This Code regulates relations regarding the rational use and protection of water, water bodies, water management facilities, and lands of the water fund.
Article 2. Main tasks of this Code
The main tasks of this Code are:
to achieve and maintain stable water supply for the population, sectors of the economy, and ecosystems;
to ensure rational management, use, and saving of water, taking into account climate change;
to protect waters from pollution, contamination, and depletion;
to prevent and eliminate harmful effects of water;
to improve the condition of water bodies;
to develop economic mechanisms in the field of water relations, including public-private partnership;
to protect the rights and lawful interests of legal entities and individuals in the field of water relations;
to develop interstate cooperation on water issues.
Article 3. Legislation on water
The legislation on water consists of this Code and other legislative acts.
If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation on water of the Republic of Uzbekistan, the rules of the international treaty shall apply.
Article 4. Basic concepts
The following basic concepts are used in this Code:
hydraulic structures — dams of reservoirs, dams on rivers, streams, canals, and collectors, barrages in riverbeds, water intake, water transmission, water discharge, and bank protection structures, hydroelectric power stations, pumping stations;
groundwater — waters of underground water bodies;
surface waters — waters of surface water bodies;
drinking water supply — delivery of drinking water to consumers through drinking water supply networks and/or by transport;
canals — water management facilities intended to supply water from a source to the boundary of water users;
collector-drainage waters — underground seepage waters and waste waters;
collector-drainage network — a water management facility intended to collect and discharge underground seepage waters and waste waters;
mineral waters — waters containing dissolved salts, microelements, as well as certain biologically active components that have a positive therapeutic effect;
waste waters — waters used for household, industrial or other needs and polluted with additional impurities that have changed their initial chemical composition and physical properties, as well as waters resulting from precipitation runoff from populated areas and industrial enterprises;
sanitary protection zone — territories adjacent to water facilities intended for drinking, domestic and health-improving purposes, used, being designed, under construction or reconstruction, which are established to ensure their sanitary and epidemiological reliability and have a protection regime;
coastal zone — territories within the water protection zone along natural surface water bodies, as well as used, being designed, under construction and reconstructed water management facilities, established along or around such water bodies to ensure their proper use, reconstruction, repair and restoration, as well as for rational management of water resources and their accounting, having a strict regime;
water supplier organization — a user organization of water management or another legal entity responsible for the use and maintenance of water management facilities, which has been granted the right, on the basis of a contract, to withdraw and deliver water to water users;
harmful effects of water — phenomena caused by the negative impact of water, such as washing away, destruction, flooding, waterlogging, siltation, swamping, salinization and other events;
water protection zone — natural areas adjacent to the beds or water areas of water bodies, where a special regime of use and economic activity is established to maintain the sanitary condition of waters at the necessary level, prevent their pollution and contamination, as well as siltation of water bodies with soil erosion products, and to create and maintain a favorable water regime;
water body — natural (ravines, streams, rivers, etc.) and artificial (open and closed canals, as well as collector-drainage networks) watercourses, natural (lakes, seas, groundwater deposits and aquifers) and artificial (reservoirs, mudflow reservoirs, ponds, etc.) water basins, as well as springs and other objects where water accumulates permanently or temporarily and which have specific forms and signs of water regime;
water quota — volume of water allocated to water supplier organizations and water users for several years;
water limit — volume of water allocated to water supplier organizations and water users for the vegetation and autumn-winter periods depending on the water content of water bodies (as a percentage of the water quota);
protection of water bodies — a system of measures aimed at preserving and restoring water bodies;
water regime — changes in water quality, level, flow velocity, discharge and volume over a unit of time;
water resources — groundwater and surface waters of water bodies used or that may be used;
water servitude — the right of limited use of a water body or part of it, including water protection zones;
irrigation network — a water management facility that delivers water from canals and other water bodies to irrigated areas of water users, as well as to other facilities, and is provided to water users for targeted use;
water fund — the totality of all waters accumulated in water bodies;
lands of the water fund — lands occupied by surface water bodies and water management facilities, as well as areas allocated along the banks of water bodies;
water user — a legal or natural person who uses water resources for their needs;
water use — the use of water resources by legal and natural persons to meet their needs;
water management — a sector of the economy that covers the study, accounting, management, use, protection of water resources and water bodies, as well as combating harmful effects of water;
water management facility — hydraulic structures, as well as roads, buildings, power transmission lines and other infrastructure intended for the implementation of water management activities associated with them;
water management service — a service provided to a water user in the field of water management on the basis of a contract;
user organization of water management — an organization of the Ministry of Water Resources of the Republic of Uzbekistan responsible for the maintenance and operation of water management facilities;
waste waters (discharge waters) — waters discharged into water bodies or into the terrain from canals and irrigation networks in case of emergency, as well as waters discharged from irrigated lands as a result of irrational use of them;
transboundary waters — any surface or groundwater crossing the borders of two or more states or located along such borders;
transboundary water bodies — water bodies crossing the borders of two or more states or located along such borders;
transboundary impact — any significant adverse environmental impact arising on the territory under the jurisdiction of another riparian state, caused by a change in the condition of transboundary waters due to human activity, the physical source of which is located wholly or partly on the territory under the jurisdiction of one riparian state.
Article 5. Objects and subjects of water relations
The objects of water relations are:
water bodies or parts thereof or water resources;
water management facilities;
lands of the water fund.
The subjects of water relations are:
specially authorized state bodies, including republican executive authorities;
local executive authorities;
user organizations of water management;
water supplier organizations;
water users;
bodies of citizensʼ self-government and other non-governmental organizations.
Article 6. Basic principles of water relations
The basic principles of water relations are:
meeting the water needs of the population, sectors of the economy, and ecosystems through purposeful and comprehensive use of water resources;
priority of providing the population with guaranteed quality and quantity of water for drinking and domestic needs;
priority of protecting water bodies when using them;
ensuring favorable conditions for maintaining optimal condition of water ecosystems and protecting public health;
equality of subjects of water relations;
supporting water saving, rational use, and conservation;
ecosystem approach in water resource management;
integrated management of water resources, coordinated management of surface, groundwater, and return waters;
harmonization of basin and administrative-territorial principles of water resource management and use;
ensuring adaptation of the water management sector to climate change;
preventing, limiting, and reducing water pollution;
introducing market economy and public-private partnership principles into water management;
ensuring openness and transparency of the water resource management process and involving the public in this process;
encouraging scientific and innovative activity in water relations;
compensation for damage caused by violation of water legislation;
protection of the rights and legitimate interests of subjects of water relations.
Article 7. Types of water use
Depending on the method of water withdrawal from a water body and the impact on the condition of water and water bodies, water use is divided into general use and special use.
Chapter 2. Water bodies
Article 8. Categories of water bodies
The categories of water bodies include:
surface and groundwater bodies of the Republic of Uzbekistan;
transboundary surface and groundwater bodies located in the Republic of Uzbekistan and crossing its territory.
Surface water bodies include natural and artificial watercourses and basins, as well as springs and other objects, together with their channels, beds, and banks.
Groundwater bodies include:
deposits of groundwater and aquifers, as well as their seepage zones into the earthʼs crust or onto the earthʼs surface;
other forms of water accumulation in the subsoil that have boundaries and contours of water regime.
Article 9. Types of use of water bodies
Water bodies may be in exclusive or joint use.
A water body may be granted to water management user organizations and water users for one or more purposes, provided that the established requirements and conditions are met.
A water body is granted for use in accordance with the procedure established by legislation, with the agreement of the relevant water management authorities, sanitary-epidemiological well-being and public health authorities, ecology, environmental protection and climate change authorities, mining and geology authorities.
The use of a water body for the discharge of waste waters is permitted only if ecological and sanitary requirements and conditions are observed.
Water bodies may be granted for one or simultaneously for several purposes of use.
Water bodies for exclusive use may be granted in whole or in part to legal entities and individuals by the Cabinet of Ministers of the Republic of Uzbekistan or another authorized state body.
A water body not granted for exclusive use is considered a jointly used water body.
When withdrawing water from a jointly used water body, water users must take into account mutual interests, must not complicate the exercise of the right to water use, and must not cause harm to each other.
Article 10. Water bodies of protected natural areas
Water bodies of protected natural areas include:
those located in state nature reserves;
those in complex (landscape) nature sanctuaries;
those in nature parks;
those in state nature monuments;
those in territories intended for preservation, reproduction, and restoration of natural objects and complexes;
those in protected landscapes;
those in territories intended for the management of certain natural resources;
those in state biosphere reserves;
those in national parks;
those in interstate protected natural areas;
other water bodies located in protected natural areas.
PART II. RIGHTS TO WATER, WATER BODIES AND WATER MANAGEMENT FACILITIES, AND STATE MANAGEMENT OF WATER RESOURCES
Chapter 3. Rights to water, water bodies and water management facilities
Article 11. State ownership of water
Water is a national asset; it must be used rationally and is protected by the state.
Article 12. Rights to water bodies
Water bodies located within the territory of the Republic of Uzbekistan are the property of the Republic of Uzbekistan, except in cases provided for by this Code, other laws, and international treaties.
The natural changes of riverbeds and other watercourses shall not serve as grounds for terminating the ownership right of the Republic of Uzbekistan to these water bodies.
State bodies and local executive authorities, within their powers, exercise the ownership right to water bodies on behalf of the Republic of Uzbekistan.
Article 13. Ownership rights to water management facilities
Water management facilities may be in state ownership (republican or municipal ownership) or in private ownership (citizens, farm enterprises and dehkan farms, as well as other legal entities not owned by the state).
In accordance with international treaties of the Republic of Uzbekistan, water management facilities of the Republic of Uzbekistan located in the territories of other states are the property of the Republic of Uzbekistan.
Relations connected with private ownership rights to water management facilities are regulated by the Civil Code of the Republic of Uzbekistan.
Ownership rights to water management facilities are subject to mandatory state registration in accordance with the procedure established by law.
The transfer of a water management facility under the conditions of public-private partnership shall be carried out on the basis of the legislation on public-private partnership.
Article 14. Right to use land of the water fund
Land of the water fund shall be provided for permanent use:
for artificial water bodies and water management facilities — to the relevant organizations according to their competence;
for natural water bodies — to the relevant organizations of the Ministry of Water Resources of the Republic of Uzbekistan.
Land of the water fund may be withdrawn for public needs with compensation, in the manner prescribed by law.
On lands of the water fund, economic activities and construction works that negatively affect water bodies are prohibited.
The procedure for using the land of the water fund is established by this Code and other legislative acts.
Chapter 4. Management of water resources
Article 15. Water resources management bodies
Management of water resources shall be carried out on a basin or hydrographic principle, or taking into account other conditions ensuring their rational use.
The following are the specially authorized bodies for water resources management:
for surface waters — the Ministry of Water Resources of the Republic of Uzbekistan and its bodies determined by the Cabinet of Ministers of the Republic of Uzbekistan;
for groundwater — the Ministry of Mining Industry and Geology of the Republic of Uzbekistan.
Article 16. Water councils
In order to ensure transparency in water resources management and to adopt appropriate decisions with the involvement of stakeholdersʼ representatives, water councils shall be established at the republican and basin levels, and, if necessary, at the regional level, as collegial advisory bodies.
A Republican Water Council shall be established under the Cabinet of Ministers of the Republic of Uzbekistan.
The Republican Water Council shall include the heads of ministries and agencies authorized in the field of use and protection of water resources. Representatives of non-governmental organizations, certain experts and scientists may also be included in the Republican Water Council.
The Prime Minister of the Republic of Uzbekistan is the Chair of the Republican Water Council.
The Ministry of Water Resources of the Republic of Uzbekistan is the working body of the Republican Water Council.
Basin (or regional) water councils shall be established under the Council of Ministers of the Republic of Karakalpakstan and regional hokimiyats.
The basin (or regional) water council shall include the heads of territorial organizations of ministries and agencies authorized in the field of use and protection of water resources. Representatives of non-governmental organizations, certain experts and scientists may also be included in the basin (or regional) water council.
The Chair of the Council of Ministers of the Republic of Karakalpakstan and the governors (hokims) of the regions are the Chairs of the basin (or regional) water councils.
The Ministry of Water Resources of the Republic of Karakalpakstan and basin administrations of irrigation systems are the working bodies of the basin (or regional) water councils.
District water councils shall be established under district (and Kuvasoy city) hokimiyats.
The district water councils shall include the heads of district organizations of ministries and agencies authorized in the field of use and protection of water resources. Representatives of non-governmental organizations, certain experts and scientists may also be included in the district water councils.
The relevant district hokim (or hokim of Kuvasoy city) is the Chair of the district water council.
The district organization of the Ministry of Water Resources of the Republic of Uzbekistan or the organization managing the water management facilities of the district is the working body of the district water council.
The regulation and working procedure of the Republican, basin and regional water councils shall be approved at the meeting of the respective Council.
Article 17. Management of water management facilities
Water management facilities transferred to state organizations under the right of operational management are state water management facilities.
State water management facilities are managed by user organizations.
By decisions of the President of the Republic of Uzbekistan or the Cabinet of Ministers of the Republic of Uzbekistan, state water management facilities may:
be transferred to private sector management under a public-private partnership agreement;
be privatized to the private sector through auctions — vertical irrigation wells and certain small pumping stations (with a water discharge capacity of up to 1 cubic meter per second).
Water management facilities that serve only one water user (a lessee of agricultural land) shall be transferred free of charge for exclusive use under the right of operational management to such water user by the relevant decision of the Council of Ministers of the Republic of Karakalpakstan or the regional hokimiyat.
Water management facilities that serve two or more water users (lessees of agricultural land plots) shall be transferred free of charge for exclusive use under the right of operational management to water supply organizations by the relevant decision of the Cabinet of Ministers of the Republic of Uzbekistan.
Maintenance of water management facilities transferred for use shall be carried out at the expense of funds of the respective water users and water supply organizations.
Water management facilities built at the expense of water usersʼ own funds shall be considered private property.
Article 18. Participation of citizens and non-governmental associations in water resources management
Legal entities, water users that are non-governmental non-profit organizations in accordance with their founding documents, as well as citizens, have the right to participate in water resources management, in the rational use of water and water bodies, and in implementing measures for their protection.
User organizations and water supply organizations, in managing water resources, rationally using water and water bodies, and implementing protection measures, shall take into account the proposals of water users, non-governmental non-profit organizations, and citizens, including socially vulnerable groups of the population.
Chapter 5. Powers of authorized state bodies in the field of regulating water relations
Article 19. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the Field of Regulating Water Relations
The powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of regulating water relations include:
implementing a unified state policy in the field of integrated and rational use of water and water bodies, their management, and protection;
taking measures to improve the system of rational management of water and water bodies;
coordinating the activities of ministries, agencies, and other legal entities in the field of integrated and rational use of water and water bodies, their management and protection, as well as in preventing and eliminating the harmful effects of water;
organizing the activities of the Republican Water Council;
establishing the water fund and determining the procedure for its use, as well as approving water use standards, water withdrawal quotas, and water withdrawal limits;
ensuring state accounting of water and water bodies, as well as state supervision over their use and protection, maintaining the State Water Cadaster and water monitoring;
developing measures to prevent and eliminate major accidents, disasters, ecological crises, and the harmful effects of water;
determining the procedure for calculating the tax for water use and compensation payments for pollution, contamination, and depletion of water bodies;
determining the directions for the development of interstate relations in the field of water management;
adopting decisions and programs aimed at developing the water management sector, ensuring rational and efficient use of water and water bodies, and mitigating the negative consequences of water scarcity, as well as approving other programs related to water and water use;
approving the procedure for state support of the introduction of water-saving technologies.
The Cabinet of Ministers of the Republic of Uzbekistan may also exercise other powers in accordance with legislation.
Article 20. Powers of Local Executive Authorities (hokimiyats) in the Field of Regulating Water Relations
The powers of local hokimiyat bodies in the field of regulating water relations include:
determining the main directions for the use and protection of water resources within their territory;
regulating the use of water resources within their territory and ensuring compliance with requirements for their protection;
coordinating the activities of territorial bodies of ministries, agencies, and other legal entities in the field of integrated and rational use of water and water resources, their management, accounting and protection, as well as in preventing and eliminating the harmful effects of water;
ensuring effective organization of the activities of the relevant basin (or territorial) water councils or district water councils;
assisting in the formation and approval of specific targeted lists for the introduction of water-saving irrigation technologies, as well as in their implementation;
ensuring compliance with the rights and legitimate interests of water users and water-supplying organizations;
assisting in the repair and restoration of irrigation and collector-drainage networks, as well as in ensuring water delivery to private household land plots;
implementing measures for the preservation of water bodies and improvement of their condition, preventing and eliminating the harmful effects of water, as well as pollution, and restoring facilities destroyed as a result of accidents, floods, mudflows, and natural disasters;
assisting in the efficient use of land in the water fund;
financing the maintenance costs of water management user organizations in accordance with legislation;
assisting water management user organizations in the management of water resources.
The powers of local hokimiyat bodies may also include other matters in accordance with legislation.
Article 21. Powers of the Ministry of Water Resources of the Republic of Uzbekistan in the Field of Regulating Water Relations
The Ministry of Water Resources of the Republic of Uzbekistan is a specially authorized state body in the field of regulating water relations.
The powers of the Ministry of Water Resources of the Republic of Uzbekistan in the field of regulating water relations include:
implementing a unified state policy in the field of water resources management, maintaining water accounting and reporting;
organizing coordination of the activities of state bodies and other organizations in the field of rational use of water and water bodies, their protection, as well as prevention and elimination of harmful effects of water;
generalizing and maintaining the State Water Cadaster;
developing proposals for improving the water legislation of the Republic of Uzbekistan;
developing draft state programs, strategies, and concepts in the field of water management with the participation of interested state bodies;
maintaining the water management balance, establishing quotas and limits for water withdrawal for basin irrigation system administrations, sectors of the economy, and regions;
monitoring the reclamation state of land, mineralization of surface and groundwater, and technical condition of collector-drainage networks, as well as taking measures for their improvement;
ensuring state accounting of water in water bodies and water use;
developing interstate relations in the management and use of transboundary water resources, as well as participating in the activities of international organizations in the field of water management;
performing the functions of the working body of the Republican Water Council;
ensuring the safety and use of water and water management facilities in accordance with competence;
exercising state control over water use and its protection;
ensuring water delivery to water users based on established water withdrawal limits;
approving permits for special water use;
ensuring transparency and completeness of water accounting and electricity consumption in the water management sector;
taking necessary measures to improve the reclamation state of irrigated lands, prevent soil erosion, salinization, and washout;
designing, constructing, and reconstructing water management facilities.
The powers of the Ministry of Water Resources of the Republic of Uzbekistan may also include other matters in accordance with legislation.
Article 22. Powers of the Ministry of Mining Industry and Geology of the Republic of Uzbekistan in the Field of Regulating Water Relations
The powers of the Ministry of Mining Industry and Geology of the Republic of Uzbekistan in the field of regulating water relations include:
carrying out geological exploration to determine the resources and reserves of groundwater, developing justified proposals for their rational use, and for their protection from pollution and depletion;
exercising state control over the rational use of groundwater, compliance with legislative and regulatory requirements in the use and protection of groundwater by legal entities and individuals;
maintaining information on the state balance of groundwater reserves, the state cadaster of protected natural areas, and zones of formation of groundwater deposits of fresh water;
maintaining state monitoring of groundwater jointly with interested ministries, agencies, and local hokimiyat bodies;
exercising control and accounting of groundwater use within its competence;
monitoring pollution sources of groundwater;
jointly with interested ministries and agencies, developing schemes for integrated use and protection of groundwater;
issuing permits for drilling wells for groundwater extraction and for special water use;
providing hydrogeological conclusions on the condition of groundwater;
attracting investments for the efficient use, accurate accounting, and protection of groundwater;
participating within its competence in the siting, designing, construction, reconstruction, repair, and commissioning of enterprises, facilities, and other objects that affect the state of groundwater, and approving these;
participating in the activities of the Republican Water Council, submitting proposals on the condition of groundwater, its use, existing problems, and ways of their solution.
The powers of the Ministry of Mining Industry and Geology of the Republic of Uzbekistan may also include other matters in accordance with legislation.
Article 23. Powers of the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan in the Field of Regulating Water Relations
The powers of the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan in the field of regulating water relations include:
exercising state control over the protection of water resources;
ensuring a favorable ecological state of the water environment;
analyzing the impact of anthropogenic factors on the water environment for the purpose of preventing depletion and pollution of water bodies, as well as monitoring compliance with requirements for water releases from reservoirs for sanitary and ecological purposes;
approving projects of ecological standards of maximum permissible discharges of pollutants into surface water bodies and the earthʼs relief prepared by organizations for the purpose of conducting environmental expertise, as well as issuing, in accordance with the established procedure, permits for special water use for withdrawal of natural surface water flows;
collecting compensation payments for pollution of the water environment and ensuring their use in the prescribed manner;
conducting state environmental expertise of relevant projects in the prescribed manner;
carrying out monitoring of sources (emissions) of pollution of surface waters;
jointly with ministries, agencies and other interested bodies, forming and maintaining the unified national ecological information database on the degree of environmental pollution, other harmful impacts on the environment, and the use of natural resources;
obtaining, free of charge, from legal entities and individuals, the necessary information related to the protection, use, and monitoring of water resources or water bodies;
participating in the activities of the Republican Water Council, submitting proposals to the Council on the state of natural surface water resources, their level and sources of pollution, existing problems, and ways of their resolution.
The powers of the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan may also include other matters in accordance with legislation.
Article 24. Powers of the Hydrometeorology Service Agency under the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan in the Field of Regulating Water Relations
The powers of the Hydrometeorology Service Agency (hereinafter referred to as the Hydrometeorology Service Agency) under the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan in the field of regulating water relations include:
developing and improving the state system of hydrometeorological observations, and providing economic sectors and the population with hydrometeorological information;
conducting monitoring of surface waters at hydrological posts under its jurisdiction;
providing interested republican executive authorities, local hokimiyat bodies, organizations, and citizens with information on current and expected hydrometeorological conditions, climate changes, the state of water and water bodies, the degree of environmental pollution, as well as urgent information on dangerous and/or natural hydrometeorological events related to water factors;
forming and maintaining the state fund of data on water environment pollution, and maintaining the section “Surface Waters” of the State Water Cadaster;
conducting regular monitoring of the occurrence and development of natural hydrometeorological events associated with water factors and pollution of surface waters;
conducting scientific research aimed at improving the system of short-term and long-term forecasting of river water content under conditions of climate change;
participating, within its competence, in the development of interstate and international relations in the field of hydrometeorology;
participating in the activities of the Republican Water Council, submitting proposals to the Council on the availability and forecasts of water resources, the state of water cadaster maintenance, existing problems, and ways of their resolution.
The powers of the Hydrometeorology Service Agency may also include other matters in accordance with legislation.
Article 25. Powers of the Sanitary-Epidemiological Well-being and Public Health Committee under the Ministry of Health of the Republic of Uzbekistan in the Field of Regulating Water Relations
The powers of the Sanitary-Epidemiological Well-being and Public Health Committee (hereinafter referred to as the Sanitary-Epidemiological Well-being and Public Health Committee) under the Ministry of Health of the Republic of Uzbekistan in the field of regulating water relations include:
exercising sanitary-epidemiological control over compliance with sanitary norms, rules, and hygiene standards in the use and protection of surface and underground waters, as well as exercising state control over the implementation of sanitary-hygienic and anti-epidemic measures;
conducting sanitary-hygienic monitoring;
participating in the assessment and selection of sources of drinking and domestic water supply;
coordinating the siting, designing, construction, reconstruction, and commissioning of drinking and domestic water supply facilities, wastewater disposal facilities, enterprises, installations, and other objects that affect the state of groundwater;
ensuring state sanitary-epidemiological regulation of surface and underground waters in order to prevent harmful effects on the human body;
participating in the activities of the Republican Water Council, submitting proposals to the Council on compliance with sanitary norms, rules, and hygiene standards in the use of surface and underground waters, on existing problems, and on ways of their resolution.
The powers of the Sanitary-Epidemiological Well-being and Public Health Committee may also include other matters in accordance with legislation.
Article 26. State Control over the Use and Protection of Water
The task of state control over the use and protection of water is to ensure compliance by all ministries, agencies, institutions, organizations, farms, and other legal entities and individuals with the established procedure for water use, the obligations of protecting water, preventing and eliminating the harmful effects of water, the rules of water accounting and reporting, as well as other rules established by water legislation.
State control over the use and protection of water is exercised, within the limits of their powers and in accordance with the procedure established by legislation, by local hokimiyat bodies, the Ministry of Water Resources of the Republic of Uzbekistan, the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan, the Ministry of Mining Industry and Geology of the Republic of Uzbekistan, and the Sanitary-Epidemiological Well-being and Public Health Committee.
Chapter 6. State planning of water use and conservation
Article 27. Planning of water use and conservation
Planning of water use and conservation must, first and foremost, ensure the satisfaction of the drinking and domestic needs of the population, the conservation of water, and the scientific-based distribution of water among water users, taking into account the prevention of its harmful effects.
In planning water use, the data from the unified geo-information database of the State Water Cadaster and national water resources information systems, the environmental monitoring system, water management balances, comprehensive water use and conservation schemes, as well as plans for supplying the population with drinking water, are taken into account.
Article 28. State strategic water management programs
State strategic water management programs (water management development concepts and strategies for their implementation) are developed by the Ministry of Water Resources of the Republic of Uzbekistan, together with interested ministries and agencies, as well as the Council of Ministers of the Republic of Karakalpakstan and regional hokimiyats, for the medium term (up to 10 years) and long term (up to 50 years), to define a set of measures for ensuring water security and achieving sustainable development in the context of climate change.
State strategic water management programs are approved by the President of the Republic of Uzbekistan.
Article 29. Basin or territorial plans for the use and conservation of water and water objects
Basin or territorial plans for the use and conservation of water and water objects are drawn up on the basis of the following, taking into account the characteristics of the water resources basin:
comprehensive water use and conservation schemes;
state strategic water management programs;
data from water and water objects monitoring;
State Water Cadaster;
water management balances;
other data.
Basin or territorial plans for the use and conservation of water and water objects shall reflect the following:
a description of the water resources basin (assessment of the potential impact of climate change, water scarcity, drought, floods and mudslides, as well as the onset of other emergencies related to water resources, and the risk of pollution of water and water objects from external sources, including transboundary pollution);
a description of the protection zones of water objects and drinking water supply, as well as a list of types of economic and other activities that should be prohibited or restricted in these zones;
a quantitative and qualitative assessment of water resources within the basin or territory by sources and sectors of the economy, as well as by the volumes of water use by the population;
additional reserves of water resources, taking into account the needs of the environment;
an assessment of investment and financial needs, with the identification of possible sources for covering them;
priorities for the use of water and water objects, as well as the limits of its standardization and the restriction of the right to water use;
measures for increasing water supply and resilience to climate change, preventing and eliminating emergencies related to water resources, mitigating and eliminating their consequences in the event of such situations, and the costs for the implementation of these measures.
The implementation of basin or territorial plans for the use and conservation of water and water objects may also include other provisions that allow for the sustainable development of the basin or territory.
Article 30. Procedure for the development and approval of basin (or territorial) plans for the use and conservation of water and water objects
Basin (or territorial) plans for the use and conservation of water and water objects are developed by the relevant departments of the Ministry of Water Resources of the Republic of Uzbekistan in cooperation with other interested parties and are approved by the relevant basin (or territorial) water council.
Basin (or territorial) plans for the use and conservation of water and water objects are drawn up for a period of ten years and are reviewed (adjusted) every three years by the relevant basin (or territorial) water councils.
The Ministry of Water Resources of the Republic of Uzbekistan, other authorized bodies, and water users are responsible for the implementation of basin (or territorial) plans for the use and conservation of water and water objects.
Article 31. Planning of water use for agricultural needs
Water use for agricultural needs is carried out within the allocated water intake limit, based on the water intake quota and the forecast of expected water supply.
The planning of the use of collector-drainage network water is carried out taking into account the ameliorative condition of the lands and the quality of the collector-drainage water, as well as the level of water supply.
The water user develops a water use schedule within the water intake limit allocated to them and agrees on it with the relevant water supply organization.
Article 32. Water intake from water objects
Water intake from water objects is carried out only if there is a water use agreement with water supply organizations, which is registered in the prescribed manner from the agreed water intake location.
In the event that the volume of water intake is reduced or suspended, water users must notify the relevant water supply organization or its authorized person in writing (in emergency situations — by phone or other means of communication).
Article 33. Submission of applications for water intake from water objects
Water intake from water objects is carried out only on the basis of written or electronic applications from water users (with the exception of water intake from the drinking and domestic water supply system, as well as from underground water basins through irrigation wells at their own expense), depending on their readiness for water use, within the established seasonal water intake quota and water intake limit.
Applications for water intake are submitted by water users to water supply organizations or their authorized persons ten days before the planned start of water intake, in the form approved by the Ministry of Water Resources of the Republic of Uzbekistan, indicating the specific location and deadlines for water intake (start and end of water intake), as well as the volumes and established purpose of the water intake.
The volume of water indicated in the application for water intake must not exceed the established water intake quota and water intake limit.
Water supply organizations, within a two-day period, summarize and analyze the written applications of all water users in the serviced area and then forward the written applications to the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems, as appropriate, for water intake from water management objects of inter-district significance.
The Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems, as appropriate, summarize and analyze the applications within one day and submit the written applications to the Ministry of Water Resources of the Republic of Uzbekistan for water intake from inter-district and transboundary rivers, main canals (systems), and water objects with a high degree of danger.
The Ministry of Water Resources of the Republic of Uzbekistan, based on the allocated water intake quotas and water intake limits for the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems, as well as the water level of the water source, summarizes and analyzes the applications within one day and grants or denies permission for water intake in the form of a notification.
The Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems, in turn, grant or deny permission for water intake in the form of a notification to water supply organizations within a one-day period, based on the allocated water intake limits and the water level of the water source.
Water supply organizations, in turn, grant or deny permission for water intake in the form of a notification to water users within a one-day period, based on the allocated water intake limits and the water level of the water source.
Chapter 7. State regulation of the use and protection of water
Article 34. State Regulation of the Use and Protection of Water and Water Bodies
In regulating the use and protection of water and water bodies, the following shall be taken into account:
establishing normative indicators for water intake, wastewater, and collector-drainage water discharge, taking into consideration the conditions of maintaining the necessary quantity of water in the natural cycle, ensuring its normative purity, preserving water flora and fauna, preventing pollution of water reservoirs, maintaining ecological balance within them, and preventing damage to water reservoirs as part of the landscape;
standardization, certification, and metrological support in accordance with established norms in the field of water use and its protection;
establishing other norms (ecological restrictions, water quality, etc.) and rules in the field of water use and its protection.
The regulation of the use and protection of water and water bodies shall be carried out by a specially authorized state body in accordance with the requirements of water legislation.
The main tasks of regulating the use and protection of water and water bodies are as follows:
ensuring environmental safety in the part relating to the use of water, water bodies, and other water-related ecosystems;
preventing an increase in the permissible limited volume of non-recoverable surface and underground water withdrawal;
maintaining water and water bodies in accordance with environmental norms (environmental quality, permissible limits of harmful impact, the use of water, protective, sanitary, and other zones, etc.).
Article 35. Norms of Permissible Harmful Impact on Water and Water Bodies
Norms of permissible harmful impact on water and water bodies shall be established in accordance with the requirements set to maintain surface and underground waters in conditions that meet ecological, sanitary, technical, and other norms, as well as in compliance with the legislation on water and nature protection.
When determining the norms of permissible harmful impact on water and water bodies, the following factors shall be considered:
the permissible limited level of anthropogenic load, where prolonged exposure should not lead to changes in the ecosystem of the water body;
the permissible limited mass of harmful substances entering a water body and/or its catchment area must not cause negative changes in the state of the water and the water body;
not exceeding the established norms of permissible limited discharge of harmful substances into water bodies;
taking preventive measures to reduce the risk of emergencies in water and water bodies as a result of harmful impacts;
other factors that may lead to the deterioration of the condition of water and water bodies.
An economic entity shall be liable in accordance with the procedure established by law for the absence of norms or for exceeding them.
Sanitary-epidemiological regulation in the field of use and protection of water and water bodies shall provide for the development of sanitary norms, rules, and hygiene standards.
Failure by economic entities to comply with sanitary-epidemiological requirements in the field of use and protection of water and water bodies shall serve as grounds for taking measures in accordance with the legislation on sanitary-epidemiological well-being of the population.
Article 37. Metrological Regulation
Metrological regulation in the field of use and protection of water and water bodies shall provide for the development of norms and rules that establish metrological support requirements.
Measuring instruments and measurement methodologies used in the field of use and protection of water and water bodies must comply with the requirements of the legislation on metrology.
Measuring instruments used in the field of use and protection of water and water bodies must ensure results with the established accuracy indicators.
Measurement results obtained using measuring instruments that do not comply with established metrology requirements and measurement methodologies not certified in the prescribed manner shall be considered unreliable and subject to annulment.
Chapter 8. State accounting of water use and conservation
Article 38. State accounting of water
State accounting of water consists of determining the quantity and quality of surface and underground waters, as well as sewage, in a given territory for current and future planning of water use and conservation, and for public information. State accounting and use of water are carried out for the following purposes:
determining the quantitative and qualitative composition of the water that constitutes the state water fund;
compiling a water management balance;
collecting and updating information on water use for the needs of the population and sectors of the economy;
defining the tax base for the use of water resources and for water management services provided.
Water resources must be regularly accounted for in terms of their qualitative and quantitative composition with standard hydrometric instruments, processed with standard methods, and evaluated in annual and long-term calculations of basins (territories).
The accounting of the number and condition of water objects is carried out using cartographic, hydrogeological, and geodesic methods, based on the volumes, condition, and degree of study of these objects and using geo-information technologies.
State accounting of water in the Republic of Uzbekistan is carried out according to a single system and is based on accounting data on the use of surface and underground waters, as well as data from state monitoring of water and water objects for the purpose of informing water users. Surface and underground waters are accounted for within administrative and hydrographic boundaries, as well as within the boundaries of water users.
Article 39. Official statistics of water use
The Ministry of Water Resources of the Republic of Uzbekistan maintains official statistics on:
water use;
water consumption for the production of a unit of gross domestic product.
Article 40. State Water Cadaster
The State Water Cadaster is an integral part of the unified system of state cadasters of the Republic of Uzbekistan.
The State Water Cadaster represents a systematized, constantly updated, and, if necessary, clarified set of data on water objects, water resources, water regime, water quality and its use, which make up the unified state water fund, as well as on water users and water management objects, water protection zones, coastal areas and sanitary protection zones, and drinking, sewage and collector-drainage waters.
The registration of water objects, water users, and water management objects, the accounting of the quantity and quality of water, and the assessment of water resources and their use are integral parts of the State Water Cadaster.
The State Water Cadaster is intended to provide local government bodies, legal entities, and individuals with the necessary information on water objects and water management objects, water resources, water regime, water quality and its use, as well as water users.
The State Water Cadaster, adopted in the prescribed manner, has mandatory legal force in regulating water and water management relations and in solving social, economic, and environmental problems related to water use.
Article 41. Objects and subject of the State Water Cadaster
Surface and underground water objects and their resources are the objects of the State Water Cadaster.
The comprehensive study and assessment of water use based on quantitative and qualitative indicators of water, as well as the registration of the right to water use and water use for economic purposes, are the subject of the State Water Cadaster.
Article 42. Use of data from the State Water Cadaster
The data from the State Water Cadaster is intended for use during:
current and prospective planning of water use and the implementation of water conservation measures;
the location of productive forces in the countryʼs territory;
the compilation of schemes for the comprehensive use and conservation of water and water management balances;
the design of water management, transport, industrial facilities, other enterprises, and structures related to water use;
the forecasting of changes in hydrological and hydrogeological conditions, and the volume and quality of river water;
the development of measures to increase the work efficiency of water management systems;
the standardization of water intake and discharge, as well as water quality indicators;
the development of measures to prevent and eliminate the harmful effects of water;
the establishment of state control over the implementation of measures for the rational use and conservation of water;
the regulation of relations between water users, as well as between water users and other interested legal entities and individuals;
the resolution of other issues related to water use and conservation.
Article 43. Structure of the State Water Cadaster
The State Water Cadaster consists of the following sections:
surface waters;
underground waters;
water use;
drinking water and sewage.
The data of the State Water Cadaster are also maintained for the Republic of Uzbekistan as a whole, for the territory of the Republic of Karakalpakstan and the provinces, for river basins, and for basin irrigation systems, and for the underground waters section — for hydrogeological regions.
Information on the resources of surface waters, their quality, and changes under the influence of economic activity is summarized for the water objects and their sections, river basins, and basin irrigation systems of the Republic of Karakalpakstan, the provinces, and the Republic of Uzbekistan as a whole.
Information on the resources of underground waters, their quality, and changes under the influence of economic activity is summarized for the water deposits and river basins of the Republic of Karakalpakstan, the provinces, and the Republic of Uzbekistan.
Information on water use is summarized for the river basins, basin irrigation systems, and water management objects with a high degree of danger of the Republic of Karakalpakstan, the provinces, and the Republic of Uzbekistan as a whole, as well as by types of water use and sectors of the economy.
The data of the automated information system of the State Water Cadaster are formed in a manner harmonized with the National Geo-information System of the Republic of Uzbekistan.
Article 44. Authorized bodies maintaining the State Water Cadaster
The State Water Cadaster is maintained by:
the Agency for Hydrometeorological Service — for the surface waters section;
the Ministry of Water Resources of the Republic of Uzbekistan — for the water use section;
the Ministry of Mining and Geology of the Republic of Uzbekistan — for the underground waters section;
the Ministry of Construction and Housing and Communal Economy of the Republic of Uzbekistan — for the drinking water and sewage section.
The Ministry of Water Resources of the Republic of Uzbekistan summarizes the data of the State Water Cadaster. The composition of the data and publications of the State Water Cadaster are approved by the Ministry of Water Resources of the Republic of Uzbekistan, the Agency for Hydrometeorological Service, and the Ministry of Mining and Geology of the Republic of Uzbekistan.
Article 45. Provision of data from the State Water Cadaster
Information related to the State Water Cadaster is provided to state bodies free of charge, and to legal entities and individuals on a paid basis.
The types of information in the State Water Cadaster provided upon request, the procedure for providing it, and the amount of its payment are determined by the authorized bodies for maintaining the State Water Cadaster.
Article 46. Water management balances
Water management balances are compiled for river basins, basin irrigation systems, and economic regions to assess the existing volume of water and the level of its use.
Water management balances are compiled by the specially authorized republican executive bodies and local executive bodies in the field of regulating water relations within their powers and are summarized by the Ministry of Water Resources of the Republic of Uzbekistan.
The water management balance is compiled for the calendar year and is approved no later than December 1 of the year preceding the planning period.
Article 47. Schemes for the integrated use and conservation of water resources
General and basin (or territorial) schemes for the integrated use and conservation of water, including water supplied or allocated for ecosystem needs, define the main water management and other measures necessary to satisfy the prospective needs of the population and sectors of the economy for water, as well as for water conservation, prevention of its harmful effects, and their elimination.
Based on the schemes for the integrated use and conservation of water resources, basin (or territorial) plans for water resources management are developed.
The general and basin (or territorial) schemes for the integrated use and conservation of water are mandatory objects of state ecological expertise.
Article 48. State monitoring of water and water objects
State monitoring of water and water objects is carried out for the purpose of:
regular observation of the condition of water and water objects, the quantity and quality of water, the collection, storage, updating, and processing of data, and the assessment and forecasting of changes in the condition of water and water objects;
is an integral part of the state monitoring system of the natural environment;
is carried out based on hydrological, hydro chemical, and hydrobiological indicators.
State monitoring of water and water objects, including remote sensing, is carried out using modern technologies such as satellites, unmanned aerial vehicles, airplanes, helicopters, and geo-information systems. The results of state monitoring of water and water objects are:
entered into the Unified Geo-information Database of the environmental monitoring system;
provided free of charge to the specially authorized republican executive bodies in the field of regulating water relations for making relevant decisions.
Article 49. Procedure for maintaining water accounting and reporting in water use
Water users engaged in special water use shall maintain records and reports on water use in the prescribed manner.
Records of water resources shall be maintained at the water intake points of water users.
Water users' water intake points shall have a passport, be registered with the relevant water management organization, be equipped with water management devices (a gate or another device ensuring the opening and closing of the water flow) and water metering devices (including digital devices operating in "online" mode), and be attested in the prescribed manner.
The equipping of water users' water intake points with digital devices operating in "online" mode and the provision of software for data transmission shall be carried out in the manner prescribed by legislation.
Until water intake points are equipped with water metering devices, the accounting of water abstracted by water users for agricultural needs may be carried out by volumetric, calculation-based and other methods, taking into account the size of the actual irrigated areas, the number of irrigations, the irrigation regime of agricultural crops, the duration of water abstraction and other relevant factors.
The procedure for registering the passports of water users' water intake and water discharge points, as well as for attesting water metering devices, shall be determined:
by the Ministry of Water Resources of the Republic of Uzbekistan — for water abstraction from artificial surface water bodies and, in agreement with the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan, for water abstraction from natural surface water bodies;
by the Ministry of Mining Industry and Geology of the Republic of Uzbekistan — for water abstraction from groundwater bodies.
For the purpose of maintaining records and reports on water use, an electronic daily water accounting journal in the prescribed form shall be maintained in a special information system at each water intake point by the water supply organization and the water user.
The electronic daily water accounting journal shall be registered in the special information system in the prescribed manner by the territorial divisions of the Inspection for the Safety of Water Management Facilities and Control over Water Use under the Ministry of Water Resources of the Republic of Uzbekistan.
The water supply organization shall monitor the timely and accurate entry into the software of information on the daily use of water by water users.
The Ministry of Water Resources of the Republic of Uzbekistan and its territorial divisions, as well as water supply organizations, shall ensure the continuous and uninterrupted operation of the software.
Based on the results of each month, a bilateral electronic statement in the prescribed form shall be prepared in the special information system between the water user and the water supply organization no later than the 5th day of the following month.
The information contained in the bilateral statement shall serve as the basis for the preparation of official statistical information on water use.
For the purpose of determining the tax base of water users, information on the volume of water used by water users for each type of activity during the reporting period shall be submitted to the tax authorities and water users within the time limits established by the Tax Code of the Republic of Uzbekistan.
Water supply organizations shall submit an electronic report on water use, in the prescribed manner, to the Ministry of Water Resources of the Republic of Karakalpakstan and the Basin Administrations of Irrigation Systems by 15 October following the end of the growing season (1 April — 30 September) and by 15 April following the end of the autumn-winter period (1 October — 31 March).
The Ministry of Water Resources of the Republic of Karakalpakstan and the Basin Administrations of Irrigation Systems shall submit an electronic report on water use to the Ministry of Water Resources of the Republic of Uzbekistan by 1 November following the end of the growing season and by 1 May following the end of the autumn-winter period.
The following reports shall be submitted to the Ministry of Mining Industry and Geology of the Republic of Uzbekistan:
by the Ministry of Water Resources of the Republic of Uzbekistan — a report on groundwater abstracted from irrigation and drainage wells within its system, by 1 November following the end of the growing season and by 1 May following the end of the autumn-winter period;
by other water users, including users of drinking water — a report on groundwater use, in electronic form and in the prescribed manner, no later than the 5th day of the month following the reporting quarter.
Information, statements, records and reports relating to water resources shall serve as the basis for preparing the relevant departmental statistical reports, maintaining the State Water Cadaster, and calculating the tax base for the tax on the use of water resources.
The forms of the accounting journal, the statement confirming the delivery of water, and the current information submission forms shall be approved by the relevant order of the Ministry of Water Resources of the Republic of Uzbekistan.
Article 50. Water resources information system
A single information system “Digital Water Management” is created for the purpose of collecting, storing, processing, and providing information to ensure the integrated management of water resources and their use and conservation, the development of state policy, development programs, basin plans, projects, and measures in the field of water management, forecasting water supply, making prospective and operational decisions, and informing the public.
The management of the single information system is carried out by the Ministry of Water Resources of the Republic of Uzbekistan at the expense of the State Budget, as well as other sources not prohibited by the legislation.
All water users, related ministries, and agencies ensure the collection, processing, and free provision of information to the National Water Resources Information System through the “E-government” system according to the established forms.
PART III. WATER USE, WATER INTAKE QUOTAS AND LIMITS, NON-GOVERNMENTAL ORGANIZATIONS OF WATER USERS
Chapter 9. General provisions on water use
Article 51. Purposes of water and water object use
Legal entities and individuals may use water and water objects for the following purposes:
to satisfy drinking, domestic, recreational, therapeutic, and other needs;
to satisfy the needs of agricultural, forestry, and hunting enterprises;
to satisfy the needs of industry, energy, transport, and other state or public needs;
for discharging sewage.
Water and water objects may be provided for use for one or more purposes.
Article 52. Priority areas of water use
The following priority areas of water use are established by this Code:
drinking and domestic needs, as well as therapeutic needs of the population;
sanitary and ecological purposes;
industry, energy, and the service sector;
agriculture, fishing, animal husbandry, poultry farming, and personal household land plots, where the supply of water to areas with water-saving irrigation technologies is a priority.
In water use, satisfying the needs of hydropower for water resources is equated in priority to satisfying the water resource needs of agriculture.
Article 53. Terms of use of water objects and water management objects
Water objects and water management objects are provided for permanent or temporary use, including for use on the basis of public-private partnership agreements.
Use of water for an indefinite period is recognized as permanent use of water objects and water management objects.
The term of temporary use of a water object and water management object must not be less than three years and not more than forty-nine years.
The terms of temporary use of water objects may be extended by state bodies that have made a decision on granting a water object for exclusive use or have issued a permit for special water use, upon the request of interested water users.
Article 54. General water use
General water use includes:
water intake for oneʼs own drinking and domestic needs;
swimming;
swimming in kayaks and motorless boats;
watering livestock;
sports and amateur fishing.
General water use is carried out without permits and restrictions in the manner established by this Code and other legislative acts.
General water use and water consumption in water objects granted for exclusive use are allowed according to the conditions established by the organizations using these water objects in agreement with water management bodies, and environmental protection and climate change bodies (in the part related to internal irrigation and collector-drainage networks), and if necessary, such water use may be prohibited in accordance with the legislation.
Article 55. Special water use
Special water use includes:
water intake using hydraulic structures, pumps, pumping stations, siphons, and other water-lifting devices;
navigation in water transport;
water use for hydroelectric power stations;
discharging sewage into water objects.
Special water use is carried out on the basis of a permit in the cases established by Article 56 of this Code.
Article 56. Permit for special water use
A permit for special water use is issued in the following cases:
water intake from water objects in a volume of more than 5 cubic meters per day using water intake structures;
discharging sewage and collector-drainage water into water objects and onto the terrain.
A permit for special water use is issued by:
the territorial bodies of the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan in agreement with the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems for water intake from natural surface water objects;
the relevant bodies of the Ministry of Mining and Geology of the Republic of Uzbekistan in agreement with the territorial bodies of the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan for water intake of underground, mineral, and thermal waters.
A permit for special water use is not required when water from artificial reservoirs is used. The procedure for issuing a permit for special water use is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 57. Conditions for issuing a permit for special water use
When using surface waters and confirmed reserves of underground waters suitable for use, a permit for special water use is issued for a period of five years.
Legal entities and individuals who have received a permit for special water use from underground water objects have the right to carry out the conservation and reactivation of used wells during the term of its validity, which are documented with the participation of representatives of the territorial bodies for ecology, environmental protection and territorial hydrogeological stations.
When using underground waters from unconfirmed, but suitable for use reserves, a permit for special water use for group water intake structures is issued for a period not exceeding two years.
The water user has the right to apply to the body that issues the permit at least one month before the expiration of the permit with a request to extend the validity of the previously issued permit.
The validity of a permit for special water use is extended for a period of five years by the body that issued the permit after receiving a conclusion from the bodies that agreed on the issuance of the permit that there are no changes in the water supply source, the purpose of water use, and other conditions specified in the permit.
The water user must obtain a new permit in the prescribed manner after the expiration of the permit for special water use or when the sources, purpose, and other conditions of water use specified in the permit are changed.
When special water use is carried out during the construction or reconstruction of objects, a permit for special water use is issued for the period of the work. After the object is put into operation, the water user must obtain a new permit in the prescribed manner.
Article 58. Suspension, termination, and cancellation of a permit for special water use
The suspension, termination, and cancellation of a permit for special water use are carried out in the manner prescribed by the Law of the Republic of Uzbekistan “On licensing, permitting, and notification procedures.”
Article 59. Compensation for damage caused as a result of water management activities, termination, or change of water use conditions
Compensation for damage caused to legal entities and individuals as a result of water management activities (construction, reconstruction, and repair-restoration work of water management objects, etc.), irrational use of water, pollution, contamination, depletion of water, as well as illegal termination or change of water use conditions, must be provided in the cases and manner prescribed by the legislation.
Compensation for damage caused during water management activities on objects illegally constructed in coastal areas and sanitary protection zones of water objects, and on illegally developed land plots, is not provided.
Article 60. Water servitude
Water servitude may be established for the following purposes:
general water use;
passage of citizens and vehicles;
watering animals and driving livestock;
use of water objects as waterways for small vessels;
ensuring free access to coastal zones, including passage through them.
Water servitude may also be established for other purposes in accordance with the legislation.
Water servitude may be in the form of a public water servitude and a private water servitude.
A public water servitude is equated to the right of general water use and is established in the public interest to ensure the interests of the state and bodies of citizensʼ self-government, and the local population.
A private water servitude is established with respect to water objects granted for exclusive use.
A public water servitude applies to water objects or parts of them, including tray and other covered irrigation networks.
A public water servitude is established regardless of whether there is an agreement between the persons in whose interest the water servitude is being established and the owner, user, or tenant of the land plot where the water object or part of it and the coastal area are located, if these persons have used this right before the land plot was transferred to another person as property.
Local executive bodies must ensure the establishment of a public water servitude.
In other cases, a water servitude is established by an agreement between the persons in whose interests the water servitude is being established and the owner, user, or tenant of the land plot where the water object or part of it is located, and if an agreement cannot be reached, it is established by a court decision.
The regulations on water servitudes also apply to lands of the water fund.
A water servitude is preserved even if the right to the land plot on which the water object or a part of it is located is transferred to another person.
A permit for special water use is not required for the exercise of water servitudes.
The establishment of a water servitude does not deprive the owner of a water object granted for exclusive use of the right to own, use, and dispose of this water object.
The owner of a water object on which a water servitude is established has the right to demand a proportional fee for the use of this water object or a part of it from the person in whose interest the water servitude is established, unless a different rule is provided for in the legislation.
The provisions on water servitudes provided for in civil and land legislation apply to water servitudes in the part that does not contradict the requirements of this Code.
Chapter 10. Water distribution and supply
Article 61. Water intake quota
Water intake quotas are allocated by sources, territories, and sectors of the economy by the following:
the Ministry of Water Resources of the Republic of Uzbekistan to the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems;
the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems to water supply organizations;
the Councils of Peopleʼs Deputies of districts (cities) to water users.
Water intake quotas from natural water basins for special water use are specified in the permits of the authorized bodies in accordance with Article 56 of this Code.
The allocated water intake quota is not reviewed during its validity period, with the exception of cases when the area of the irrigated plot or the production capacity, which affects the volume of water consumed, is changed.
When allocating water intake quotas, the requirements for water discharge for sanitary and ecological purposes are taken into account.
Water intake quotas for drinking water supply are allocated to drinking water supply organizations based on their normative needs and forecasts of future population growth.
Article 62. Water intake quota for irrigated lands
The water intake quota for irrigated lands is calculated by multiplying the area of the irrigated land plot by the norms for allocating a water intake quota per hectare of irrigated land.
The norms for allocating a water intake quota per hectare of irrigated land in a hydrographic zone are calculated by dividing the average annual volume of water actually taken for the last ten hydrological years on the irrigated lands in that hydrographic zone by the total area of the irrigated lands in that hydrographic zone. In this case, the mechanical composition of the soil, the relief of the location, the level of groundwater, climatic conditions, long-term water supply, and other factors are also taken into account.
The norm for allocating a water intake quota per hectare of irrigated land is calculated by water management bodies and can be reviewed no more than once a year.
Article 63. Water intake quota for water use unrelated to irrigated lands
Water intake quotas are allocated by water management bodies for surface waters and by mining and geology bodies for underground waters, based on the technological norms for water needs unrelated to irrigated lands.
Article 64. Validity period of a water intake quota
The validity period of a water intake quota is determined as follows:
for water users who take water for growing agricultural crops and dispose of a land plot on the basis of a lease agreement -for the duration of the lease agreement, but for a period not exceeding 10 years;
for water users who take water for purposes unrelated to growing agricultural crops — for a period of up to 10 years;
for individuals and legal entities who take water on the basis of a permit for special water use, with the exception of drinking water supply organizations -until the expiration of the permit for special water use.
The validity period of a water intake quota for drinking water supply organizations is not limited.
When allocating water intake quotas, compliance with the requirements for water discharge for sanitary and ecological purposes is taken into account.
Article 65. Procedure for allocating water intake quotas that significantly affect the interests of existing water users
An application for allocating a quota in an amount that is five or more percent greater than the average annual volume of water actually taken in a certain hydrographic zone for the last ten hydrological years is recognized as an application that significantly affects the interests of existing water users.
The required additional amount of water for water users is allocated in accordance with the decision of the relevant water councils.
A refusal to allocate a water intake quota for drinking water supply is not allowed.
A water user may sell a part of their water intake quota to another water user in the same hydrographic zone on the basis of an agreement, in agreement with the water supply organization serving them.
Article 66. Water use agreement
Water use is carried out on the basis of a water use agreement concluded between the water supply organization and the water user.
The water supply organization, upon receiving an application from water users, must conclude a water use agreement with them if they are located in the serviced area and have a water intake quota.
The water use agreement stipulates the water intake quotas, the annual or seasonal limits of water volumes to be supplied, the amounts and mechanisms of payment for water supply, other conditions for water supply, as well as the mechanisms for making changes depending on the rights and obligations of the parties.
The standard forms of a water use agreement are approved by the Ministry of Water Resources of the Republic of Uzbekistan (with the exception of drinking and domestic water supply) in agreement with the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan (for water intake from natural water objects), the Ministry of Mining and Geology of the Republic of Uzbekistan (for water intake from underground waters), as well as the Committee for Competition Development and Consumer Protection of the Republic of Uzbekistan.
When concluding a water use agreement, the existence of a water intake quota is a mandatory requirement.
The rights, obligations, and liability of the parties are determined in the water use agreement in accordance with the requirements of this Code and other legislative acts.
Article 67. Registration of a water use agreement
Water use agreements are registered in a special information system in electronic form:
agreements concluded with certain organizations that use water from large and especially important water management objects, as well as those of inter-regional and transboundary significance — by the Ministry of Water Resources of the Republic of Uzbekistan;
agreements concluded with user organizations that are part of the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administration of irrigation systems — by the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems, respectively;
agreements concluded by water supply organizations with farms and dehkan farms, bodies of citizensʼ self-government, and other water users in the serviced area — by the district agricultural departments (the Kuvasay city department).
Agreements on water use concluded in the prescribed manner enter into force from the moment of their registration.
The list of water use agreements that must be registered with the Ministry of Water Resources of the Republic of Uzbekistan, the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems, and the district agricultural departments (the Kuvasay city department) is approved by the Ministry of Water Resources of the Republic of Uzbekistan.
The register of water use agreements is provided to the Water Management Objects Safety and Water Use Control Inspection under the Ministry of Water Resources of the Republic of Uzbekistan and its territorial divisions (for water use from artificial water objects), as well as to the relevant bodies of the Ministry of Ecology, Environmental Protection and Climate Change of the Republic of Uzbekistan (for water use from natural water objects) in the prescribed manner to ensure control.
Article 68. Setting water intake limits
Water intake limits are set taking into account:
the forecast of the water level of the water sources in the next hydrological year;
the priority of the types of water use (sectors of the economy);
the forecast volume of the allocated water intake quota.
Water intake limits for drinking and domestic, as well as therapeutic needs, cannot be less than the allocated water intake quota. Water intake limits are set at an equal percentage with respect to the water intake quotas for other water users in the relevant hydrographic zone.
Water intake limits by water sources, territories, and sectors of the economy are set by:
the Ministry of Water Resources of the Republic of Uzbekistan — twice a year, for the growing season until March 20 (April 1 — September 30) and for the autumn-winter period until September 20 (October 1 — March 30) — to the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems, the administrations of main canals (systems) of inter-regional and transboundary significance, and to separate enterprises and organizations using objects of energy, drinking, and domestic water supply;
the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems — twice a year, for the growing season until March 25 and for the autumn-winter period until September 25 — to the administrations of irrigation systems, water supply organizations, as well as to other water users of particular importance;
the Councils of Peopleʼs Deputies of districts (cities) — for the growing season until March 28 and for the autumn-winter period until September 28 — to water users and bodies of citizensʼ self-government (for irrigating personal household land plots), as well as to other water users.
The water intake limit for underground water is specified in the permits for special water use and is set for the duration of the permitʼs validity during its issuance.
Corrections may be made to the water intake limits in cases where the water level of the water sources decreases or increases.
Within a two-month period after the end of the established period of water use, the final water intake limits for the past period are approved by the specially authorized bodies, taking into account the actual water level of the sources.
Article 69. Approval of water intake limits
Water intake limits are approved:
by the order of the Ministry of Water Resources of the Republic of Uzbekistan based on the forecast of the Agency for Hydrometeorological Service;
by the orders of the Ministry of Water Resources of the Republic of Karakalpakstan and the basin administrations of irrigation systems;
by the decisions of the Councils of Peopleʼs Deputies of districts (cities) in agreement with the district agricultural department (Kuvasay city department).
To set the water intake limit for growing agricultural crops, water users must apply in written or electronic form to the water supply organizations that serve them one month before the start of the growing and autumn-winter periods, and for other needs besides irrigated agriculture — by September 1 of each year, and must submit the following documents:
permits for special water use (for water intake from natural water sources);
water supply schedules approved in the prescribed manner (with the exception of water users of the water supply system — drinking and domestic water supply).
Water intake limits shall reflect the total volume of water intake by authorized water sources (river, stream, spring, reservoir, irrigation system, main canal (system), irrigation and collector network, underground waters, and other water sources) and should be distributed for each ten-day period by specific water intake locations.
When setting water intake limits, the priority of the sector of the economy and the equal supply of water to all water users must be observed, taking into account the expected water level of the separate water sources and irrigation systems.
Article 70. Transfer of saved water to another person
A water user may transfer the water saved within their allocated water intake limit or the water saved as a result of a reduction in water needs to another water user in the same hydrographic zone on the basis of an agreement. The water supply organization may supply the surplus water that has arisen as a result of water users waiving their allocated water intake limits or a reduction in water needs to another demanding user.
Article 71. Water supply schedule
The water intake limits of a water user are included in a water supply schedule, which is an addendum to the water use agreement signed by the water supply organization and the water user, taking into account the seasonal needs of the water users and the obligations to supply water to other water users.
Chapter 11. Rights and obligations of water users and water supply organizations
Article 72. Rights of water users
Water users have the right to:
use water objects for the purposes for which they were granted;
construct and reconstruct structures, devices, and other objects in the manner prescribed by the legislation for the implementation of water use;
check the quantity and quality of the water supplied;
participate in the adoption of decisions on water resources management in the manner prescribed by the legislation;
submit proposals for changing water intake limits based on the forecasted and actual water level of the water source;
demand compensation for damage caused as a result of the violation of their rights and legal interests, including the violation of the right to water intake in accordance with the established water intake limits and water supply regime, in the manner prescribed by the legislation;
establish water user associations and other associations in the manner prescribed by the legislation.
Water users may also have other rights in accordance with the legislation.
Article 73. Protection of the rights of water users
The rights of water users are protected by law.
The violated rights of water users must be restored in the manner provided for by the legislation.
Article 74. Restriction of the rights of water users
The rights of water users may be restricted in the cases provided for by the legislation, for the purpose of protecting the health of the population, protecting the environment, ensuring national security, as well as in cases of water scarcity, and natural and man-made emergencies. In this case, the conditions for using water objects for the drinking and domestic needs of the population shall not be worsened.
The rights of water users to exclusive water use may be restricted by the authorized body that granted the water object for exclusive use, and the rights to special water use may be restricted by the authorized bodies that issued the permit for special water use, in the manner prescribed by the legislation.
Article 75. Obligations of water users
Water users must:
manage and use the water resources granted to them rationally, not allow water to be used for unintended purposes, and take measures to save water and restore and improve its quality;
comply with the established water intake limits and water use rules;
use water objects for the established purposes;
in special water use, formalize a permit for special water use;
conclude a water use agreement and submit an application for water intake in a timely manner;
take measures to completely stop the discharge of waters containing pollutants into water objects;
not allow the violation of the rights and legitimate interests of other water users, as well as damage to water management objects and natural resources (lands, flora and fauna, mineral resources, etc.);
equip water intake points with water management and accounting facilities, maintain the water management objects and structures belonging to them in a technically sound condition, and comply with the established rules for their use;
equip the places of discharge of sewage into water objects and onto the terrain with means for automatic monitoring;
keep records of the volume of water taken and the volume of sewage discharged into water objects and onto the terrain, and provide the necessary information to the authorized bodies that issued the permit for special water use, as well as to the water supply organizations;
pay fees for the use of water resources, as well as for the services of water supply organizations and other water management services provided on a contractual basis, in a timely manner, and also pay compensation fees for the discharge of pollutants into water objects and onto the terrain;
take measures for water saving and the introduction of digital technologies;
take measures to prevent and eliminate the pollution, contamination, and depletion of waters, and to eliminate the harmful effects of water on water objects, as well as to prevent the pollution of areas where surface and underground waters accumulate;
comply with the established regime for the maintenance of water protection zones, coastal areas, and sanitary protection zones of water objects;
allow representatives of the bodies that carry out state control over water use and conservation to enter their water management objects in the prescribed manner and provide them with the necessary information;
in the event of accidents and other natural and man-made emergencies that affect the condition of waters and water objects, timely notify the water supply organizations that serve them and the local executive bodies, and participate in work to eliminate their consequences, as well as in repair and restoration work on water objects in the manner prescribed by the legislation;
carry out measures to protect fish, other aquatic flora, and fauna.
Water users may also have other obligations in accordance with the legislation.
Water user organizations and individuals who own a vertical irrigation well on their balance sheet are exempt from paying for water management services for the land plot directly adjacent to this irrigation well.
Article 76. Obligations of water users who use water resources for agricultural needs
Water users who use water resources for agricultural needs, in addition to the obligations provided for in Article 75 of this Code, must:
maintain a favorable regime for irrigating agricultural crops and trees, as well as for water supply to pastures;
improve irrigation facilities and methods by introducing water-saving irrigation technologies and advanced irrigation techniques;
eliminate the causes and consequences of negative processes on the basis of monitoring waters used for agricultural needs;
maintain a favorable regime for irrigating agricultural crops, as well as for water supply to pastures;
carry out agrotechnical measures that allow for water saving;
carry out amelioration measures that allow for the preservation of soil fertility;
not allow the discharge of water supplied for irrigation into the collector-drainage network, water objects, and onto the terrain if the discharge of water is not provided for in the technological process;
participate in the construction, reconstruction, repair, and restoration of water management objects, as appropriate, in the manner prescribed by the legislation.
Article 77. Obligations of enterprises, institutions, and organizations that use fishing water basins or fishing areas
Enterprises, institutions, and organizations that have been granted fishing water basins or fishing areas for use, in addition to the obligations provided for in Article 75 of this Code, must, in the prescribed manner:
ensure the conditions for the reproduction of fish stocks;
carry out the construction, reconstruction, and restoration of irrigation and amelioration networks and other structures in the fishing water basins or fishing areas, and also maintain them in a technically sound condition;
carry out the necessary amelioration work and maintain the coastal areas in a proper sanitary condition where these enterprises, institutions, and organizations are located.
Article 78. Prohibition of unauthorized water use, unauthorized regulation of water supply, and unauthorized water intake
The use of water objects of special state, scientific, or cultural value may be partially or completely prohibited in the manner prescribed by the legislation.
It is prohibited for water users to make unauthorized changes to hydraulic structures in water objects, as well as to install temporary dams, pumping stations, pumps, water-lifting, and other water intake structures, for the purpose of increasing or decreasing water supply without the consent of water supply organizations.
Unauthorized water intake is prohibited.
Article 79. Prohibition of the passage of tractors, vehicles, and the herding of livestock across artificial water objects and hydraulic structures
The passage of agricultural machinery (tractors, etc.), automobiles, and other vehicles, as well as the herding and watering of livestock, across canals, other artificial water objects, hydraulic structures, and other water management objects in places not intended for these purposes is prohibited.
The watering of livestock in water objects, as well as bathing them, is allowed in places specially equipped for these purposes.
Article 80. Rights of the Water Supplier Organization
The water supplier organization shall have the following rights:
to construct and reconstruct facilities, structures, and other objects in accordance with the procedure established by law for the purpose of water use;
to monitor and verify the quantity and quality of supplied water;
to demand timely payment for the services provided;
to suspend the supply of water to water users in cases of violation of the rules for water use, misuse of water, exceeding the established water intake limits, or failure to make timely payment for supplied water and other water management services, until the identified breaches of contract conditions are remedied;
to demand compensation, in the manner prescribed by law, for damages caused by the violation of its rights and legitimate interests, including violation of its right to water intake in accordance with established limits and water supply schedules.
The water supplier organization may also have other rights in accordance with the law.
Article 81. Obligations of the Water Supplier Organization
The water supplier organization shall:
use water resources rationally and efficiently, prevent their misuse, ensure economical use of water, and restore and improve its quality;
comply with the established limits for water intake and the procedure for water use;
use water bodies only for the purposes for which they are provided;
prevent any increase in the volume of discharge water;
conclude contracts for water supply and ensure the timely delivery of the agreed quantity of water of the required quality;
compensate for any undelivered water under the water supply contract, except as provided by law;
take measures to terminate the discharge of wastewater containing pollutants exceeding established norms into water bodies;
prevent violations of the rights and legitimate interests of water users, as well as damage to water bodies, economic facilities, and natural resources (land, flora and fauna, mineral resources, etc.);
equip water intake points with water management and accounting devices, maintain water management facilities and structures in proper technical condition, and comply with the established rules for their intended use;
keep records of the volume of water taken and wastewater discharged into water bodies and terrain relief, and provide the necessary information to authorized bodies and serviced water users;
take measures to save water, introduce water-saving irrigation technologies, reduce water losses during delivery, and ensure control over unauthorized water withdrawal;
participate in the implementation of measures to prevent and eliminate water pollution, contamination, and depletion, and prevent pollution of areas where surface and groundwater accumulate;
comply with the rules and conditions for the protection and use of water protection zones, coastal strips, and sanitary protection zones of water bodies;
allow representatives of state supervisory bodies responsible for monitoring the use and protection of water and water bodies to enter its water management facilities in accordance with the established procedure and provide them with the necessary information;
promptly inform water users and local executive authorities about accidents or other natural and technogenic emergencies affecting the condition of water and water bodies, and participate in the elimination of their consequences;
implement measures for the protection of fish and other aquatic flora and fauna.
The water supplier organization may also bear other obligations in accordance with the law.
Chapter 12. Associations of water users, non-governmental organizations, and the rights and obligations of their members
Article 82. Associations and other non-governmental organizations in the field of water use
Water users may establish non-governmental organizations such as associations, unions, and other associations for the purpose of coordinating their activities in the field of regulating water relations, as well as protecting their rights and interests.
Article 83. Rights and obligations of water user associations
Water user associations have the right to:
express and protect the rights and legal interests of the associationʼs members;
demand from the water supply organization that serves them the fair distribution and supply of water among the water users;
participate with proposals in the development of plans for the repair and reconstruction of irrigation and collector-drainage networks and other water management objects, and in the development of plans for measures to equip the main water intake points with water management and accounting facilities;
submit proposals to the republican executive bodies and local executive bodies and participate in the preparation of their decisions in the manner prescribed by the legislation;
join unions for the purpose of coordinating the associationsʼ activities and protecting their rights and legal interests.
A water user association may also have other rights in accordance with the legislation and the statutes of the water user association.
A water user association must:
comply with the requirements of water legislation;
ensure the openness and accessibility of information on the use of the associationʼs property and funds for its members;
submit reports on its activities to the registration body, tax authorities, and state statistics bodies in the prescribed manner.
Water user associations may also have other obligations in accordance with the legislation and the statutes of the water user association.
PART IV. USE OF WATER OBJECTS AND WATER MANAGEMENT OBJECTS
Chapter 13. Use of water and water management objects
Article 84. Use of reservoirs
The rules for the use of reservoirs determine the regime for filling and discharging water from reservoirs, the regime for changing the water level, the regime for the passage of water through hydraulic structures, the ensuring of unhindered and safe passage of vessels, and the ability of fish to pass to spawning grounds.
Organizations that use dams and levees on reservoirs, water-transfer and water-intake structures, hydropower complexes, and other structures must comply with the established rules for filling and discharging water from reservoirs, including complying with the regime for discharging water for ecological purposes, taking into account the interests of water users, land plot owners, landholders, and land users located in the impact zones of the reservoirs, as well as ecological purposes.
The procedure for the use of reservoirs is determined by the rules for each reservoir, which are approved by the Ministry of Water Resources of the Republic of Uzbekistan in agreement with the Water Management Objects Safety and Water Use Control Inspection under the Ministry of Water Resources of the Republic of Uzbekistan and other interested bodies.
Article 85. Organization and coordination of measures to ensure the technical condition and beautification of reservoirs
The organization and coordination of measures to ensure the technical condition and beautification of reservoirs are carried out by the relevant water management user organizations.
Article 86. Procedure for the use of lakes and other water bodies as reservoirs
The use of lakes and other water bodies as reservoirs is carried out in the manner provided for by this Code and other legislative acts, taking into account the provisions of Articles 84 and 85 of this Code, as well as their status (recreational value, protected natural territories).
Article 87. Procedure for the use of hydraulic structures
Hydraulic structures used by water management user organizations are state property and are used in the prescribed manner.
Hydraulic structures transferred to the private sector for management on the basis of public-private partnership principles are used in the manner prescribed by the public-private partnership agreement, as well as by the legislation.
Hydraulic structures transferred to agricultural producers according to the decisions of the Chairman of the Council of Ministers of the Republic of Karakalpakstan and regional hokims are used by them for the established purpose. Hydraulic structures built at the expense of water usersʼ own funds are used by them as appropriate. Water management bodies may provide technical services for hydraulic structures at water management objects to water users on a contractual basis.
Chapter 14. Use of water objects for drinking and domestic water supply
Article 88. Priority provision of water objects for the drinking and domestic needs of the population
Water objects are provided for use primarily to satisfy the drinking and domestic needs of the population.
The quality of the water of water objects provided for the drinking, domestic water supply, and other needs of the population must comply with the established sanitary rules, norms, and hygiene standards, as well as national standards.
The use of water objects provided for drinking and domestic water supply is carried out in accordance with this Code.
Article 89. Restriction of the use of fresh underground waters for needs unrelated to drinking and domestic water supply
The use of fresh underground waters for needs unrelated to drinking and domestic water supply is not allowed, with the exception of cases provided for in the second part of this article.
In areas where there are no necessary surface water sources and there are sufficient reserves of fresh underground waters, mining and geology bodies, in accordance with the confirmed limits, may permit the use of these waters for purposes unrelated to drinking and domestic water supply.
In areas where a systematic decrease in the level of fresh underground waters is established based on the results of state monitoring of underground waters, the drilling of wells, the issuance of hydrogeological conclusions, and permits for special water use may be restricted, suspended, or prohibited.
Article 90. Ensuring the safety of drinking and domestic water supply sources
Local executive bodies, legal entities regardless of the form of ownership, and individuals must maintain the quality of water in the water sources used for drinking and domestic water supply in accordance with the requirements of sanitary rules, norms, hygiene standards, and national standards.
Chapter 15. Use of water objects for therapeutic, resort, and health purposes
Article 91. Priority use of water objects categorized as medicinal waters for therapeutic and resort purposes
Water objects categorized as medicinal waters in the prescribed manner are used primarily for therapeutic and resort purposes.
Water management bodies, as well as ecology, environmental protection and climate change, and mining and geology bodies, may in certain cases, as appropriate, permit the use of water objects categorized as medicinal waters for other purposes in agreement with health bodies and sanatorium-resort administrations.
The discharge of water into water objects categorized as medicinal waters is prohibited.
Article 92. Use of water objects for recreation, tourism, and sports
The procedure for the use of water objects for recreation, tourism, and sports is determined by the legislation.
Chapter 16. Use of water objects for agricultural needs
Article 93. Water use for agricultural needs
Water use for agricultural needs is carried out on the basis of special water use conditions, in compliance with the prescribed procedure for water use according to water intake quotas and water intake limits.
The irrigation of agricultural crops with sewage is carried out in the prescribed manner with the permission of the bodies of ecology, environmental protection and climate change, in agreement with the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health.
The supply of water that has a harmful effect on soil fertility and agricultural products to be grown for irrigating agricultural lands is prohibited.
Article 94. Use of water objects for irrigating personal household land plots
The use of water objects for irrigating citizensʼ crop fields and personal household land plots is provided for in the water intake quotas and water intake limits of the bodies of citizensʼ self-government. The bodies of citizensʼ self-government summarize the water needs of citizens for irrigating crop fields and personal household land plots, conclude water use agreements, and establish the procedure for water use among them, as well as organize repair and restoration work on irrigation networks.
Article 95. State support for the use of water-saving irrigation methods and technologies
For the purpose of further expanding the use of water-saving irrigation methods and technologies in agriculture and increasing the productivity and efficiency of water resources use, the authorized republican executive bodies in the field of regulating water use apply the following state regulation measures:
further developing the state support system for agricultural producers who introduce water-saving irrigation methods and technologies;
widely introducing water-saving irrigation methods and technologies in cultivated areas irrigated by irrigation wells and vertical drainage wells, as well as with the help of pumping stations or pumps;
stimulating research and development on water-saving irrigation methods and technologies, including improving stimulation mechanisms taking into account the soil and climatic conditions of the territories of the Republic of Uzbekistan, the experience of previously conducted tests, as well as work on creating new highly effective systems;
increasing awareness of existing water-saving methods, including highly effective methods and technologies of surface irrigation;
developing methodological recommendations for the design, introduction, and use of water-saving irrigation methods and technologies, including criteria for assessing their effective use based on the specifics of irrigated areas, agricultural crops, and their varieties;
organizing the training, retraining, and professional development of specialists in the introduction and use of water-saving irrigation methods and technologies;
expanding the use of technology for planning agricultural crop areas using automated laser levelers, as well as the underground closed irrigation system using modern flexible pipes;
developing and introducing scientifically-based norms of water circulation in industry and in domestic water supply;
using remote sensing systems to monitor and purposefully improve the productivity of water resources;
introducing water circulation and other organizational measures, as well as technologies aimed at combating water loss or its irrational use in the field.
Chapter 17. Use of water objects for industrial purposes, mining, and energy needs
Article 96. Use of water objects for industrial purposes, and for thermal and nuclear energy needs
Water users who use water objects for industrial purposes, and for thermal and nuclear energy needs, in addition to the obligations provided for in Article 75 of this Code, must take measures to reduce water consumption and to cease the discharge of sewage into water objects by improving production technology and introducing water supply circulation and secondary systems, as well as not allowing the radioactive contamination of water to exceed established norms.
When new industrial facilities are being designed and existing ones are being reconstructed, a circulating water supply must be provided for, with the exception of enterprises and other facilities that cannot be converted to a circulating water supply due to production conditions.
For operating enterprises that do not have a circulating water supply, the bodies of ecology, environmental protection and climate change, in agreement with the water management bodies and other authorized bodies, establish deadlines for their conversion to a circulating water supply system in accordance with the legislation.
Article 97. Use of water objects for hydropower needs
The use of water objects for hydropower needs is carried out in agreement with water management bodies, with due regard for the requirements for the comprehensive and rational use and conservation of water, taking into account the interests of other sectors of the economy and the population for the purpose of ensuring the stability of the electric power system. Hydropower enterprises, in addition to the obligations provided for in Article 96 of this Code, must:
comply with the work regime specified in the rules for the use of water objects, including the regime for filling and discharging water from reservoirs and the regime for changes in the upper and lower water levels;
ensure the discharge of water for sanitary and environmental protection purposes.
Chapter 18. Use of water objects for fishing and hunting needs, and for firefighting needs
Article 98. Use of water objects for fishing and hunting needs
For the purpose of fishing (including commercial fishing) and fish farming, and for the conservation and reproduction of fish resources and other related resources, water objects or parts of them, as well as parts of the water and water objects protection line, may be granted for the needs of fishing enterprises.
Water objects that serve as habitats for wild animals and birds may be used as hunting grounds for the needs of hunting enterprises.
Water objects of state reserves, complex (landscape) wildlife sanctuaries, nature parks, state biosphere reserves, and other protected natural areas do not fall under hunting grounds.
Hunting grounds may be granted to legal entities for carrying out hunting activities.
The procedure for the use of water objects for fishing needs is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
The procedure for the use of water objects for hunting needs is determined by the legislation.
Article 99. Restriction of water use for the interests of fishing enterprises
The rights of water users may be restricted for the interests of fishing enterprises in water basins or their certain parts that are of special importance for the conservation and reproduction of valuable species of fish and other hunting objects related to water.
The list of such water basins or their parts and the types of water use restrictions are determined by the bodies of ecology, environmental protection and climate change and water management bodies and are approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 100. Measures for the protection and reproduction of fish stocks
In the operation of hydraulic and other structures in fishing water basins, measures must be taken in a timely manner to ensure the protection of fish stocks and the conditions for their reproduction.
It is not allowed to dump soil in the spawning grounds and wintering habitats of fish in fishing water basins, and to carry out other work that has a negative impact on the condition of fish stocks and the conditions for their reproduction.
Water intake from fishing water basins for industrial purposes, irrigation, and other needs may be carried out only in agreement with the bodies of ecology, environmental protection and climate change, on the condition that special devices are installed at the water intake structures to prevent fish from entering them.
Article 101. Use of water objects for sports and amateur fishing
Sports and amateur fishing in water basins are allowed free of charge or for a fee on the basis of a permit from huntersʼ and fishermenʼs public associations in the places assigned to these associations, with the exception of water basins on the territory of state reserves, complex (landscape) wildlife sanctuaries, nature parks, and other protected natural areas.
Water objects or certain parts of them may be assigned to huntersʼ and fishermenʼs public associations by the authorized body in the prescribed manner. Sports and amateur fishing in natural water basins assigned to fishing enterprises, in fish nurseries, and in pond farms, as well as in places assigned to huntersʼ and fishermenʼs public associations, are carried out with their permits.
Article 102. Use of artificial water basins for fish farming
The use of artificial water basins for fish farming is allowed when the requirements of the legislation are observed.
Waters used for fish farming in artificial water basins are equated to sewage and are standardized in the manner prescribed by this Code.
Article 103. Granting of privileged rights to water use to legal entities and/or individuals who carry out hunting activities
Legal entities and/or individuals who carry out hunting activities in rivers, lakes, and other water objects that are habitats for wild waterfowl and valuable fur animals may be granted privileged rights to water use in the manner prescribed by the Cabinet of Ministers of the Republic of Uzbekistan, taking into account the requirements for integrated water use.
When operating reservoirs, other water objects, and water management structures, the interests of hunting activities must be taken into account in the use regime, which affects the mass habitats of wild waterfowl and valuable fur animals.
Article 104. Restriction of the use of water objects
In the habitats of valuable, rare, and endangered wild animals included in the Red Book of the Republic of Uzbekistan and in certain areas where measures for the reproduction and protection of their fauna are being carried out, amateur and commercial hunting, the presence of individuals, and economic and other activities that worsen the condition of water objects may be restricted.
Article 105. Use of water objects for firefighting needs
Water intake from any water objects is allowed for firefighting needs.
Chapter 19. Use of water objects for forestry needs and landscaping, as well as for navigation needs
Article 106. Conditions for the use of water objects for forestry needs and landscaping
The use of water objects for forestry needs and landscaping is carried out in the manner of general and special water use.
For the purpose of protecting the forest fund, as well as perennial trees and shrubs not included in the forest fund, the creation of an irrigation system and the ensuring of its effective operation are provided for.
For the purpose of conserving and protecting water and water objects, protective tree plantations are established along the banks of rivers, lakes, reservoirs, and other water objects, as well as sanitary protection zones of water supply sources and their certain areas.
Article 107. Procedure for the use of water objects for forestry needs
The procedure for the use of water objects for forestry needs is determined by this Code, forestry legislation, and other legislative acts.
Article 108. Procedure for the use of water objects in protected natural areas and measures for their conservation
The use of water objects of state reserves, complex (landscape) wildlife sanctuaries, nature parks, state biosphere reserves, wetlands of international importance as habitats for waterfowl, and other protected natural areas for fishing, hunting, collecting aquatic plants and organisms, as well as other activities that disrupt the natural condition of these waters, is prohibited in accordance with their regime.
The discharge of sewage into water objects of state reserves, complex (landscape) wildlife sanctuaries, nature parks, and state biosphere reserves is prohibited.
The discharge of sewage and the implementation of irrigation and amelioration measures into water objects of other protected natural areas are allowed in accordance with their regime, provided that the requirements established by this Code are observed.
Water objects or certain parts of them that are of priority ecological, scientific, cultural, aesthetic, recreational, and sanitary-health significance are declared protected natural areas in the manner prescribed by the legislation and are withdrawn from economic use.
The regime for the use and conservation of waters and water objects of protected natural areas is established by the legislation.
The withdrawal of water objects of protected natural areas is allowed in necessary special cases by the Cabinet of Ministers of the Republic of Uzbekistan and authorized bodies in the manner prescribed by the legislation.
Article 109. Navigable water objects
Rivers, lakes, reservoirs, and canals are water objects for common use, with the exception of cases when their use for these purposes is fully or partially prohibited or they are granted for exclusive use.
The use of water objects for navigation is carried out in agreement with the water management bodies, the bodies of ecology, environmental protection and climate change, and the authorized bodies in the field of transport.
The use of water objects for navigation by small vessels (rowing and motor boats, launches, sailing yachts, and the like) is allowed in compliance with the rules for the use of small vessels determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Chapter 20. Use of water objects for the discharge of sewage and collector-drainage water
Article 110. Conditions for allowing the discharge of sewage and collector-drainage water into water objects
The discharge of sewage and collector-drainage water into water objects falls under the category of special water use, and this is allowed only in cases that do not lead to the exceeding of the established norms of pollutants in the composition of the water objects and on the condition that the water user cleans the water to the levels established by the bodies of ecology, environmental protection and climate change and the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health.
If these requirements are violated, the discharge of sewage must be restricted or prohibited by the bodies of ecology, environmental protection and climate change and the Committee for Sanitary and Epidemiological Wellbeing and Public Health. In cases that pose a threat to the health of the population, the use of production and other objects must be suspended.
In the design and construction of objects that provide for the discharge of sewage into water objects, the requirements of environmental and sanitary norms and rules must be observed.
Article 111. Repeated use of sewage for landscaping
The repeated use of sewage for landscaping is allowed in the prescribed manner after it has been purified, in agreement with the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health, if necessary and if there is a positive conclusion from the bodies of ecology, environmental protection and climate change.
Chapter 21. Use of non-metallic mineral resources of water objects
Article 112. Carrying out work related to the change of the bed and banks of water objects
Deepening the channel bed, water management, blasting, drilling, and other work related to the change of the bed and banks of water objects are carried out in accordance with this Code and other legislative acts.
Article 113. Clearing the beds of rivers and streams and strengthening their banks
Work on clearing the beds of rivers and streams and strengthening their banks is carried out for the purpose of safe passage of floodwaters and mudflows, ensuring the safe operation of transport infrastructure objects and water management objects, as well as improving the ecological condition of water objects.
The clearing of the beds of rivers and streams and the strengthening of their banks, as well as the ensuring of the safe passage of floodwaters and mudflows, are carried out in the manner prescribed by the Cabinet of Ministers of the Republic of Uzbekistan.
Project documentation for carrying out work on clearing the beds of rivers and streams and strengthening their banks must undergo a state ecological expertise by the authorized body for environmental protection in the manner prescribed by the legislation.
Sand and gravel materials extracted during the clearing of the beds of rivers and streams are used, first and foremost, for strengthening the banks. Sand and gravel materials extracted during the clearing of the beds of rivers and streams that are not used for strengthening the banks may be sold in the prescribed manner.
Article 114. Use of soil from the beds of water objects
Soil removed from the beds of water objects may be used in agreement with the water management user organizations. In this case, the soil from the water bed should not contain non-metallic mineral resources.
PART V. CONSERVATION OF WATER AND WATER OBJECTS, PREVENTION OF THE HARMFUL EFFECTS OF WATER
Chapter 22. Conservation of water and water objects
Article 115. Tasks of conserving water and water objects
Water and water objects must be protected from contamination, pollution, and depletion for the purpose of preventing changes in the physical, chemical, and biological properties of water, a decrease in the natural self-purification capacity of water, and a violation of the hydrological and hydrogeological regime of water, which may harm the health of the population, worsen water supply conditions, as well as lead to a decrease in fish stocks and other adverse phenomena.
Article 116. Measures to ensure the conservation of water and water objects and to improve the water regime and condition
Organizations and institutions whose activities affect the condition of waters and water objects must carry out technological, forest reclamation, agrotechnical, irrigation, and sanitary-technical measures in agreement with the bodies of ecology, environmental protection and climate change, water management bodies, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health, and other interested bodies.
Article 117. Protection of water and water objects from pollution and contamination
Legal entities and individuals are prohibited from:
discharging untreated sewage, waste, and refuse of industrial, domestic, and other types into water objects;
polluting and contaminating water and water objects as a result of spills of oils, timber, chemical, petroleum products, and other products;
contaminating and polluting the areas where water accumulates, the ice cover, and the surface of water basins with industrial waste, domestic and other waste, refuse, and discarded waste, as well as with petroleum and chemical products, the runoff of which leads to a worsening of the quality of surface and underground waters;
contaminating waters with fertilizers, toxic chemicals, and other harmful substances;
violating the regime of water protection and sanitary protection zones of water objects.
The discharge of sewage and collector-drainage water into water objects is allowed only in compliance with the requirements provided for in Articles 110 and 111 of this Code.
Article 118. Protection of surface and underground waters from depletion
Depletion of surface waters means a sustained decrease in the quantity of surface waters and/or deterioration of their quality within a particular territory or basin in relation to their permissible minimum quantity and reserves.
Depletion of groundwater means a sustained decrease in the renewable (natural) reserves of groundwater and/or deterioration of its quality within a particular territory or basin of groundwater deposits or an aquifer.
A sustained and progressive decline over time in the fluctuating levels of the exploited aquifer resulting from excessive abstraction of groundwater, insufficient inflow or recharge of water into the aquifer, lack of control over free-flowing artesian wells, and other causes, as well as pollution of aquifers, shall constitute signs of groundwater depletion.
Legal entities and individuals shall take measures, in the manner prescribed by legislation, to protect surface waters and groundwater and to prevent their depletion.
Article 119. Conservation of water objects of special state importance
The legal regime for the conservation of water objects of special state importance is established by this Code, legislation on nature protection, and other legislative acts and includes:
ensuring the priority of water discharge for ecological and sanitary purposes to maintain a stable water flow and to conserve and restore ecological systems in water objects;
establishing norms for technogenic load and water quality for the ecological system of the water object;
protecting the water area of the water object from water and wind erosion, desertification, waterlogging, secondary salinization, and pollution with production and consumption waste and other pollutants;
recultivating the lands of the water fund that have been disturbed as a result of anthropogenic interference or natural disasters;
establishing a special regime for economic activity aimed at maintaining and improving the sanitary-epidemiological and ecological situation;
other measures aimed at conserving water objects in natural areas.
The following are prohibited in water objects of special state importance and in adjacent territories:
activities that lead to the destruction of the natural ecosystems of the water object basin and changes in the environment that are dangerous for the life and health of the population;
the import, storage, or burial of radioactive waste and products that cannot be neutralized or disposed of in water protection zones;
mowing reeds and other plants, burning them, uprooting trees, and processing the beds of rivers that are important as spawning grounds for fish;
carrying out economic activities and providing services for the performance of work without a mandatory state ecological and sanitary expertise;
other activities that have a negative impact on the condition of water objects of special state importance.
When compiling the general and basin schemes for the integrated use and conservation of water and water resources, the specifics of the regime for regulating economic activity in water objects of special state importance are taken into account.
The list of water objects of special state importance and the specifics of the legal regime for regulating economic activity in them are determined by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 120. Conservation of small rivers and streams
The use of small rivers and streams is carried out in the manner of general or special water use.
The procedure for carrying out general water use and economic activity, as well as measures for preventing and eliminating their contamination, pollution, and depletion within the water protection zones and areas of small rivers and streams, are determined by local executive bodies in agreement with the bodies of ecology, environmental protection and climate change, water management bodies, and the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health.
In areas at risk of mudslides, general water use, economic activity, and other measures provided for in the second part of this article are also agreed upon with the specially authorized republican executive bodies in the field of protection from emergencies.
Institutions, organizations, farms and dehkan farms, and other legal entities and individuals whose economic activities have a negative impact on the condition and regime of small rivers and streams must, together with water management bodies and the bodies of ecology, environmental protection and climate change, carry out measures to maintain the water level, purity, and quality of water.
For the purpose of maintaining the water level of small rivers and streams, the following are prohibited in these rivers and streams:
changing the relief of the basin, and destroying or changing the beds of drying rivers and their flows;
straightening or narrowing the channels, deepening their beds below the natural level, or blocking them without equipping them with water transfer structures;
reducing the natural vegetation cover and tree cover of the basin, plowing floodplains, and using chemical fertilizers on such lands;
carrying out drainage and reclamation work in the waterlogged areas in the upper part and in natural lands;
carrying out other activities that may have a negative impact on the water level and the quality of water in them.
The water protection zones, coastal areas, and sanitary protection zones of small rivers and streams, and the regime of economic activity of enterprises, organizations, and institutions, as well as citizens in these zones and territories, are determined by this Code and other legislative acts.
Article 121. Emergency ecological situation or ecological disaster zones in water objects
Water objects, their parts, and their water accumulation areas where changes that pose a threat to human health, flora and fauna, the condition of the natural environment, and the property of legal entities and individuals occur as a result of economic activity or natural processes may be declared emergency ecological situation or ecological disaster zones.
Areas of water objects are declared emergency ecological situation zones when stable or irreversible changes in the natural environment occur or are occurring, which are related to the disturbance of the balance of nature and the destruction of natural ecological systems.
Emergency ecological situation or ecological disaster zones in water objects are established based on one or more primary and secondary indicators that reflect a higher degree of ecological deterioration.
Decisions on declaring emergency ecological situation or ecological disaster zones in water objects are adopted in the manner prescribed by the legislation.
In emergency ecological situation and ecological disaster zones in water objects, work that caused the situation (disaster) is suspended, activities that have a harmful effect on the natural environment are prohibited (with the exception of activities related to serving the population), and measures for its restoration and rehabilitation are taken.
Article 122. Water discharge for sanitary and ecological purposes
Water discharge for sanitary and ecological purposes ensures compliance with water quality norms, favorable conditions for water use, as well as the conservation of the ecological systems of wetlands, lakes, and coastal areas in competitive water use and in water flow management.
Water discharge for sanitary and ecological purposes is determined depending on the water level of the year, within the framework of water management balances and water use plans.
The bodies of ecology, environmental protection and climate change develop the methodology for determining the indicators and regime of water discharge for sanitary and ecological purposes.
Chapter 23. Use and conservation of underground waters
Article 123. Use of underground waters
Underground waters must be used for their intended purpose. The use of fresh and brackish underground waters, as well as thermal and mineral waters, through group water intake (when there are two or more simultaneously used boreholes in one structure) is allowed if there are confirmed exploitable reserves. The reserves of underground waters are approved by the State Commission for Mineral Reserves under the Ministry of Mining and Geology of the Republic of Uzbekistan in the manner prescribed by the legislation.
The use of underground waters for various needs is regulated by the bodies of the Ministry of Mining and Geology of the Republic of Uzbekistan together with water management bodies, taking into account their interconnectedness with surface waters.
The use of underground waters must be carried out in compliance with the procedure and conditions for special water use.
Article 124. Conservation of underground waters
Persons engaged in the extraction and use of underground waters must carry out observations of their regime in the water intake area and in the adjacent territory, and also keep records of the quantity and quality of the water used.
If, during the performance of drilling and other exploration work related to the search, study, and use of mineral deposits, layers containing underground waters are found, the bodies of the mining and geology industry must be notified about this, and measures for the conservation of underground waters must be taken in the prescribed manner.
In all cases where wells drilled for the discharge of industrial and other sewage may become a source of pollution of the aquifer, the drilling of such wells is prohibited.
The drilling of wells for underground waters is carried out on the basis of a permit issued by the State Institution “Center for Subsoil Use” under the Ministry of Mining and Geology of the Republic of Uzbekistan in the manner prescribed by the Cabinet of Ministers of the Republic of Uzbekistan. In this case, the drilling of each well is allowed after the State Institution “Center for Subsoil Use” under the Ministry of Mining and Geology of the Republic of Uzbekistan has issued a hydrogeological conclusion in the manner prescribed by the legislation.
Drilling a well without obtaining a hydrogeological conclusion is considered illegal. Wells that are self-flowing and unsuitable for use must be equipped with water management devices, conserved, or liquidated, and other wells that are unsuitable for use must be liquidated in the manner prescribed by the legislation.
It is not allowed to set up solid and liquid waste collectors and landfills in the zone where fresh underground water deposits are formed, or to place industrial, agricultural, and other objects whose activities may become a source of pollution of underground waters.
Measures for the conservation of underground waters, including the creation of an observation network of wells and the maintenance of production monitoring, are carried out by enterprises whose activities affect or may affect the condition of underground waters.
Chapter 24. Carrying out work in water protection zones, coastal areas, and sanitary protection zones of water objects
Article 125. Water protection zones, coastal areas, sanitary protection zones, and sanitary-protective areas of water objects
Water protection zones and coastal areas of water objects are established for the purpose of preventing and eliminating the contamination, pollution, depletion, and silting of water objects with products of soil erosion, as well as creating favorable conditions for maintaining a favorable water regime, use, and repair-restoration work. Sanitary protection zones of water objects are established for the purpose of protecting the waters used for the drinking, domestic, and therapeutic-health needs of the population.
A special regime for economic activity is established in the water protection zones, coastal areas, and sanitary protection zones of water objects, based on the designated purpose, location, and technical indicators of the water objects.
Water protection zones, coastal areas, and sanitary protection zones of water objects are established on the basis of relevant projects upon the proposals of the bodies of ecology, environmental protection and climate change, mining and geology bodies, as well as water user organizations.
Projects for establishing water protection zones, and for separating coastal areas from them, as well as for establishing sanitary protection zones and for separating sanitary-protective areas from them (hereinafter referred to as projects):
for natural water objects — are developed separately for each such water object;
for water management objects — as part of construction, reconstruction, repair, and restoration projects or separately;
for sanitary protection zones of drinking, domestic, and therapeutic-health water sources of the population — are developed by the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health.
The following are the customers for the development of projects:
for natural surface water objects — the water management bodies, as well as the bodies of ecology, environmental protection and climate change, respectively;
for underground water objects — the mining and geology bodies;
when developed as part of construction, reconstruction, repair, and restoration projects for water management objects — the specialized client organizations of these projects;
when developed separately for water management objects — the organizations that use these objects.
Projects are developed by organizations entrusted with the task of carrying out land management work, and if necessary, with the involvement of other design organizations.
Projects are developed on the basis of field studies and topographic surveys, hydrological, hydrogeological, engineering-geological, sanitary-epidemiological, agrotechnical, soil, and geobotanical data, and for water objects with complex geological and hydrogeological conditions — on the basis of additional scientific research and the requirements provided for in Chapter 25 of this Code, and are then submitted for expertise in the prescribed manner.
Work on establishing water protection zones and sanitary protection zones, as well as on separating coastal areas and sanitary-protective areas from them, is organized on the basis of proposals from customers based on their project documentation:
for water objects of district and provincial significance — by the decisions of the Council of Ministers of the Republic of Karakalpakstan, the hokimiyats of the provinces, and the Tashkent city hokimiyat;
for water objects of transboundary, inter-regional, and republican significance, as well as for mineral water sources of resorts and sanatoriums of republican significance and other therapeutic facilities — by the decisions of the Cabinet of Ministers of the Republic of Uzbekistan.
The work on establishing water protection zones and sanitary protection zones of water objects, as well as on separating coastal and sanitary-protective areas from them, is carried out in the following sequence:
at the initial stage, the client organization ensures the obtaining of relevant submissions (conclusions) from the bodies of ecology, environmental protection and climate change, agricultural bodies, water management bodies, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health, and the mining and geology bodies;
the client organization organizes the development of the project by engaging organizations entrusted with the task of carrying out land management work on a contractual basis;
the client organization submits the project for expertise in the prescribed manner to the bodies of ecology, environmental protection and climate change, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health (for objects whose water is used for drinking, domestic, and therapeutic-health purposes), the mining and geology bodies (for natural underground water objects), the water management bodies (for surface water objects), as well as to other interested organizations;
the client organization prepares proposals for establishing water protection zones and sanitary protection zones, and for separating coastal and sanitary-protective areas from them, and submits them in the prescribed manner, as appropriate, to the Council of Ministers of the Republic of Karakalpakstan, the hokimiyats of the provinces and the Tashkent city hokimiyat, or to the Cabinet of Ministers of the Republic of Uzbekistan;
the proposals submitted by the client organization for establishing water protection zones and sanitary protection zones, and for separating coastal and sanitary-protective areas from them, are considered by the Council of Ministers of the Republic of Karakalpakstan, the hokimiyats of the provinces, the Tashkent city hokimiyat, or the Cabinet of Ministers of the Republic of Uzbekistan in the prescribed manner, and a corresponding decision is made.
The consideration of proposals for separating coastal and sanitary-protective areas that provide for the transfer of lands from one category to another is carried out in the manner prescribed by the legislation.
The planning and implementation of engineering, irrigation-reclamation, sanitary-technical, and other water conservation measures in the prescribed manner are ensured by the client organizations.
Article 126. Water protection zones and coastal areas of water objects, and sanitary protection zones of drinking and domestic water supply structures
Water protection zones and coastal areas of water objects, and sanitary protection zones of drinking and domestic water supply structures are established according to the following norms:
Water protection zones of water objects
Coastal areas of water objects
Sanitary protection zones of drinking and domestic water supply sources
Other additional norms related to water protection zones, coastal areas, sanitary protection zones, and sanitary-protective areas of water objects are established in Articles 127 — 133 of this Code.
Article 127. Water protection zones and coastal areas of reservoirs and other water basins
Water protection zones of reservoirs and other water basins are established along their entire perimeter, and coastal areas are separated within them. The water protection zones of reservoirs and other water basins include the following:
zones where the banks are forecasted to be eroded (slumped) within 50 years (a zone with restricted new construction);
erosion-active zones, which include lowlands, ravines, streams, coastal slopes, and eroded lands with a slope greater than 5 degrees, and moving land plots that are directly adjacent to reservoirs and other water basins;
zones that are temporarily flooded when the water level of reservoirs and other water basins rises to its maximum;
permanently flooded zones;
protective tree plantations on the banks of reservoirs and other water basins.
The boundaries of the water protection zone are established taking into account the specific characteristics of the location and are combined with natural and artificial boundaries and barriers that partially retain and redistribute surface waters flowing down from the elevated territories, river valley edges, streams, road and transport networks, and other engineering structures.
The inner boundary of the water protection zone of reservoirs is established from the water level line when the water rises to its normal level, and for other water basins -from the water level line of the average multi-year level.
The water level line is understood as the line where the water surface meets the channel (bank) of the water object.
The inner boundary of the water protection zone and the coastal area of the dams, water intake and water discharge, and other structures of reservoirs is established from their extreme contours (boundaries).
The width of the water protection zones and coastal areas of water objects is determined in accordance with Article 126 of this Code.
In the development of projects for establishing water protection zones and coastal areas of reservoirs and other water basins, the upper limit of the width of the water protection zones and coastal areas may be specified, taking into account the full study of the actual conditions on the ground.
In this case, a reduction in the lower limit of the width of the water protection zones and coastal areas is not allowed.
Article 128. Establishing water protection zones along rivers, streams that do not dry up, and other natural watercourses
Water protection zones are established along all rivers and other natural watercourses that have a permanent or temporary flow, regardless of who has jurisdiction over or uses these territories.
The water protection zone includes floodplains, land plots where underground waters seep out, land plots where floods, mudslides, snow avalanches, and landslides occur, the primary terraces above the floodplain, the edges and steep slopes of the root banks, streams, ravines that flow directly into the river valley, and eroded sections of the banks.
The inner boundaries of the water protection zones of rivers are established starting from the average multi-year water level line.
The width of the water protection zones of rivers and other watercourses that do not dry up is established in the sizes provided for in Article 126 of this Code, taking into account geomorphological and hydrogeological conditions, the nature of land use in adjacent areas, and the average multi-year water flow.
The width of the water protection zone along the entire length of a river is established depending on the water flow in each segment of the riverʼs length.
In the development of projects for establishing water protection zones of rivers and other watercourses that do not dry up, the upper limit of the width of the water protection zones may be specified, taking into account the full study of the actual conditions on the ground. In this case, a reduction in the lower limit of the width of the water protection zones is not allowed.
Article 129. Coastal area along rivers, streams that do not dry up, and other natural watercourses
A coastal strip shall be designated within the water protection zone of rivers and other perennial streams.
The conduct of economic activities and the construction of any type of buildings and structures within this coastal strip shall be prohibited, except for the construction of water management facilities.
The width of the coastal strip of rivers and other perennial streams shall be determined based on the average long-term water level line and established in accordance with the dimensions provided for in Article 126 of this Code, taking into account the adjacent lands and the steepness of the riverbanks.
The maximum dimensions of coastal strips shall apply to the most erosion-prone (washable) soils.
When developing projects for establishing the coastal strips of rivers and other perennial natural watercourses, the upper limit of the width of such coastal strips may be specified, taking into account the actual local conditions. In such cases, the lower limit of the width of coastal strips shall not be reduced.
For mountain rivers and other perennial natural watercourses, the width of the coastal strip shall be determined in each individual case, taking into account the nature and purpose of the use of adjacent lands, as well as their impact on the condition of the water.
Within settlements, the dimensions of the coastal strips of rivers and other perennial natural watercourses shall be determined taking into account local specific conditions and the urban development master plan, in agreement with the bodies for ecology, environmental protection and climate change, the Committee for Sanitary and Epidemiological Wellbeing and Public Health, emergency management authorities, construction authorities, water management authorities, agricultural authorities, cadaster authorities, hydrometeorological authorities, and other competent state authorities, as appropriate.
Article 130. Establishing water protection zones of channels whose water is used for drinking, domestic, and therapeutic-health purposes
For the purpose of preventing an impact on the condition of the waters, water protection zones are established along channels whose water is used for drinking, domestic, and therapeutic-health purposes, and a coastal area is separated from them.
The width of the water protection zones of channels whose water is used for drinking, domestic, and therapeutic-health purposes is established taking into account geomorphological and hydrogeological conditions and the nature of land use in adjacent areas, and is taken from the normal water level line in the sizes provided for in Article 126 of this Code.
In the development of projects for establishing water protection zones of channels whose water is used for drinking, domestic, and therapeutic-health purposes, the upper limits of the width of the water protection zones may be specified, taking into account the full study of the actual conditions on the ground. In this case, a reduction in the lower limit of the width of the water protection zones is not allowed.
Article 131. Establishing coastal areas of channels, irrigation, and collector-drainage networks
Only coastal strips shall be designated along water management facilities whose waters are used for irrigation and technical needs, including canals, irrigation and collector-drainage networks, for the purposes of their operation, reconstruction, repair and restoration, as well as the rational management and accounting of water resources and the implementation of other related measures.
The conduct of economic activities and the construction of any type of buildings and structures within such coastal strips shall be prohibited, except for the construction of water management facilities.
The establishment of coastal strips shall provide for the following:
protection of the waters of canals, irrigation and collector-drainage networks from pollution by surface water flows, silting of their channels, erosion and collapse of banks and slopes, and other actions adversely affecting the condition of the waters;
ensuring the operation, reconstruction, repair and restoration of canals, irrigation and collector-drainage networks, the rational management and accounting of water resources, the placement of soil removed during channel cleaning, as well as the establishment of protective forest belts in areas subject to wind erosion.
Where canals, irrigation and collector-drainage networks pass through the territories of cities, district centers and rural settlements, the soil generated during their reconstruction, repair and restoration shall be removed from such territories by machinery, and no additional land plots shall be allocated for the placement of soil mounds within the coastal strip.
The inner boundary of the coastal strip of canals, irrigation and collector-drainage networks shall be determined from the normal water level line. The outer boundary shall coincide with the boundary of the land allocated for such facilities, taking into account the provision of an access road for the movement of motor vehicles, machinery and equipment required for the operation, reconstruction, repair and restoration of canals, irrigation and collector-drainage networks, the rational management and accounting of water resources, the placement of soil removed during channel cleaning, as well as the establishment of protective forest belts against wind erosion of soils.
The width of the coastal strip and the land plots allocated for canals, irrigation and collector-drainage networks, as well as other water management facilities, shall be determined on the basis of their standard cross-sections and the projects for their construction, reconstruction, repair and restoration, in accordance with the applicable rules on land allocation, taking into account the actual conditions identified during on-site inspections.
The width of the coastal strips of canals, irrigation and collector-drainage networks shall be determined in accordance with Article 126 of this Code.
The minimum width of the coastal strips of canals, irrigation and collector-drainage networks may be increased and specified during the preparation of projects for establishing such coastal strips, taking into account the existing and newly constructed soil embankments along their banks, the establishment of protective forest belts against wind erosion of soils, and other relevant features. In such cases, the lower limit of the width of the coastal strips shall not be reduced.
The coastal strips of canals, irrigation and collector-drainage networks, as well as other water management facilities located on lands with complex geological and hydrogeological conditions, shall be established on the basis of additional scientific research.
The dimensions of the coastal strips of canals, irrigation and collector-drainage networks, as well as other water management facilities located within cities, districts and settlements, shall be determined taking into account the specific local conditions and the urban development master plan, in agreement with the bodies for ecology, environmental protection and climate change, the Committee for Sanitary and Epidemiological Wellbeing and Public Health, emergency management authorities, construction authorities, water management authorities, other relevant authorities, as well as organizations operating water management facilities.
The territories specified in the project documentation for establishing the coastal strips of canals, irrigation and collector-drainage networks, as well as other water management facilities, shall be allocated to the respective water management operating organizations and other organizations in the prescribed manner.
Article 132. Sanitary protection zones of drinking and domestic water supply sources
For the purpose of ensuring the sanitary-epidemiological reliability of all used, designed, and reconstructed drinking and domestic water supply systems, sanitary protection zones and sanitary-protective areas are established. Sanitary protection zones and sanitary-protective areas are established and separated around objects of drinking and domestic water supply systems, and sanitary protection zones are established around sources of mineral waters and other therapeutic facilities.
The sanitary protection zone of the water intake point of surface and underground drinking and domestic water supply sources consists of the following three zones:
the first zone — of a strict regime;
the second and third zones — of a regime with restricted economic activity.
The boundary of the second zone of the sanitary protection zone of an underground drinking and domestic water supply source is established taking into account the characteristics of the aquifer of the rock and the bacteriological contamination of the water from the water intake point, depending on the climatic conditions of the area and the protection of the underground waters.
The boundaries of the second and third zones of the sanitary protection zone are determined taking into account the chemical and technogenic contamination of the water.
In the infiltration supply of the water-bearing layer, the second and third zones of the sanitary protection zone of the underground source must be adopted in accordance with the boundaries of the second and third zones of the surface water supply source.
The sanitary protection zone of the structures of a drinking and domestic water supply system (pumping stations, water treatment stations, tanks) must consist of the boundaries of the first zone and the sanitary-protective area around it (protected zone).
The width of the sanitary protection zone of drinking and domestic water supply sources is determined in accordance with Article 126 of this Code.
Sanitary-protective areas are established along drinking and domestic water supply systems, the width of which starts from the extreme water pipes.
In a built-up area, a reduction in the above-mentioned sizes of the widths of the zones is allowed in agreement with the sanitary-epidemiology control, and ecology, environmental protection and climate change bodies.
Article 133. Establishing sanitary protection zones of mineral water sources used for therapeutic-health purposes
Sanitary protection zones are established around sources of mineral waters, deposits of medicinal mud, and mineral lakes used for the therapeutic and cultural-health needs of the population, for the purpose of preserving the natural physical and chemical properties of the therapeutic sources, as well as protecting them from destruction, pollution, and depletion.
When one or several interconnected mineral water deposits, mixed bathing places, and other natural therapeutic facilities are used, a single sanitary protection zone may be established for them.
The sanitary protection zone is divided into three zones: the first is a zone of strict regime, the second is a zone of restricted regime, and the third is a zone of observation.
The first zone covers the areas where mineral waters emerge and deposits of medicinal mud, mineral lakes, and bays whose water is used for therapeutic purposes, and beaches are located, as well as a territory adjacent to the beaches with a width of at least 100 meters.
The second zone covers:
the territory where surface waters flow towards the place where mineral waters emerge, deposits of medicinal mud, mineral lakes and bays, and shallow areas of the earthʼs surface where mineral and fresh waters circulate, which participate in the formation of mineral sources;
places where mineral waters and medicinal mud are stored naturally and artificially;
the territory where sanatorium-resort organizations are located, as well as the territory intended for the establishment of such facilities as recreation parks, forest parks, and other tree and shrub plantations, according to project documentation.
The third zone (its outer boundaries correspond to the boundaries of the sanitary protection zone) includes all areas, tree and shrub plantations, and other territories located in the vicinity where hydromineral resources are replenished and formed, the economic use of which without compliance with the rules established for the sanitary protection zone may have a negative impact on the hydrogeological regime of mineral water and medicinal mud deposits, as well as on sanitary and landscape-climatic conditions.
Article 134. Regime for carrying out economic activities in water protection zones, sanitary protection zones, and coastal areas
Lands included in water protection zones and sanitary protection zones are not withdrawn from land users and tenants, and are used by them in compliance with the requirements established in Chapter 24 of this Code, with the exception of the lands of coastal and sanitary-protective areas.
By the decisions of local executive bodies:
the coastal areas of rivers and other streams that do not dry up are granted to land users and tenants for carrying out ecological, nature protection, and other measures, as well as for the effective use of land plots;
the coastal areas of water management objects are granted to organizations that use these objects for the purpose of ensuring their use, reconstruction, repair, and restoration, the rational management and accounting of water resources, carrying out ecological and nature protection measures, and for the effective use of land plots.
Areas for soil mounds in the coastal areas of channels, irrigation, and collector-drainage networks may be granted for a limited term (temporarily) or leased on a contractual basis to farms and dehkan farms, as well as to other organizations, for the purpose of growing agricultural products by carrying out work on the removal and planning of soil mounds, as well as for using the soil mounds as building materials, in agreement with the user organizations. The land plots of the first zones of the sanitary protection zones of drinking and domestic water supply and mineral water sources, together with the land plots, are granted for use to the organizations that use the water intake and other structures for the construction of these structures in the prescribed manner. In the water protection zones of reservoirs and other water basins, rivers and other watercourses, as well as channels whose water is used for drinking and domestic water supply needs, the following are prohibited:
the use and burial of any type of toxic chemicals used against plant pests and diseases, and weeds;
the construction of warehouses for storing toxic chemicals, pesticides, herbicides, and mineral fertilizers, sites for filling equipment with toxic chemicals, and airstrips for carrying out aerial-chemical work;
the construction of new residential and tourism complexes without centralized sewage disposal networks;
the construction of sewage treatment facilities and various types of sewage tanks (collectors);
the placement of new burial sites, as well as burials in existing burial sites;
the construction of livestock and poultry farms, and the establishment of animal burial sites (places for burying animals, poultry, and fish);
the placement of garbage, including chemical and radioactive production waste, as well as the use of untreated liquid manure for irrigation;
the construction of parking lots, gas stations, and places for technical maintenance, repair, and washing of vehicles and other machinery;
fertilizing over snow cover, using untreated sewage containing manure as fertilizers, and discharging untreated industrial and domestic sewage;
disorderly grazing of livestock, especially in the components of the ravine-swamp network, and trampling pastures;
the cutting of trees and bushes, with the exception of cutting for forest management and sanitary purposes.
In the water protection zones of reservoirs and other water basins, rivers and other watercourses, as well as in the areas where fresh underground waters are formed, work that affects the condition of the waters, such as construction, channel deepening, bank protection, and blasting, and the extraction of mineral resources and aquatic plants, their reprocessing, the laying of pipelines, cables, and other communications, drilling, agricultural work, and other work, should be carried out only with a decision of the local executive bodies, in agreement with the bodies of ecology, environmental protection and climate change, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health and land management bodies, as well as mining and geology bodies, emergency situations bodies, and water management bodies. The aerial spraying of toxic chemicals on agricultural lands and forests up to a distance of 2 kilometers from the relevant water level lines of reservoirs and other water basins is prohibited. In addition to the restrictions specified in the eighth part of this article, the following are prohibited within coastal areas:
the cultivation of agricultural crops (with the exception of temporary crops sown between young seedlings) without the consent of the local executive bodies, the bodies of ecology, environmental protection and climate change, water management bodies, and the water management user organizations;
the storage and use of organic and mineral fertilizers;
the establishment of places for keeping and pasturing livestock;
the construction of any type of permanent and temporary buildings and structures (with the exception of the construction of water management objects);
the establishment of tent camps and boat moorings, with the exception of places specially designated for these purposes;
the storage and destruction of empty containers for mineral fertilizers;
the cleaning and washing of containers, machinery, and equipment used for the transportation and application of mineral fertilizers;
the washing of wool, hemp, and leather.
The provisions specified in the eighth part of this article do not apply to pre-existing residential objects, public recreation areas, and tourist complexes that are connected to a sewage discharge system or infiltration pits. The alteration of riverbeds, the extraction of mineral resources from them, and the performance of other work that affects the condition of water objects are allowed after obtaining a permit from the bodies of ecology, environmental protection and climate change, water management bodies, and mining and geology bodies in the prescribed manner.
Article 135. Regime for carrying out economic activities in the sanitary protection zone of surface and underground drinking and domestic water supply sources and the structures of drinking and domestic water supply systems
Land included within water protection zones and sanitary protection zones shall not be withdrawn from land users and lessees and shall continue to be used by them in compliance with the requirements established by Chapter 24 of this Code, except for land within coastal strips and sanitary protection belts.
By decisions of local executive authorities:
coastal strips of rivers and other perennial natural watercourses shall be allocated to land users and lessees for the implementation of environmental protection, nature conservation and other measures, as well as for the efficient use of land plots;
coastal strips of water management facilities shall be allocated to organizations operating such facilities for the purposes of their operation, reconstruction, repair and restoration, ensuring the rational management and accounting of water resources, implementing environmental protection and nature conservation measures, as well as ensuring the efficient use of land plots.
Areas designated for soil mounds within the coastal strips of canals, irrigation and collector-drainage networks may, in agreement with the operating organizations, be granted for temporary use or leased under a contract to farms, dehkan farms and other organizations for the cultivation of agricultural products following the removal and levelling of soil mounds, as well as for the use of such soil as construction material.
Land plots within the first belt of the sanitary protection zones of sources of drinking, domestic and mineral water supply shall, together with the relevant land plots, be granted in the prescribed manner for use by organizations operating water intake facilities and other structures for the construction of such facilities.
Within the water protection zones of reservoirs and other water bodies, rivers and other watercourses, as well as canals whose waters are used for drinking and domestic water supply, the following shall be prohibited:
the use and burial of any type of toxic chemicals used for the control of plant pests, diseases and weeds;
the construction of warehouses for the storage of toxic chemicals, pesticides, herbicides and mineral fertilizers, sites for filling equipment with toxic chemicals, and airstrips for carrying out aerial chemical operations;
the construction of new residential developments and tourism complexes not connected to centralized wastewater disposal systems;
the construction of wastewater treatment facilities and wastewater storage reservoirs;
the establishment of new burial grounds and the carrying out of burials in existing burial grounds;
the construction of livestock and poultry farms and the establishment of animal burial sites (for animals, poultry and fish);
the disposal of waste, including chemical and radioactive industrial waste, as well as the use of liquid manure for irrigation;
the construction of parking areas, fuel filling stations, and facilities for the maintenance, repair and washing of vehicles and other machinery;
the application of fertilizers on snow cover, the use of untreated wastewater containing manure as fertilizer, and the discharge of untreated industrial and domestic wastewater;
uncontrolled grazing of livestock, particularly within ravines, gullies and wetlands, and the degradation of pasturelands;
the felling of trees and shrubs, except for silvicultural and sanitary felling.
Within the water protection zones of reservoirs and other water bodies, rivers and other watercourses, as well as areas where fresh groundwater is formed, construction works, riverbed deepening, bank protection works, blasting operations, extraction of minerals, harvesting and processing of aquatic plants, installation of pipelines, cables and other utility lines, drilling, agricultural activities and other works affecting the condition of waters shall be carried out only pursuant to a decision of the local executive authorities and upon agreement with the authorities for ecology, environmental protection and climate change, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health, land management authorities, the authorities for mining industry and geology, emergency management authorities, and water management authorities.
The aerial application of toxic chemicals to agricultural land and forests located within two kilometres of the relevant water level line of reservoirs and other water bodies shall be prohibited.
In addition to the restrictions specified in part five of this Article, the following shall be prohibited within coastal strips:
cultivation of agricultural crops (except temporary crops sown between young plantations) without the approval of the local executive authorities, the authorities for ecology, environmental protection and climate change, water management authorities, and organizations operating water management facilities;
storage and application of organic and mineral fertilizers;
establishment of places for keeping and grazing livestock;
construction of any permanent or temporary buildings and structures, except for water management facilities;
establishment of tent camps and boat moorings, except in places specially designated for such purposes;
storage and disposal of empty containers of mineral fertilizers;
cleaning and washing of containers, machinery and equipment used for the transportation and application of mineral fertilizers;
washing of wool, hemp and hides.
The provisions specified in part eight of this Article shall not apply to existing residential buildings, public recreation areas and tourism complexes connected to wastewater disposal systems or filtration pits.
The alteration of riverbeds, the extraction of minerals therefrom, and the carrying out of other activities affecting the condition of water bodies shall be permitted only after obtaining, in the prescribed manner, permits issued by the authorities for ecology, environmental protection and climate change, water management, and mining industry and geology.
Article 136. Procedure for establishing and agreeing on water protection zones and sanitary protection zones
The establishment of water protection zones and sanitary protection zones of water objects shall be carried out in accordance with the following procedure.
The customer (the authorities for ecology, environmental protection and climate change, the authorities for mining industry and geology, specialized customer organizations responsible for projects for the construction, reconstruction and restoration of water management facilities, and organizations operating water management facilities) shall:
prepare the terms of reference for the development of the project, coordinate them with the authorities for ecology, environmental protection and climate change, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health (with respect to sanitary protection zones), construction authorities and cadaster authorities (where the facility is located within the territory of cities, district centres or rural settlements), and approve them in the prescribed manner;
conclude, in the prescribed manner, an agreement with an organization entrusted with carrying out land management works for the preparation of the project.
An organization entrusted with carrying out land management works shall:
ensure compliance with the applicable standards governing the operation of water management facilities and drinking and domestic water supply systems, territorial land management schemes and integrated environmental protection programmes, approved urban planning documentation relating to the development of the relevant territories and settlements, including the construction component thereof, and the provisions of Chapter 24 of this Code, taking into account the development of water management facilities and drinking and domestic water supply systems;
study the zoogeographical, hunting, geobotanical, soil, forestry and hydrogeological characteristics of the land occupied by water objects and adjacent territories located within the groundwater fluctuation zone;
study the ichthyological, fisheries, hydrogeological, hydrobiological and hydrochemical characteristics of the water area of drinking and domestic water supply sources extending two kilometres upstream and two kilometres downstream from the water intake structure;
collect and examine information on the sanitary and epidemiological situation, as well as on specially protected species of flora and fauna, natural monuments and nature reserves located within the impact zone of the water object;
examine the possibility of establishing water protection zones and sanitary protection zones and applying the applicable standards and rules, taking into account the prevention of water pollution and contamination, the preservation of valuable fertile land and the existing territorial structure, and the prevention of erosion, waterlogging and other adverse impacts;
identify facilities having an adverse impact on the condition of water;
delineate the boundaries of water protection zones, sanitary protection zones, coastal strips and sanitary protection belts on planning and cartographic materials and determine their total area, taking into account the area and composition of the relevant land plots. The planning and cartographic materials shall indicate the boundaries of the water protection zone and all land plots previously allocated for various purposes within the adjacent territory;
prepare technical and economic justification materials substantiating the dimensions of the water protection zones and sanitary protection zones, including information on the environmental impact of the facility and other technical and economic indicators;
develop measures relating to the construction of facilities, the closure or demolition of enterprises, buildings and structures adversely affecting the condition of water, environmental improvement of the territory, and other necessary measures.
The customer shall:
jointly with the design organization, submit the completed project for expert examination by the relevant organizations in the prescribed manner;
prepare proposals for establishing water protection zones and sanitary protection zones, together with a draft decision of the relevant local executive authority, and coordinate them with the authorities for ecology, environmental protection and climate change, emergency management authorities, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health (with respect to sanitary protection zones), water management authorities (with respect to surface waters), the authorities for mining industry and geology (with respect to groundwater and mineral waters), construction authorities, cadaster authorities (where the facilities are located within the territories of cities, district centres or rural settlements), and organizations operating water management facilities;
submit the agreed proposals and the draft decision to the relevant local executive authority for approval in the prescribed manner.
The approved boundaries (territories) of water protection zones and sanitary protection zones shall be coordinated:
for canals, irrigation and collector-drainage networks, other water management facilities, and drinking and domestic water supply systems of district significance — with the district subdivisions of the authorities for ecology, environmental protection and climate change, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health, water management authorities and cadaster authorities;
for canals, irrigation and collector-drainage networks, other water management facilities, drinking and domestic water supply systems, mineral water sources and other water objects of regional (inter-district) significance — with the subdivisions of the authorities for ecology, environmental protection and climate change, the bodies of the Committee for Sanitary and Epidemiological Wellbeing and Public Health, water management authorities and cadaster authorities of the Republic of Karakalpakstan, the regions and the city of Tashkent;
for transboundary, interregional and particularly important water objects, as well as mineral water sources and other health resorts and sanatoriums of republican significance — with the authorities for ecology, environmental protection and climate change, health authorities, water management authorities, construction authorities, the authorities for mining industry and geology, land management authorities, hydrometeorological authorities and cadaster authorities.
Water protection zones of water objects of fisheries significance shall be coordinated with the authorities for ecology, environmental protection and climate change, water management authorities, and the authorities for veterinary medicine and livestock development.
Where rivers and other perennial watercourses, canals, collector-drainage networks, other water management facilities, and drinking and domestic water supply systems pass through the territories of cities, district centres or rural settlements, the boundaries of water protection zones and coastal strips shall also be coordinated with construction authorities and cadaster authorities.
Sanitary protection zones of mineral water sources and other health resorts and sanatoriums of local significance shall be coordinated with the regional subdivisions of the health authorities and trade union authorities, while those of republican significance shall be coordinated with the bodies of the Ministry of Health of the Republic of Uzbekistan and the Council of the Federation of Trade Unions of Uzbekistan.
The materials submitted for approval of the establishment of water protection zones and sanitary protection zones shall include:
conclusions of the relevant state authorities and other bodies confirming coordination of the water protection zones and sanitary protection zones;
planning and cartographic materials.
The relevant state authorities and organizations to which the materials for the establishment of water protection zones and sanitary protection zones are submitted for approval shall examine them within three days and, upon completion of the review, issue their reasoned conclusions.
Article 137. Procedure for approving water protection zones and sanitary protection zones
Water protection zones and sanitary protection zones are approved:
for channels, irrigation, and collector-drainage networks and other water management objects, and drinking and domestic water supply systems of district significance — by the decisions of the district hokim;
for rivers, streams that do not dry up, reservoirs and other water basins, channels, irrigation, and collector-drainage networks, drinking and domestic water supply systems, and other water management objects of provincial (inter-district) significance — by the decisions of the Chairman of the Council of Ministers of the Republic of Karakalpakstan, the hokims of the provinces, and the hokim of the city of Tashkent;
for water objects of transboundary, inter-regional, and special importance, as well as sources of mineral waters and other therapeutic resorts and sanatoriums of republican significance — by the relevant decisions of the Cabinet of Ministers of the Republic of Uzbekistan.
Water protection zones and sanitary protection zones that include coastal and sanitary-protective areas consisting of lands of the category of non-irrigated agricultural lands are approved by the decisions of the Cabinet of Ministers of the Republic of Uzbekistan, and those that include coastal and sanitary-protective areas consisting of lands of the category of irrigated agricultural lands are approved by the decisions of the President of the Republic of Uzbekistan.
The boundaries (territories) of the water protection zones and sanitary protection zones, approved in the prescribed manner, are marked on the ground (in nature) with warning signs.
The project organization prepares a passport of the territory of the water protection zones and sanitary protection zones of each water object in the form prescribed by the legislation.
The passport of the territory of the water protection zone or sanitary protection zone indicates the name of the water object, the established zones (areas), and the regime of land use in these zones.
A cartographic material depicting the boundaries (territories) of the established zones (areas) is attached to the passport.
The passport is signed by the head of the local executive body and is sent to the state control bodies and other interested bodies to control compliance with the economic activity regime.
The obligation to comply with the land use regime, the carrying out of economic activities, and other actions provided for in Chapter 24 of this Code is imposed on the landowners, land users, and tenants who use the lands in the water protection zones.
State control over compliance with the established regime is carried out by the local executive bodies, the bodies of ecology, environmental protection and climate change, the Committee for Sanitary and Epidemiological Wellbeing and Public Health, as well as the bodies of the Water Management Objects Safety and Water Use Control Inspection under the Ministry of Water Resources of the Republic of Uzbekistan.
The control over water management objects and their structures, as well as the implementation of necessary measures for their conservation directly at the objects themselves, are carried out by the organizations that have jurisdiction over these objects in the manner prescribed by the legislation.
Article 138. Ensuring the protection of water and water objects from pollution, contamination, and depletion in water protection zones
In the water protection zones of water objects and adjacent territories, the following measures are implemented to ensure the protection of water and water objects from pollution, contamination, and depletion, as well as to improve the condition of waters and the regime of their use, including:
technological measures aimed at the construction of water circulation systems for industrial water supply, and sewage treatment and neutralization facilities;
measures for the disposal of sewage sludge in sectors of the economy;
measures for organizing technological processes that ensure the stable operation of treatment and neutralization facilities at industrial and agricultural production facilities;
measures for organizing technological processes that exclude the formation of polluted sewage;
forest reclamation and agrotechnical measures that ensure the strengthening of the banks of water objects, their protection from erosion, waterlogging, and silting, and also the stabilization and improvement of the natural regime of water flow in water objects;
irrigation and reclamation measures that provide for the construction of water management facilities that ensure the existence of favorable conditions for water use, as well as, if necessary, the clearing of the beds of rivers, canals, and collector-drainage networks, and the bottom of ponds, lakes, and reservoirs from mud and sediments;
sanitary-technical measures that ensure the disinfection and neutralization of sewage discharged into water objects, as well as the sanitary protection and beautification of territories occupied for economic activity;
organizational measures that provide for the transfer of enterprises, buildings, and structures that have a negative impact on the condition of waters outside the water protection zones or their closure;
measures that provide for the planting of seedlings and tree and shrub plantations for landscaping without the use of pollutants to have a positive impact on the environment.
The costs of implementing the measures provided for in the first part of this article in the water protection zones of newly constructed water objects are included in the cost of construction of these water objects.
The technological and sanitary-technical measures to eliminate the pollution of a territory, which are developed in connection with the establishment of water protection zones in existing water objects, are carried out at the expense of the funds of the organizations that are responsible for this pollution, as well as citizens.
Irrigation and reclamation, agrotechnical, and organizational measures are carried out at the expense of the funds of the relevant ministries, agencies, and other organizations that have jurisdiction over the water objects.
Chapter 25. Location, design, construction, reconstruction, repair, restoration, and commissioning of enterprises, structures, and other objects that affect the condition of water and water objects
Article 139. Conditions for the location, design, construction, reconstruction, repair, restoration, and commissioning of enterprises, structures, and other objects that affect the condition of water and water objects
When locating, designing, constructing, reconstructing, repairing, restoring, and commissioning enterprises, structures, and other objects that affect the condition of water and water objects, and when introducing new technological processes, the rational use of water and water objects, as well as a favorable regime for the discharge of collector-drainage water and sewage, must be ensured, with due regard for the requirements for protecting the health of the population and for satisfying drinking and domestic needs as a priority. In this case, measures are provided for to ensure the accounting of water taken from and returned to water objects, the protection of waters from pollution, contamination, and depletion, the prevention of the harmful effects of water, the minimization of land waterlogging, the protection of lands from salinization, waterlogging, or cracking, as well as the preservation of favorable natural conditions and landscapes.
Projects for the construction and reconstruction of enterprises, structures, and other objects that affect the condition of water and water objects must be drawn up taking into account the possibilities of using water objects for recreation and sports.
Article 140. Conditions for the location, design, construction, reconstruction, and commissioning of enterprises, structures, and other objects in fishing water basins
When locating, designing, constructing, reconstructing, and commissioning new and reconstructed enterprises, structures, and other objects in fishing water basins, in addition to complying with the requirements of Article 143 of this Code, measures must be implemented in a timely manner to ensure compensation for damage caused to fish stocks, other aquatic animals and plants, and the conditions for their conservation, restoration, and reproduction.
Article 141. Determination of locations for the construction, reconstruction, repair, and restoration of enterprises, structures, and other objects that affect the condition of water and water objects
The locations for the construction, reconstruction, repair, and restoration of enterprises, structures, and other objects that affect the condition of water and water objects are determined in agreement with the organizations that use these water objects, as well as other interested organizations, in accordance with the legislation.
Article 142. Agreement and state expertise of projects for the construction, reconstruction, repair, and restoration of enterprises, structures, and other objects that affect the condition of water and water objects
Projects for the construction and reconstruction of enterprises, structures, and other objects that affect the condition of water and water objects must be agreed upon with the bodies of ecology, environmental protection and climate change, mining and geology bodies, and other authorized bodies, and must also undergo a state expertise in accordance with the legislation.
Projects for the repair and restoration of amelioration objects undergo a state expertise in the manner prescribed by the legislation.
The design, construction, and reconstruction of continuous water supply systems for industrial enterprises that can be converted to a circulating water supply and waste-free technology according to production conditions are not allowed.
Article 143. Prohibition of the commissioning of enterprises, structures, and other objects that affect the condition of water and water objects
The commissioning of the following is prohibited:
new and reconstructed enterprises, workshops, units, communal objects, and other objects that are not equipped with devices that prevent water pollution and contamination, as well as objects that have a negative impact on the condition of water and water objects;
irrigation and water supply systems, reservoirs, and canals until measures provided for in the projects for preventing land waterlogging, waterlogging, swamp formation, salinization, and soil erosion are carried out;
drainage systems until water intake and other structures are completed in accordance with the approved projects;
water intake structures without fish protection devices in accordance with the approved projects;
hydraulic structures without finished devices for the passage of floodwaters and fish in accordance with the approved projects;
group water intake structures with unconfirmed underground water reserves, as well as mineral and thermal water wells;
boreholes for water intake without being equipped with water regulation and accounting facilities and, in relevant cases, without the establishment of sanitary protection zones.
The filling of reservoirs with water is prohibited until the measures provided for in the projects for channel preparation, as well as for preventing emergencies and mitigating their consequences, are carried out.
Article 144. Agreement on projects for the construction, reconstruction, repair, and restoration of bridges, crossings, and other transport communications that pass over water objects
Projects for the construction and reconstruction of bridges, crossings, and other transport communications that pass over water objects must be agreed upon with the water management bodies, the bodies of ecology, environmental protection and climate change, the Water Management Objects Safety and Water Use Control Inspection under the Ministry of Water Resources of the Republic of Uzbekistan, emergency situations bodies, and, if necessary, with energy bodies, architectural and construction bodies, and transport bodies (in the part related to river transport), and must also provide for measures that ensure the passage of floodwaters, the regime of water objects use, the elimination of water contamination and pollution and depletion, and the prevention of their harmful effects.
Projects for the repair and restoration of bridges, crossings, and other transport communications that pass over water objects and affect the condition of water and water objects must be agreed upon with the water management bodies and, in accordance with the legislation, with other authorized bodies, and must also provide for measures that ensure the passage of floodwaters, the regime of water objects use, and the elimination of water contamination and pollution.
Chapter 26. Prevention and elimination of the harmful effects of water
Article 145. Extreme water scarcity and drought
Extreme water scarcity is a period when the water level of a water source is 50 percent or less of the multi-year (at least 30 years) norm.
Drought is a natural phenomenon that causes a serious disruption of the hydrological balance, which occurs when the amount of precipitation is less than the normally recorded levels and has a negative impact on the productivity of land resources.
For the purpose of preventing the risks of extreme water scarcity and drought, specific measures are developed and implemented by the specially authorized body in the field of regulating water relations together with local executive bodies and other interested parties, which provide for the effective operation of a monitoring and early warning system, an assessment of vulnerability and impact by sectors of the economy, population groups, and territories, and the taking of measures for preparedness and mitigation of their consequences.
In the event of extreme water scarcity, the Cabinet of Ministers of the Republic of Uzbekistan has the right to:
adopt a special decision on the temporary introduction of new priorities for water use in the territories affected by extreme water scarcity;
introduce restrictions on some or all types of activities related to the use of water resources.
Article 146. Obligations of organizations and institutions to prevent and eliminate the harmful effects of water
Organizations and institutions must carry out measures to prevent and eliminate:
floods, waterlogging, and swamp formation;
the destruction of banks, protective levees, and other structures;
the waterlogging and salinization of lands;
soil erosion, the formation of ravines and landslides, mudslides, and other harmful effects of water, in agreement with the bodies of emergency situations, ecology, environmental protection and climate change, water management bodies, mining and geology bodies, and other interested bodies, or on the instructions of state bodies that are authorized to do so.
Article 147. Measures for the prevention and elimination of the consequences of natural disasters caused by the harmful effects of water
The performance of work to prevent and eliminate emergencies in the event of floods and mudslides in territories is organized by the local executive bodies.
For the purpose of operational management of work to prevent and eliminate natural disasters caused by the harmful effects of water, provincial and district headquarters are established in administrative-territorial units, and regional commissions for combating floods and mudslides are formed, which include representatives of relevant organizations and institutions, as necessary, by the Cabinet of Ministers of the Republic of Uzbekistan and local executive bodies.
Article 148. Financing of measures for protection from, prevention, and elimination of the harmful effects of water
Measures for protection from, prevention, and elimination of the harmful effects of water are carried out at the expense of the relevant budget funds for the objects on the balance sheet of organizations financed from the State Budget of the Republic of Uzbekistan, and at the expense of the own funds of water users for the objects on their balance sheet.
PART VI. ECONOMIC STIMULATION OF THE RATIONAL USE AND CONSERVATION OF WATER AND WATER OBJECTS, INTERSTATE RELATIONS ON WATER, LIABILITY FOR VIOLATION OF WATER LEGISLATION, AND RESOLUTION OF WATER DISPUTES
Chapter 27. Economic stimulation of the rational use and conservation of water and water objects
Article 149. Economic and other measures for the rational use and conservation of water and water objects
Economic measures for the rational use and conservation of water and water objects provide for the following:
collecting a tax for the use of water resources, fees for water supply and other water management services provided, and compensation payments for polluting water objects and causing them harmful effects;
tax, credit, and other benefits granted to water users in accordance with the legislation for water saving, maintaining water accounting, introducing water-saving irrigation and water treatment technologies, and carrying out other activities that are effective in water conservation and saving;
developing competition among water supply organizations and introducing public-private partnership principles into the processes of water resources management and water supply to water users.
Non-governmental non-commercial organizations may stimulate the implementation of effective measures for the rational use and conservation of water and water objects in the manner prescribed by the legislation, in accordance with their constituent documents.
Article 150. Payments for the use of water resources
Payments for the use of water resources consist of the following:
