I.O'S ORDER. MINISTER OF WATER RESOURCES AND IRRIGATION OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2025 No. 101-HK

About approval of Instructions for use irrigation water

According to the subitem 38) of Item 1 of article 23 of the Water code of the Republic of Kazakhstan, I ORDER:

1. Approve the enclosed Instructions for use by irrigation water.

2. To provide to department of tariff policy of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Water Resources and Irrigation of the Republic of Kazakhstan.

4. This order becomes effective since June 10, 2025 and is subject to official publication.

Approved by the Order of the deputy. The Minister of Water Resources and Irrigation of the Republic of Kazakhstan of May 29, 2025 No. 101-HK

Instructions for use irrigation water

Chapter 1. General provision

1. These rules of use of irrigation water (further – Rules) are developed according to the subitem 38) of Item 1 of article 23 of the Water code of the Republic of Kazakhstan (further – the Code) and determine procedure for use of irrigation water.

2. In these rules the following basic concepts and terms are used:

1) the plan of water use – the document establishing amount, procedure and submission due dates of irrigation water to water consumers taking into account structure of the irrigated acreage, the modes of irrigation of crops and technical characteristics of irrigational networks;

2) the water metering device – the technical tool for measurement of amount of water (drinking, technical, waste and other types of waters) having the normalized metrological characteristics, allowed for use for commercial accounting of water according to the procedure, established by the legislation of the Republic of Kazakhstan;

3) 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;

4) the subconsumer – the consumer who is directly connected to engineering networks of the water consumer;

5) measuring instrument – the technical tool intended for measurements and having metrological characteristics;

6) specific regulation of water consumption – assigned amount of the consumed water per unit of the made products (on certain amount of the performed work or the rendered service);

7) rate – monetary value of cost of regulated service;

8) authorized body – Ministry of Water Resources and Irrigation of the Republic of Kazakhstan;

9) department of authorized body – Committee on regulation, protection and use of water resources of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan and basin water inspectorates for protection and regulation of use of water resources;

10) services of supply of irrigation water (further – Services) – transportation and distribution of water on conduits (channels, pipelines), and its giving to water consumers, including for irrigation;

11) 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;

12) apportionment point – the place of transfer of water resources from the water user to the water consumer;

13) intraeconomic irrigational systems – hydraulic engineering constructions for regulation of use of water resources for irrigation of agricultural sites of two and more land users or owners of the parcels of land provided with water from one irrigation canal or from its point of apportionment;

14) 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;

15) 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.

Other determinations and terms used in these rules are applied according to the current legislation of the Republic of Kazakhstan.

Chapter 2. Procedure for use of irrigation water

3. Rendering services is performed according to the Standard agreements of provision of regulated services (further – the Agreement) approved by the order of the Minister of Water Resources and Irrigation of the Republic of Kazakhstan of April 11, 2025 No. 59-HK (it is registered in the Register of state registration of regulatory legal acts for No. 35972), the legislation of the Republic of Kazakhstan on natural monopolies signed between water consumers and water users with observance of requirements taking into account plans of water use (further – plans) and allowed volumes of water use.

4. Water consumers in case of creation of plans consider the schemes of alternation (rotation) of crops developed according to the requirements established by the land legislation of the Republic of Kazakhstan.

5. Water users on the basis of the corrected plan submit annual applications for receipt of the allowed volume (limit) of water use to basin water inspections. Basin water inspections taking into account the forecast of water content of the year constituted by National hydrometeorological service and provisions of article 40 of the Code, and also accomplishment by the water user of the actions plan on reducing losses of water establish to the water user the allowed volume (limit) of water use for the corresponding year.

6. In case of change of the allowed volume (limit) of water use set to the water user on the bases provided by the Code, plans of water use are adjusted and brought into accord with again established allowed volumes (limits) of water use.

On the basis of the corrected plan of water use water users and water consumers make changes and additions to agreements on rendering services in supply of irrigation water depending on accomplishment by water consumers of actions plans on reducing losses.

7. The contract with water consumers is signed in individual procedure.

Provision of service without the conclusion of the agreement is not allowed.

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