Kazakh President Kassym-Jomart Tokayev approved the country’s new Water Code, which is designed to reform water resources management and increase their protection. The development of the document was supervised by the Ministry of Water Resources and Irrigation, based on the principles of recognizing water as an essential part of the ecosystem, the basis of life and economics, the need to protect waters and prevent their depletion, as well as the importance of an integrated approach to the use of surface and groundwater. The Code also emphasizes the introduction of water-saving technologies, adaptation to climate change and the active involvement of society in water resources management.
For the first time, the concept «water safety» is being introduced into legislation, which includes measures to protect the population and economy from the consequences of water shortages and pollution. This term also covers the protection of Kazakhstan’s national interests in matters of use and protection of transboundary water bodies. To preserve aquatic ecosystems, a norm «ecological flow» is introduced, which determines the minimum required water level in rivers, lakes and seas to maintain their health.
The new code strengthens the requirements for the protection of water bodies, paying special attention to small rivers and lakes. A ban is being introduced on the construction of blind dams on small rivers so as not to disrupt their natural flow. A special protection regime is established for wetlands and glaciers as critical elements of the hydrological system. Local authorities are obliged to determine the boundaries of water protection zones and strips in all populated areas within two years to prevent pollution and development of coastal areas.
The document provides for the development of strategic plans for water resources management: the Master Plan for Integrated Management and Basin Plans. These plans will contain forecasts of water availability, define goals and measures for its rational use and protection. Their conclusions will become mandatory for consideration when developing government programs for economic and social development.
The powers of government bodies in the field of combating floods and droughts are clearly delineated. The Ministry of Water Resources and Irrigation will monitor the condition and operation of hydraulic structures during floods and ensure the direction of excess water to reservoirs and other storage facilities. The Ministry of Emergency Situations will deal with the prevention and elimination of the consequences of floods. Local executive bodies will be responsible for preventive measures, including cleaning and deepening river beds, as well as creating engineering infrastructure to protect populated areas and economic facilities from flood and melt water.
To increase transparency and awareness of citizens, a National Information Report on the state of water resources, measures for their protection and features of use will be published annually. Digitalization of the industry will be ensured through the creation of the National Water Resources Information System, the operator of which will be the Information and Analytical Center established last year.
The Code introduces incentive mechanisms for water conservation. Now, to obtain permission to use water, enterprises will need to submit a plan for a phased transition to recycled or recycled water supply. Five years are allotted for the implementation of this plan, and two years for its development from the date the code comes into force.
A separate chapter is devoted to the safety of hydraulic structures. It systematizes the issues of their registration, operation, regular examinations and safety declaration. Special safety regulations for such facilities will be developed.
Considerable attention is paid to public control over the use and protection of water resources. The role of basin councils is being strengthened, whose recommendations will become mandatory for consideration when developing plans and determining water use limits.
To combat the illegal use of water, the powers of basin water inspectorates are being expanded. They receive supervisory functions and the right to take prompt response measures to violations. Control is also being introduced over the performance by local authorities of their duties in the field of water relations.
At the same time, amendments to related legislation were initiated. It is proposed to tighten administrative liability for illegal water intake and introduce a new article for violating the rules for operating hydraulic structures. It is planned to ban mining in the Aral Sea and transfer additional functions for groundwater management to the Ministry of Water Resources.
The new Water Code comprehensively covers all aspects of Kazakhstan’s water industry, shaping a nationwide water conservation policy, stimulating scientific approaches, regulating water supply and sanitation, and the use of treated wastewater to improve the overall efficiency of water resources management.
