The Cabinet of Ministers of Ukraine has approved the procedure for limiting the rights of water users who carry out special water use, particularly during low water.
This was announced by the government's permanent representative in the Verkhovna Rada of Ukraine, Taras Melnychuk, on Telegram.
This document was developed by the State Agency of Water Resources of Ukraine to implement the Action Plan for a complex solution to the problem concerning the Ros River basin for 2024-2030 approved by the Cabinet of Ministers. The document will also apply to other rivers. The draft Procedure was published for public discussion on October 22, 2024. It defines the procedure for restricting the rights of water users who carry out special water use in these cases:
- low water level in rivers or low water level in reservoirs;
- threat of epidemics and epizootics, accidents or conditions that may lead to or have already resulted in water pollution;
- when taking urgent measures to prevent a natural disaster caused by the harmful effects of water and to eliminate its consequences.
How the restriction will be applied
In the event of the above situations, the State Emergency Service of Ukraine and/or the Ukrainian Hydrometeorological Center, and/or the State Service of Ukraine for Food Safety and Consumer Protection will inform the State Agency of Ukraine for Water Resources.
Within five days, it will issue an order reducing the limits on water withdrawal and use from surface water bodies for water users as established in the permit for special water use.
This document will specify the following:
- reasons for establishing restrictions on water users' rights;
- information on the water body where the special water use restriction is established (name, river basin area);
- a list of water users to whom restrictions are applied;
- reduced limits of water withdrawal and use;
- the period for which the restrictions are set.
On the day the order is issued, the State Agency of Water Resources will send a copy of the order to the relevant water users for execution and to both the local authorities, and the State Environmental Inspectorate. Also, the information on the restrictions on water users' rights will be posted on the official website of the agency no later than the next day after the order is issued.
When imposing restrictions, priority will be given to the use of water for drinking and domestic needs of the population. Restrictions on the rights of water users are set without adjusting permits for special water use.
The State Environmental Inspectorate will monitor whether the limits of water withdrawal and use are respected.
When restrictions will be canceled
When the State Agency of Water Resources of Ukraine receives information from the State Emergency Service and/or the Ukrainian Hydrometeorological Center and/or the State Service of Ukraine for Food Safety and Consumer Protection about the end of low water conditions or other critical situations, it will issue an order to restore water users' rights within 2 business days. It will be published on the official website of the State Agency of Ukraine for Water Resources, and a copy will be sent to the relevant water users for execution and to the local authorities and the State Environmental Inspectorate.
Petro Tiestov, an ecologist at the Ukrainian Environmental Protection Group, sees the approval of this procedure as a positive decision. According to him, the Water Code already allowed restricting the rights of water users, but there was a problem with the application of this legislative norm.
“To apply it without a separate procedure, you need political will and desire. You risk having to explain why you made this or that decision to the law enforcers,” the expert says.
He also suggested that there is a possibility that the adopted Procedure may not work.
“They'll somehow contrive it so that there won't be any low water even this year, or those who shouldn't be subject to restrictions will end up under them, etc.,” the ecologist explained the reasons for his caution.
In January, EcoPolitic reported that the Ministry of Environmental Protection and Natural Resources of Ukraine approved the State Water Monitoring Program for 2025, which covers 7 river basins – the Dnipro, Dniester, Danube, Pivdennyi Buh, Don, Vistula, and Black Sea.
