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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 2, 2015 No. 92

About approval of the Regulations on protection of underground waters in the Kyrgyz Republic

(as amended of the Order of the Government of the Kyrgyz Republic of 18.01.2018 No. 31)

For the purpose of optimization of the regulatory legal base in the field of protection and use of underground waters in the Kyrgyz Republic, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Water code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About water", "About subsoil", "About drinking water" and "About environmental protection" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on protection of underground waters in the Kyrgyz Republic according to appendix.

2. This Resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

J. Otorbayev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of March 2, 2015 No. 92

Regulations on protection of underground waters in the Kyrgyz Republic

1. General provisions

1. This Provision determines procedure for use and protection of underground waters in the territory of the Kyrgyz Republic.

2. The provision is intended for all legal entities or physical persons of the Kyrgyz Republic, and also foreign physical persons and legal entities, including the persons without citizenship (further - water users) using water supply by underground waters for own purposes and on the organizations performing construction and well-drilling regardless of legal forms and patterns of ownership.

2. Terms and determinations

3. In this Provision the following basic concepts are applied:

underground waters - all fresh and mineral and thermal waters which are below the Earth's surface;

ground waters - the free-flow underground waters located over surface of the first waterproof horizon;

deep-well (pressure head) waters - underground waters of the deep water-bearing horizons when which opening water level is established above the Earth's surface or depth of opening;

the gushing forth (self-streaming) well - well, kaptiruyushchy the pressure head water-bearing horizons when which opening water level is established above the Earth's surface;

water intaking construction - the hydraulic engineering construction for water intake from underground sources of water supply (well, spring, subriver-bed drain);

zone of sanitary protection - the territory and (or) the water area within which the specific mode of economic and other activity for the purpose of protection of source of drinking water supply, water constructions and drinking water against pollution is set;

monitoring - system of the regular observations and control made according to certain program for assessment of safety of water and identification of changes;

the supervisory network - the wells drilled for observation of condition (pollution) of underground waters;

nadkaptazhny constructions - constructions of land or underground execution for protection of headstall and the mouth of wells and exits of springs;

protection of underground waters - system of the actions directed to prevention and elimination of effects of pollution and depletion of waters, to preserving such high-quality and quantitative condition of underground waters which allows to use them for economic and drinking water consumption of settlements, industrial and other facilities of the republic;

the state control of protection of underground waters - system of measures for ensuring accomplishment of the nature protection legislation.

3. Protection of underground waters

4. Protection of underground waters includes:

- observance of the water legislation and other regulatory legal acts in the field of use and protection of waters;

- implementation of measures for prevention and liquidation of leakages of sewage and pollutants from the Earth's surface in the horizons of underground waters;

- increase in extent of sewage treatment and non-admission of dumping into waterways, reservoirs and underground water-bearing horizons of the crude sewage;

- strict observance of the requirements stated according to the procedure of carrying out investigation of underground waters, designing, construction and operation of water intakes of underground waters;

- systematic control of condition of underground waters and the surrounding environment, including on sites of water intakes and in regions of large industrial and agricultural hydrotechnical facilities;

- holding other water preserving actions for protection of underground waters.

5. The main objects of protection are: fields of fresh and mineral and thermal underground waters, the operated water-bearing horizons and water intaking constructions of economic and drinking and other appointment.

6. Responsibility for protection of underground waters from depletion and pollution by industrial, agricultural and household wastes, for observance of the set mode of operation of underground waters and zones of sanitary protection of water intaking constructions is born by the water users using underground waters and allowing their pollution.

7. Actions for protection of underground waters are subdivided on preventive and special.

8. Treat preventive actions:

- the choice of location of industrial or other facility excluding possibility of pollution of underground waters;

- the choice of the site under water intake or allocation of land under construction of industrial and agricultural facilities, sites, polygons of industrial and household wastes, water filterings, sludge collectors, tailings dams, pools settlers and evaporators of sewage, sole-and ash dumps, burials of the agricultural chemicals and other objects influencing or which can affect condition of underground waters;

- prevention of leakage of sewage from the Earth's surface;

- systematic control of condition of underground waters on network of the observation wells, carrying out monitoring of condition of underground waters;

- creation of zones of sanitary protection of water intaking constructions and observance of the water preserving mode within the established zones;

- reasons and respect for performance and the rational mode of operation of water intaking constructions excluding possibility of stock depletion of underground waters;

- creation of the forecast of change of condition and properties of underground waters after commissioning of industrial or other facility, water intaking construction.

9. Treat special events:

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