WATER CODE OF THE REPUBLIC OF KAZAKHSTAN

of April 9, 2025 No. 178-VIII ZRK

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Code

In this Code the following basic concepts are used:

1) the water area - the water space limited to natural, artificial or conditional borders;

2) drinking water - water in its natural state or after processing, meeting on quality the established national standards and hygienic standard rates, intended for satisfaction drinking and economic domestic needs;

3) uncontested sources of drinking water supply - the sources of drinking water supply, single for water consumers, which replacement is impossible and inexpedient;

4) alternative sources of water - the accumulated rain and thawed snow, the purified waste and desalinated salty waters, possible to use as water resources;

5) limit of the Section of balance sheet accessory - the line of the Section of elements of water supply systems and water disposal between owners on the basis of property, economic maintaining or operational management;

6) hydraulic engineering constructions - constructions for regulation of use of water resources (including fence, storage, transportation, distribution of waters of superficial water objects and removal of drainage waters), and also other constructions intended for protection against harmful effects of waters (the water retaining, water waste and water final constructions, constructions intended for protection against floods and destructions of coast);

7) drainage - collection and removal of waters from the Earth's surface and (or) lowering of the level of ground waters;

8) drainage waters - the waters collected and which are taken away by collector and drainage networks;

9) underground waters - water resources of underground water objects;

10) the field and the site of underground waters - spatially limited part of water-bearing system in which there are favorable conditions for intake of underground waters of certain quality in the quantity sufficient for their target use;

11) hydroland reclamation - set of the actions providing improvement of environment of use of the irrigated lands by regulation of the water mode of soils;

12) regulation of superficial drain - distribution (redistribution) of river drain by means of retaining hydraulic engineering constructions depending on water content of year for satisfaction of need of different water users for water taking into account protection of water objects and prevention of harmful effects of waters;

13) sanitation of superficial water objects - recovery of the hydrological mode of superficial water object by cleaning of ground and silt deposits, dredging, ruslovypryamitelny, shore protection and other works;

14) irrigation - water supply for irrigation of farmlands;

15) multifactorial inspection - assessment of technical condition of hydraulic engineering constructions and the capital equipment, determination of residual resource of their elements by method of visual survey and carrying out complex of engineering researches (geodetic, geophysical, geotechnical, hydrographic and others);

16) tubular filter well - the construction in the form of the pipe drilled to the earth with number of openings located in the water-bearing horizon, the first from surface;

17) the channels equated to the rivers - the artificial constructions intended for transfer of water from one pool in another from one river system in another, interstate channels;

18) limit of the Section of operational responsibility - the line of the Section of elements of water supply systems and water disposal on the basis of obligations (responsibility for their operation) established by the agreement of the parties. In the absence of such agreement the limit of operational responsibility is established on limit of the Section of balance sheet accessory;

19) sewage - the waters which are formed as a result of economic activity of the person or in the contaminated territory:

the waters used on production or domestic needs and which received at the same time the additional impurity of pollutants which changed their initial structure or physical properties;

the rain, thawed, infiltration, watering, drainage snow which are flowing down from the territories of settlements and industrial enterprises;

the underground waters which are in passing taken away when carrying out transactions on subsurface use (the career, mine, miner waters, reservoir waters which are taken away in passing with hydrocarbons);

20) stores of sewage - the constructions intended for accumulating of sewage (ponds stores, fields of filtering and ponds evaporators), the water disposals which are part of complexes of centralized systems;

21) monitoring and assessment of meliorative condition of the irrigated lands - system of observations and the analysis of hydrogeological, hydrological and soil indicators for identification of negative changes and taking measures to their prevention, and also development of recommendations about improvement of meliorative condition of the irrigated lands;

22) apportionment point - the place of transfer of water resources from the water user to the water consumer;

23) water disposal - set of the actions providing collection, transportation, cleaning and dumping of sewage through systems of water disposal in water objects, stores of sewage or on land relief;

24) the objects which are negatively influencing condition of waters - buildings, structures, constructions and devices which operation can entail pollution and (or) contamination, and (or) depletion, and (or) harmful effects of waters;

25) technological expenses of water - the water amounts spent for servicing of constructions and networks of water supply systems and water disposal of settlements;

26) organizational and accounting expenses of water - the water amount which is not registered by water metering devices owing to their insufficient sensitivity, availability of error of measurements and also in case of non-simultaneous removal of indications of metering devices of water at water consumers;

27) the water protection zone - the territory adjoining water objects in which the special mode of economic activity for prevention of pollution, contamination and depletion of waters is set;

28) the water preserving strip - the part of the water protection zone adjoining water objects in which the mode of limited economic activity in addition to the special mode of economic activity in the water protection zones is set;

29) authorized body in the field of protection and use of water fund (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of protection and use of water fund;

30) water supply - set of the actions providing fence, storage, preparation, giving and distribution of water resources;

31) water supply - set of the actions directed to requirements satisfaction of the population, the environment and industries of economy in water resources;

32) protection of water objects - system of the measures directed to preserving and recovery of water objects;

33) use of water objects - use of water objects as environment component;

34) water object - permanent or temporary concentration of waters in natural or artificial reliefs of sushi or in subsoil, having borders, the natural or regulated water mode, except for stores of sewage;

35) the water user - physical person or legal entity which according to the procedure, established by the legislation of the Republic of Kazakhstan, has right to use water and realizes it;

36) the water mode - natural or artificial change in time of levels, expenses and amounts of surface and underground water;

37) water resources - the water containing in superficial and underground water objects including available to use taking into account protection from pollution, contamination and depletion;

38) water intaking construction - complex of constructions and devices for water intake from water objects;

39) specific regulation of water consumption and water disposal - assigned amount of the consumed or taken away waste water per unit of the made products (on certain amount of the performed work or the rendered service);

40) the enlarged regulation of water consumption and water disposal - specific regulation of water consumption and water disposal for economy industry;

41) the water consumer - the physical person or legal entity using services of the water management organizations for water supply or water users or consuming water from water objects according to the procedure of general water use;

42) water conservation - the system of measures providing economical and effective use of water resources;

43) water economy - the economy industry connected with protection of water fund and use of water resources;

44) water management constructions - the constructions and devices intended for fence, cleaning, storage, distribution of waters and removal of drainage waters;

45) the water management organizations - legal entities whose activities are connected with regulation, delivery of water resources, water supply, water disposal, development and operation of water management and hydraulic engineering constructions;

46) engineering systems of protection against flood and thawed snow - dams (system of embankment), the mobile barriers redistributing and the bypass canals, temporary water storage basins, systems of lemon irrigation, embankments and other constructions allowing to intercept, redistribute and temporarily to hold excessive amount of water;

47) cross-border water objects - the superficial or underground water objects crossing borders between two or more states or located on such borders;

48) authorized body in the field of the housing relations and housing and communal services - the central executive body performing management and cross-industry coordination in the field of water supply and (or) water disposal;

49) mine well - vertical excavation which depth is more than cross section, created for intake of underground waters in the water-bearing horizon, the first from surface, for the purpose of water supply, drainage of rocks and branch from the Earth's surface of atmospheric and surface water;

50) kaptazhny construction - the technical construction providing opening and use of underground waters at their natural exit to the Earth's surface.

Article 2. Water legislation of the Republic of Kazakhstan

1. The water legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. The international agreements ratified by the Republic of Kazakhstan have priority before this Code. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.

Article 3. Main objectives and tasks of the water legislation of the Republic of Kazakhstan

1. Main objectives of the water legislation of the Republic of Kazakhstan are achievement and maintenance of ecologically safe and economically optimum level of water use for improvement of quality of life of the population and preserving the environment.

2. The main objectives of the water legislation of the Republic of Kazakhstan are:

1) management and protection of water fund on the basis of the basin principle, and also development of the integrated water resources management;

2) forming and development of national policy of water conservation;

3) fixing of legal status of objects of the water relations;

4) fixing of competence, the rights, obligations and responsibility of subjects of the water relations in case of protection and use of water fund;

5) fixing of competence, the rights, obligations and responsibility of subjects of the water relations in case of management, operation and development of water management and hydraulic engineering constructions;

6) development of science and ensuring application of evidence-based approach to public administration (planning, accounting, monitoring, regulation, examination) in the field of protection and use of water fund;

7) regulation of activities of subjects of the water relations, implementation of the state control and supervision, and also public control in the field of protection and use of water fund;

8) fixing of economic controling mechanisms with demand in the field of protection and use of water fund;

9) ensuring protection of water fund;

10) regulation of activities in the field of water supply and water disposal of settlements, ensuring water conservation due to increase in technological efficiency, use of the purified sewage;

11) development of irrigation and drainage with implementation of water saving and digital technologies;

12) adaptation of the water sector of economy of the Republic of Kazakhstan to climate change;

13) fixing of bases of international cooperation in the field of protection and use of cross-border water objects.

Article 4. Basic principles of the water legislation of the Republic of Kazakhstan

Legal regulation of the public relations in the field of protection and use of water fund in the Republic of Kazakhstan is based on the following basic principles:

1) water recognition as integral part of the environment, basis of life activity of the population and economic development of the Republic of Kazakhstan;

2) basin management: management of water fund for hydrographic signs within water management pools;

3) priority of protection of water fund: water resources management and use of water resources shall be performed on condition of obligatory ensuring protection of water fund from pollution, contamination and depletion;

4) fair and equal access to water;

5) first-priority providing population with drinking water;

6) recognition of economic value of water resources by the state in case of their use;

7) complex use of superficial and underground water resources;

8) water conservation: legal, economic, social, production and ecological requirements on economical and effective use of water resources;

9) availability of information on condition of water fund;

10) involvement of the public in decision making concerning protection and use of water fund;

11) continuity and coherence of water supply and water disposal during the designing and construction.

Article 5. The public relations in the field of protection and use of water fund

1. The water legislation of the Republic of Kazakhstan governs the public relations in the field of protection and use of water fund and the water resources containing in it, operation, development and safety of water management and hydraulic engineering constructions (further - the water relations).

2. The public relations regarding lands, the woods, plant and animal life, atmospheric air, water objects of especially protected natural territories, economic activity on coast of the superficial water objects which are on sites of the state forest fund, ensuring ecological and sanitary and epidemiologic safety, drinking water supply and water disposal, state geological studying and investigation of underground waters, protection of underground waters from pollution and depletion, the prevention and liquidation of emergency situations of natural and technogenic nature on water objects, navigation and navigation, and also other relations arising in case of protection and use of water fund are regulated by the corresponding industries of the legislation of the Republic of Kazakhstan and this Code.

3. The public relations connected with protection and use of cross-border water objects are regulated by this Code and other regulatory legal acts of the Republic of Kazakhstan, and also international treaties of the Republic of Kazakhstan.

Article 6. Water safety of the Republic of Kazakhstan

1. Water safety of the Republic of Kazakhstan is expressed in condition of security of the population and national economy of the Republic of Kazakhstan from the real and potential hazards connected with deficit of water resources and their inadequate quality and also from harmful effects of waters.

2. Water safety of the Republic of Kazakhstan is ensured for the account:

1) enhancement of systems of accounting of water objects and water resources, assessment and forecasting of their quantitative and qualitative indexes;

2) preserving and recoveries of water objects;

3) complex use of superficial and underground water resources;

4) evidence-based territorial redistribution of water resources;

5) development and implementation of measures for water conservation;

6) uses of alternative sources of water;

7) preventions of harmful effects of waters and prevention of artificial droughts;

8) ensuring steady functioning and safe operation of water management and hydraulic engineering constructions;

9) protection of interests of the Republic of Kazakhstan in the field of protection and use of cross-border water objects.

3. Water safety of the Republic of Kazakhstan is ensured by measures of legal, organizational, economic and other nature.

Chapter 2. Adaptation of the water sector of economy of the Republic of Kazakhstan to climate change

Article 7. General approaches to adaptation of the water sector of economy of the Republic of Kazakhstan to climate change

1. Adaptation of the water sector of economy of the Republic of Kazakhstan to climate change includes combination of natural, technical and technological options, and also social and institutional measures for mitigation of the consequences of climate change.

The water sector of economy of the Republic of Kazakhstan is understood as the part of economy connected with use of water resources.

2. Development of adaptable mechanisms for effective use of water resources assumes development of the management system by water resources directed to non-admission of deficit of water resources and harmful effects of waters.

3. Adaptation of the water sector of economy of the Republic of Kazakhstan to climate change assumes:

plan development of adaptation of the water sector of economy of the Republic of Kazakhstan to climate change in scales of the country and water management pools;

allocation of additional investments on improvement of quality of hydrological and hydrogeological data;

carrying out scientific research in the field of adaptation of the water sector of economy to climate change;

participation of all interested physical persons and legal entities and their associations in the course of development and implementation of plans of adaptation of the water sector of economy to climate change;

use of new technologies of effective use of water resources and alternative sources of water;

rational use of water in agricultural industry, use of economical methods of watering of plants, implementation of drought-resistant cultures and fight against drought;

upgrade of water management and hydraulic engineering constructions taking into account the changing water use conditions.

Article 8. Prevention and liquidation of harmful effects of waters

1. Are understood as harmful effects of waters:

1) flood, flooding, flooding;

2) destruction of coast, protective dikes and other constructions;

3) bogging and salinization of lands;

4) erosion of soils;

5) formation of landslides, mud streams and other harmful phenomena.

2. The prevention and liquidation of harmful effects of waters provide the single system of measures containing forecasting, assessment, planning and reaction.

3. Forecasts and risk assessment of harmful effects of waters, and also the main actions for their prevention and liquidation are determined in basin plans of protection and use of water resources.

4. Treat the main actions for the prevention and liquidation of harmful effects of waters:

1) carrying out sanitation of superficial water objects;

2) creation of engineering systems of protection of settlements, industrial facilities, agricultural holdings, objects of transport infrastructure, hazardous production facilities for protection against flood and thawed snow and (or) their branch, and (or) redistribution for replenishment of water storage basins, lake systems and fields of underground waters;

3) afforestation of inundated sites of superficial water objects;

4) other actions directed to the prevention and protection against flood and thawed snow.

Included in basin plans of protection and use of water resources of action for the prevention and liquidation of harmful effects of waters, and also other actions taking into account features of regional conditions are provided by development plans for areas, cities of republican value, the capital.

Actions for the prevention and liquidation of harmful effects of waters of areas, cities of republican value, the capital entering the territory of one water management pool shall be approved and coordinated among themselves.

5. Owners of water management and hydraulic engineering constructions when holding actions for the prevention and liquidation of harmful effects of waters shall:

1) to follow service regulations of water management and hydraulic engineering constructions;

2) systematically to analyze security status of water management and hydraulic engineering constructions;

3) to conduct regular examinations of technical condition of water management and hydraulic engineering constructions;

4) to create the financial and material provisions intended for accident elimination of water management and hydraulic engineering constructions;

5) to support in permanent readiness local warning systems of civil protection on hydraulic engineering constructions.

6. The prevention and liquidation of the emergency situations of natural and technogenic nature caused by harmful effects of waters are performed according to the legislation of the Republic of Kazakhstan.

Article 9. Measures of adaptation to floods and prevention of their negative impact

1. For the purpose of acceptance of preventive measures on prevention of negative impact of floods and planning of actions, stipulated in Item 4 articles 8 of this Code, the subordinated organization of authorized body determines the zones subject to risk of flooding in the period of floods.

2. As borders of the zones subject to risk of flooding in the period of floods (further - demarkation lines of water objects), is accepted урез waters in the period of the maximum flood, determined on the basis of long-term hydrological and hydrogeological observations, and also space researches, corrected taking into account availability of engineering systems of protection of settlements, industrial facilities, agricultural holdings, objects of transport infrastructure for protection against flood and thawed snow and (or) their branch, and (or) redistribution for replenishment of water storage basins, lake systems and fields of underground waters.

3. Demarkation lines of water objects are constantly adjusted by the subordinated organization of authorized body in process of establishment of the water protection zones and strips of superficial water objects, creation of the new systems of engineering protection specified in Item 2 of this Article and are placed in national information system of water resources.

Article 10. Measures of adaptation to negative effects of droughts and prevention of artificial droughts

1. The drought is understood as the natural phenomenon which is expressed in deficit of water resources, caused by long lack of atmospheric precipitation, reducing drain of the rivers and decrease in level of surface and underground water from which result drying of the soil, damage, death of plants and water animals, depletion of water objects.

2. The system of measures containing forecasting and risk assessment of droughts, and response to them is developed for adaptation to negative effects of droughts and prevention of artificial droughts.

3. Forecasts and risk assessment of droughts, and also the main actions directed to minimization of their negative effects are determined in basin plans of protection and use of water resources.

4. Treat the main actions for adaptation to negative effects of droughts and prevention of artificial droughts:

1) system monitoring of level of atmospheric precipitation, humidity of the soil, use of water resources population and industries of economy;

2) development and deployment of measures for collection and preserving flood and thawed snow for the purpose of their use during the droughty periods, including for the purposes of watering of crops and for the purposes of flood of pastures;

3) use for watering of crops or other water consumption of alternative sources of water;

4) use of new technologies of water conservation;

5) planning of the crop rotation of crops aimed at minimization of erosion of soils, and jumping in droughty years of drought-resistant cultures;

6) implementation of field-protecting afforestation, preserving and expansion of forest fund;

7) other actions directed to adaptation to negative effects of droughts and prevention of artificial droughts.

5. When planning actions and designing constructions on collection and preserving flood and thawed snow preference shall be given to the measures providing the minimum losses of water on evaporation by their storage in the underground water-bearing horizons or hermetic reservoirs.

The construction of water storage basins for these purposes is allowed only in case of technical and economic inexpediency of storage of water in the underground water-bearing horizons or hermetic reservoirs.

6. Included in basin plans of protection and use of water resources of action for adaptation to negative effects of droughts and to prevention of artificial droughts, and also other actions taking into account features of regional conditions are provided by development plans for areas, cities of republican value, the capital.

Actions for adaptation to negative effects of droughts and prevention of artificial droughts of areas, cities of republican value, the capital entering the territory of one water management pool shall be approved and coordinated among themselves.

7. In the period of drought in the territories, subject drought and to lack of water, according to recommendations of basin councils by state bodies within their competences restrictions for some types of activity connected with use of water resources can be introduced and also be entered priorities according to this Code.

Section 2. Property right and other corporeal rights to objects of the water relations

Chapter 3. Objects of the water relations

Article 11. Objects and subjects of the water relations

1. Objects of the water relations are the water fund and water resources containing in it, water management and hydraulic engineering constructions, the earth of water fund and the water protection zones.

2. Lands of water fund the lands occupied with superficial water objects and also the lands allocated under the water preserving strips of superficial water objects and zone of sanitary protection of water intaking constructions of drinking water supply are recognized.

3. Subjects of the water relations are physical persons and legal entities and their associations which activities are connected with objects of the water relations, and also state bodies.

Article 12. Property right to water fund and earth of water fund

1. Set of the superficial and underground water objects within the territory of the Republic of Kazakhstan included or which are subject to inclusion in the state water inventory forms water fund.

2. The right of possession, uses and orders of water fund and lands of water fund for the benefit of the people of the Republic of Kazakhstan performs the state.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info