Water use permits and the transition period
An applicant for water use permits must first know one significant transitional circumstance: in the list of permit types of the law on licenses and permits, the permits for water abstraction from a surface water object, for water discharge into a surface water object, and for combined water use enter into force on 1 September 2027. Today's practice rests on environmental decisions, and it is precisely this transition that must be taken into account when planning a project: before starting an application for water purposes, it is better to verify which regime will be in force at your time.
Assessing the transition period matters in both directions. For a holder of current environmental decisions, the question is what will happen to these documents when the new permits enter into force; for the planner of a new project — in which proceeding to engage so as not to get lost in time. The law does not detail the exact mechanism of transition in these articles, so before deciding it is necessary to make a legal assessment based on the specific calendar of your project and the documents you hold.
Types of water permits
In the list defined by Article 24 of the law, the water direction contains three items: the permit for water abstraction from a surface water object, the permit for water discharge into a surface water object, and the combined permit for water use of a surface water object. Abstraction means taking water from the object for use, discharge means returning water into the object, and the combined type unites both. All three permits require the same administrative proceeding, so the preparation of the application has the same structure in each case.
The application and documentation
A permit seeker submits a written application to the issuing authority; the submission, consideration and acceptance for processing of the application take place under the procedure established by the General Administrative Code of Georgia. The application must satisfy the requirements established by the General Administrative Code and contain an indication of the type of permit sought and a list of attached documents. A private-law legal entity and an individual entrepreneur attach extracts from the public registry; a natural person attaches copies of identification documents; a public-law legal entity attaches certified copies of its founding documents. The application is also accompanied by proof of payment of the permit fee, whose amount is determined by the law on license and permit fees. Additional attached documents may be prescribed only by law.
The factual circumstances satisfying additional permit conditions are established in separate administrative proceedings: copies of the application are transferred to another administrative authority no later than 3 days after compliance is established; that authority adopts a decision no later than 15 days from the submission of the copies; extension of the period is possible through a substantiated motion submitted no later than 5 days from receipt of the copies; and the decision is submitted to the issuing authority no later than 17 days from the submission of the copies. If within the established period neither confirmation nor a substantiated refusal takes place, the additional permit conditions are deemed satisfied. The permit holder must notify the issuer of a change of data within 7 days of the change.
The general issuance rule
The permit issuer adopts a decision on issuance under the simplified administrative proceeding defined by Georgian legislation. The simplified proceeding means that the case is examined within the framework of one authority, by a summary administrative act — which is desirable for the applicant, since the duration and cost of the procedure are minimal. If a branch of a legal entity carries out the permitted action, the issuer is notified in advance, and demanding a separate permit for the branch is impermissible. The time limits are defined by law: the issuer must decide within 20 days of the submission; otherwise the permit is deemed issued. Where essential circumstances require more time, the proceeding may be extended by a substantiated decision by up to 3 months.
What to take into account in planning
First — the timing of your application is decisive: before 1 September 2027 the three types named in the list are not in force, so current practice depends on other instruments. Second — avoid duplicate documentation: if you already hold a permit for a similar type of action, the issuer does not re-examine the factual circumstances established when the previous permit was issued. Third — comply with notification obligations: timely notification of changes of data protects you from future problems.
Frequently Asked Questions
Answers to frequent questions about water use permits.
When do the new types of water permits enter into force?
The permits for abstraction, discharge and combined water use of a surface water object enter into force on 1 September 2027; current practice rests on environmental decisions.
What must the application contain?
The written application satisfies the requirements of the General Administrative Code and indicates the permit type, the documents list, registry extracts or identification documents, and proof of fee payment.
Within how many days does the other authority decide?
Copies are transferred within 3 days; the decision is adopted within 15 days. Extension is possible by a motion within 5 days; the decision goes to the issuer within 17 days.
How is the permit issued?
Under the simplified administrative proceeding — within one authority, by a summary administrative act. For a branch action, advance notification is required; a separate permit may not be demanded.
How We Help on Legal.ge
Our team assists in determining the required type of permit, in assessing the regime of the transition period, in preparing the application and documentation, and in the separate proceeding on additional permit conditions. Every step is built on the exact norms of the law on licenses and permits.