Approved by

Resolution  of the Government

of the Kyrgyz Republic

dated February 20, 2012, #140

Annex 4

Provision

on Department of Water Resources and Land Improvement of the Kyrgyz Republic

1. General provisions

1. Department of Water Resources and Land Improvement of the Kyrgyz Republic (hereinafter - Department) is a subordinate division of the Ministry of Agriculture and Land Improvement of the Kyrgyz Republic (hereinafter - Ministry), ensuring management, monitoring and regulation of the state and use of water resources, facilities of irrigation and land improvement infrastructure and carrying out executive, administrative and coordinating functions on implementation of the single state water policy.
2. Department in its activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic and other enactments of the Kyrgyz Republic that have entered into force in accordance with international agreements to which the Kyrgyz Republic is a party, as well as this Provision.
3. Department is a legal entity, has an independent balance sheet, settlement and other accounts in the Treasury system of the Ministry of Finance of the Kyrgyz Republic, has a seal with the image of the State Emblem of the Kyrgyz Republic and its name, as well as stamps, letterheads of established type and other requisites in Kyrgyz, Russian and English.

Official name of the Department:

- in the state language: «Кыргыз Республикасынын Айыл чарба жана мелиорация министрлигинин Суу чарба жана мелиорация Департаменти»;

- in the official language: «Департамент водного хозяйства и мелиорации Министерства сельского хозяйства и мелиорации Кыргызской Республики».

1. The Department carries out its activities within the framework of the principle of delimitation of regulatory, economic, administrative and supervisory functions in cooperation with other administrative departments, local state administrations, local governments, legal entities and individuals - water users, international and non-governmental organizations, directly or through local bodies.

Legal address of the Department: Bishkek city, Toktonaliev Street, 4 а.

 

1. Objective of the Department

1. The objective of the Department is: implementation of a single state policy in the field of rational use and protection of the water fund, management of water resources and water infrastructure facilities owned by the state, provision of comprehensive water resources needs of all water users.

1. Tasks of the Department

1. Tasks of the Department are:

- planning, organization and implementation of measures of administrative, economic and statutory regulation of water use conditions;

- planning and implementation of measures, adoption of measures for effective operation, protection of water infrastructure facilities, lands of the water fund;

- Integrated planning and regulation of the use of water resources based on river basin (hydrographic) principle with a view to guaranteeing the water needs of all water users, without damage to the environment;

- planning, organization, regulation of interstate water relations and distribution of water resources which form on the territory of the Kyrgyz Republic;

- Planning, organization and supervision of works related to the improvement of the ameliorative state of agricultural lands.

1. Functions of the Department

1. In accordance with the tasks assigned to it, the Department performs the following functions.
2. Functions of implementing sectoral policies:

- participates in the development of draft enactments related to the competence of the Department and, in accordance with the established procedure, submits them for consideration to the Ministry and the Government of the Kyrgyz Republic;

- serves as the Secretariat of the National Water Council:

- develop plans for the integrated use and protection of water resources and submit them for approval to the National Water Council;

- develops and, in accordance with the established procedure, submits for approval the regulations, regulating procedures and tariffs for payment for water supply services;

- Together with other administrative departments and local authorities takes part in the development and review of national and regional strategies, programs, action plans and business projects related to the use of water resources, water infrastructure facilities and the development of water relations;

- in accordance with the established procedure, it implements the state policy of development of cooperation with foreign partners and international organizations in the field of water relations and ensures the implementation of interstate agreements and agreements to which the Kyrgyz Republic is a party;

- in accordance with the established procedure, participates in coordination with the Ministry in drafting interstate agreements and agreements on water issues;

- in accordance with the established procedure, plans and organizes interstate distribution of water resources formed in the territory of the Kyrgyz Republic;

- in the prescribed manner participates in the planning and implementation of interstate programs and business cooperation projects in the field of water relations, water management and water protection activities;

- in the prescribed manner, interacts with international and foreign organizations and institutions on matters within the competence of the Department.

1. Regulation functions:

- in accordance with the established procedure, regulates the use of surface, groundwater and recycled waters;

- in accordance with the established procedure issues opinions on the availability of water resources;

- regulates the operation regimes for water bodies, water management sсhemes and interstate property facilities, independently or together with other state bodies;

- restricts or suspends for a certain period the right of water use to legal entities and individuals in cases provided for by water legislation;

- regulates the issues of pricing for water management works and services in accordance with the established procedure;

- develops and approves standard contracts for water supply and other works and services related to the economic aspects of water relations;

- in accordance with the established procedure, issues, suspends and recalls licenses for the construction of dams on rivers and water bodies;

- organizes the development and submits for consideration in accordance with the established procedure the regulations of specific water consumption, the costs of maintaining and operating water infrastructure facilities, the mechanisms and standards of construction, design and survey, experimental design, research, technological and other works carried out within the framework of the state order and funds of the national budget of the Kyrgyz Republic;

- in accordance with the established procedure, manages the lands of the state water fund allocated for water management schemes.

1. Coordination, control and monitoring functions:

- Coordinates the activities of river basin water councils and water user associations;

- Coordinates the development of river basin plans for the use and protection of water resources and ensures the supervision of their implementation;

- provides organization and administration of the permitting system for water use, maintenance of a single information system on the state and use of surface and groundwater resources;

- prepares and submits materials on the facts of violations of water legislation to law enforcement agencies in order to bring the perpetrators to justice, while acting as a plaintiff in the judiciary;

- coordinates the activities of international projects, works to establish contacts with foreign institutions, organizations and legal entities, as well as their representatives and foreign citizens on attracting foreign investment and donor assistance for the development of the water sector, water management schemes, efficient use and protection of the water fund;

- regulates and controls the targeted use of financial resources allocated for the management and development of the national water fund and water infrastructure;

- carries out state expert review and state control of water management and water protection designs, research and development, design and survey and construction and installation works;

- creates working commissions for carrying out inspections of individual structures and units, accepting buildings and structures for water management purposes prior to the state acceptance commission is presented for commissioning of these facilities and organizes their activities;

- develops and coordinates the implementation of measures to ensure the safety of dams and other water management structures;

- carries out state control over the provision of standard maintenance of water infrastructure facilities owned and managed by independent water users, as well as municipal property;

-  Keeps records and certification of water management facilities in state ownership, as well as in the ownership of independent water users;

- maintains the state water cadaster under the section "Use of water", as well as the state land reclamation cadaster;

- maintains the state register of water management structures;

- carries out state expert review of water protection designs;

- carries out, under the established procedure, state control over the use of water resources;

-  provides for the prevention, detection and suppression of the facts of inefficient works on water bodies and water management schemes, damage or violation of established regimes for the maintenance and operation of water management structures and concealment, or distortion of information on the actual volumes of water use or other information provided in accordance with the established procedure by water users;

- Supervises the level of pollution, depletion of water resources or their negative impact on civil, industrial sites, agricultural lands and natural landscapes;

- Controls violations of the rights of water users and other violations of water legislation falling within the competence of the Department;

- in accordance with the established procedure make proposals on procedures for bringing to responsibility of the guilty individuals and legal entities for violations of water legislation;

- provides systematic monitoring of the observance of the rights of legal entities and individuals - water users, as provided by the existing water and other legislation of the Kyrgyz Republic;

- interacts with administrative departments, organizations and water users on issues related to dissemination and exchange of relevant information and implementation of joint projects for improving water resources monitoring.

1. Service Delivery Functions:

- develops standards and conditions for the maintenance of water protection zones and lines and organizes activities for their implementation;

- takes part in the acceptance for operation of water management facilities;

- organizes collection of payment from water users for irrigation water supply services;

- organizes and carries out water intake, transportation and supply of water resources to water users in accordance with long-term contracts and annual contracts for water supply;

- organizes and carries out construction and installation, rehabilitation, repair, reclamation and other works in the framework of state orders and on the basis of contracts with water users and other customers;

- organizes and carries out work related to the provision of a sustainable and safe state of irrigation infrastructure facilities, improvement of the irrigated land reclamation status, improvement of the state and rational use of water fund lands allocated for irrigation and collector-drainage systems;

- works on maintenance of land reclamation systems and structures operational in order to prevent losses of agricultural production;

- provides irrigation water supply and, in accordance with the established procedure, provides earth-moving equipment to individuals and legal entities.

1. Support functions:

- implements major construction programs and is the title holder of the construction of water management facilities;

- develops and submits in accordance with the established procedure for approval the annual plans for major construction and itemized lists of construction sites;

- acts on behalf of the state in the role of general customer of scientific and technical and other programs and projects related to the development of water relations, protection and use of water resources financed from the national budget and external donor support;

- provides funding for research, development, design and survey works and construction of new water management facilities within the allocated volumes of capital investments;

- organizes maintenance, operation, current and major repairs of the state irrigation and collector-drainage network, canals, water intake, control and other hydraulic structures, pumping stations, wells, reservoirs, power lines, transformer substations and other elements of the state water infrastructure;

- organizes training and dissemination of relevant information on topics related to the management, operation, maintenance and development of water infrastructure and rational water use;

- organizes the dissemination of relevant information on the complex of water relations with a view to securing the need for rational use and protection of water resources in the public consciousness and among water users;

- organizes training and advanced training of staff of subordinate organizations, water management bodies, as well as specialists of water consuming organizations and enterprises, representatives of farmers 'and peasants' farms and other interested parties;

- Ensures broader access of water management authorities, water management enterprises and other water users to advanced technologies and technical means, organizes special research, design and engineering and other works for this purpose, disseminates information on the achievements of scientific and technical progress abroad;   

- within the framework of the establishment of a single national database on the state and use of water resources, it ensures the formation of a departmental information system, organizes for this purpose the management of a computer database, the development of special software products, the development of a communication network, the accumulation and dissemination among consumers of systematic information on the status and use of water fund;

- interacts in this area with ministries and administrative departments, non-governmental organizations, water users;

- provides comprehensive support to the development of water user associations and their unions;

- keeps records and registration of water users, state statistical reporting on the use of water resources;

- Keeps records and registration of contracts and agreements for the supply of irrigation water to agricultural producers, as well as the supply of water to other water users in the economic sector;

- keeps records of water intakes from water bodies and water supplies to water users;

- plans and organizes the implementation of measures to ensure the sustainable operation and development of the monitoring network.

1. Rights of the Department

1. In order to exercise its powers, the Department is entitled to:

- in accordance with the established procedure, make proposals on the improvement of legal, institutional, economic, technical and other aspects of water relations that fall within the competence of the Department;

- via specially authorized specialists, in the order established by the legislation, it can freely visit enterprises, institutions, organizations, protected areas and other objects, including sensitive ones, in order to carry out inspections of compliance with water legislation, drafting acts, inspection reports and issuing instructions to eliminate identified violations;

- to request and receive in the established order information related to the scope of the Department, from government bodies, local governments, organizations and enterprises, officials and citizens of the Kyrgyz Republic;

- accumulate financial funds in designated accounts in the framework of procedures for collecting payment for the supply of irrigation water;

- issue orders to contracting organizations, suppliers, research and development, design and survey institutes and other organizations on the payment of forfeits (fines, penalties) for non-fulfillment or improper performance of contractual obligations;

- to exercise other rights that do not contradict the legislation of the Kyrgyz Republic.

1. Property, finances and funds of the Department

1. Financing of the Department's activities is carried out at the expense of:

- national budget;

- from payment for water delivery services;

- investments and grants.

1. The Department is the administrator of budgetary and other means allocated to it for the purposes of management, regulation, rational use of water resources, as well as maintenance, operation and development of irrigation and meliorative structures under state ownership.

1. Arrangement of Department

1. The Department is headed by the Director-General, who is appointed and dismissed by the Prime Minister of the Kyrgyz Republic upon the recommendation of the Minister of Agriculture and Land Improvement of the Kyrgyz Republic.

The Director General is also the Deputy Chairman of the National Water Council and the Chief State Water Inspector of the Kyrgyz Republic.

1. In accordance with the Water Code of the Kyrgyz Republic, the Director-General heads the Commission on Dams Safety and the Commission on Irrigation and Drainage.
2. Director General:

- represents the Department in international organizations, as well as in interaction with foreign partners;

- bears personal responsibility for the exercise of the functions and powers entrusted to the Department;

- approves the functional duties of the Department's employees;

- approves the structure and staffing of the central office and subordinate organizations;

- in accordance with the legislation of the Kyrgyz Republic appoints and dismisses employees included in the staff of the Department;

-  in accordance with the established procedure, submit proposals on the representation of employees of the Department and subordinate structures under the jurisdiction of the Department, other persons carrying out activities in this field, to be awarded by state awards of the Kyrgyz Republic;

- issues orders, within the limits of his competence;

- Manages the property and funds of the Department on its balance sheet, organizes the financial and economic activities of the Department;

- Exercises within the limits established by the legislation of the Kyrgyz Republic, the rights of possession, operational management and use without the right to alienate the state property assigned to the Department;

- encourages employees of the Department within the limits of their competence, as well as imposes penalties on them in accordance with the procedure established by labor legislation;

- organizes the activities of subordinate organizations and enterprises;

- directs the work of the collegium of the Department, the Scientific and Technical Council, the Commission on Dams Safety and Irrigation and Drainage;

- exercises other powers in accordance with the legislation of the Kyrgyz Republic.

1. Within the Department is envisaged the positions of Deputy Directors. Deputy Directors are appointed in the Department. Deputy Directors General are appointed and dismissed from their posts by the Minister of Agriculture and Land Improvement of the Kyrgyz Republic in accordance with the legislation of the Kyrgyz Republic.
2. Within the Department, the Board is formed to consider the main issues of current and future activities. The Board consists of the Director General and his deputies. The remaining members of the Board are approved by the Minister upon the proposal of the Director General. Decisions of the Board are implemented by orders and resolutions of the Director General.
3. In order to formulate a single technical policy of the Department and a qualified solution of complex problems in the field of water relations, ensure the rational use and protection of the water fund, a Scientific and Technical Board headed by the Director General of the Department is established at the Department. Regulations on the activities of the Board and its membership are approved by the Minister.
4. Reorganization and termination of the activities of the Department are carried out in accordance with the legislation of the Kyrgyz Republic.
5. In case of termination of activities, the documents of the Department are stored and used in accordance with the Law of the Kyrgyz Republic "On the National Archival Fund of the Kyrgyz Republic".