About introduction of addition and change
in the decision of the Almaty regional
maslikhat of may 12, 2016 No. 2-16
"On establishing rules for General
water use in the Almaty region "
in accordance with sub-paragraph 1 of article 38 of the" Water code of the Republic of Kazakhstan " dated July 9, 2003, the Almaty regional maslikhat DECIDED:
1. Make the following additions and changes to the decision of the Almaty regional maslikhat dated may 12, 2016 No. 2-16 "on establishing rules for General water use in the Almaty region":
Paragraph 11 of the Annex of this decision of the maslikhat should be amended as follows:
"The Almaty regional maslikhat, in order to protect the life and health of citizens, taking into account the peculiarities of regional conditions, determines the General water use rules for places where bathing, water intake for drinking and household needs, livestock watering, riding on small boats and other floating vehicles on water bodies located on the territory of the Almaty region is not carried out.
Use and ride on small boats and other floating vehicles on water bodies located on the territory of the region, including on lakes Balkhash and Alakol within the administrative borders of the Almaty region, it is carried out in accordance with the order of the acting Minister for investment and development of the Republic of Kazakhstan dated March 27, 2015 No. 354 "on approval of the Rules for using small vessels and bases (structures) for their Parking" (registered in the Register of state registration of normative legal acts No. 11197) and dated April 17, 2015 No. 458 "on approval of the Rules for technical supervision of small vessels" (registered in the Register of state registration of normative legal acts No. 11351), to ensure the safety of the population and the passage of small craft water user engaged in isolated or joint water use, organizes the work:
1) outside the area where people are swimming for the passage of small craft equips the corridor, enclosed by buoys or stakes bright colors, with a minimum width of 10 metres and a length not less than 100 metres away with a warning and restrictive signs: "swimming IN the AREA of the CORRIDOR is STRICTLY PROHIBITED!";
2) to protect the bathing area population buoys or stakes bright colors, with a warning and restrictive signs: "SWIMMING outside the BUOYS is STRICTLY PROHIBITED!", "RIDING IN SMALL BOATS IN THE BATHING AREA OF THE POPULATION IS FORBIDDEN!"."
2. Control over execution of the present decision to assign to the constant Commission of regional maslikhat "On agriculture, land relations and ecology".
3. This decision shall enter into force from the date of state registration with the judicial authorities and shall enter into force ten calendar days after the date of its first official publication
by the Chairman of the session
of the regional maslikhat
___________M. Umbetov
Secretary
of the regional maslikhat
___________C. Dyusembinov
Approved by the decision
Almaty regional maslikhat
from "____"__________ 2018 year no. _ _ _ _
Rules of General water use in Almaty region
1. These rules of General water use (hereinafter the Rules) are developed in accordance with paragraph 1 of article 38 "of the Water code of the Republic of Kazakhstan" (hereinafter Rules) on 9 July 2003 and "Model rules for General water use" approved by order of Minister of agriculture of the Republic of Kazakhstan from March 20, 2015 No. 19-1/252 and define the procedure for the establishment of the Almaty regional maslikhat of the rules of General water use, taking into account regional conditions of Almaty region.
2. General water use is carried out to meet the needs of the population without assigning water bodies to individual individuals or legal entities and without using structures or technical devices that affect the state of water.
3. Special permission for the implementation of the General water use is not required.
4. it is Not allowed for individuals and legal entities to restrict public access to water objects of General water use by establishing barriers, security points, prohibiting signs, except in cases stipulated by the Code.
5. General water use may be restricted or prohibited for the purposes of environmental, technical, and sanitary-epidemiological safety of the population.
6. General water use includes the use of water bodies:
1) to meet economic and drinking purposes;
2) for recreational purposes, with the exception of water bodies that pose a potential mudflow hazard;
3) for navigation and use of small vessels;
4) for watering livestock.
7. to meet the economic and drinking purposes, water intake from surface sources is carried out without the use of structures or technical devices that affect the state of water.
8. Places for mass recreation, tourism and sports on water bodies and water management structures are established by the akimat of the Almaty region in coordination with the authorized bodies in the field of use and protection of water resources, water supply, sanitation, environmental protection, sanitary and epidemiological welfare of the population in compliance with environmental requirements and human life safety.
9. Surface water bodies of the Republic of Kazakhstan classified as navigable are waterways of General water use, except for cases when their use for this purpose is completely or partially prohibited or they are provided for separate use.
The procedure for classifying water bodies as navigable, approval of the list of navigable waterways used for navigation, take-off (landing) of aircraft, and the rules for their operation are carried out in accordance with the rules approved in accordance with paragraph 3 of article 105 of the Code.
10. the Use of water bodies for livestock watering is allowed outside the sanitary protection zone and in the presence of watering areas and other devices that prevent contamination and clogging of water bodies.
11. the Almaty regional maslikhat, in order to protect the life and health of citizens, taking into account the peculiarities of regional conditions, determines the General water use rules for places where bathing, water intake for drinking and household needs, livestock watering, riding on small boats and other floating vehicles on water bodies located on the territory of the Almaty region is not carried out.
Use and ride on small boats and other floating vehicles on water bodies located on the territory of the region, including on lakes Balkhash and Alakol within the administrative borders of the Almaty region, it is carried out in accordance with the order of the acting Minister for investment and development of the Republic of Kazakhstan dated March 27, 2015 No. 354 "on approval of the Rules for using small vessels and bases (structures) for their Parking" (registered in the Register of state registration of normative legal acts No. 11197) and dated April 17, 2015 No. 458 "on approval of the Rules for technical supervision of small vessels" (registered in the Register of state registration of normative legal acts No. 11351), to ensure the safety of the population and the passage of small vessels, a water user who performs separate or joint water use will organize the following activities::
1) outside the bathing area for small vessels, equip a corridor fenced with buoys or milestones of bright color, with a width of at least 10 meters and a length of at least 100 meters, with warning and limiting signs: "SWIMMING in the CORRIDOR AREA is STRICTLY PROHIBITED!";
2) on the fence of the public bathing area with buoys or milestones of bright color, with warning and limiting signs: "SWIMMING OUTSIDE the BUOYS is STRICTLY PROHIBITED!", " RIDING on SMALL BOATS in THE public BATHING AREA is PROHIBITED!".
12. the Almaty regional maslikhat notifies the population through the mass media, as well as through special information signs, about the prevention of bathing and other conditions for General water use.
13. a water User performing separate or joint water use, in accordance with paragraph 3 of article 67 and paragraph 4 of article 68 of the Code, declares the conditions or prohibition of General water use, unless otherwise established by decisions of the Almaty regional maslikhat.
14. in order to declare conditions or ban on General water use, a water user who performs separate or joint water use submits a proposal to the Almaty regional maslikhat, justifying the need to establish conditions or ban on General water use.
15.if the establishment of conditions or prohibition of General water use is not justified, the Almaty regional maslikhat shall notify the water user in writing within twenty-two working days of the refusal of the proposed conditions or prohibition of General water use, with justification of the reasons.
At the same time, the declared conditions or prohibitions of General water use should not restrict the implementation of General water use to meet economic and drinking purposes.
16. When using water objects for General use by physical and legal persons must:
1) use water objects carefully;
2) observe the established regime of the water body;
3) observe safety measures when conducting cultural, sports and other events on water bodies;
4) maintain water bodies and the surrounding area in accordance with sanitary standards of conditions, do not clog with household, construction and other waste, and take measures to prevent and eliminate clutter in the surrounding area.
17. when using water bodies of General water use, the following shall not be allowed:
1) pollution and clogging of the water body;
2) washing clothes and bathing animals in places intended for bathing;
3) swimming in places where there are no special information signs with warning or prohibiting inscriptions;