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Water Code (No.481 of 2003).

Country/Territory
Kazakhstan
Document type
Legislation
Date
2003 (2023)
Source
FAO, FAOLEX
Subject
Water
Keyword
Basic legislation Surface water Groundwater Policy/planning Priorities Freshwater resources management Water charges Sewerage Industrial water use Liability/compensation Monitoring Transboundary effects Waterworks Water supply Irrigation Drainage/land reclamation Water rights Right to water Offences/penalties International relations/cooperation Human rights Climate change Local government
Geographical area
Aral Sea, Asia, Caspian Sea, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
The Law enters into force from the date of its official publication.
Abstract

The objectives of the water legislation of the Republic of Kazakhstan are to achieve and maintenance of ecologically safe and economically optimal water use and protection, water supply and sewerage for conservation and improvement of living conditions of the population and the environment. Objectives of the water legislation of the Republic of Kazakhstan shall be as follows: (a) implementation of state policy in the field of use and protection of state water fund, water supply and sewerage; (b) regulation of water relations, relations in the field of water supply and sewerage; (c) providing a legal basis for the support and development of sustainable water use and protection of water resources, water supply and sanitation; (d) determining the basic principles and directions of use and protection of water fund, water supply and sewerage; (e) management of relations in the field of study, prospecting, rational and integrated use and protection of water resources, irrigation and drainage systems, and water facilities; (f) determination of directions for the development of land reclamation; and (g) protection of the population and business facilities from emergency situations on waterworks and the consequences caused by them. Waterbodies of the Republic of Kazakhstan include concentrations of water in land surface reliefs and subsoil, which have boundaries, volume and water regime. They are seas, rivers, canals equivalent to them, lakes, glaciers and other surface and underground waterbodies. The water fund of the Republic of Kazakhstan includes the totality of all waterbodies within the territory of the Republic of Kazakhstan that are included or are subject to inclusion in the state water register. Water resources of the Republic of Kazakhstan shall be considered reserves of surface and groundwater concentrated in waterbodies that are used or can be used. Services of water supply and sewerage shall require payment of water charges. The water legislation of the Republic of Kazakhstan is based on the following principles: (a) acknowledgement of the state importance of waters, which are the basis of life and activity of the population; (b) priority provision of population with drinking water in necessary in necessary quantity and guaranteed quality; (c) equitable and equal access of population to water; (d) integrated and rational water use with the use of modern technologies allowing reduction of water abstraction and harmful impact of water; (e) use of waterbodies together with their protection; (f) payment for special water use; (g) compensation of damage caused by violation of water legislation; (h) inevitability of liability for violation of water legislation of the Republic of Kazakhstan; (i) transparency and public involvement related to use and protection of water fund; (j) accessibility of information on the condition of the water fund of the Republic of Kazakhstan; (k) transboundary water use on the basis of international norms and treaties; (l) continuity and interrelation of water supply and sewerage in the process of projecting and construction; and (m) payment for water supply and (or) sewerage services. The Law consists of 11 Sections composed of 32 Chapters that contain 146 articles. Section 1 (Chapters 1 and 2) lays down general provisions. Chapter 1 (arts. 1-10) lays down general provisions. Chapter 2 (arts. 11-21) specifies objects of water relations. Section 2 (Chapters 3 and 4) establishes the right of use of water objects, the right of property and other rights to waterworks. Chapter 3 (arts. 22-23) regards right of use of water objects. Chapter 4 (arts. 24-32) regards right of property and other rights to waterworks. Section 3 (Chapters 5-12) regards state regulation in the field of use and protection of water resources. Chapter 5 (arts. 33-35) regards state management in the field of use and protection of water resources. Chapter 6 (arts. 36-39) establishes competence of state institutions in the field of use and protection of water resources. Chapter 7 (arts. 40-43) regards basin management in the field of use and protection of water resources. Chapter 8 (arts.44-47) regards state planning in the field of use and protection of water resources. Chapter 9 (arts. 48-54) regards control and expertise in the field of use and protection of water resources. Chapter 10 (arts. 55-57) establishes requirements ensuring rational use, protection and improvement of water quality. Chapter 11 (arts. 58-61) regards state registration of surface water and groundwater, state water cadastre, state monitoring of water objects. Scientific and innovative and informational coverage of the rational use and protection of water resources. Chapter 12 (arts. 62-63) establishes rights and obligations of natural and legal persons and activity of social associations in the field of use of water resources. Sec.4 (Chapter 13) regards water use. Chapter 13 regards the right of water use. Section 5 (Chapters 14 and 15) regards organization of water economy. Chapter 14 regards water managing organizations. Chapter 15 regards state rationing in the field of use and protection of water resources. Sec.6 (Chapters 16-22) regards use of water basins and waterworks. Chapter 16 regards supply of potable water and water supply for domestic use. Chapter 17 regards recreational water uses. Chapter 18 regards agricultural water use. Chapter 19 regards industrial and energetic water uses. Chapter 20 regards use of waterworks for logging and fire prevention. Chapter 21 regards water use for fisheries and hunting. Chapter 22 regards use of water basins pertaining to protected areas. Section 7 (Chapters 23-26) regards protection of water objects and prevention of hazardous impact of water. Chapter 23 regards water protection activity. Chapter 24 regards small water objects and the particulars of their protection. Chapter 25 regards prevention of hazardous impact of water and liquidation of its consequences. Chapter 26 regards the modalities of carrying out work at water objects, water protection zones and belts. Section 8 (Chapter 27) regards the particulars of legal regulation of economic activity at water objects of special state importance. Section 9 (Chapter 28) establishes economic mechanism of regulation of use and protection of water resources. Chapter 28 establishes economic methods of regulation of water uses. Section 10 (Chapters 29-30) regards dispute settlement and establishes liability for the infringement of water legislation. Chapter 29 regards dispute settlement. Chapter 30 establishes liability for the infringement of water legislation. Sec.11 (Chapter 31 and 32) regards international cooperation. Chapter 31 regards use and protection of transboundary waters. Chapter 32 lays down final provisions. The Water Fund of the Republic of Kazakhstan includes the totality of all water bodies within the territory of the Republic of Kazakhstan, included or subject to inclusion in the state water register (Art. 5). The right of ownership to the water fund of the Republic of Kazakhstan is exercised exclusively by the state in the interests of the people of Kazakhstan (Art.8). The structure of management in the field of use and protection of the water fund, taking into account the complexity and subordination, is divided into the following levels: (a) interstate; (b) state; (c) basin; and (d) territorial (Art.33). Local executive bodies of regional self-government (cities of national significance, the capital): (a) carry out, within their competence, an assessment of vulnerability to climate change; (b) determine, within their competence, priorities and measures for adaptation to climate change; and (c) carry out, within their competence, measures to adapt to climate change (Art. 39). In the Republic of Kazakhstan, state, industrial and public control is exercised in the field of use and protection of the water fund (Art. 48).

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Website
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References - Legislation

Repeals

Water Code of the Republic of Kazakhstan.

Legislation | Kazakhstan | 1993

Keyword: Basic legislation, Freshwater resources management, Institution, Water conservation zone, Water rights, Water charges, Irrigation, Industrial water use, Hydropower generation, Effluent waste water/discharge, Freshwater pollution, Water supply, Pollution control

Source: FAO, FAOLEX

Implemented by

Ministerial Decree No. 144 validating the Regulation on state inspection of the use of water resources.

Legislation | Kazakhstan | 2004

Keyword: Surface water, Groundwater, Water abstraction, Water conservation zone, Waterworks, Inspection

Source: FAO, FAOLEX

Ministerial Decree No. 21 validating the Instruction on regulating water relations among provinces.

Legislation | Kazakhstan | 2004

Keyword: Surface water, Industrial water use, Contract/agreement, Water abstraction, Water rights

Source: FAO, FAOLEX

Ministerial Decree No. 19-02/183 validating the Regulation on mandatory registration of water use by local executive bodies of provinces, cities of national importance and the capital.

Legislation | Kazakhstan | 2012 (2017)

Keyword: Surface water, Groundwater, Water abstraction, Freshwater pollution, Waterworks, Water supply, Potable water, Registration, Local government, Pollution control

Source: FAO, FAOLEX

Order No. 260 of the Ministry of Ecology, Geology and Natural Resources validating the Regulation on performance of multifactor inspection of hydraulic structures and major equipment.

Legislation | Kazakhstan | 2020

Keyword: Waterworks, Equipment, Inspection, Hazards, Risk assessment/management

Source: FAO, FAOLEX

Order No. 178 of the Minister of Ecology, Geology and Natural Resources validating the Regulation on allotment of waterbodies for separate or joint use on a competitive basis.

Legislation | Kazakhstan | 2020

Keyword: Surface water, Freshwater resources management, Contract/agreement, Water rights

Source: FAO, FAOLEX

Order No. 37 of the Minister of Industry and Infrastructural Development validating the Regulation on classification of waterbodies as navigable waterways.

Legislation | Kazakhstan | 2020

Keyword: Surface water, Navigation, Classification/declassification

Source: FAO, FAOLEX

Amended by

Law No. 213 on amendments and addenda to some legislative acts dealing with ecological issues.

Legislation | Kazakhstan | 2007

Keyword: Authorization/permit, Emissions, Liability/compensation, Freshwater pollution, Pollution control

Source: FAO, FAOLEX

Law No. 222 on amendments and addenda to some legislative acts regarding licensing.

Legislation | Kazakhstan | 2007

Keyword: Viticulture/oenological practices, Pesticides, Authorization/permit, Water abstraction

Source: FAO, FAOLEX

Law No. 132-IV amending Water Code.

Legislation | Kazakhstan | 2009

Keyword: Surface water, Water supply, Water abstraction, Waterworks

Source: FAO, FAOLEX

Law No. 506-V amending some legislative acts related to migration of the Republic of Kazakhstan towards “green economy”.

Legislation | Kazakhstan | 2016

Keyword: Agricultural land, Drainage/land reclamation, Energy conservation/energy production, Renewable energy, Waste domestic sources, Waste non-domestic sources, Waste management, Protected area, Water conservation zone, Ecosystem preservation, Public forest, Surface water, Water abstraction, Water supply

Source: FAO, FAOLEX