ORDER OF THE MINISTER OF WATER RESOURCES AND IRRIGATION OF THE REPUBLIC OF KAZAKHSTAN

of August 13, 2025 No. 197-HK

About approval of Rules of provision in property employment (lease) or trust management of the water management constructions which are in state-owned property

According to the subitem 8) Item 1 of article 23 of the Water code of the Republic of Kazakhstan, Item 2 of article 27 of the Law of the Republic of Kazakhstan "About legal acts", PRIKAZYVAYU:

1. Approve the enclosed Rules of provision in property employment (lease) or trust management of the water management constructions which are in state-owned property.

2. Declare invalid the order of the Minister of Agriculture of the Republic of Kazakhstan of March 31, 2015 No. 19-5/293 "About approval of Rules of provision in lease and trust management of water management constructions" (it is registered in the Register in state registration of regulatory legal acts No. 12235)

3. To provide to development department of water management constructions 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.

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

5. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order Minister of Water Resources and Irrigation of the Republic of Kazakhstan of August 13, 2025, No. 197-HK

Rules of provision in property employment (lease) or trust management of the water management constructions which are in state-owned property

Chapter 1. General provisions

1. These rules are developed according to the subitem 8) Item 1 of article 23 of the Water code of the Republic of Kazakhstan and determine procedure for provision in property employment (lease) or trust management of the water management constructions which are in state-owned property.

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

1) the employer (lessee) – physical and non-state legal entities if other is not provided by the laws of the Republic of Kazakhstan;

2) the lessor (lessor) – authorized body on state-owned property or local executive body the office of the akim of the city of district value, the village, settlement, rural district;

3) the guarantee fee – the sum of money granted physical or non-state legal by persons for participation in tender;

4) the founder of trust management (further – the founder) – authorized body on state-owned property or local executive body or the office of the akim of the city of district value, the village, settlement, rural district;

5) the trustee - physical persons and non-state legal entities if other is not provided by the laws of the Republic of Kazakhstan;

6) remuneration – the payments to the trustee performed at the expense of net income from trust management of the founder;

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

8) tender - form of the biddings on provision in property employment (lease) or trust management of the water management constructions which are in state-owned property, the lessor (lessor) or the founder who is carried out with use of the web portal of the register in electronic format in case of which shall on the basis of the original conditions accepted by it to sign the contract with that from participants of tender which will offer the best for the lessor (lessor) or the founder of the term of the contract;

9) the contest committee – collegiate organ, created by the lessor (lessor) or the founder for the organization and carrying out tender;

10) the participant of tender - the physical or non-state legal entity registered in the procedure established by these rules for participation in tender;

11) the asset holder - the state legal entity to whom the water management construction is assigned on the right of economic maintaining or operational management;

12) 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;

13) the single operator in the sphere of accounting of state-owned property (further – the single operator) – the legal entity with participation of the state in the authorized capital determined according to the order of the Government of the Republic of Kazakhstan of July 15, 2011 No. 802 "About determination of the single operator in the sphere of accounting of state-owned property" to who tasks on realization of single technical policy in the sphere of the organization and accounting of state-owned property are assigned;

14) the web portal of the register – information system of accounting of state-owned property, placed on the Internet to the address www.e-qazyna.kz, providing access to electronic services in provision to property employment (lease) or trust management of the water management constructions which are in state-owned property;

15) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

16) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

17) e-wallet – personal account of the participant in the web portal of the register for reflection of the money brought by it on the special transit account of the single operator.

3. Water management constructions are transferred to property employment (lease) or trust management for a period of five up to forty nine years, depending on useful lives of water management constructions, taking into account regulations of their depreciation in coordination with authorized body in compliance with subitem 24-3) of article 8 of the Law of the Republic of Kazakhstan "About natural monopolies" (further – the Law).

4. Provision of water management constructions in property employment (lease) and trust management is exercised by carrying out tenders on the web portal of the register in electronic format.

5. Condition of provision of water management constructions in property employment (lease) or trust management is their further use on purpose.

Use of water management constructions not on purpose is the basis for agreement cancelation of property hiring (lease) or trust management according to the decision of the lessor (lessor) or founder.

By transfer to property employment (lease) or trust management of water management constructions the requirement for ensuring preserving production cycle, and also obligation to take measures for protection of water objects from pollution, contaminations and depletions by the employer (lessee) or trustee is established.

Chapter 2. Procedure for provision of the water management constructions in property employment (lease) which are in state-owned property

6. Provision of water management constructions in property employment (lease) is performed on paid basis.

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