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Almaty, Kazakhstan
What's new?
Kazakhstan's Water Code Draft for 2024
28.05.26
Introduction
Water resource management is a strategically vital component of national security and a key resource for development. According to Article 1, Paragraph 2 of the Environmental Code of the Republic of Kazakhstan, public relations arising in the field of natural resources use, their conservation, restoration, and reproduction, to the extent applicable, are regulated according to the type of a natural resource involved.
The primary legislative act governing the regulation of water resources in Kazakhstan is the Water Code.
Water resource management is a strategically vital component of national security and a key resource for development. According to Article 1, Paragraph 2 of the Environmental Code of the Republic of Kazakhstan, public relations arising in the field of natural resources use, their conservation, restoration, and reproduction, to the extent applicable, are regulated according to the type of a natural resource involved.
The primary legislative act governing the regulation of water resources in Kazakhstan is the Water Code.
What's new?
Kazakhstan's Water Code Draft for 2024
28.05.26
Introduction
Water resource management is a strategically vital component of national security and a key resource for development. According to Article 1, Paragraph 2 of the Environmental Code of the Republic of Kazakhstan, public relations arising in the field of natural resources use, their conservation, restoration, and reproduction, to the extent applicable, are regulated according to the type of a natural resource involved.
The primary legislative act governing the regulation of water resources in Kazakhstan is the Water Code.
Water resource management is a strategically vital component of national security and a key resource for development. According to Article 1, Paragraph 2 of the Environmental Code of the Republic of Kazakhstan, public relations arising in the field of natural resources use, their conservation, restoration, and reproduction, to the extent applicable, are regulated according to the type of a natural resource involved.
The primary legislative act governing the regulation of water resources in Kazakhstan is the Water Code.
The current Water Code of the Republic of Kazakhstan was adopted in 2003 and has since been amended more than 70 times. It is noted that the existing Water Code primarily focuses on the economic use of water resources, treating water to achieve economic benefits, such as in agriculture. According to data from the National Bureau of Statistics, the level of water losses in agriculture through water transport channels was 51% in 2022. Moreover, the legislation weakly incentivises water users to adopt water-saving technologies and use water efficiently.
Currently, significant technical and economic challenges exist in all segments and stages of water use, as well as deficiencies in the legal relations, regulatory control, and the development of strategies and plans, all of which require adequate addressing. These issues are significant obstacles to sustainable development and strategic security of Kazakhstan. Given that half of Kazakhstan’s river flow is formed outside the country’s borders, the reduction of water volumes in important transboundary rivers underscores the special importance of water diplomacy and cross-border cooperation in water resource management.
For this reason, during a special government meeting on 8 February 2022, the President of the Republic of Kazakhstan instructed the new Ministry of Water Resources and Irrigation to develop a Draft of a new Water Code.
On 5 February 2024, the Government of the Republic of Kazakhstan approved the Concept for the Development of the Water Resource Management System of the Republic for 2024–2030. On 18 March 2024, the First Deputy Minister of Water Resources and Irrigation, Bolat Bekniyaz, presented the Draft of Water Code to the deputies of the Mazhilis.
What Changes are Expected in the New Water Code?
The new Water Code aims to protect water resources from depletion and pollution to ensure the country’s water resource potential. It seeks to create a more efficient and transparent system of state regulation and management in the field of water fund protection and use, with the goal of improving legal framework and mechanisms for implementing a unified state policy to ensure water security in the country, including in the interests of future generations.
The Code revises approach to water resource management in favour of prioritising the conservation of the country’s water potential and recognising the economic value of water. It aims to delineate and clarify the competencies of the authorised body and other state bodies through the coordinating role of the authorised body, strengthening the role of society and science in the formation and implementation of state policy, and introducing other measures of legislative regulation.
The new Water Code will regulate the following main areas:
Main Differences of the New Water Code
Government support in the form of subsidies and reduced tariffs for water supply services will be provided for the use of water-saving technologies in agriculture and industry, depending on the integration degree of such.
Moreover, it is anticipated that the re-treated wastewater will be one of the sources of water supply and will be actively used across various economy sectors.
A separate article in the Water Code proposes to expand the forms of state control through legislation. These forms include preventive control with and without on-site visits, inspections for compliance with qualification or permitting requirements, and unscheduled inspections. These tasks will be carried out by a state water inspector, and the developer of the Code promises that micro and small businesses will be subject to preventive control no more than twice a year.
The law not only aims to protect and conserve water resources but also considers modern challenges associated with water scarcity and climate change. Innovative initiatives, such as enhancing the management of transboundary water use, improving drinking water quality, and modernising infrastructure, will enable effective distribution and protection of water resources. The role of basin councils in resolving water disputes and implementing agreements highlights the need for different levels of management and interaction between stakeholders.
Additionally, the Water Code introduces the terms "interested parties" and the “interest of society” in establishing water protection zones and publishing information about the water fund, which is a significant step towards transparency and accountability for water users. It is expected that this measure to improve the quality of water supply in remote areas will help ensure fair access to water for the health and well-being of local population.
The current Draft of the Code also provides for special regimes related to zones of emergency environmental situation or of ecological disasters on water bodies and prohibits commissioning of facilities that negatively affect the state of water bodies.
Criticism of the Draft Water Code
Criticism of the Draft Water Code includes issues regarding the safety of hydraulic structures for irrigation and drainage, drinking water, and water supply. It is noted that hydroelectric power plants are included among hydraulic structures, which creates certain discussions regarding the use of water resources for generating energy from renewable sources.
Another significant issue not adequately addressed in the Water Code Draft is the impact of climate change on water resources and measures to adapt to the risks they pose.
Nevertheless, the work on the new Water Code reflects Kazakhstan’s desire not only to solve current water supply problems but also to ensure the country’s long-term development and sustainability. The adoption of the Code is expected to create conditions for achieving a balance between the tasks of preserving the water fund and providing water to the population, including sectors of the economy, thereby ensuring the sustainable development of the country. Thus, the adoption would be an important step towards sustainable water resource management in Kazakhstan.
The Draft Water Code is currently under revision, and the Draft can be reviewed here.
The Ministry of Water Resources and Irrigation has developed a Draft of the new Water Code, which has been submitted to the Mazhilis of the Parliament. It is expected that the Water Code itself will be submitted to the President of the Republic of Kazakhstan for signature by the end of 2024.
Information Reference:
According to the National Development Plan, Kazakhstan ranks among the top 15 countries in terms of per capita water consumption, with most water withdrawals used for irrigation in agriculture. The specific water consumption for irrigation is quite high, exceeding the levels of climatically comparable countries by 2–3 times. Almost universally, inefficient water use is due to low water tariffs that do not encourage the adoption of water-saving practices and technologies. The deteriorating water management system and insufficient water accounting lead to high water losses (up to 40%) during transportation.
Kazakhstan's main water resources are provided by surface waters—river flows, lakes, and glaciers. At the same time, the level of water security in the country is declining and significantly lags behind other countries. Since half of Kazakhstan’s river flow is formed outside the country, the reduction in volumes of important transboundary rivers underscores the special importance of water diplomacy and transboundary cooperation in water resource management.
As part of the priority to address the growing threat of water scarcity in Section 4.3, the National Development Plan of Kazakhstan aims to reduce the imbalance between water consumption and water resource levels, decrease per capita water consumption by 1.5 times, maintain the country's river flow level, and increase the volumes of alternative water sources used by 2029. The main tasks are to improve water use efficiency in agriculture, establish interstate cooperation on water resource management issues, modernise water management infrastructure, use alternative water sources, and apply modern technologies.
Currently, significant technical and economic challenges exist in all segments and stages of water use, as well as deficiencies in the legal relations, regulatory control, and the development of strategies and plans, all of which require adequate addressing. These issues are significant obstacles to sustainable development and strategic security of Kazakhstan. Given that half of Kazakhstan’s river flow is formed outside the country’s borders, the reduction of water volumes in important transboundary rivers underscores the special importance of water diplomacy and cross-border cooperation in water resource management.
For this reason, during a special government meeting on 8 February 2022, the President of the Republic of Kazakhstan instructed the new Ministry of Water Resources and Irrigation to develop a Draft of a new Water Code.
On 5 February 2024, the Government of the Republic of Kazakhstan approved the Concept for the Development of the Water Resource Management System of the Republic for 2024–2030. On 18 March 2024, the First Deputy Minister of Water Resources and Irrigation, Bolat Bekniyaz, presented the Draft of Water Code to the deputies of the Mazhilis.
What Changes are Expected in the New Water Code?
The new Water Code aims to protect water resources from depletion and pollution to ensure the country’s water resource potential. It seeks to create a more efficient and transparent system of state regulation and management in the field of water fund protection and use, with the goal of improving legal framework and mechanisms for implementing a unified state policy to ensure water security in the country, including in the interests of future generations.
The Code revises approach to water resource management in favour of prioritising the conservation of the country’s water potential and recognising the economic value of water. It aims to delineate and clarify the competencies of the authorised body and other state bodies through the coordinating role of the authorised body, strengthening the role of society and science in the formation and implementation of state policy, and introducing other measures of legislative regulation.
The new Water Code will regulate the following main areas:
- Establishing the priority of water fund protection over its use;
- Revising the tasks and competencies of state bodies in the water resource management system;
- Encouraging water users to implement water-saving measures;
- Strengthening the role of society and science in water resource management;
- Creating a National Water Resource Information System;
- Introducing state supervision in the field of water fund protection and use;
- Addressing issues of planning, monitoring, accounting, protection, and standardisation of water resources.
Main Differences of the New Water Code
- A new article on water security in Kazakhstan has been introduced. It focuses on water conservation and addresses potential problems in the event of water shortages.
- The responsibilities of representatives from territorial subdivisions of authorised bodies to participate in basin council meetings have been added. Basin councils will not only discuss current issues but also the progress of implementing basin agreements and resolving water disputes.
- A new point has been added to the article on the principles of water legislation, concerning the protection of the interests of the Republic of Kazakhstan in protection and use of transboundary water bodies.
- Rights and obligations of water users have been established through rules for water consumers, including their duties regarding water conservation and wastewater treatment.
- New measures have been provided to improve the quality of drinking water and ensure access to it for all segments of the population, especially in remote and rural areas, to address water supply issues.
- New measures have been proposed to improve water resource accounting and monitoring systems, modernise infrastructure, and introduce new technologies for water management.
Government support in the form of subsidies and reduced tariffs for water supply services will be provided for the use of water-saving technologies in agriculture and industry, depending on the integration degree of such.
Moreover, it is anticipated that the re-treated wastewater will be one of the sources of water supply and will be actively used across various economy sectors.
A separate article in the Water Code proposes to expand the forms of state control through legislation. These forms include preventive control with and without on-site visits, inspections for compliance with qualification or permitting requirements, and unscheduled inspections. These tasks will be carried out by a state water inspector, and the developer of the Code promises that micro and small businesses will be subject to preventive control no more than twice a year.
The law not only aims to protect and conserve water resources but also considers modern challenges associated with water scarcity and climate change. Innovative initiatives, such as enhancing the management of transboundary water use, improving drinking water quality, and modernising infrastructure, will enable effective distribution and protection of water resources. The role of basin councils in resolving water disputes and implementing agreements highlights the need for different levels of management and interaction between stakeholders.
Additionally, the Water Code introduces the terms "interested parties" and the “interest of society” in establishing water protection zones and publishing information about the water fund, which is a significant step towards transparency and accountability for water users. It is expected that this measure to improve the quality of water supply in remote areas will help ensure fair access to water for the health and well-being of local population.
The current Draft of the Code also provides for special regimes related to zones of emergency environmental situation or of ecological disasters on water bodies and prohibits commissioning of facilities that negatively affect the state of water bodies.
Criticism of the Draft Water Code
Criticism of the Draft Water Code includes issues regarding the safety of hydraulic structures for irrigation and drainage, drinking water, and water supply. It is noted that hydroelectric power plants are included among hydraulic structures, which creates certain discussions regarding the use of water resources for generating energy from renewable sources.
Another significant issue not adequately addressed in the Water Code Draft is the impact of climate change on water resources and measures to adapt to the risks they pose.
Nevertheless, the work on the new Water Code reflects Kazakhstan’s desire not only to solve current water supply problems but also to ensure the country’s long-term development and sustainability. The adoption of the Code is expected to create conditions for achieving a balance between the tasks of preserving the water fund and providing water to the population, including sectors of the economy, thereby ensuring the sustainable development of the country. Thus, the adoption would be an important step towards sustainable water resource management in Kazakhstan.
The Draft Water Code is currently under revision, and the Draft can be reviewed here.
The Ministry of Water Resources and Irrigation has developed a Draft of the new Water Code, which has been submitted to the Mazhilis of the Parliament. It is expected that the Water Code itself will be submitted to the President of the Republic of Kazakhstan for signature by the end of 2024.
Information Reference:
According to the National Development Plan, Kazakhstan ranks among the top 15 countries in terms of per capita water consumption, with most water withdrawals used for irrigation in agriculture. The specific water consumption for irrigation is quite high, exceeding the levels of climatically comparable countries by 2–3 times. Almost universally, inefficient water use is due to low water tariffs that do not encourage the adoption of water-saving practices and technologies. The deteriorating water management system and insufficient water accounting lead to high water losses (up to 40%) during transportation.
Kazakhstan's main water resources are provided by surface waters—river flows, lakes, and glaciers. At the same time, the level of water security in the country is declining and significantly lags behind other countries. Since half of Kazakhstan’s river flow is formed outside the country, the reduction in volumes of important transboundary rivers underscores the special importance of water diplomacy and transboundary cooperation in water resource management.
As part of the priority to address the growing threat of water scarcity in Section 4.3, the National Development Plan of Kazakhstan aims to reduce the imbalance between water consumption and water resource levels, decrease per capita water consumption by 1.5 times, maintain the country's river flow level, and increase the volumes of alternative water sources used by 2029. The main tasks are to improve water use efficiency in agriculture, establish interstate cooperation on water resource management issues, modernise water management infrastructure, use alternative water sources, and apply modern technologies.