ORDER OF THE MINISTER OF WATER RESOURCES AND IRRIGATION OF THE REPUBLIC OF KAZAKHSTAN

of October 14, 2025 No. 264-HK

About introduction of amendments to the order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 11, 2020 No. 216 "About approval of rules of rendering the state services of regulation of use of water fund"

I ORDER:

1. Bring in the order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 11, 2020 No. 216 "About approval of rules of rendering the state services of regulation of use of water fund" (it is registered in the Register of state registration of regulatory legal acts No. 21194) the following changes:

to state preamble of the order in the following edition:

"According to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:

1, of 2, of 3, 4 and 5 to the order to state appendices in the following edition according to appendices 1, of 2, of 3, 4 and 5 to this order.".

2. To provide to committee on regulation, protection and use of water resources of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan after its official publication.

3. To impose control of execution of this order on the supervising vice-Minister of Water Resources and Irrigation of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication, except for Item 14 of appendix 1 to Rules of rendering the state service "Permission to Special Water Use" which becomes effective since January 1, 2027.

It is approved Ministry of national economy of the Republic of Kazakhstan

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

It is approved Ministry of Emergency Situations of the Republic of Kazakhstan

It is approved Department of Energy of the Republic of Kazakhstan

 

Appendix 1

to the Order of the Minister of Water Resources and Irrigation of the Republic of Kazakhstan of October 14, 2025 No. 264-HK

Appendix 1

to the Order of the acting minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 11, 2025 No. 216

Rules of rendering the state service "Permission to Special Water Use"

Chapter 1. General provisions

1. These rules of rendering the state service "Permission to Special Water Use" (further – Rules) are developed according to the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further – the Law) and determine procedure for rendering the state service.

2. In these rules the following concepts are used:

1) uslugopoluchatel – physical persons and legal entities, except for the central state bodies, foreign institutions of the Republic of Kazakhstan, local executive bodies of areas, the cities of republican value, the capital, areas, the cities of regional value, akims of areas in the city, the cities of district value, settlements, villages, rural districts;

2) the state service – one of the forms of realization of the separate state functions or their set performed according to the address or without address of uslugopoluchatel and directed to realization of their rights, freedoms and legitimate interests, provision of the corresponding material or non-material benefits by it;

3) hydraulic engineering constructions – constructions for regulation of use of water resources (including, fence, storage, transportation, distribution of waters of superficial water objects and removal of drainage waters), and also other constructions intended for protection against harmful effects of waters (the water retaining, water waste and water final constructions, constructions intended for protection against floods and destructions of coast);

4) underground waters – water resources of underground water objects;

5) regulation of superficial drain – distribution (redistribution) of river drain by means of retaining hydraulic engineering constructions depending on water content of year for satisfaction of need of different water users for water taking into account protection of water objects and prevention of harmful effects of waters;

6) specific regulation of water consumption and water disposal – assigned amount of the consumed or taken away waste water per unit of the made products (on certain amount of the performed work);

7) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3. The Ministry of Water Resources and Irrigation of the Republic of Kazakhstan within 3 (three) working days from the date of modification and (or) amendment in these rules staticizes them and sends to the operator of information and communication infrastructure of "the electronic government", to Single contact center.

Chapter 2. Procedure for rendering the state service

4. The state service "Permission to Special Water Use" (further – the state service) appears basin water inspectorates for protection and regulation of use of water resources of Committee on regulation, protection and use of water resources of the Ministry of Water Resources and Irrigation of the Republic of Kazakhstan (further – the service provider) to physical and (or) legal entities (further – uslugopoluchatel).

5. Uslugopoluchatel for receipt of the state service directs to the service provider through the web portal of "the electronic government" www.egov.kz (further – the portal) the statement to receipt of permission to special water use in form according to appendix 1 to these rules, the statement on prolongation of permission to special water use in form according to appendix 2 to these rules or the statement on renewal of permission to special water use in form according to appendix 3 to these rules.

6. The main requirements to rendering the state service are stated in the List of the main requirements to rendering the state service according to appendix 4 to these rules (further – the List).

7. The office of the service provider in day of receipt of documents performs their acceptance, registration and transfers to execution to responsible structural division or by provision uslugopoluchately the incomplete document package and (or) documents with the expired effective period containing in them refuses reception of an application.

In case of the address of uslugopoluchatel after the termination of working hours, in days off and holidays according to the labor law, reception of applications and issue of results of rendering the state service is performed the next working afternoon.

8. When giving the uslugopoluchatel of the statement in "personal account" displays the status about acceptance of request for rendering the state service with indication of the date of receipt of result of the state service.

In case of filing of application the uslugopoluchatel agrees to use of the data which are the secret protected by the law, containing in information systems when rendering the state services if other is not provided by the laws of the Republic of Kazakhstan.

9. For renewal of permission to special water use the electronic copy of supporting documents about change of the name of the legal entity and (or) change of its location, change of surname, name, middle name (if it is specified in the identity document) physical person, re-registration of the individual entrepreneur is provided.

The application is directed within 30 (thirty) calendar days from the moment of the happened changes with appendix of supporting documents.

If conditions of water use and specific regulations of water consumption and water disposal are left without changes, the validity of permission can be extended based on the statement of the water user on the conditions conforming to the requirements provided by Items 4, of 5, of 6, of the 7 and 8 article 45 of the Water code of the Republic of Kazakhstan.

Renewal of permission and prolongation of effective period of permission is considered no later than 3 (three) working days from the date of filing of application with all necessary documents submitted by the applicant according to the legislation of the Republic of Kazakhstan.

10. Aggregate term of consideration of documents constitutes 10 (ten) working days from the date of filing of application with all necessary documents according to Item 8 of the List.

11. In case of receipt of documents for rendering the state service according to Item 8 of the List the employee of office of the service provider performs documents acceptance according to the register and sends to the employee of responsible division of the service provider.

12. The employee of responsible division of the service provider within 3 (three) working days after the receipt of documents providing fence and (or) use of underground waters with withdrawal amount over fifty cubic meters per day, except for mineral underground waters sends inquiry to the relevant territorial subdivision of authorized body by studying of subsoil for review of conditions of this water use;

Territorial subdivisions of authorized body on studying of subsoil within 5 (five) working days represent to the service provider to basin water inspections the positive or negative conclusion on request regarding availability or lack of the approved balance sheet inventories of underground waters according to Item 3 of article 46 of the Water code of the Republic of Kazakhstan.

In case of lack of the approved balance sheet inventories of underground waters and the declared need for water over fifty cubic meters per day approval is issued for up to three years with condition of carrying out monitoring researches within the issued permission for the purpose of assessment and examination of inventories of underground waters on operating experience.

13. In case of the positive conclusion the employee of responsible division issues permission to special water use, renewal of permission, prolongation of permission, or in case of the negative conclusion motivated refusal of the state service, performs its registration and sends to the applicant through the portal in electronic form, the authorized person of the service provider certified by the EDS.

14. In the presence of the bases provided in Item 9 of the List, the service provider notifies the applicant on the provisional solution about refusal in rendering the state service, and also time and the place (method) of carrying out hearing for opportunity to express to the applicant line item according to the provisional solution according to Article 73 of the Administrative procedural Procedure Code of the Republic of Kazakhstan (further - APPK).

15. The notification on hearing goes at least in 3 (three) working days prior to completion of term of rendering the state service. Hearing is carried out no later than 2 (two) working days from the date of the notification.

By results of the hearing to uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider the positive result or motivated refusal in rendering the state service goes to "personal account" of the portal.

In case of elimination of causes of failure in rendering the state service, the uslugopoluchatel can repeatedly address for receipt of the state service through the portal with application of documents, the specified reasons confirming elimination.

The service provider considers the repeated address in time, established for rendering the state service, and sends to the applicant through the portal the electronic notification on the made decision.

16. The service provider provides entering into information system of monitoring of rendering the state services of data on the following stages: reception of an application, registration, the direction for consideration, the intermediate stages, result of rendering the state service.

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