Agreement between the Government of the Russian Federation and Government of the Republic of Kazakhstan on joint use and protection of cross-border water objects

of August 27, 1992

The government of the Russian Federation and the Government of the Republic of Kazakhstan which are referred to as further with the Parties

wishing to strengthen and develop the cooperation relations in the field of water economy and intending to create qualitatively new legal and economic basis for the bilateral relations in the field of joint use, protection and recovery of cross-border water objects,

being guided by need of carrying out coordinated policy concerning joint management of water resources of cross-border water objects for the benefit of development of economy and increase in living standards of the population,

considering that only consolidation and joint coordination of actions will promote creating favorable conditions for the solution of social and environmental problems,

based on relevant provisions of the Agreement on interaction in the field of ecology and protection of the surrounding environment signed by the states - sites of the Commonwealth of Independent States in February, 1992 and the Convention on the protection and use of cross-border water currents and the international lakes accepted by the Economic Commission for Europe under the UN agreed as follows:

Article 1

Under cross-border water objects any superficial water objects or underground waters which designate are recognized this agreement, cross borders between the states or are located on these borders.

Article 2

Recognizing community and unity of water resources of cross-border water objects, the Parties have identical rights to use and equal responsibility for their rational use and protection.

Article 3

Each Party shall take necessary measures for protection and protection of cross-border waters against pollution and to abstain from actions in pools of the cross-border water objects capable to lead to change of the approved sizes of expenses of water in boundary alignments and dumpings of pollutants which can cause damage to interests of other Party.

Article 4

The parties recognize earlier developed and approved documents on interstate distribution of water resources of cross-border water objects, including irrigating systems, channels and conduits, with preserving the principles containing in them and structures of water division also specify them if necessary under mutual approval.

In cases of change of water management situation in pools of any cross-border water objects, the operating principles of interstate division of water resources can be reviewed on agreed decision of the Parties on the basis of jointly the executed water management and economic calculations.

Decisions of the Parties concerning interstate distribution of water resources on specific water objects are drawn up by free standing agreements or protocols of authorized bodies with determination of amounts of the pumped water and compensation of the costs connected with it.

Article 5

Projects of water management and water preserving actions in pools of cross-border water objects which can make cross-border impact are approved between the Parties.

Article 6

Each Party independently performs water management and water preserving actions on cross-border water objects within the territory.

The actions performed for the benefit of one Party in the territory of other Party are financed by the concerned party based on separate contracts or agreements.

Article 7

If implementation of any actions of one of the Parties causes losses or damage to other Party, responsibility for compensation to their party injured is born by that Party which performed such actions.

In each case the extent of damage is determined by joint groups of experts.

Article 8

Exchange of hydrological, water management and other information shall perform the parties and promote cooperation concerning scientific and technical progress in area of water economy, complex use and protection of water resources, operation of hydraulic engineering constructions, prevention of pollution and depletion of waters, and also their harmful effects.

Article 9

For assessment of quantity and quality of cross-border waters, changes of level of their impurity of the Party will organize the corresponding observations by single technique and the program in mutually approved alignments.

Article 10

In case of situations which can entail deterioration in conditions of water use owing to pollution of cross-border waters the Parties instantly inform on this each other and take in the territory necessary measures to elimination of the reasons and effects of pollution of waters.

Article 11

For the purpose of accomplishment of this agreement of the Party create on parity conditions the joint Russian-Kazakhstan Commission (further the Commission) on joint use and protection of cross-border water objects under the chairmanship of the Chairman of Committee on water resources of the Ministry of Ecology and Natural Resources of the Russian Federation and the Chairman of the State Committee of the Republic of Kazakhstan on water resources.

The list of members of the commission on both sides is determined by its Chairmen.

Commission sessions are held at least once a year, serially in the territories of the Parties. Decisions of meetings are drawn up by protocols.

The commission creates working groups and groups of experts for the solution of specific questions.

Article 12

To the Commission it is assigned:

- the organization of regular exchange of hydrological forecasts, data on quality of waters and water management situation in pools of cross-border water objects;

- approval of projects of water management and water preserving actions on cross-border water objects;

- the organization of joint surveys and studies for rational use and protection of water resources of cross-border water objects, to development of one economy in their pools;

- development of the documents regulating interstate use of cross-border waters and the requirement to their quality;

- coordination of actions for fight against floods and to the omission of ice;

- ensuring control of observance of the approved sizes of expenses of water in boundary alignments, implementation of measures for rational use of water resources and protection from pollution of cross-border water objects.

Article 13

The disputes concerning accomplishment of this agreement which it is not possible to resolve the Commissions are solved by negotiations at the level of the Governments of the Parties.

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