages in legislation development, regarding water
management from quantity and quality point of view during the history.

Keywords: water management, sustainable, legislation

1. The water in the Roman period

Among the peoples from antiquity, the Romans granted a special attention to this
vital element for life, not only religiously how much in particular from viewpoint of
practical sight. The problem of water supply was important in antiquity give be the fact
that many times it was difficult to be procured and had to be transported for high
distance. Also, exist special preoccupation and for the assurance a water proper
qualities, her pollution being punished through law.
Big personality’s of antiquity as Thales from Milet or Euripide preoccupied closely
of water problem. Most illustrative ancient authors which studied this resource and the
water legislative framework were Vitruvius and Frontinus.
During the Roman period exists a whole service which was charge with water
problems. The employee’s personal were named “aquari” and they were coordinate by
an ordinary magistrate or “aquarum”. Engineers - architects – work at desk and they
were in charge with the part of design (catchments, aqueducts, the watery castles) but
also they had to maintain these constructions (water regularly delivers). “Aquarii” were
split in the public personnel, “familia aquaria publica”, and respective imperial personal,
“familia aquaria Caesaris”. Together they form a department of approximate 500
people’s specialized on different areas. Thus, “vilicus” were in charge with the water
distribution check, “castelarius” with the watery castles upkeep, “circitor” were the
inspectors. “Silicarius” maintain the pavements. Frontinus mentions that the pipes of
leads wherewith transported the water found out below pavement. Leads man realized
the pipes of leads and the punctuator’s, through the piercing pipes, permit connection to
the watery network. The obligations of these workers were establish daily.
“Aquarii” using an instrument named calyx, supervise the water distribution. Calyx
was a pipeline with fixed section and with her help they observed if the pipe line was or
wasn’t modified. The results obtained after measurements use to establish taxes and to
avoid frauds. The personnel of desk, besides engineers, were completed with peoples

* University “Politehnica” of Timişoara, Timişoara, Romania, [email protected]

who were in charge with papers, bookkeeping and money. The entire personal from this
department was paid from the treasury empire.
The function of “curator aquarum” had an extremely importance and choose for this
function don't belong to the emperor. Only the consuls were the peoples who can arrive
in this function and they were subordinate to the mayors from that time, “praefectus
urbi”.
The realization of a water distribution building in that time requires a written
application and the taxes pay. In first phase, the right of concessionaire was given by
emperors.
The aqueducts in the Roman period were concession. An important role gamble it
here the tax pay. Auditors were in charge with concessionary problems (the consuls had
censorial attributions once at 5 years) and aediles or magistrates which were in charge
with urbanisms. Six Senate decrees given in 12 i.e. establish the attributions and the
obligations of the personal involved in aqueducts concessionary. Through plebiscites
established the punishments which were applied against the incident to watery crimes.
The role of executor’s belonging of some checkers named “aediles curules”.
The right of concession can be obtained only by important persons. The
concession finishes to the applicant decease.
In the empire provinces, the administration of the waters was perceived as a
pluralism of functions to several magistrates, not exist a department specialized in this
sense.
An important role in the town water supply had the public wells. Security
measures were imposed for their protection being forbidden to give water to the cattle
and to wash the clothes or the tools. Polluting the wells was punished with 100 sestert.
The wells were supervised by special citizen’s employee.
Juridical, the waters were split in the rainwater and the running water. The
rainwater belongs to the person which collects it and can be used at will. In the case of
the running waters, the problem is more complex. Res Communes were rules
elaborated in the aim of settlement problems connected with watery running. A river
entered below the jurisdiction of Res Communes permit the use of the water by the
particular only in domestic aim. The rivers were in the property of the persons which own
grounds on the water banks. They don’t have any kind of obligations against sources.
For the water distribution settlement between inferior and superior’s river’s, were used
the habits, municipal laws and praetorian interdictions.
The Roman legislation from Justinian time shows that the rivers were public. The
owners can realize dam works with the condition to not damage the neighbor’s
navigation. In time, these owners will initiate actions to interdict the public use of river. If
the works of defense affect the navigable regime they had to pay a tax, cautio damni
infecti, for 10 years. Was also interdicted any his act or building which can modify the
flow, the speed the quality of the water. In the case of the misunderstandings, the
judicial acts intervene.
The river rendition to the navigation was made only with a license. The problems
of this kind were settled through “aqua in uso publico” (the water for the public use).
However exist precautions which permit to the river’s to capture water from his river or to
deviate the course of the water but only in the mentioned conditions.
The rules function also in the case of rivers, lakes and ponds. Rivers have the
property right over the water banks with the exception of sea shore which is common.
The springs supposed complex problems, needing not only to buy the source but also
buying the grounds in the case in which between the source and the owner property
were some other grounds with different owners. The utilization of the grounds in order to
built aqueducts welcome difficulties because of the law of free property of these holders’
grounds. Senate interference was a usual thing in order to resolve the situations of this
kind.
In hydroedilitary buildings financing wasn’t involved only the emperor but also the
nobility which erect thermae and aqueducts. The money for buildings came also from:
taxes of lease, penalties, taxes, buy of functions and rights. Fittings maintenance and
water purification suppose costs and supplementary taxes. The buildings involved big
expenses. Pliniu the Old mentions that the price of on lead kilogram reach to 86 sestert.
Subsequently, they gave laws which impose the citizen’s participation to the public
labors (here were include also works connected with water supply network).
The users of watery sources can disposes of wells, wells on their property or
they can supply from the public wells. Still are uncertainties regarding the existence or
the missing of the taxes put on the use of public water. Also, the connection to aqueduct
supposes to pay a tax (vectigal). From the Roman Imperial Age we knew three big
watery consumers: the imperial house, the public services and the public wells. To
Roma, the private’s number logged on the water network was large. Their big majority
came from aristocracy. The social statute has therefore an important role in
concessionary of the water but it wasn’t decisive. The connecting works can be pay
through money or through games offered to the town.
Excepting big towns as Roma, the access to the public current water was limited
by the financial situation and of the technical conditions. The running waters permit free
access of any citizen.
The urbanite system from Dacia was represented by spread placements, typically
for the mountain zone. The necessary water was assured from springs. The few big and
compact placements impose special arrangements for the water catchments and the
transport. On Sebeşului Valley, at Tãu, two close springs were catch and transported
through two pipelines to a clearing tank with capacity of approximate 3 mc from where
the water filtrated through a rudimentary system was transported to houses. For the
water evacuation from precipitations were used channels of drainages.
The watery sources belong to the villages from proximity which were ruled by
chiefs with administrative attributions and helped by village householders. Each member
of community was entitled to use these sources for the family upkeep.
The colony Ulpia Traiana Sarmizegetusa was a big city which required important
watery amounts. According with this, the city must have an optimum system of water
adduction and supply. It was certified the existence of wells but also of tanks for the
rainwater collection. The development of the town and the thermae appearance leads to
the conclusion of aqueducts existence and their role in assuring necessary watery.
Archaeological dates are poor in order to describe more exactly this system of supply. At
Museum from Sarmizegetusa exists some block of stones (andesine) used-up to the
transport of water or at connections. Also, were used in these purpose blocks of
limestone and lead pipelines.
In the province Dacia, the magistrates were in charge about water problems.
Although the information’s are relative little, last archaeological discoveries emphasized
the fact that the supply with water in Roman Dacia come to Imperial standard.
 2. The period of Middle Age till the appearance of legislation
from XVIII century
After the Aurelian withdrawal and the migratory people’s invasions was a period
of shade about the history. Records referring to the problem of the water are in a
reduced number. What deserves to be noticed is the total disappearance of the Roman
technique in the water supply of placements.
The administrative organization of the population is based on little placements,
putted around the streams or on heights with strategic positions. The lands of the
community include the field, the waters, the forest, the pastures, the vineyards and the
organized age on uses with common laws and on private property. The water seemed
that enter into first category, it was used in common by the inhabitants.
The villages from plain land were situated besides a stream, near places of
crossing, or besides wells, ponds. We can draw the conclusion that existence of a
stream was a determinate factor in the formation of a human placement.
The relations of feudal orders are shall crystallized opening with the century X.
The village communities shall know a process of unification forming little country
formations ruled by a “cneaz” or “jude”. The chief have proprietary right about space on
which he ruled. The running waters had in this period role of boundary appearing often
in the descriptions of the boundaries. Documents from the centuries XIV, XV and XVI
left testimonies in this senses:" A mill and a ford of mill to Olt, from ford… how much can
draw a man with arrow”. With the time, border are shall established through reign
papers. All through these papers can obtains as his property or only as law of use,
lakes, puddles, ponds, wells, springs.
In Romanian Country and Moldavia were used “hrisoavele”, which were papers
signed by country ruler (were foreseen with seal and conferred right), “uricele” which
were papers of donation signed by country ruler, books of decisions or “ zapise” with
roles in the boundaries establishment and settlement.
The period of Middle Aged is remarked therefore through the reign check about
resources, the legislation holding papers free of the regnant and which many times must
be strengthen with the leading change of his country or they can be irretrievable.
3. The period between XVIII century - beginning of the XX century
For more than 200 of years, is noticed a delimitation of the water legislation
because of the politic existing situation in the Romanian countries: Transylvania,
Moldova and Romanian Country.
Transylvania knew the modernism bring by Habsburgs after 1716 and
beneficiated of remarkable buildings for that period and also of specific settlements. One
from the first problems which was put in the zone was the one of eliminating the
marshes, problem resolved through works of surface-drainage and dam.
Timişoara, as an important town of Habsburg Empire, beneficiate in the XVIII
century by a machinery which take the waters from River Bega, purify them and then
distributed downtown through underground channels. The dirty waters were collect and
stored in basins. The course river Bega has not only the role in water supply being used
for navigation. Although, were spent immense sums for arranging in navigable aims.
Sums of 70000 - 80000 florins were spent annual for upkeep, but they were hurry
amortized.
 The works were droved by an office named through imperial decree. This have
attributions as follows: Supervise the buildings construction, repairing old buildings,
supervise the hydro technical buildings with all what keeps of them, supervise and
conduct management and the preparation for navigation rivers, conduct surface-
drainage of the marshes still existing, approve the construction of the dams against the
floods. This office had a budget which comes to about 60000 florins annual. Director of
this office can be a teacher of architecture and hydraulics having in suborders
engineers’ which were working in office or on land.
The Romanian Country urban legislation from 1765 - 1782 brings numerous
settlements regarding water supply and sewerage. They stipulate the minimum
distances which had to be respected in the case of building a water ditch or channel,
against his house or the neighbor’s property. Were necessary 6 feet and half distance
between a watery reservoir and the foundation of the neighbor house in order to avoid
water infiltration below the wall of the neighbor.
Build and remake the pipelines for sewage waters were made in common, but
each owner was responsible for his zone. If the public pipeline was found out to big
distance of last courtyard, the expenditures with the upkeep were split proportionally
with distance. The tiles of the pipelines were washed regularly and far-off if they
presented faultiness. The pipes for leakages of dirty waters shouldn’t produce the
alterations of the walls from proximity.
In rural environment, the Organic Regulations introduced in Moldova and
Romanian Country will be the one which will regulate the water supply problem for
villages. Combined lands also known as “însurărite” follow to assure access at water for
all the villages. The adopted solutions depend on of the relief forms from zone. Forms of
organization like these were realized on the rivers Cerna, Cernişoara and Luncavãţ.
In Cluj-Napoca, in 1871, the Town Hall hired personnel paid in order to upkeep
public wells. It seemed that the wells were vital town water supply and therewith
insusceptible of satisfies the requirements. In that period, the population takes the water
from private wells and from Someş, but the water quality was strong altered. For town
water supply was suggested to take the water from water table level (6-8 m depth),
because the Someş water supposed treatment. For the preservation quality, the project
foresaw to move of the cemeteries outwards the town, to evacuate residues from towns,
the sewerage. A report from the end of XIX century mention that downtown were 3 - 4
drinking fountains with good water of drunk, from which just one publishes, the other
offering water against cost. The city hall of the town will draw up a print regulation for the
introduction of water in private buildings, in 1888. It was foreseen that the works must be
executed by authorized persons with good quality material. The watery waste was
forbidden. Also, the regulation establishes taxes for the introduction of the water in
private buildings as well as the sanctions in the case of violation the rules.
Is noticed that in this period the legislation start to comprises new notions, to
enforce certain rules in the water supply and especially regarding the problems of
sewage water evacuation (sewerage).
4. The legislation of the centuries XX and XXI
After Union from 1918, was passed among others to the unification and the
administrative reorganization. The Law for unification of the administration from 1925
foresee:" The communes are indebted for 4 years from the entrance in force of this law,
to settle, if by chance they have already draw up [...] a plans of systematize the
commune, which will have in sight the achievement of all requirements necessary to a
good building of the commune, as: […] the water supply of the commune, sewerage
[...]”. Foresee to regional level indicates in the Cluj zone the emendation in the case of
washing the cab at less than 5 m of an aqueduct. The Law for the encouragement of the
agriculture from 1937 and subsequent Law of the instructions from 1938 bring new
foresee. It was imposed that at the selection of a place for home to have in sight the
sanitation assurance through avoiding of marshy places and the fugitive places, places
where the water stagnate or where exist flooded grounds. The drinking-water must be
taken from most possible depth and with good quality. In these laws were also
presented the conditions of position small bridges and the flow water pipelines.
The Romania Government can through law to establish the regulations of operation for
Watery Autonomous Departments from different counties, these regulations regarding
the placements supply with drinking-water, keep the network, their development. The
Second World War and the disturbed period from political point of view which followed
don't bring important regulations in the Romanian legislation.
Law no. 8 from 1974 introduces the concept of qualitative and quantitative waters
management, the check of quality, which concept is shall maintain and in legislation
appeared after 1989, within the year 2000, with the appearance of Framework Directive.
Laws and the subsequent settlements appeared were intense mediate and debated.
The main idea which can be detached is that of promotion sustainable management of
waters. Last appearance in the water legislation is Law no. 310 from 2004 which in
company with H. G. No. 83/1997, H. G. No. 948/1999, Law no. 192/ 2001( 1 st
republication), O.U.G. no. 107/2002, Law no. 404/2003 completes Law 107 from 1996.
5. Conclusions
Water Legislation known during the history different forms adopted in
concordance with the relief forms. In Romanian space, the legislation was imposed by
invaders and only for short periods it was legislation in accordance with local reality.
Divided in three small countries under influence of three empires, Romania included in
her laws different cultures and concepts.
Taking count of the climatic changes, the demographic factor, of existing
resources, of requirements, problem connected with waters legislation don't will know an
end point and will be due to be model continuous in order to arrive to an optimum form
for present ant to respect the sustainability principle for future.
6. Bibliography
1. Gică Băeştean, Apa la Romani, Ed. Napoca Star, Cluj Napoca, 2003;
2. Adrian Bejan, Banatul în secolele IV – XII, Editura de Vest, Timişoara 1995;
3. Francesco Griselini, Încercare de istorie politică şi naturală a Banatului
Timişoarei, Ed. Facla, Timişoara, 1984;
4. Georgescu V., Popescu E., Legislaţia Urbană a Ţării Româneşti, Ed. Academiei,
Bucureşti, 1975;
5. Leonida Truţa, Apa Clujului, Ed. Sarmis, Cluj Napoca, 1999;
6. Glodariu Ioan, Eugen Iaroslavschi, Adriana Rusu-Pescaru, Florin Stănescu,
Sarmizegetusa Regia, Capitala Daciei Preromane, Ed. Acta Musei Devensis,
Deva, 1996;
7. Mircea Miclea, Cadastrul şi cartea funciară, Ed. All, Bucureşti, 1995.