New Water Code of Uzbekistan: what will change for hydroelectric power stations and reservoirs?
Uzbekistan has adopted the Water Code, a document of strategic importance for a country where water is one of the most valuable and limited resources. The new norms of the code introduce stricter rules and clear regulatory mechanisms that will directly affect the operation of hydroelectric power plants, dams and reservoirs.
A key aspect of the new legislation is the detailed regulation of the use of water for the needs of hydropower. Article 97 of the Water Code of Uzbekistan directly defines the procedure for using water bodies for these purposes. Now the activities of the HPP should be carried out on the basis of an integrated approach that takes into account the interests of not only the energy sector, but also other sectors of the economy and, most importantly, the population. Enterprises operating hydraulic structures are obliged not only to generate electricity, but also to strictly observe the established mode of operation of reservoirs. This includes maintaining the design water levels, ensuring sanitary and ecological releases, as well as preventing sudden fluctuations in water levels that can damage ecosystems downstream.
The document pays special attention to the safety and technical condition of hydraulic structures, which include dams and dams. The owners of such facilities, according to articles 84-87, are fully responsible for their proper operation and timely repair. Article 87 of the new Code expressly provides that the use of state-owned hydraulic engineering facilities can be carried out on the basis of PPP (public-private partnership) projects. This opens the door to attracting private, including foreign, investments in the construction, modernization and operation of dams and hydroelectric power stations. However, any project, whether public or private, will have to undergo a rigorous state examination, including an environmental impact assessment.
In parallel with the development of hydropower, the new Water Code of Uzbekistan significantly strengthens environmental requirements. One of the most important novelties was the establishment of clear sizes of water protection zones and coastal strips for all water bodies, including reservoirs. According to article 126, the width of such zones varies depending on the size of the reservoir: for large reservoirs (over 0.5 billion cubic meters) it is 200-250 meters. Within these territories, a special regime of economic activity is introduced aimed at protecting water resources from pollution, clogging and depletion.
The placement of industrial enterprises, chemical warehouses and fuel and lubricants, as well as any activity that could lead to soil erosion and deterioration of water quality, is now strictly prohibited within water protection zones. This is a direct requirement for everyone who conducts economic activities near dams and reservoirs. In addition, article 139 imposes on the owners of hydraulic structures the obligation to take measures to preserve the favorable condition of water bodies and landscapes. This includes mandatory environmental monitoring, measures to prevent siltation and “blooming” of water, as well as biodiversity conservation.
The new Code also provides for mandatory state environmental expertise for all projects of construction and reconstruction of facilities affecting the state of waters (article 142). This means that no new dam or hydroelectric power station can be built without a comprehensive assessment of its potential harm to nature and the development of measures to minimize it.
It is also noteworthy that in the text of the new Water Code of Uzbekistan there is no direct mention of the terms “small HPP” or “Micro HPP”. The legislation does not separate them into a separate category with a special, simplified regulatory regime. All norms concerning hydropower are formulated in a general form for “hydroelectric power plants” (Article 97) and “hydraulic structures” (Article 87), without any classification by installed capacity or size.
Thus, the new Water Code of Uzbekistan lays the legal basis for the transition to a more sustainable model of water use, where the economic benefits of hydropower should not be achieved at the cost of irreversible damage to the country’s ecology.
Original (in Russian): Новый Водный кодекс Узбекистана: что изменится для ГЭС и водохранилищ?
