Ukraine's water security is at risk due to changes in legislation. This refers to a law passed by parliament that transfers water infrastructure to private entities. Environmental activists are convinced that in the future, the law threatens not only a shortage of drinking water, but also the degradation of natural water systems.
The environmental organization All-Ukrainian Ecological League is appealing to the President of Ukraine to veto this legislative act.
We are talking about Law No. 4795-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the Management System for Engineering Infrastructure Objects of Land Reclamation Systems." The Verkhovna Rada voted for it in the second reading, so only the President's veto can stop this mechanism.
According to environmentalists, the law will create all the conditions for the water infrastructure to fall under the control of dozens of operators of land reclamation systems and water user organizations.
“This may lead to water being withdrawn for reclamation needs without proper consideration of the water balance of rivers. In the long term, this creates risks of a critical reduction in water volumes, shortages in drinking water supply, drying up of small rivers, and degradation of natural aquatic ecosystems,” states the appeal of the “All-Ukrainian Environmental League.”
It is noteworthy that the law received many strategic remarks – from the Committee on Environmental Policy, experts, and the Main Legal Department of the Verkhovna Rada. However, according to activists, these were not taken into account.
Transfer of functions to a non-expert body
The transfer of some functions to the body responsible for hydraulic reclamation creates risks for the implementation of state water policy.
Activists cite an example where such a diffusion of responsibilities has already led to disastrous consequences. For example, due to the government resolution dated August 12, 2022, No. 714-r, 39 integrated property complexes fell under the control of the State Fisheries Agency. In theory, it was supposed to also perform functions related to riverbed clearing and the elimination of flood and inundation effects. However, in practice, the agency failed to fulfill these responsibilities. According to environmentalists, this is the reason for the constant flooding in Rivne region, decreased water levels in Mykolaiv region, and the drying up of lakes in Odesa region.
Strategic canals may fall under private management
Due to amendments to the Water Code of Ukraine, the law formalizes the transfer of state-significant canals into the reclamation system. These were simply added to the list of components of reclamation systems.
As a result, the state will lose the ability to carry out protective functions, such as ecological rehabilitation, water exchange, and inter-basin water transfers.
A number of strategic canals were transferred to state ownership back in 2015. At that time, it was concluded that they could not be included in the reclamation system since they are of too great importance for the economy and water supply security.
Як an example, the Dnipro-Donbas Canal does not include reclamation systems, but after the destruction of the Kakhovka hydroelectric power plant, it became a crucial element in supplying water to the residents of the Dnipropetrovsk and Mykolaiv regions. In addition, water from this canal is used to dilute mine water from Kryvyi Rih before it is discharged into the Inhulets River.
“The transfer of canals of national importance to operators (business entities) may disrupt the water supply balance and harm national security under martial law and the critical water shortage in the eastern and southern frontline regions of Ukraine,” environmental organizations emphasize.
Without an environmental impact assessment
The law allows water infrastructure operators to avoid undergoing the EIA procedure for canal operation. This norm directly contradicts the requirements of the Law “On Environmental Impact Assessment.”
The new law allows the requirements for mandatory environmental audits to be circumvented and permits the construction and operation of reclamation systems without EIA. Under certain conditions, this could affect Emerald Network sites or protected riparian zones.
Grounds for “water” conflicts
According to the law, operators of reclamation systems supply water first for field irrigation, and only then for other needs. If water is scarce, they may refuse to conclude a contract.
As a result, local authorities may not be able to meet the water needs of the community. Moreover, sections of rivers and reservoirs may be transferred under the management of reclamation system operators, giving them de facto control over a substantial share of water resources.
Contradiction to the state’s environmental strategy
The law contradicts the state environmental policy strategy up to 2030, as it mixes nature protection and economic water use functions.
Experts note that separating these powers should ensure transparency, reduce corruption risks, and create a balance between economic benefit, the needs of the population and business, and the preservation of ecosystems.
The United Nations has declared that the world has entered an era of total water bankruptcy. As EcoPolitic reported, nearly 2 billion people already live under conditions of absolute drought.
