WATER CODE OF THE KYRGYZ REPUBLIC

of January 12, 2005 No. 8

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 9, 2004

Chapter 1. General provisions

Article 1. Purpose and tasks

1. This Code governs the water relations in the field of use, protection and development of water resources for the guaranteed, sufficient and safe supply with water of the population of the Kyrgyz Republic, environmental protection and ensuring rational development of water fund of the republic.

2. For the purpose of realization of this Code the basic principles of water resources management are established; bases of state policy are determined by water; competence of state bodies, local government bodies on water resources management and water objects is established; the system of measures for development of National water strategy and plans for use of water resources is created; use of surface, underground water and payment for their use is regulated; measures for protection of water resources from pollution and depletion are determined; provisions on the emergency situations relating to water resources and safety of dikes are entered; water management and irrigational sectors are regulated; provisions on use and about property of lands of water fund are established, creation of the state water inspection is provided and powers and obligations of the state water inspectors are established; offenses when using water resources are determined, the relation of this Code to obligations of the Kyrgyz Republic is determined by international law.

Article 2. The main terms and determinations applied in this Code

The terms and determinations applied in this Code mean:

consolidation (association) of water users (further - AVP) - the organization established by water users for the purpose of operation and content of irrigational systems;

basin water administration - the territorial authority of public water administration responsible for water resources management in hydrogeographical boundaries of the main pool;

the basin plan - the plan for development, use and protection of water resources in borders of certain main pool;

basin council - representative body for the solution of questions in the main pool on use, protection and development of water resources;

coast - the earth strips adjoining natural water object, relating to lands of water fund;

water users - legal entities or physical persons of the Kyrgyz Republic, and also foreign physical persons and legal entities, including stateless persons;

water objects - any concentration of surface and underground water, including the rivers, streams, springs, lakes, swamps, glaciers and snow patches;

water resources of the Kyrgyz Republic - all waters which are in frontier of the Kyrgyz Republic;

water management constructions - water storage basins with dikes, channels, collectors, drains, ditches, hydraulic engineering constructions, protective dikes, aqueducts, pipelines, bridges, wells, pumping points, water supply systems with communications and other elements of infrastructure, including all taken-away parcels of land for their operation and maintenance;

water fund - set of all water objects, water resources and water management constructions, including lands of water fund;

the main pool - the territory in which all surface water falls into the main river or water object;

public water administration - specially created state body on water resources management of the Kyrgyz Republic;

state body on hydrometeorology - specially authorized state body which is taking part in preparation of information systems on water, monitoring of water resources and the state water inventory;

the paragraph the fifteenth ceased to be valid according to the Law of the Kyrgyz Republic of 10.10.2012 No. 170;

state body on environmental protection - specially authorized state body on environmental protection;

state body on emergency situations - specially authorized state body which is taking part in preparation, updating and implementation of plans for case of floods, mud flows and landslides;

the state sanitary and epidemiologic body - specially authorized state body providing determination of suitability of water for economic, drinking and household water use, approval of standards of waters in water objects;

drainage systems - the interconnected network of the opened and/or closed collectors and drains, hydraulic engineering constructions, wells of vertical drainage and other infrastructure, including all right-of-ways of lands allocated for ensuring content, operation and repair of drainage systems;

the annual delivery agreement of water - the document certifying the water user's right to certain amount of water for a period of one year;

pollutants - any substances, energy, objects or their combinations which are harmfully influencing health of the person, natural resources and ecosystems capable to do harm to the environment;

the earth of water fund - the lands occupied with reservoirs (the rivers, lakes, water storage basins, channels, drains), glaciers, swamps, hydraulic engineering and other water management constructions and also the lands allocated under branch strips;

irrigational systems - the interconnected network of irrigation canals, pipelines, hydraulic engineering constructions, pumping points, wells, water storage basins, ponds and reservoirs with the related roads, buildings, lines of electric transfers and other infrastructure, including all right-of-ways of lands allocated for ensuring content, operation and repair of irrigational systems;

the delivery contract of water - the document certifying the water user's right to certain amount of water for up to fifteen years;

National council on water - the state body coordinating the water relations in the Kyrgyz Republic, created by the Government of the Kyrgyz Republic;

body of local public administration - state body of the executive authority in the territory of the area and the area;

local government bodies - the representative, executive bodies providing the solution of questions of local value;

waste - any substances or objects which the owner intends or dumps irrespective of their value, and any substances or objects determined by instructions as production wastes and consumption;

payment according to the delivery contract of water - the payment levied by the supplier of water from the owner of the contract according to the annual agreement on water supply;

payment for use of water as for natural resource - the payment established by the legislation of the Kyrgyz Republic;

payment for irrigational services - charge rate for supply of irrigation water to the water user in zone of responsibility of local self-government, association of water users or other person, in case of absence of association of water users;

dike - the hydraulic engineering construction blocking water flow in water object for increase in water level before construction or for water accumulating, or for regulation of drain of water;

the supplier of water - territorial authority of public water administration or any other legal entity responsible for operation and the maintenance of irrigational system which is taking away and transporting water for giving to associations of water users or other person on the basis of the delivery contract of water;

the paragraph of the thirty second ceased to be valid according to the Law of the Kyrgyz Republic of 10.10.2012 No. 170;

permission to dumping - permission to dumping of pollutants or waste in water objects, collector and drainage systems, fields of irrigation, filtering and evaporation, land relief;

the servitude - the right of person to limited target use of the parcel of land which is in property or in use at other person;

the paragraph  the thirty fifth ceased to be valid according to the Law of the Kyrgyz Republic of 10.10.2012 No. 170;

the union of AVP - the non-profit organization established two or more AVP for joint management, operation and maintenance of the pipeline irrigational systems;

subsidies - the money provided to suppliers of water on non-paid and irretrievable basis for compensation of the losses suffered by them when implementing the productive activity according to the regulatory legal acts accepted by state bodies, local government bodies within realization of economic and social policy;

ecological drain - minimum admissible drain of water in water object, capable to provide preserving water ecosystem, without causing it significant damage;

works on protection of water resources mean works with the purpose:

- prevention or reducings dumping of pollutants or waste in water objects, water management constructions or the earth of water fund;

- elimination or placement of waste and pollutants;

- neutralizations or mitigations of the pollution caused by presence of pollutants or waste at water object, water management construction or lands of water fund;

- recoveries of condition of water object, water management construction or lands of water fund, including preserving availability of flora and fauna which was before hit of pollutants and waste in water object, water management construction or the earth of water fund if it is acceptable and practical;

the responsible person means person who:

- dumped pollutants or waste in water object, water management construction or the earth of water fund;

- dumped pollutants or waste to places from where they, according to the conclusion of state body on environmental protection, can get to water object, water management construction or the earth of water fund.

Article 3. Water legislation of the Kyrgyz Republic

2. Regulations of water law in other regulatory legal acts shall correspond to this Code.

3. In case of contradictions of the regulations of water law containing in regulatory legal acts, to provisions of this Code provisions of this Code are applied.

Article 4. Property on water resources and the earth of water fund

1. Water resources of the Kyrgyz Republic are exclusive and inalienable property of the state. Everyone has the right to use water resources within frontier according to provisions of this Code.

2. The earth of water fund, occupied with water objects or the state irrigational, drainage systems and water management constructions, are exclusive property of the state.

Article 5. Water resources management and basin approach

1. Water resources management is complex system of the measures, regulations and rules according to this Code and other regulatory legal acts providing development, rational use, protection of water resources and the environment, health protection of people, and also protection of settlements, the industrial territories and all types of property from dangerous influence of waters.

2. Basin approach means that management of use and protection of water resources is performed in the borders of the territory of the main pool by the hydrographic principle relating to the Lake Issyk Kul and the main rivers of the Kyrgyz Republic. The government of the Kyrgyz Republic based on offers of National council on water establishes zone of activities of each basin water administration and basin council. The made decision is published in official seal.

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