A new Water Code has come into force in Kazakhstan

A new Water Code developed by the Ministry of Water Resources and Irrigation has entered into force in Kazakhstan, the press service of the department reports. The document introduces the concept of “water safety” for the first time. This is the protection of citizens and the economy from water scarcity and pollution of water bodies, as well as the protection of the country’s interests in the field of protection and use of transboundary waters. To prevent the depletion of water bodies, the concept of “ecological runoff” is introduced – the minimum allowable water level to maintain the ecosystems of rivers, lakes and seas.

The new Code provides for the development of General and Basin water Resources Management Plans. These documents will define the goals, objectives, approaches and main activities based on forecasts of the availability of water resources. The conclusions and recommendations of these plans will be taken into account in State planning.

Public participation in decision-making on water resources management has been expanded. Basin councils will be able to make recommendations on reducing the permitted volume of water use, measures to counteract floods and droughts, measures to eliminate violations committed by local executive bodies.

The requirements for the protection of water bodies have been expanded. First of all – small rivers and lakes. In particular, the construction of deaf dams on small rivers is prohibited. There is a special regime for the protection of wetlands and glaciers. And local executive bodies must determine water protection zones and strips in all settlements within two years.

A separate chapter is devoted to measures to adapt to climate change. Among them are cleaning and deepening works on rivers and lakes, defining the boundaries of water bodies at maximum high water, creating engineering systems for the protection of settlements and infrastructure facilities, collecting and storing flood and meltwater in reservoirs for use during droughts, using treated wastewater or desalinated seawater in agriculture and other purposes, as well as the use of crop rotation and new water-saving technologies.

The powers of State and local executive bodies in the field of flood and drought control are clearly delineated. Thus, the Ministry of Water Resources and Irrigation, through basin water inspections, monitors the condition and mode of operation of hydraulic structures when passing and receiving flood waters. The agency also ensures the direction of flood water to reservoirs.

To ensure transparency in the water sector, the Ministry of Water Resources and Irrigation will publish annually on its website a National information Report on the use of water resources in Kazakhstan. This is an analytical report for the previous calendar year on the state, protection and use of the country’s water fund.

A National Water Resources Information System is already being developed. Currently, four modules are successfully operating in pilot mode: “Administration”, “Water Use”, “Transboundary waters” and “Cartography”.
New mechanisms for stimulating water conservation are coming into force. For example, a permit for the use of water will be issued only if there is a plan for a phased transition to recycled or re-water supply. The transition is given five years. For the development of plans – two years from the date of introduction of the Water Code.

The issues of reducing unproductive water losses in agriculture are considered. The procedure for creating an irrigation condominium is regulated, and in case of its absence, local executive bodies are given the authority to manage such property externally.

In addition, now water users can independently and without special permission accumulate meltwater for agricultural needs. To do this, you need to build a pond, reservoir or other capacity, the volume of which should not exceed 2 million cubic meters, and notify the basin water inspectorate about this to include the facility in the register of hydraulic structures.

Another feature of the new Water Code was the introduction of a separate chapter on the safety of hydraulic structures.

It systematizes the issues of forming and maintaining a register of hydraulic structures, their operation, as well as conducting multifactorial surveys with the development of safety declarations. It also provides for the development of safety regulations for hydraulic structures.

The document also includes standards for the development of water supply and sanitation systems, regulation of storm and drainage drains, transfer of ownerless systems to communal ownership.

The functions of regulating the search, assessment, monitoring and protection of groundwater have been transferred to the Ministry. As part of the Ministry of Water Resources and Irrigation, the National Hydrogeological Service “Kazhydrogeology” deals with these issues.

To effectively combat the “black market” of water, the functions of state control of basin water inspections have been strengthened. Now they are endowed with supervisory functions, according to which they will take prompt response measures. There will also be state control over compliance by local executive bodies with the functions assigned to them in the field of protection and use of the water fund.

Amendments have also been made to the Civil, Land, Business, Forest and Environmental Codes, as well as to 13 laws. The Land Code has been amended in terms of regulating the use of land and water bodies in settlements. The Environmental Code has been supplemented with norms regulating the requirements for carrying out activities in water protection zones.

Amendments have also been made to the Code of Administrative Offences and the Code on Subsoil and Subsoil Use, initiated by deputies. In particular, the Administrative Code provides for tougher liability for violations in the water sector, and the Code on Subsoil and Subsoil Use amended articles on exploration and production of hydrocarbons in the Caspian Sea, exploration and production of groundwater, as well as prospecting, extraction of salt and therapeutic mud.

“When developing the new Water Code, we were guided by five basic principles. This is the recognition of water as an integral part of the environment, the basis of citizens’ livelihoods and economic development, water protection and prevention of its depletion, integrated use of surface and groundwater, the introduction of water-saving technologies and adaptation to climate change, public involvement in solving problems related to the protection and use of water resources. The document will help to form a new state policy in the field of water resources. I would like to thank the members of Parliament and experts who participated in its development,” said Minister of Water Resources and Irrigation Nurzhan Nurzhigitov.

Original (in Russian): В Казахстане вступил в силу новый Водный кодекс