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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of October 18, 2021 No. 222

About approval of the Procedure for determination and collection of collection for use of superficial water resources in the Kyrgyz Republic

For the purpose of preserving and recovery of water ecosystems, rational use of water resources, according to article 88 of the Code of the Kyrgyz Republic about the non-tax income, article 48 of the Water code of the Kyrgyz Republic, article 11 of the Law of the Kyrgyz Republic "About water", article 15 of the Law of the Kyrgyz Republic "About environmental protection", articles 13 and 17 of the constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve the Procedure for determination and collection of collection for use of superficial water resources in the Kyrgyz Republic (further - the Procedure) according to appendix.

2. Approve rates of charge for use of superficial water resources in mining industry for the legal entities who are carrying out water intake from the water objects located:

- on marks it is higher than 2700 meters above sea level, - 100 som for one cubic meter of water;

- on marks it is lower than 2700 meters above sea level, - 60 som for one cubic meter of water.

3. Approve rates of charge for use of superficial water resources, in the field of the industry for the subjects of economic activity except for specified in Item 2 of this resolution, which are carrying out water intake from superficial water objects at the rate 2, 3 som for cubic meter of water.

4. To the ministry of emergency situations of the Kyrgyz Republic, the Ministry of Health of the Kyrgyz Republic, the Department of Energy of the Kyrgyz Republic, the Ministry of Agriculture of the Kyrgyz Republic, National Statistical Committee of the Kyrgyz Republic (under approval), to the State agency of architecture, construction and housing and communal services under the Cabinet of Ministers of the Kyrgyz Republic, National academy of Sciences of the Kyrgyz Republic to provide entering into the Ministry of natural resources, ecology and technical supervision of the Kyrgyz Republic:

- till April 1 of the year preceding year of the payment period - information on account part of the budget within the provided funds allocated for implementation of actions on management, studying, assessment and protection of water resources for the last three years;

- till October 1 of the year preceding year of the payment period - expense plans on implementation of actions on management, studying, assessment and protection of water resources, and also actions for the prevention, liquidation of harmful effects of waters and pollution as a result of accidents and natural disasters (mudflows, floods, flooding, flooding, erosion and collapse of coast) the forthcoming three years.

5. To the ministry of natural resources, ecology and technical supervision of the Kyrgyz Republic:

- on the basis of the data obtained from the ministries and departments specified in item 4 of this resolution till November 1 of the year preceding year of the payment period to determine the size of rate of charge for use of superficial water resources in the Kyrgyz Republic the forthcoming three years and to submit for approval of the Cabinet of Ministers of the Kyrgyz Republic;

- annually, till January 30 of the next year to provide entering into the Ministry of Finance of the Kyrgyz Republic of information on collection for use of superficial water resources for accounting year.

6. Determine that water users:

- within six months from the date of entry into force of this resolution independently, at the expense of own means, shall establish in the place for intake of surface water from source (in case of entrance of water pipe on the production territory) the devices/device of accounting of amount of the taken-away water which underwent checking in authorized body on metrology;

- submit the annual statement about water use (in the form No. 2-TP (водхоз) approved by the resolution of National Statistical Committee of the Kyrgyz Republic of July 24, 2020 No. 6) in authorized state body in the field of water resources management, the statistical reporting and quarterly statements on payments for water resources - in bodies of Tax Service, authorized state body in the field of water resources management and state body of official statistics.

7. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Temporary procedure for determination and collection of payment for use of superficial water resources in the Kyrgyz Republic" of March 22, 2016 No. 137.

8. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

9. This resolution becomes effective after fifteen days from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of October 18, 2021 No. 222

Procedure for determination and collection of collection for use of superficial water resources in the Kyrgyz Republic

Chapter 1. General provisions

1. This Procedure for determination and collection of collection for use of superficial water resources in the Kyrgyz Republic (further - the Procedure) establishes:

- procedure for determination of collection for use of superficial water resources;

- procedure for collection and introduction of collection for use of superficial water resources;

- control of water intake and receipt of collection for use of superficial water resources;

- procedure for use of the means arriving from collection of collection for use of superficial water resources;

- rights and obligations of water users.

2. The purpose of introduction of collection for use of superficial water resources is cost recovery on reproduction and protection of water resources, ensuring economic incentives of rational water use, effective management (studying, assessment and protection) of water resources, decrease in harmful effects of waters on the environment, and also costs for actions for functioning of authorized state body on water resources management of the Kyrgyz Republic.

3. Collection for use of superficial water resources is entered for all water users of superficial water resources, except for water users and the types of water use specified in Item 13 of this Procedure and is estimated proceeding from need of compensation of the account part of the government budget directed to financing:

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