WATER CODE OF THE REPUBLIC OF KAZAKHSTAN

of July 9, 2003 No. 481-II

General part

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) waterway - the water object which is characterized by movement of water in the direction of bias in deepening of earth's surface;

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

2-1) culinary water - water in its natural state or after processing, meeting on quality the established national standards and hygienic standard rates, intended for drinking and economic and drinking needs of the population;

3) uncontested sources of drinking water supply - the sources of drinking water supply, single for water consumers, which replacement is not possible and is not reasonable;

3-1) drinking and (or) economic and drinking water supply (further - drinking water supply) - the engineering procedure providing fence, preparation, storage, transportation and giving of culinary water to water consumers;

3-2) limit of the Section of balance sheet accessory - the place of the Section of elements of water supply systems and water disposal between owners on the basis of property, economic maintaining or operational management which is specified on schemes;

4) the basin principle of management - the management of water fund for hydrographic signs realized in case of distribution of water resources within basins of the rivers, lakes and other water objects between administrative and territorial units;

4-1) dike - the retaining hydraulic engineering construction on waterway for raising of water-level and (or) creation of water storage basin;

4-2) certification of the organizations on the work right in the field of safety of dikes - official recognition of authorized body of competences of the legal entity by department to perform works in the field of safety of dikes;

4-3) safety of dike - condition of security of dike from catastrophic destruction;

5) hydromeliorative system - complex of technologically interconnected hydraulic engineering constructions, devices and the equipment intended for irrigation, watering and drainage of lands;

6) members of hydromeliorative condominium - the physical and (or) legal entities having on the right of private property or temporary paid use the parcel of land irrigated by one hydromeliorative system or its elements which is part of hydromeliorative condominium on the right of common ownership;

6-1) hydromeliorative actions - regulation of water regime of soils by means of hydromeliorative systems, and also separately located hydraulic engineering constructions;

7) hydraulic engineering constructions - the engineering constructions used for water resources management, water supply to water users, water supply and water disposal, the prevention of harmful effects of waters;

7-1) system of drinking water supply of settlements - the complex of the interconnected water objects and hydraulic engineering constructions combining water intaking, water treatment facilities, pure reservoirs, water pumping points and networks for providing water consumers with culinary water;

8) shore - strip of sushi along coast of water objects twenty meters wide from bank line for installation of navigation marks and the equipment with observance of ecological requirements;

9) the coastline - the line of the coast of water object which is formed as a result of the maximum inflow (high flood);

9-1) underground waters - concentrations of the waters which are in subsoil;

10) the groundwater reservoir - set of the water-bearing horizons located in subsoil;

11) fields and sites of underground waters - parts of the water-bearing horizons within which there are favorable conditions for production and extraction of underground waters;

12) economic and drinking underground waters - underground waters, on the quality in natural state or after processing meeting the normative requirements and intended for drinking and economic needs of the person or for production of drinking products;

13) surface water objects - permanent or temporary concentration of waters on land surface in the forms of its relief having borders, amount and water regime;

13-1) admissible concentration of hazardous substances - the size of admissible hazardous substance content in the drain waters of the water consumer dumped in system of water disposal;

13-2) authorized body in the field of municipal services - the central actuator performing management and cross-industry coordination in the field of water supply and water disposal within settlements;

13-3) 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) for the purpose of the prevention of harmful effects of waters;

14) return waters - the underground and surface waters which are flowing down from the irrigated territories or the waters dumped by industrial enterprises, installations of household water supply and the utility companies;

15) tubular filter well - the pipe piece with number of openings hammered into the water-bearing horizon, the first from surface;

16) the reclaimed lands - lands on which meliorative events are held (agrolesomeliorativny, agrotechnical, hydromeliorative, chemical);

17) mineral underground waters - underground waters which on the structure and (or) content of some specific components make positive balneological impacts;

18) the channels equated to the rivers - the artificial features intended for transfer of water from one pool in another and also from one river system in another;

18-1) industrial underground waters - the underground waters which are used for extraction of the minerals containing in them (rare elements, halogens and others);

19) technological underground waters - underground waters which on the quality and physical properties are used or can be used for technological water supply;

19-1) limit of the Section of operational responsibility - the place 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;

20) zone of sanitary protection - specially allocated territory around source of water supply and water constructions in which the set mode for the purpose of protection of source of water supply (open and underground), water constructions and the territory surrounding them from pollution for the prevention of quality degradation of water shall be observed;

21) sewage - the waters which are formed as a result of economic activity of the person or in the contaminated territory, dumped in natural or artificial water objects or on land relief;

21-1) complexes of treatment facilities of drain waters - constructions of mechanical and biological purification of sewage of settlements using or without use of chemical reagents, including the artificial water objects intended for natural biological purification of sewage;

21-2) artificial water objects intended for natural biological purification of sewage - ponds stores, ponds evaporators, biological ponds, fields filterings, fields irrigations;

22) the irrigation canal - the artificial feature intended for transportation of water from irrigation sources to the sites requiring irrigation;

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

23-1) local treatment facilities of water disposal - set of constructions and the water consumer's devices for purification of own sewage;

24) system of water disposal - the complex of engineering networks and constructions intended for collection, transportation, cleaning and removal of sewage;

25) apportionment point - the place of intake of water the water user from water source, and also hydropost in the place of transfer of water resources from the water user to the water consumer;

25-1) metering device of water - the technical tool for measurement of amount of water (drinking, technical, waste and other types of waters) having the normalized metrological characteristics, reproducing and storing unit of physical quantity during certain time interval, allowed for use for commercial accounting of water according to the procedure, established by the legislation of the Republic of Kazakhstan;

25-2) commercial accounting of water - the accounting of amount of water necessary for settlement between agreement parties on water supply and (or) water disposal;

26) the catchment area - the territory within which borders water resources of water object is created;

27) releases - periodic or incidental water supply from water storage basin for regulation of expense or water-level on the underlying site of waterway or water-level in the water storage basin;

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

29) the water preserving strip - the territory at least thirty five meters wide within the water protection zone, adjacent to water object on which the mode of limited economic activity is set;

30) authorized body in the field of use and protection of water fund, water supply, water disposal (further - authorized body) the state body performing management function and control in the field of use and protection of water fund, water supply, water disposal outside settlements;

31) the earth of water fund - the earth:

occupied with water objects (the rivers and canals equated to them, lakes, water storage basins, ponds and other internal reservoirs, territorial waters, glaciers, swamps) and the water management constructions for regulation of drain located on water sources;

allocated under the water preserving strips of water objects;

allocated under zones of sanitary protection of water intaking systems of drinking water supply;

31-1) inputs of water supply system - the pipeline from distribution network of water supply, including well with shutoff valves in connection point, to the first latch in the building;

32) waters - set of all waters concentrated in water objects;

33) harmful effects of waters - the flood, flooding, flooding and other negative influence of waters causing approach or threat of emergence of emergency situations of natural and technogenic nature;

34) wetlands - areas of swamps, hair dryers, peat grounds or reservoirs: natural or artificial, permanent or temporary, standing or flowing, fresh, saltish or salty, including sea water areas which depth in case of outflow does not exceed six meters;

35) water supply - set of the actions providing fence, storage, preparation, giving and distribution of water through water supply systems to water consumers;

36) especially important group and local water supply systems - the group and local water supply systems of culinary water having priority and the social importance and referred to category of especially important water supply systems by authorized body;

36-1) organization for water supply and (or) water disposal - the water management organization performing operation of water supply systems and water disposal in settlements;

37) water supply system - the complex of engineering networks and constructions intended for fence, storage, preparation, giving and distribution of water to places of its consumption;

38) protection of water objects - the activities directed to preserving, recovery and reproduction of water objects, and also to non-admission of harmful effects of waters;

39) use of water objects - extraction of useful natural properties of water objects for satisfaction of material or other requirements of physical persons and legal entities;

40) the pool of water object - the territory including catchment areas hydraulically of the connected reservoirs and water currents;

41) water use - use of water resources according to the procedure, established by the legislation of the Republic of Kazakhstan, for satisfaction of own needs and (or) commercial interests of physical persons and legal entities;

42) the water user - physical person or legal entity which according to the procedure, established by the legislation of the Republic of Kazakhstan, is granted right to use of water resources for satisfaction of own needs and (or) commercial interests;

43) water regime - time history of levels, expenses and amounts of water in water objects and soils;

43-1) standard rates of quality of water - limiting quantitative indices of hydrochemical, microbiological, physical characteristics of water which shall be observed for achievement of target indicators of condition of surface water objects;

44) the water servitude - the right of limited use of water object;

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

46) the water-engineering system - group of technologically connected hydraulic engineering constructions of different function located in one alignment;

46-1) specific regulation of water consumption or water disposal - assigned amount of the consumed or taken away drain water per unit of the made products (on certain amount of attended operation) in case of water use of physical persons and legal entities;

46-2) enlarged regulation of water consumption or water disposal - specific regulation of water consumption or water disposal for economy industry;

47) the water consumer - the physical person or legal entity consuming water from water objects or using services of the water management organizations and receiving water from water supply systems;

48) water conservation - the system of measures providing rational and effective use of water resources;

49) water economy - the economy industry connected with use, protection and reproduction of water objects;

50) water management system - complex of the interconnected water objects and hydraulic engineering constructions;

51) safety of water management systems and constructions - properties of elements of water management systems, constructions allowing to provide protection of life, health and legitimate interests of people, the environment and economic objects;

52) safety control of water management systems and constructions - development and implementation of measures for the prevention of emergence of accidents of water management systems and constructions;

53) criteria of safety of water management systems and constructions - the extreme values of technical performances of condition of water management systems and constructions, conditions of their operation corresponding to admissible risk level of emergence of accidents of water management systems and constructions;

54) water management constructions - artificially created hydraulic engineering constructions and devices for the purpose of regulation of use and water resources protection, water supply, water disposal and elimination of harmful effects of waters;

55) the water management organizations - legal entities whose activities are connected with regulation, delivery, reproduction of waters, water supply, water disposal and operation of water objects;

56) water-bearing zones, the horizons and complexes of rocks - the waters concentrated in cracks and time of rocks and which are in hydraulic communication;

56-1) thermal waters - underground waters with temperature over 20 °C;

57) cross-border impact - the harmful effects resulting from the quantitative or high-quality change of cross-border waters caused by activities of the person which physical source is located fully or partially in the territory of the adjacent state or neighboring states;

57-1) No. 101-VII ZRK is excluded according to the Law of the Republic of Kazakhstan of 03.01.2022

58) alignment - the section of the river on which water-engineering system constructions are located;

59) 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 waters;

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

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. If the international treaties ratified by the Republic of Kazakhstan establish other rules, than those which contain in this Code then are applied rules of international treaties.

Article 3. Purposes and tasks of the water legislation of the Republic of Kazakhstan

1. The purposes of the water legislation of the Republic of Kazakhstan are achievement and maintenance of ecologically safe and economically optimum level of water use and protection of water fund, water supply and water disposal for preserving and improvement of vital conditions of the population and the environment.

2. Tasks of the water legislation of the Republic of Kazakhstan:

1) carrying out state policy in the field of use and protection of water fund, water supply and water disposal;

2) regulation of the water relations, relations in the field of water supply and water disposal;

3) providing the legal basis of support and development of steady water use and protection of water fund, water supply and water disposal;

4) determination of the basic principles and directions of use and protection of water fund, water supply and water disposal;

5) management of the relations in the field of studying, investigations, rational and complex use and water resources protection, hydromeliorative systems and water management constructions;

6) determination of development trends of hydroland reclamation;

7) protection of the population and subjects to managing against emergency situations on water management constructions and the effects caused by them.

Article 4. Water fund of the Republic of Kazakhstan

The water fund of the Republic of Kazakhstan includes set of all water objects within the territory of the Republic of Kazakhstan included or which are subject to inclusion in the state water inventory.

Article 5. Water objects

The concentrations of waters in reliefs of land surface and subsoil of the earth having borders, amount and water regime belong to water objects of the Republic of Kazakhstan. Them are: the seas, the rivers equated to them canals, lakes, glaciers and other surface and underground water objects.

Article 6. Water resources

Water resources of the Republic of Kazakhstan represents inventories of the surface and underground waters concentrated in water objects which are used or can be used.

Article 7. Earth of water fund

1. The earth of water fund belong to the people of Kazakhstan. On behalf of the people of Kazakhstan the property right performs the state. At the same time implementation of the property right by the state is implemented through the mode of state-owned property for the benefit of the people of Kazakhstan.

2. The parcels of land from structure of lands of water fund occupied with water management constructions (irrigating and drainage systems) of interdistrict (regional) and intereconomic (district) value and also the irrigational constructions servicing the parcel of land of one business entity can be in private property of citizens and non-state legal entities of the Republic of Kazakhstan in case of privatization of the specified constructions.

3. The parcels of land listed in Item 2 of this Article, servicing two and more owners of the parcels of land or land users are provided to them on the right of common property or general land use.

4. The procedure for provision of lands for water fund in property or land use is regulated by the land legislation of the Republic of Kazakhstan.

Article 8. Property right to water fund of the Republic of Kazakhstan

1. The property right to water fund of the Republic of Kazakhstan is performed only by the state for the benefit of the people of Kazakhstan.

2. For the benefit of the people of Kazakhstan the right of possession, uses and orders of water fund performs the Government of the Republic of Kazakhstan.

3. The actions of physical persons and legal entities violating the right of state-owned property to water objects are invalid and attract the responsibility provided by the laws of the Republic of Kazakhstan.

Article 9. Principles of the water legislation of the Republic of Kazakhstan

The water legislation of the Republic of Kazakhstan is based on the following principles:

1) recognitions of the state value of the waters which are basis of life and activities of the population;

2) first-priority providing the population with culinary water in necessary quantity and guaranteed quality;

3) fair and equal access of the population to water;

4) complex and rational water use with development of the current technologies allowing to reduce intake of water and to reduce harmful effects of waters;

5) uses of water objects in complex with their protection;

6) paid nature of special water use;

7) the damages caused by violation of the water legislation of the Republic of Kazakhstan;

8) inevitability of responsibility for violation of the water legislation of the Republic of Kazakhstan;

9) publicity and involvement of the public to the solution of tasks on use and protection of water fund;

10) availability of information on condition of water fund of the Republic of Kazakhstan;

11) uses of cross-border waters on the basis of the international standards and international treaties ratified by the Republic of Kazakhstan;

12) continuity and coherence of water supply and water disposal during the designing and construction;

13) paid nature of services of water supply and (or) water disposal.

Article 10. The relations in the field of use and protection of water fund, water supply and water disposal regulated by water and other legislation of the Republic of Kazakhstan

1. The water legislation of the Republic of Kazakhstan governs the relations in the field of use and protection of water fund, management of water fund and water management systems, water supply and water disposal, safety of dikes, carrying out hydromeliorative works and other water relations.

2. The relations regarding lands, the woods, plant and animal life, atmospheric air arising during the using and protection of water objects are regulated by the special legislation and this Code.

3. The relations arising during the ensuring ecological, sanitary and epidemiologic safety of water objects and prevention of harmful effects of economic and other activity on natural water ecosystems are regulated by the ecological legislation of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan on sanitary and epidemiologic wellbeing of the population, and also this Code.

4. The relations in the field of the state geological studying and investigation of underground waters, protection of underground constructions from harmful effects of waters are regulated respectively by the Code of the Republic of Kazakhstan "About subsoil and subsurface use" and the legislation of the Republic of Kazakhstan on civil protection.

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