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(2022.12.02-ны өдрийн орчуулгын хяналт) Unofficial translation
LAW OF MONGOLIA
May 17, 2012 Ulaanbaatar city
ON WATER
/Revised edition/
CHAPTER ONE
GENERAL PROVISIONS
Article 1.Purpose of the Law
1.1.The purpose of this Law is to regulate relations concerning the protection and rational use and restoration of water reserve and its basin area.
Article 2.Legislation on Water
2.1.The legislation on water shall consist of the Constitution of Mongolia, the Law on Protection of Nature and Environment, this Law and other legislative acts issued in conformity with them.
2.2.If international treaty to which Mongolia is a party is inconsistent with this law, then the provisions of the international treaty shall prevail.
/This paragraph was invalidated by the law as of May 2, 2019/
Article 3.Definitions of the terms of the law
3.1.Terms used in this Law are to be interpreted as follows:
3.1.1."Water reserves" means surface and groundwater contained in water reservoir areas in the territory of Mongolia;
3.1.2."Potential usable reserve" means quantity of water reserve which could be used for specific period without affecting its ecosystem equilibrium;
3.1.3."Water basin area" means a space covering an area in which surface water is accumulated and a space covering areas of groundwater feeding and spreading;
3.1.4."Water reservoir area" means lake, pool, salt, mash, river, stream, springs, water pool, mineral water, marsh, glaciations, areas of glacier and their safety belt areas;
3.1.5."Headwaters of rivers" means high mountain region, upper basin of river where bulk of surface water runoff flow is originated;
3.1.6."Water source" means water reserve and headwaters of rivers which is used for water supply;
3.1.7."Mineral water" means water and mud of specific physical and chemical nature which has medical treatment importance;
3.1.8."Mineral water deposit" means an area where mineral water is accumulated at surface and in its bowels;
3.1.9."Special and ordinary protected zone" means strips of land established to protect water reservoir, water source, and mineral water deposit against depletion and pollution;
3.1.10."Hygienic zone" means strips of land established to protect supply water source and mineral water deposit;
3.1.11."Transboundary water" means surface and groundwater along the border line of Mongolia or at juncture;
3.1.12."Water pool" means artificial lake, pool, pond built for the purpose of accumulation of water reserve and utilization;
3.1.13."Water facilities" means simple and engineering facilities, designed to adjust water flow and pressure, to water accumulation, storage, allocation, distribution, disinfection, purification and to improve water quality and to exploitation of groundwater and to protect against natural disaster;
3.1.14."Irrigation system" means a complex of water facilities and equipment designed to accumulate, transmit, allocate, distribute and remove surplus water for pasture, hay-field and crop watering;
3.1.15."Water supply source" means facilities designed to dig well, pipes, and accumulation and water treatment and construction facilities for water distribution;
3.1.16."Water reserves management plan" means a document designed to ensure integrated regulation of the conservation, rational use, restoration activities;
3.1.17."Ecology-economic evaluation of water" means the expression of value of natural water reserve, its benefit, size, quality and utility importance in monetary form;
3.1.18."Depletion of water reserve" means reduction of water reserve, deterioration of water quality, natural value and benefit;
3.1.19."Water pollution" means change of natural composition of water and deterioration of water quality as direct and indirect consequence of human activities;
3.1.20."Water quality" means compatibility of quality standard of water, expressed in physics, chemical and biological comprehensive characters;
3.1.21."Water quality standard" means the norms, which certified by competent authority that chemical, physics and biological character indicators of water have no adverse impact on human health and water environment/surroundings;
3.1.22."Contaminating substance" means those substances and their mixture contained in waste water that pollute surrounding areas;
3.1.23."Hazardous contamination substance" means those substances, included in the list, approved by the state central administrative body in charge of environmental issues;
3.1.24."Waste water" means sewage and liquid waste generated by domestic utility, industry and services;
3.1.25."Waste water standard" means competent authority certified permissible maximum polluting substances in waste water, generated by the source of pollution;
3.1.26."Standard of waste water discharged to sewage treatment system" means maximum permissible level of polluting substances of waste water to sewage treatment system, generated by manufacturing and services;
3.1.27."Water user" means a natural person, business entity or organization entitled to use a water, water surroundings, and mineral water for industrial and services for commercial purpose;
3.1.28."Water consumer" means a consumer using water and water surroundings for non-profit purposes for drinking, domestic and household utility and for livestock and cultivation;
3.1.29."Water polluter" means a natural person, business entity and organization, generating waste water through domestic consumption and industrial and services business;
3.1.30."Water inventory" means an inventory process of registration of number, size, quality of all water reservoir areas, and water supply sources, volume of used and waste water and sources of water pollution;
3.1.31."Water utility fee" means a fee to be paid for the use of water and mineral water reserves for the purpose of domestic, industrial and services;
3.1.32."Water pollution fee" means a fee to be paid for drainage and removal of waste water when its content meets the requirement of standard;
3.1.33."Water pollution reimbursement" means a fee to be paid for drainage and removal of waste water when its content exceeds the standard;
3.1.34."River belt" means a stretch of grassland by a river, starting from the river bed;
3.1.35."Water point" means the object specified in sub-paragraphs 3.1.4, 3.1.5, 3.1.6, 3.1.7, 3.1.8, 3.1.12, 3.1.13, 3.1.14, and 3.1.15 of this Law.
/This sub-paragraph was added by the law as of April 22, 2022/
Article 4.Integrated Water Reserves Management
4.1.Water reserves in the territory of Mongolia are a valuable strategic wealth.
4.2.Water reservoir areas shall be for public consumption under the regulation of state bodies.
4.3.The principle to use water effectively and efficiently within the potential usable reserves shall be adhered to. reserve.
4.4.Water reserves and their usable potential reserve volume shall be determined by hydrological exploration and research which to be conducted by the professional institution, specified in Article 21.1 of the this Law.
4.5.Total water reserves and the volume of usable potential reserves shall be approved by the water reserves council.
4.6.Cabinet member in charge of nature and environment matters shall establish water reserves council and approve its charter and composition.
4.7.The State Central Administrative Body in charge of water matters shall develop integrated water reserve management plan of the water basin areas /hereinafter referred to as "management plan of water basin area"/ on the basis of the usable potential reserve volume, specified in 4.4 of this Law.
/This paragraph was amended by the law as of August 17, 2012/
/This paragraph was amended by the law as of January 17, 2020/
4.8.Management plan of water basin area shall be approved by the cabinet member in charge of nature and environment matters.
4.9.Cabinet member in charge of nature and environment mattes shall establish the usable maximum limit of surface and groundwater reserve by each water basin area /hereinafter referred to as "basin"/.
4.10.Basin, referred in Article 10.1.2 of this Law shall have its administration and it is the responsibility of the Cabinet member in charge of nature and environment matters to provide professional management to the administration.
/This paragraph was amended by the law as of August 17, 2012/
4.11.Water reserve shall have ecological and economic assessment.
Article 5.Hydrological exploration and research
5.1.Hydrological exploration and research to determine water reserve and its usable potential water reserve volume as specified in Article 4.4 of this law shall be carried out by public budget funding.
5.2.The cabinet member in charge of nature and environment matters shall issue a decision to carry out hydrogeology and hydrology exploration and research in a specific region, and exploration and research of water supply sources in the city of national status and other cities, villages and dwellings which will be funded by the public budget.
5.3.The State Central Administrative Body in charge of nature and environment matters shall take decision to conduct water source exploration and research designed for the domestic and industrial use of natural person, business entities and organizations, which will be financed by the customer.
/This paragraph was amended by the law of August 17, 2012/
5.4.Professional institution, which carried out the hydrology exploration and research, specified in Articles 5.2 and 5.3 of this Law shall be responsible for obtaining verification of the result of the exploration and research work from the water reserve council and to submit the data and reports to national database.
5.5.It is prohibited for foreign citizen, business entities and organizations to conduct hydrology and water surroundings related research and survey at water reservoir areas without the permission of the State Central Administrative Body in charge of nature and environment matters.
/This paragraph was amended by the law of August 17, 2012/
Article 6.Water monitoring-research network
6.1.The State Administrative Body in charge of water matters shall establish and maintain water monitoring-research integrated network for the purpose to carry out regular observation, measurement, survey, and research on water reserve, its regime, quality status and changes, and to make evaluation and provide with information.
/This paragraph was amended by the law as of January 17, 2020/
6.2.Water monitoring-research integrated network shall consist of the following components of permanent functioning:
6.2.1.state monitoring-research network;
6.2.2.water basin monitoring-research unit;
6.2.3.internal control point of business entities and organizations.
6.3.The State Central Administrative Body in charge of nature and environment matters shall approve the water monitoring-research program and provide professional management, and the program shall indicate places of water reservoir areas, names of underground water deposits, numbers and locations of monitoring-research watch-posts, relay-service, and shafts, type and methodology of researches, and a responsible executor.
/This paragraph was amended by the law as of May 2, 2019/
6.4.Supplying of network and units with equipment and their maintenance expenses, specified in Article 6.2.1 and 6.2.2 of this Law, shall be financed from public budget.
6.5.The executor shall have the duty to present the water monitoring-research result and data to state water database.
Article 7.Water database and inventory
7.1.The state water database shall be composed of information regarding surface and groundwater, prospects of mineral water, space indicators, volume of entire and usable potential water reserve, quality, and changes, information on monitoring-research result, information on water utilization, waste water removal, information on ecology-economic evaluation, water user and consumer, report of exploration and survey, location of water facilities and their capacity, technical specifications and etc.
7.2.Cabinet member in charge of nature and environment matters shall approve the indicators of the state water database and the procedure to keep recording.
7.3.Water reserve inventory shall be carried out annually by governors of aimag, soum, capital city and district level and collected data shall be entered into the state water database.
/This paragraph was amended by the law as of April 22, 2022/
7.4.The State Administrative Body in charge of water matters shall prepare report annually on the condition of state water based on the database information.
/This paragraph was amended by the law as of August 17, 2012/
/This paragraph was amended by the law as of January 17, 2020/
7.5.Water user and consumer, business entity and organization shall be responsible for providing information to be entered to water database to the State Administrative Body in charge of water matters and basin administrations, specified in Article 17 of this Law.
/This paragraph was amended by the law as of August 17, 2012/
/This paragraph was amended by the law as of January 17, 2020/
CHAPTER TWO
POWERS OF STATE AND OTHER INSTITUTIONS AS REGARD TO WATER RELATIONS
Article 8.Powers of the State Great Khural
8.1.State Great Khural shall exercise the following powers in respect of water relations:
8.1.1.to determine fees for water use and water pollution;
8.1.2.to take decision on the adjustment of flow of major rivers and on transfer of water reserve use to other areas;
8.1.3.to exercise other powers stated by law.
Article 9.Powers of the Government
9.1.The Government shall exercise the following powers in respect of water relations:
9.1.1.to approve the state integrated water reserves management plan;
9.1.2.to conclude treaties with neighboring countries on transboundary water;
9.1.3.to approve ecological and economic assessment of water reserve;
9.1.4.to take decisions on the adjustment of river flow and on transfer of water reserve for use, except those specified in 8.1.2 of this Law;
9.1.5.to establish national committee with responsibilities to coordinate inter-sector water issues, to ensure integrated management and to oversee the implementation of national program;
/This sub-paragraph was invalidated by the law as of January 17, 2020/
9.1.6.to exercise other powers stated by law.
Article 91.National Water Council
/This Article was added by the law as of January 17, 2020/
91.1.A National Water Council in charge of making policy recommendations and exchanging information to ensure water safety shall be established.
91.2.The Prime Minister of Mongolia chairs the National Water Council, while the secretary is a Cabinet member in charge of environmental matters.
91.3.The National Water Council shall be non-staffing, and its composition and operating procedures shall be established by the Prime Minister of Mongolia in collaboration with the National Security Council.
Article 10.Powers of the State Central Administrative Body in charge of nature and environment matters
10.1.The State Central Administrative Body in charge of nature and environment matters shall exercise the following powers as regard to water relations:
10.1.1.to get approved a plan stated in Article 9.1.1 of this Law and to provide with policy, inter-sectoral and regional coordination for its implementation;
/This sub-paragraph was amended by the law as of January 17, 2020/
10.1.2.to set up basins based on the rivers of Mongolia and their basin size, natural condition, nature of their flow, water reserve allocation, natural and administrative boundaries, and approve structure and organization of the basin administration;
10.1.3.to develop and approve procedures and instructions in collaboration with the relevant State Central Administrative Bodies as regard to the estimation of water reserve, conducting water inventory, establishment of ecology-economic evaluation of water reserve, the restoration of water reservoir areas, exploitation and utilization of water points and water facilities, installation of water meter for use and consumption of water;
/This sub-paragraph was amended by the law as of May 02, 2019/
10.1.4.to develop and approve methodological instruction of basin management plan;
10.1.5.to grant and cancel the right of exploration and survey professional institutions;
10.1.6.to approve methodology of evaluation of damage to water reserve and estimation of its reimbursement;
10.1.7.to ensure the implementation of transboundary water international treaties and agreements;
10.1.8.to take decision on the change of river-bed;
10.1.9.to oversee the provision of state database of water;
10.1.10.to approve procedure of the rational use and protection of mineral water in collaboration with the State Central Administrative Body in charge of health matters;
10.1.11.to appoint and release of chairman of basin administration;
10.1.12.to approve the list of hazardous substances of water pollution;
10.1.13.to organize exploration and survey works stated in Article 5.2 of this Law;
/develop proposal on the establishment of maximum limit of water reserve, specified in 4.9 of this Law;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.17.to set up and maintain state water database and provide citizens, legal entities and organizations with information concerning water status;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.18.to consolidate and process state water inventory and statistic date and to develop annual report of national water reserve and water consumption;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.19.to develop water ecology-economic evaluation method and instruction and to estimate water reserve pollution;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.20.to develop technical terms and standard of water efficiency and treatment of waste water and producing gray water, relying on advanced technology and scientific achievements and to monitor its implementation;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.21.to provide basin administration, capital city nature and environment authority and soum, district environment protector with integrated water management and to oversee the conclusion of the basin administration and aimag, capital city environment authority as well as conclusion of water professional institutions;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.22.to bring out professional conclusion on the introduction of change to river bed and adjustment to watershed and utilization of water basin areas project;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.23.to bring out conclusion as regard to drilling holes and wells, construction of water facilities and conducting survey for utilization;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.24.to impose temporary prohibition on the use of water for the purpose of distribution and restriction of water use and restoration when there is shortage of water reserve at a time of drought, desertification and desiccation;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.25.to develop and get approved the quality standard of mineral water for medical treatment in collaboration with the State Central Administrative Body in charge of health matters;
/This sub-paragraph was added by the law of August 17, 2012/
10.1.26.to bring out conclusion on the utilization of mineral water reserves, registered in the state reserve to use for medical treatment - sanatorium, industrial and service purpose;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.27.to bring out professional conclusion on the exploration, survey and design of building engineering irrigation system for the irrigation of hay-field, pasture and crop field and to submit to the State Administrative Central Organizations in charge of environment and agriculture;
/This sub-paragraph was added by the law as of August 17, 2012/
/This sub-paragraph was invalidated by the law as of January 17, 2020/
10.1.28.to take decision whether to grant permission for foreign citizen, business entity, organization to conduct research and survey in connection with water and water surroundings in the water reservoir area or not;
/This paragraph was added by the law as of August 17, 2012/
10.1.29.to develop water quality and waste water standard and to approve jointly with competent institution;
/This paragraph was added by the law as of August 17, 2012/
10.1.30.to exercise other powers stated by law.
/The numbering of this paragraph was amended by the law as of August 17, 2012/
Article 11.Powers of Citizens' Representatives Khural of aimag, capital city, soum and district
/The title of this section was amended by the law as of April 22, 2022/
11.1.Citizens' Representatives Khural of aimag, capital city, soum and district shall exercise the following powers as regard to water relations:
/This paragraph was amended by the law as of April 22, 2022/
11.1.1.to oversee the implementation of the legislation, policy, program on water and its decisions, and to discuss and bring out conclusion as regard to governor's report thereof;
11.1.2.to discuss and approve plan and program, submitted by basin administration and governor regarding the protection of water reserve, rational use of water reserve, restoration of water surroundings and prevention against water damage;
11.1.3.to make a decision based on proposal of the governor to take water sources for local protection, and to determine and protect the boundaries of the protection zone;
11.1.4.to set up special and ordinary protection zones, and hygiene zone of water reservoir areas and water sources, water reserve recharge region boundary of the water supply source on the basis of the conclusion of the State Central Administrative Body in charge of nature and environment and the authority in charge of city and dwelling water supply and sewage in accordance to Articles 22.1-22.4 of this Law;
/This sub-paragraph was amended by the law as of August 17, 2012/
/This sub-paragraph was amended by the law as of May 2, 2019/
11.1.5.to exercise other powers stated by law.
Article 12.Aimag, capital city governor powers
12.1.Aimag, capital city governor shall exercise the following powers as regard to water relations:
12.1.1.to define the required budget and capital for the implementation of measures on water protection, rational use, accumulation, restoration, prevention against flood and potential danger and elimination of consequence and to get approved by Citizens' Representatives Khural, and to ensure the implementation;
12.1.2.to prepare order for exploration and survey of centralized water supply source of city of national status and to submit it to State Central Administrative Bodies in charge of nature, environment and construction, urban development;
12.1.3.to organize activities in relation to the protection, rational use, and restoration of water and water surroundings, and construction of water facilities;
12.1.4.to put signs, protect and furnish at the boundaries of special and ordinary protection zones and hygiene zone as well as the recharge region of the water reservoir areas and water sources , and to ensure implementation of zone regime;
/This paragraph was amended by the law as of July 7, 2021/
12.1.6.to exercise other powers stated by law.
Article 13.Soum, district governor powers
13.1.Soum and district governor shall exercise the following powers as regard to water relations, in addition to that stated in Article 12.1.1 and 12.1.3 of this Law:
13.1.1.to stop the activities of using water for industrial purpose without permission and arbitrarily making hole;
13.1.2.to conclude contract with Mongolian citizen, business entity and organization for the utilization of mineral water and to monitor its implementation;
13.1.3.to cease the use of water from water sources when there is shortage of water reserve, drying up and pollution of river, stream, lake, spring, mineral water, and well, to take decision on their restoration, forestation and plantation, and to take measures to get reimbursed these damages to nature;
13.1.4.to set up waste water removal point in the territory of its jurisdiction on the basis of the proposal by the professional organization, and supervise its implementation;
/This sub-paragraph was amended by the law as of April 22, 2022/
13.1.5.to issue water use permission on the basis of the conclusion specified in Article 28.4 of this Law;
13.1.6.to put signs at the boundaries of special and ordinary protection zones and hygiene zone as well as the recharge region of the water reservoir areas and water sources and to ensure the enforcement of zone regime;
13.1.7.to exercise other powers stated by law.
Article 14.Powers of the Citizens' General meeting of Bag and Khoroo
14.1.Citizens' General Meeting of Bag, khoroo shall exercise the following powers as regard to water relations:
14.1.1.to discuss bag, khoroo governor's briefing on the process of the implementation of the legislation on water in the respective territory;
14.1.2.to coordinate the exploitation and possession of wells, water pool and irrigation system in the territory of its jurisdiction, to discuss and take decision on the governor's proposal to dig a well and construct pool, water storage and irrigation system for the purpose of watering pasture, hay-field and crop field;
14.1.3.to exercise other powers stated by law.
Article 15.Powers of bag, Khoroo Governors
15.1.Bag, khoroo governor shall exercise the following powers as regard to water relations:
15.1.1.to ensure the enforcement of legislation and decisions of competent institutions in the territory of their jurisdiction as regard to protect water reserve against shortage and pollution, its rational use and restoration of water surroundings;
15.1.2.to mobilize citizens to protect source of rivers, streams, springs, mineral water and to furnish and plant trees and plantation, to increase flow and prevent against pollution;
15.1.3.to monitor the exploitation, protection and possession of water points in the territory of its jurisdiction;
15.1.4.to enforce regime as regard to water special and ordinary protection and hygiene zones;
15.1.5.to exercise other powers stated by law.
Article 16.
/This article was invalidated by the law as of August 17, 2012/
Article 161.Powers of the State Administrative Body in charge of water matters
/This article was added by the law as of January 17, 2020/
161.1.The state administrative body in charge of water matters shall work within the framework of the Cabinet member in charge of nature and environmental issues.
161.2.The state administrative body in charge of water issues shall provide professional and methodological integrated management on water-to-water users, consumers, and supplier organizations.
161.3.The state administrative body in charge of water issues shall provide professional and methodological guidance on water to the basin administration, aimag and capital city environment authorities, agricultural specialists, state environmental inspectors and rangers of soums and districts .
161.4.The state administrative body in charge of water matters shall exercise the following powers as regard to water relations:
161.4.1.to develop a draft plan for integrated management of state water reserves and organize its implementation;
161.4.2.to develop and implement water exploration plans, design and research plans, and monitor during exploration and research activity;
161.4.3.to determine, develop, enforce, and monitor potential usable water reserves volume at the basin for each purpose of usage;
161.4.4.to propose, implement and monitor suggestions for establishing the maximum limit of potential usable reserves specified in Article 4.9 of this Law;
161.4.5.to establish and maintain the state water database, and provide natural person and legal entities with information concerning water status;
161.4.6.to consolidate and process state water inventory and statistic data and to develop annual report of national water reserve and water consumption;
161.4.7.to develop research methods and instructions in the field of ecological-economic evaluation of water, water price and tariff setting, and to estimate damages to water reserves;
161.4.8.to develop technical conditions and standards for water conservation, waste water treatment, and reuse based on advanced technologies and scientific achievements, and monitor their implementation;
161.4.9.to monitor the water use conclusion specified in Article 28.4 of this Law, the water use permission specified in Article 28.6 of this Law, and the contract specified in Article 28.11 of this Law;
161.4.10.to bring out professional conclusion on the introduction of change to river bed and adjustment to watershed, transfer for use, construction of water facilities, and utilization of water reservoir areas project;
161.4.11.to draw conclusions for drilling wells and water utilization surveys in major strategic deposits;
161.4.12.to impose temporary prohibition on the use of water for the purpose of distribution and restriction of water use by water user and restoration of water and its surroundings when there are shortage and pollution of water reserve at a time of drought, desertification and desiccation;
161.4.13.to bring out professional conclusion on the exploration, survey and design of building engineering irrigation system for the irrigation of pasture;
161.4.14.to develop plan to execute exploration work to build engineering wells and set up water points for pasture irrigation to be funded by state budget funds;
161.4.15.to exercise other powers stated by law.
Article 17.Powers of basin administration
17.1.Basin administration shall exercise the following powers as regard to water relations in its jurisdiction:
17.1.1.to develop draft plan of the basin management;
17.1.2.to ensure local and inter-sectoral coordination for the implementation of basin management plan and to monitor its implementation;
17.1.3.to provide professional recommendation to all level governors and Citizens' Representatives Khurals;
17.1.4.to carry out water inventory annually at basin level jointly with local administrative organization and to report to the State Administrative Body in charge of water matter;
/This sub-paragraph amended by the law of August 17, 2012/
/This sub-paragraph was modified by the law of January 17, 2020/
17.1.5.to maintain sub-database of basin and provide with information to public;
17.1.6.to receive applications from citizen, business entity and organization for drilling hole and digging channel for the purpose of water use, to make conclusions on the use of water specified in Article 28.4 of this Law base on the water reserve management plan, as well as on the usage of mineral waters registered in the state reserve for treatment-nursing, production, and service purposes, and to enter them in the database;
/This sub-paragraph was modified by the law as of January 17, 2020/
17.1.7.to define the ground for imposing the water use and water pollution fees in accordance to relevant legislation;
17.1.8.to set up water supply and wastewater removal points at basin area;
17.1.9.to bring out conclusion on the cancellation of water use and waste water removal right of those citizens, business entity and organization which violate the requirement for water use and waste water removal, and to file claim at court on reimbursement of damages to nature;
17.1.10.to monitor regularly the potential usable water reserve and water utilization status at basin area;
17.1.11.to develop proposal in consultation with the local administration on the establishment of basin council and submit it to the State Central Administrative Body in charge of nature and environment matters;
/This sub-paragraph was amended by the law as of August 17, 2012/
17.1.12.to develop justification for taking river, lake, water source and underground fresh water deposits under state and local special protection;
17.1.13.to sign a water pollution payment agreement with a legal entity that directly supplies waste water to nature following appropriate procedures, and monitor its implementation.
/This sub-paragraph was added by the law as of May 2, 2019/
17.1.14.to exercise other powers stated by law.
/The numbering of this sub-paragraph was amended by the law as of May 2, 2019/
17.2.License for mineral exploration and exploitation in the relevant basin shall be granted on the basis of recommendation of the relevant basin administration.
Article 18.Powers of aimag, capital city environment authority
18.1.Aimag, capital city environment authority shall exercise the following powers as regard to water relations:
18.1.1.to monitor the implementation of water legislation and report the result to governor of aimag and capital city, and the State Central Administrative Body in charge of nature and environment matters;
/This sub-paragraph was amended by the law as of August 17, 2012/
18.1.2.to create aimag, capital city water database and to provide information to the State Central Administrative Body in charge of nature, environment matters and basin administration;
/This sub-paragraph was amended by the law as of August 17, 2012/
/This sub-paragraph was amended by the law as of January 17, 2020/
18.1.3.to monitor activities to protect water reserve, rational use, restoration of water surroundings, water supply and sewage, and waste water removal;
18.1.4.to issue water utilization certificate, conclude contract with water user and register in water database on the basis of basin administration decision and conclusion specified in Article 28.4 of this Law;
18.1.5.to compile the inventory records and submit to the State Administrative Body in charge of water matters and basin administration;
/This sub-paragraph was amended by the law of August 17, 2012/
/This sub-paragraph was amended by the law of January 17, 2020/
18.1.6.to exercise other powers stated by law.
Article 19.Powers of soum, district environmental rangers
19.1.Soum, district environmental rangers shall exercise the following powers as regard to water relations:
19.1.1.to monitor the implementation of the water legislation in their jurisdiction and to take measures to eliminate any violations;
19.1.2.to charge water use and pollution fee in accordance to legislation and supervise its payment;
19.1.3.to implement measures designed to protect water and mineral water, rational use and rehabilitation measures jointly with basin administration;
19.1.4.to conclude contract with water user and issue certificate and register in accordance to Article 28.6 of this Law and notify the basin administration and environment authority of aimag and capital city.
Article 20.Basin council
20.1.Non staff water basin council (hereinafter referred to as "basin council") shall be established at basin administration with responsibility to develop and implement basin water management plan, to provide conclusion and recommendation and oversee activities and ensure multi party participation.
20.2.Basin council shall be composed of representatives of local administration, and representatives of environment authority, non-governmental organization, citizens of soum, district, water user, scientists, researcher and representative of water professional institution.
/This paragraph was amended by the law as of November 11, 2022/
20.3.Cabinet member in charge of nature and environment matters shall approve the general procedure on establishment of the council and its function.
20.4.Basin council shall exercise the following powers as regard to water relations:
20.4.1.to reflect citizens' proposals in the decision concerning water protection, rational use;
20.4.2.to contribute proposal to the project on water reserve storage, use and conducting a strategic mining and construction of dam and channel;
20.4.3.to oversee the implementation of water management plan of the basin administration and to send recommendation to high competent organization on taking decision and accountability as regard to detected violation;
20.4.4.to monitor whether the water user is fulfilling its obligation set out in article 30 of this Law;
20.4.5.to monitor whether the water user is fulfilling its duty to reduce negative impact, elimination of damage and rehabilitation work, in accordance to environmental impact assessment;
20.4.6.to monitor the observance of regime for special and ordinary protection and hygiene zones of water reservoir area and water source;
20.4.7.to organize activities to protect headwaters, water source surrounding areas, forestation, furnishing and rehabilitation by uniting the support, initiative of local people and efforts of professional institutions;
20.4.8.to submit proposal to competent organization to suspend the construction work if the water facility design is verified by the professional institution to have negative impact on water reserve;
20.4.9.to submit to competent organization a proposal to cancel the conclusion of the basin administration in relation to water use.
Article 21.Water professional institution
21.1.Water professional institution shall execute water exploration and survey, drilling of hole and develop water facility construction design and to build and equip it and to introduce water efficiency technology, to conduct water analysis and audit;
21.2.License of professional institution for water reserve exploration and survey shall be issued only to those business entities with domestic investment.
21.3.Action guideline and role of the water professional institution shall be approved by Cabinet member in charge of nature and environment matters.
21.4.License for water professional institution shall be issued by the State Central Administrative Body in charge of nature and environment matters for a period of five years and could be extended for another five years if the institution fulfilled its duty in proper way from time to time.
CHAPTER THREE
PROTECTION OF WATER RESERVE
AND REHABILITATION OF WATER SURROUNDINGS
Article 22.Protection of water reserve
22.1.Special and ordinary protection and hygiene zones at water reservoir areas and water source shall be established in order to protect against water depletion and pollution and to prevent flood and water disaster.
22.2.Special protection zone shall be established at least 50 meters from the bank of water reservoir area and at river flood-plain.
22.2.1.It is prohibited to construct any building and facilities, to plough, to explode, to cultivate land, to conduct mineral exploration and exploitation, to cut club-rush, reed and trees, and to take sand, stone and to collect natural plants for industrial purpose and to wash livestock and to establish a point to process agricultural products in special protection zone.
22.3.Ordinary protection zone shall be established at least 200 meters from the bank of water reservoir area and hygiene zone shall be established at least 100 meters from the water supply source.
22.4.Procedure to enforce regimes in special and ordinary protection zone and hygiene zone of water reservoir area and water source shall be approved by Cabinet members in charge of nature and environment and land affairs and the procedure shall determine the boundaries of special and ordinary protection zones and hygiene zones as well as regime to be enforced.
22.5.The boundaries of hygiene zone and recharge zone of capital city water supply source shall be determined jointly by Cabinet members in charge of nature, environment and land affairs.
22.6.It is prohibited for individuals, business entities and organizations to breach the regime specified in Article 22.4 of this Law.
22.7.Rivers, lakes, water source and underground fresh water deposit shall be taken under state and local special protection.
22.8.It is prohibited to alter the natural main river-bed of rivers without the decision of the State Central Administrative Body in charge of nature and environment matters.
22.9.Relations in connection with mineral exploration and mining operations at headwaters of rivers, protected zones of water reservoirs and forested areas shall be regulated by law.
22.10.Hygiene and protection zone of mineral water shall be determined as follows:
22.10.1.hygiene zone at 100 meters distance around mineral water deposit and source;
22.10.2.protection zone shall consist of prohibited and restricted zones and the prohibited zone shall be set up at least 200 meters distance surrounding hygiene zone;
22.10.3.restricted zone shall be determined by water professional institution.
22.11.The following activities are prohibited in hygiene zone of mineral water:
22.11.1.to construct the buildings and facilities or install equipment with purposes other than direct use of mineral water;
22.11.2.to litter garbage and store chemical substances.
22.12.The following activities are prohibited in prohibited zone of mineral water:
22.12.1.to build mineral utilization facilities and building without waste water treatment and removal facilities;
22.12.2.to cultivate land, pasture livestock and hay moving;
22.12.3.to litter and store garbage and to build sewage holes.
22.13.The following activities are prohibited in restricted zone of mineral water:
22.13.1.to build any building and facilities without direct link to water and mineral water use;
22.13.2.to put garbage and waste water removal facilities and collection points and storage of petroleum production and chemical substances.
22.14.Regime for mineral water hygiene and protection zones shall be determined by the State Central Administrative Bodies in charge of nature, environment and health matters.
22.15.It is prohibited for citizens, business entities and organizations to breach the regime of mineral water hygiene and protected zones set out in Article 22.14 of this Law.
22.16.In case the mineral water deposit, flow and reserve depletion and quality loss due to the violation of relevant legislation and technology regime by the mineral water user, then the competent organization shall cease the exploitation of the mineral water on the basis of the conclusion of basin administration and the cost of rehabilitation work shall be compensated by guilty citizen, business entity and organization.
22.17.Citizens, business entity, organization shall seal the holes upon the completion of their use and hand over to environment authority of aimag, capital city and soum, district governor.
22.18.Measures on protection of water reserve and its rehabilitation shall be financed by state and local budget, environment and climate fund, capital of business entities and organizations, and foreign credit and grants.
/This paragraph was amended by the law as of February 9, 2017/
Article 23.Protection and rational use of water reserve at time of drought, desertification and desiccation
23.1.In order to maintain the balance during drought, desertification and desiccation, Governors of all levels shall organize jointly with basin administration activities of collection of rain, snow and flood water, building of dams, locks, artificial lakes and pools, supporting the initiatives of local citizens, business entities and organizations.
23.2.Aimag and capital city governor, jointly with the state central administrative body in charge of nature and environment matters shall determine the degree of drought, desertification and desiccation of respective year.
23.3.The state central administrative body in charge of nature and environment matters shall define the procedure to determine the degree of drought, desertification and desiccation and water management to be observed during that period.
Article 24.Protection of water reserve against contamination
24.1.It is prohibited to litter and store radioactive and toxic chemical substances, pathogen of infectious diseases, garbage and waste water, and to wash vehicles and dirty things at the water reservoir areas.
24.2.Basin administration shall issue permission on waste water removal and drainage to water polluters being issued waste water exceeding 50m3 per day or waste water containing hazardous contaminative substances specified in Article 10.1.12 of this Law based on the conclusion of the state administrative body in charge of water matters, and the governors of soum and district shall issue permission to water polluters being issued waste water not exceeding 50 m3 per day.
/This paragraph was amended by the law of August 17, 2012/
/This paragraph was amended by the law of January 17, 2020/
24.3.If the water contaminator has to throw the waste water without treatment because of accident then it shall immediately inform the basin administration and governor of respective level and shall bear all expenses concerning the mitigation of contamination and rehabilitation of environment.
24.4.Water user citizens, business entities and organizations have to furnish their domestic waste water removal points with water separator in accordance to procedure defined by the Cabinet members in charge of health and environment matters.
24.5.Permission for removal of waste water shall be registered in water database.
24.6.Removal of waste water exceeding the norms specified in the permission or removal of waste water exceeding the standard repeatedly shall become the justification for cancellation of right to use water.
24.7.Sample of the permission for waste water removal set out in Article 24.2 of this Law shall be approved by the state central administrative bodies in charge of environment and city and dwelling water supply and sewage treatment matters.
Article 25.Payment and compensation for water pollution and depletion
25.1.Water contaminator shall be responsible to supervise the volume and composition of waste water and to remove the waste water after meeting the standard requirement and to be liable to pay water contamination fee.
25.2. Environmental inspector shall impose water pollution compensation on the basis of the conclusion of the analysis made by the environmental accredited laboratory in case of the water contaminator removes contaminative substances exceeding the volume stated in the standard of the waste water and oversee the settlement of payment, and amount of compensation shall be determined by increasing the water contamination fees from two to five times for each of polluting substances.
/This paragraph was modified by the law of May 2, 2019/
25.3.The contract model stated in Article 17.1.13 of this Law, and the procedure for determining the amount of compensation in the form of increased compensation specified in Article 25.2 of this Law shall be approved by the Cabinet member in charge of nature and environmental matters.
/This paragraph was added by the law as of May 2, 2019/
25.4.Water pollution compensation shall be paid to environment and climate fund by citizens, business entities and organizations.
/This paragraph was amended by the law as of February 9, 2017/
/This paragraph was amended by the law as of May 2, 2019/
25.5.Citizens, business entities and organizations shall be liable to pay fee for water depletion according to size of building, asphalt road in their possession and utilization in cities and dwellings.
/This paragraph was amended by the law as of May 2, 2019/
25.6.Water pollution and water depletion fee shall be determined by law.
/This paragraph was amended by the law as of May 2, 2019/
25.7.Settlement of compensation set out in Article 25.2 of this Law by the guilty person shall not be ground for excuse to face liabilities specified in the Criminal Code or Law on Violations in accordance with the relevant legislation.
/This paragraph was amended by the law as of December 4, 2015/
/This paragraph was amended by the law as of May 2, 2019/
CHAPTER FOUR
WATER UTILIZATION
Article 26.Purpose and type of water utilization
26.1.Citizens, business entities, organizations, and/or foreign legal entity shall exercise the right to use water on the basis of water use permission and contract which specified certain purpose, period, terms and conditions of the water use in conformity with legislation.
26.2.Citizens, business entities and organizations shall be classified as follows in accordance to purpose of water use and consumption:
26.2.1.water consumer;
26.2.2.water user.
Article 27.Permission to be issued to water consumer
27.1.Aimag, capital city environment authority shall issue a permission to water consumer for drilling holes and wells, and digging channel and canal on the basis of volume and quality of the water consumption.
27.2.Water consumer shall submit an application for obtaining permission to aimag, capital city environment authority which shall include the following information:
27.2.1.purpose and volume of water consumption;
27.2.2.copy of the title for land ownership, possession and use;
27.2.3.information regarding the wells.
27.3.Aimag, capital city environment authority shall register the wells and holes of the water consumer in the water database and issue wells passport.
27.4.It is prohibited to the water consumer to change the purpose of utilization, to drill holes and wells and dig channels and canals without permission.
Article 28.Permission to be issued to water user
28.1.Citizens, business entities and organizations shall submit their request for use of water to the person specified in Article 28.4 of this Law.
28.2.The following documents shall be annexed to the request for water use:
28.2.1.a map indicating the water source or mineral water source to be used and its location;
28.2.2.exploration and survey report of water and mineral water reserve, quality and composition and conclusion on potential usable reserve;
28.2.3.amount of water to be used per day and its purpose;
28.2.4.drawings and project of water facilities;
28.2.5.production capacity, technical and economic indications;
28.2.6.environmental impact assessment reports and conclusions;
28.3.Following documents shall be annexed to request for mineral water use, in addition to that of specified in Article 28.2 of this Law:
28.3.1.drawing of mineral water restricted zone, determined by water professional institution and certified by water reserve council, specified in Article 4.5 of this Law;
28.3.2.conclusion of the state central administrative body in charge of health matters;
28.2.3.project on protection and utilization of mineral water.
28.4.State administrative body in charge of water matters shall bring out a conclusion on granting water use for the purpose of energy, water transportation and utilization of over 100 m3 water per day, and basin administration brings out conclusion on granting utilization of water and water surroundings of 50-100 m3 per day, and aimag, capital city environment authority brings out conclusion on the utilization of water up to 50 m3 and on setting up pool by collecting rain or snow water, and digging channels and canals.
/This paragraph was amended by the law as of August 17, 2012/
/This paragraph was amended by the law as of January 17, 2020/
28.5.Legal person, specified in Article 28.4 of this Law shall bring out its conclusion within 15 working/business days, following the date of the receipt of the request for water use.
28.6.Permission for use of water shall be issued based on the conclusions specified in Article 28.4 of this Law as follows: basin administration for use of water over 100 m3 per day and aimag, capital city environment authority for use of water 50-100 m3 per day and the soum, district governors for use of water less than 50 m3 per day and every issuance of permission shall be entered in water database.
28.7.Organization in charge of domestic centralized water supply shall obtain a conclusion from the state central administrative body in charge of nature and environment matters and get water use permission from the basin administration.
/This paragraph was amended by the law as of August 17, 2012/
/This paragraph was amended by the law as of January 17, 2020/
28.8.Water use permission for citizens, business entities and organizations shall be granted for 10 years and the right to use water shall be prolonged for another 5 subsequent years if the water user fulfills its contract obligation satisfactorily from time to time.
28.9.Valid period of water use permission for the utilization of water for strategically important mineral deposits shall be same as exploitation license.
28.10.Land title of citizens, business entities and organization shall not represent the right to use water in the land of their procession.
28.11.With the issuance of title for water use, on the basis of permission, specified in Article 28.6 of this Law and the conclusion of contract, the right to use water shall enter into force for citizens, business entities and organizations.
28.12.Citizens, business entities and organizations may use water reserve jointly on the basis of contract.
28.13.In case of using water reserve, determined by public budget funded survey the water user shall reimburse the expenses concerning hydrological exploration and survey.
28.14.Water reserve determined by the business entity by its own capital and its guaranteed quantity of usable water reserve is to ensure the profitable performance during the period of the implementation of the project of relevant entity then no water use right shall be issued overlapping that particular water reserve to other entity.
28.15.In case the potential usable water reserve determined by the business entity by its own capital fully satisfies its needs and exceeds the requirement for its project implementation then it could be used for other business entity on the basis of conclusion drawn by the state central administrative body in charge of nature and environment, and the hydrological exploration and survey cost may be reimbursed as per the portion of the transferred reserve to relevant entity.
/This paragraph was amended by the law as of August 17, 2012/
/This paragraph was amended by the law as of January 17, 2020/
28.16.Articles 28.14 and 28.15 of this Law shall not apply to water relations to use the water for drinking, household and environment protection purposes.
28.17.Cabinet member in charge of nature and environment matter shall determine the service fee for the drawing a conclusion on water use, and approve the sample of title of water use and contract.
28.18.It is prohibited to use water without conclusion on water use and relevant permission and arbitrarily digging holes.
28.19.It is prohibited to bring out conclusion on water use for industries and services with technology of negative impact on environment.
Article 29.Conclusion and termination of contract on water use
29.1.Based on the permission specified in Articles 28.6 and 28.7 of this Law, a contract shall be concluded with the centralized water supply reserve water user by the water supplying organization and with those water users of non-centralized water supply by basin administration, aimag and capital city environment authority and governors of soum and districts.
29.2.The following shall be included in the water utilization contract:
29.2.1.decision on water use;
29.2.2.purpose of the use of water, quantity of per day use, water quality and composition;
29.2.3.location of water source, design and project of water facilities;
29.2.4.permission for removal of waste water which indicates quantity of waste water, standard requirement, removal point, location and etc.;
29.2.5.unit price of water use;
29.2.6.amount of payment per unit polluting substance contained in waste water;
29.2.7.measures to be taken to protect water source and prevent water reserve depletion and pollution and amount of capital to be spent for these purposes;
29.2.8.rights and obligations of contract parties;
29.2.9.other required items.
29.3.Contract concluded with citizens, business entities and organizations may be terminated before its expiry by the initiative of the permission issuer under the following circumstances:
29.3.1.failure to fulfill duty and contract obligation by the water user;
29.3.2.violation of legislation on environment protection and water l;
29.3.3.failure to settle payment for water use and pollution in due time;
29.3.4.polluting the water source;
29.3.5.no installation of water meter and adjustment equipment or false calculation of used water;
29.3.6.by the decision of the basin administration.
29.4.In order ensure the safety of the population's water supply, the state may unilaterally revoke the rights of other water users who use the given water source.
Article 30.Duty of water users and requirements to meet
30.1.Water user shall have the following duties:
30.1.1.not to use water exceeding to the amount specified in water use permission and contract;
30.1.2.in accordance to Article 31.7 of the Law on Environment protection, the water user of over 50 m3 water per day shall have internal control point, equipment and instruments and to employ water utilization manager in charge of water consumption;
30.1.3.to obtain permission for removal and drainage of waste water, to purify polluted water generated during the process of utilization in compliance with the requirement of standard and to circulate to centralized sewage network or remove directly;
30.1.4.to install meter at water distribution points, underground water holes and pipes;
30.1.5.to pay water and mineral water reserve use and water contamination fees.
30.2.Mineral water user shall have the duties in addition to that specified in Article 30.1 of this Law:
30.2.1.to carry out regime observation of mineral water, mineral lakes, medical treatment mud composition, quality evaluation and get verified, and to keep book recording of their use and to submit result information to basin administration;
30.2.2.to construct and use treatment facility for waste water and mineral water generated in the process of utilization or to remove directly;
30.2.3.to put signs and fences in the boundaries of mineral water hygiene and restricted zones in order to protect mineral water deposit against pollution and depletion.
30.3.Waste water treatment facilities of industries, business entities and organizations, engaged in production using radioactive substance shall be equipped with special technology capable for complete purification.
30.4.Industrial purpose water source and pipes shall be separated from water source and pipes of centralized drinking and household water supply in cities and dwellings.
30.5.It is prohibited to construct any water facilities, water pools, dams and canals without facilities designed to protect biological reserves and water evaporation, and might have impact on soil gets marshy, saline and erosion.
30.6.Business entities and organizations engaged in mining exploitation shall get water for enriching the minerals through pump and pipes without altering river banks and river-bed.
Article 31.Water Use Fees
31.1.An individual, business entity or an organization, using water and mineral waters shall be subject to a fee.
31.2.Fee for water exceeding the permitted quantity shall be calculated by escalated rate up to 50 percent and the procedure for escalated rate estimation shall be developed by the state central administrative body in charge of nature and environment matters and approved by the Government.
31.3.Fees for water and mineral water use shall be set by law.
CHAPTER FIVE
WATER FACILITIES
Article 32.Water facilities
32.1.Project design and construction of water facilities shall be developed and executed only by special professional organization.
32.2.The state central administrative body in charge of construction and urban development shall take a decision on the construction of water facilities of national importance, except those set out in Article 32.8 of this Law, on the basis of environmental impact assessment, conclusion of basin administration and recommendation of aimag, capital city governor.
32.3.Water constructions and facilities may be leased for use and possession to individuals, business entities and organizations through contract.
32.4.Rights to use and possess of water facilities shall be awarded up to five years with condition of further extension.
32.5.Individuals, business entities and organizations in possession of the water facilities shall have the obligation meet the demand of water supply of others on the basis of contract and in case of failure to fulfill its obligation, the contract concluded with individuals, business entities, and organizations may be terminated by basin administration, aimag, capital city environment authority, soum and district governors.
32.6.Water facilities constructed or renovated by the capital of individuals, business entities and organizations may be their property but the water reserve shall be the public property.
32.7.Main facility, designed to adjust and distribute water for centralized water supply, sewage and water reserve shall be the property of state owned or state partially owned organization.
32.8.The state central administrative body in charge of food, agriculture matters shall take a decision on the construction, renovation and repairing of irrigation system on the basis of environmental impact assessment, conclusion of basin administration, and recommendation of aimag, capital city governor.
32.9.Owner and possessor of water facilities shall supply water to individuals, business entities and organizations on the basis of their request and contract.
32.10.Water facilities shall have passport.
CHAPTER SIX
IMPOSING LIABILITIES
Article 33.Liabilities for Violators of the Law
33.1.If the act of an official who violates this law is not criminal, the official shall be held liable under the Law on Civil Service.
33.2.Any person or legal entity who violates this law shall be held liable under the Criminal Code or the Law on Violations.
/This Article was modified by the law as of December 4, 2015/
THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA D.DEMBEREL
