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Agreement between the Government of the Republic of Kazakhstan, Government of the Kyrgyz Republic and Government of the Republic of Uzbekistan on use of hydro-electric resources of river basin Syr Darya

of March 17, 1998

The government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan which are hereinafter referred to as the Party

neighborliness movable by sincere spirit and cooperation;

admitting the fact that the specified states performed collateral order of use of hydro-electric resources of river basin the Syr Darya, providing social and economic development of the countries and welfare of people;

noting that the river basin the Syr Darya covering the territory of four countries has the hydro-electric resources capable to promote their economic growth;

having general desire to find the most committed and fair solution in use of hydro-electric resources of river basin the Syr Darya according to rules of international law;

recognizing that the benefits taken from joint operation of the Naryn-Syr Darya cascade of water storage basins by long-term regulation of drain and antiflood actions include use of water for irrigational needs and production of electricity;

in view of that joint and complex use of hydro-electric resources of river basin the Syr Darya needs to be performed taking into account ecological safety of the region;

noting community of interests of the State Parties, considering the urgent need for development of the effective and coordinated mode of use of hydro-electric resources of river basin the Syr Darya taking into account problems of the Aral Sea,

agreed as follows:

Article 1

Determination of terms:

"The Naryn-Syr Darya cascade of water storage basins" - set of water storage basins of long-term and seasonal regulation in river basin the Syr Darya.

The vegetative period covers the period from April 1 to October 1.

The intervegetative period covers the period from October 1 to April 1.

Water management year covers the period from October 1 to October 1 the next year.

Article 2

For the purpose of providing the approved operating modes of hydroenergy objects and water storage basins of the Naryn-Syr Darya cascade, implementation of water supply for irrigational needs of the Party consider necessary annually to coordinate and make decisions on water release, development and transmission of electricity, and also on compensations of losses of energy resources on equivalent basis.

Article 3

The parties not take the actions breaking the approved mode of water use and supply of energy resources, and also violating rights of other parties to receipt of mutually agreed amounts of water, supply of energy resources and their transit across the territory.

Article 4

The electrical energy which is in addition developed by the cascade of the Naryn-Syr Darya hydroelectric power stations connected with the mode of releases of water in vegetation and long-term regulation of drain in the Toktogul Reservoir over needs of the Kyrgyz Republic is transferred to the Republic of Kazakhstan and the Republic of Uzbekistan equally.

Its compensation is performed by deliveries to the Kyrgyz Republic in equivalent amount of energy resources (coal, gas, fuel oil, the electric power), and also other products (works, services) or in terms of money in coordination, for creation of necessary annual and long-term water-supplies in water storage basins for irrigational needs.

When implementing settlement the single tariff policy on all types of energy resources and on their transportation shall be provided.

Article 5

Each Party shall undertake the necessary measures guaranteeing accomplishment of the obligations to other Parties by application of various guarantees: opening of credit lines, deposition of money and other forms.

Article 6

The parties agreed not to apply the customs duties on supply of energy resources and other types of products (works, services) performed within this agreement.

Article 7

The parties agreed that operation, maintenance and reconstruction of hydro-electric objects is performed according to balance sheet accessory and the legalized property right.

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