Kazakhstan's New Water Code Introduces Strict Limits and Ecological Priorities

Kazakhstan has enacted a new Water Code, establishing a transparent and regulated system for water distribution. The primary goals of this legislation are to conserve the nation's water resources and ensure their equitable allocation among environmental needs, the population, and the economy.

The core of the new system is built upon strict limits for water withdrawal. These limits are defined as the maximum permissible volumes of water that can be taken from sources. They are set for different categories of use, such as agriculture and industry, with specific permitted volumes assigned to individual users through special permits issued by basin water inspections.

A fundamental innovation is the mandatory concept of an "ecological flow." This represents an inviolable portion of a river's flow that must remain in nature to preserve aquatic ecosystems. For years, water withdrawals often occurred without regard for river health, leading to degradation. Now, limits for human and economic use will be calculated only from the volume remaining after this ecological reserve is secured. This provision comes into force on January 1, 2027.

The system operates on two levels: long-term prospective limits set for 10-year periods as a strategic guideline, and annual operational limits. The latter are determined by basin inspections based on the predicted water availability for the year (dry or abundant), monthly distribution needs, and applications from users.

Agriculture, which consumes over 60% of all water used in Kazakhstan, faces specific regulations. Water distribution for irrigation will be managed through contracts between agricultural consumers and water users (like state enterprises). Plans detailing crops, rotation schemes, irrigation norms, and areas must be submitted and adjusted based on permitted volumes and the technical capacity of irrigation systems before approval by basin authorities.

The code also establishes mechanisms for adjusting limits during droughts or emergencies. In such cases, permitted volumes can be temporarily reduced according to approved rules. Reductions are not applied uniformly; they consider each user's efficiency in water use and adoption of conservation technologies. Basin councils—comprising government bodies, businesses, scientists, the public, and users—play a key role in reviewing these adjustments.

In times of severe shortage, a strict priority system takes effect: drinking water for the population is guaranteed first, followed by essential industrial operations and aquaculture. Irrigation for agricultural fields comes next, with floodplain irrigation permitted only if sufficient resources remain.