Governmental Decree No. 271 validating the Regulation on Water Protective Zones and Strips of Water Sites

Government Decree On Approval ofRegulations on Water Protective Zones and Strips of Water Sites in the Kyrghyz Republic In order to implement the decree of Jogorku Kenesh of the Kyrghyz Republic of 14 January 1994 # 1423-XII "On the Order of Introduction into Force of the Law of the Kyrghyz Republic "On Water", (0 ensure an unified order of establishment of water protective zones and strips of water sites, regimes of economic usage of lands around these zones, the Governemtnt of the Kyrghyz Republic decrees: 1. 2. 3. 4. • • To approve the attached Regulations on water protective zones and strips of water sites in the Kyrghyz Republic. To oblast, rayon state administrations, local administrations of Bishkek and Osh together with bodies of the State Committee of the Kyrghyz Republic on Protection of Nature to determine by 1997 in accordance with these Regulations the minimum number of water protective zones and strips of water sites as well as enterprises, organisations for development of water protective schemes and to take measures as soon as possible. The function of control over the development of water protecive schemes, measures and observance of the regime for the use of the territories of water protective zones and strips of water sites in strict accordance with these Regulations is vested with local state administrations, local administrations of Bishkek and Osh, the State Committee of the Kyrghyz Republic on Protection of Nature and its local branches. To consider invalid the decrees of the Government of the Kyrghyz SSR: of 7 January 1982 # 4 "On Approval of Regulations on Water Protective Zones of Small Rivers of the Kyrghyz SSR"; of 29 December 1986 # 603 "On Approval of Regulations on Water Protective Zones of Reservoirs of the Kyrghyz SSR"; A.Djwnagulov Prime-Minister of the Kyrghyz Republic 1 Regulations On Water Protective Zones and Strips of Water Sites in the Kyrghyz Republic I. General Provisions 1. These Regulations are developed in accordance with Laws of the Kyrghyz Republic "On 'Vater", "On Protection of Nature", the Forest Code of the Kyrghyz Republic and other legislative acts of the Kyrghyz Republic and apply to water protective zones of livers, lakes, ponds, reservoirs and canals (hereinafter - water sites). 2. The Regulations determine the manner of establishment of water protecitve zones and strips of water sites of the Kyrghyz Republic, the regime of economic activities and use of lands which are part of the water protective zones and strips as well as responsibility to maintain them in a proper condition. 3. Establishment of water protective zones and strips does not mean that there is no need for a drain strip along canals, zones of sanitary protection of water source, used for water supply for consumption and economic. needs, sanitory zones for fishing reservoirs as well as for districts of sanitory protection of resorts where there are water sites used for medical and other sanitary needs of the public, with boundaries and regimes of use established in accordance with laws of the Kyrghyz Republic. 4. The boundaries of water protective zones and strips are established with regard to geographical, soil, hydro-geological conditions, purpose of the water site or its parts, type of relief as well as interests of the water users. 5. The boundaries of water protective zones and coastal strips are marked on maps ­ plans of land users of the water fund and water protective zones, general plans for construction, etc. On the ground the boundaries of coastal strips are marked by clearly seen marks only in city districts, industrial centres, recreational places and in places of intensive agricultural use of lands. 6. During establishment of dimensions of water protective zones and strips and their regimes it is necessary to observe requirements of these Regulations. II. The Competence of State Bodies 7. The function of establishment of water protective zones and strips of water sites is vested with oblast and rayon state administrations and on the ground - with the owners of water sites who inform all appropriate amalgamations, enterprises, institutions, organisations and citizens on the dimensions of water protective zones and strips of water sites as well as on the water protective regime which is effective for their territories. 2 ~. Preparation and submitting of proposals on establishment of water protective zones and coastal stnps 01 water sites shall be ensured by the bodies of the State Commntee of the Kyrghyz Republic on Nature Protection. 9. 111e dimensions of water protective zones and strips of water sites, manner of land use as well as draft schemes for water protection shall be approved by: rayon state administrations if water sites are on the territory of their rayons; oblast state administrations for lakes and water storage basins which are on the territory of t\VO and more rayons; the Government of the Kyrghyz Republic if a lake ur water storage basin is locate on the territory of two oblasts as well as for rivers of international significance. In. Main Requirements 10. Within the boundaries of water protective zones and strips of water sites it is prohibited: a) to organise stock-raising farms, poultry farms, collectors of drainage water from stock-raising farms, irrigation systems with the Use of drainage water containing dung, cattle burial ground, places for burial or storing of dung, dumps of gabage of industrial wastes, mechanical workshops as well as garages, gas stations and auto washing; b) to construct new enterprises, expand and restructure existing enterprises; c) to construct runways for agricultural aviation and for dipping sheep; d) to store fuel and lubricants, construct warehouses for storing chemical weed and pest killers and mineral furtilisers, sites for filling equipment with chemical weed and pest killers; e) to place sewage equipment and other sites which effect the quality of water; f) to process agricultural fields and forests with chemical weed and pest killers and mineral furtilisers from planes at the distance of less than 2,000 m from the inner boundary of the water protective zone of the water site: g) to store unused pesticides, their waste as well as packaging materials contaminated with pesticides; h) to cut dO\\'TI trees and bushes except in case of sanitory felling; i) to spread fertilizers on snow, use waste water containing dung as fertilizers, use persistent chlorine organic chemical weed and pest killers; j) to scour wool and soak skins; k) to pasture of cattle especially on the drainage elements; 1) to drain sewage into water storage basins, rivers, gullies and ditches with constant or temporary water supply lines; m) to wash our water meadow lakes and old beds of rivers, to work quarries without approval of bodies of state control over protection of nature and use of natural resources; n) to do other work which effects the condition of water sites; Besides the above-mentioned limitations within the coastal water protective strip it is also prhibited to organise: 3 summer camps for cattle; tent towns and recreation areas; hunters', fishermen' s and tourists' stopping places; parking lots and washing of vehicles; 11. On the territory of water sites where there are already organised recreation areas or to be organised, water protective measures and regime of their use are determined in accordance with laws. I V. Water Protective Zones 12. The water protective zones is a territory adjacent to the defined area of water of the water site on which a special regime to prevent its contamination, emaciation and forming silt is established. 13. The inner boundary of the water protective zone from the side of the defined area of water is: for lakes, ponds, livers and canals- the average for several years water edge; for reservoirs- the water edge under the normal level of water; 14. The outer boundary of the water protective zone is established at the most distant boundary of the water site which is determined by: the zone of the estimate treatment of banks for 50 years (zone limiting new construction); the zone of erosive activity including the narrow of the gutter, ditch and gully ..vhich directly flow into the water site, eroded lands adjacent to the water source by anti-erosive strip along the reservoir, ditches and gullies; the zone of temporary inundation of lands with the highest level of water site; the zone of permanent or higher level of ground water by the maximum permissibledepth: I m - for agricultural lands lands; 2 m - for villages; 3 m - for cities and towns; the outer boundary of state forests under protection, at the distance of 3 km from the inner boundary of the water protective zone of the water site. 15. '1./ater protective zones aloe specified on the ground with regard to specific conditions and co-ordinated with natural and artificial boundaries or obstacles. 16. The minimum width of a water protective zone for lakes, ponds and reservoirs is taken as: \ up to 10 min cubic metres \ up to 100 m1n cubic metres i up to 1,000 mln cubic metres I above 1,000 mlncubic metres I \Vidth of water rotective zone (m) 1100 1 200 1 300 1500 4 17. On the livers the minimum width of the water protective zone is established at both banks from the average for several years water edge for river with the width of: lfrom 5 to 10 km I from 10 to 50 km I from 50 to 100 km I above 100 km \ up to 50 m I up to 75 m I up to 100 m I up 150 m 18. For main and inter-enterprise canals the minimum width if water protective zones is established as: Ifrom 10 to 20 c~bic m/sec I above 20 cubic m/sec 1 75 m jlOOm 19. On the land of state forest fund water protective zones include designated in a specified manner protected strips of forests along the banks of water sites. The dimensions of the mentioned protected strips of forest'> are taken according to norms set up in the Instruction on the order of designating forests to protective categories, approved by the decree of the Government of the Kyrghyz SSR of 5 November 1982 # 598. V. Water Protective Strips 20. Within the limits of the water protective zone there are coastal water protective strips which represent territories with strict limitations of economic activity under subsecnon 10 at these Regulations. The coastal water protective strips must be covered by meadows. trees and bushes. 21. The width of the coastal water protective strip for lakes, ponds and reservoirs is taken as: I Width ofwater rotective stri (m) 1 30 150 L..:....: ~--=.:= ---::.::- I ~ ~ o ---' I up to 10 m1n cubic m I up to 100 mln cubic m I up to 1,000 mincubic m I above 1,000 min cubic m I Volume of reservoir 22. The width of the coastal water protective strip for rivers is determined from each side of the average for several years water edge. The width of the water protective snip of main and inter-enterprise canals is determined for each side of the edge when the canal passes through a groove or tram the base of the dam when the canal passes through the dike. 5 35-50 35-50 25-30 The dimensions of coastal water protective strips are determined with regard to characteristics of lands adjacent to the water source (ploughed field, hayfields, shrubberies, etc.) and the steepness of slopes: rType ~f lands ! Width of water protective strip (m) with steepness of adjacent \ adjacent to water l}-i .::.:sl:.:-oL-C..Ples ~ , ------- .-------- 1 I source I reverse gradient or 1 up to 3 degrees above 3 degrees i i zero gradient i IPloughed land I 10-12 I 20-35 IPastures and 110-15 I 15-25 !hayfields I I IForest, shrubbery, I 20 \20-35 l&arden . . - I --L- --'-- --J The maximum dimensions are for the most eroded soils. 23. On the territory of cities, towns and villages adjacent to the water site only coastal water protective strips are installed and their dimensions are specified with regard to specific conditions of the lay-out and construction according to the general plan approved by the appropriate local councils. 24. The use of lands which are part of water protective zones and strips of water sites is allowed only under condition of a strict observance of these Regulations. VI. The Scheme of Water Protection 25. In order to maintain good hydraulic and hydro-chemical regimes, improvement of sanitary condition and rational use of water resources as well as over-all implemeritarion of measures on water protection from contamination and emaciation, different schemes for water protection with appropriate designing documentation are being developed. 26. The Government of the Kyrghyz Republic, local state administrations in accordance with subsection 23 of these Regulations select the customer for development of water protective schemes and specify the timeframe for implementation. 27. The project'> for water protective schemes for rivers, lakes, ponds, existing and designed reservoirs, canals are developed by specialised design companies. The funds for these purposes are envisaged in the cost estimates for designed sites. The designs of new reservoirs and canals shall not be approved it they do not include sections for establishing water protective zones. 28. The establislunent of boundaries tor water protective zones and regimes of land use for reservoirs and canals being constructed shall be finished by the moment of commissioning the site. 6 29. The designs of water protective schemes shall be approved by bodies of the State Committee of the Kyrghyz Republic on Protection of Nature, sanitary control, land-tenue regulating departments and other appropriate bodies. 30. Economic activity of existing industrial, agricultural and other sites within the boundaries of water protective zones is earned out with the observance of instructions and requirements included in the project of water protective scheme. VII. Responsibility and Control 31. Responsibility for maintaining water protective zones and strips of water sites in the proper condition with observance of the regime of use of their territories is vested with managers of amalgamations, enterprises, institutions, organisations regardless of subonnation and title as well as cititzens who possess lands located Within the boundaries of water protective zones and strips. 32. Persons guilty of violation of the regime of economic activity in the water protective zones and strips of water sites shall be liable under the decree of the Government of the Kyrghyz Republic. 33. Control over the establishment and ovservance of the regime for use of the territory of water protective zones and strips is carried out by local state administrations, local administration ofBishkek and Osh and bodies of the State Committee of the Kyrghyz Republic on Protection of Nature. 7