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

of September 7, 2010

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

wishing to strengthen and develop the cooperation relations in the field of water economy for the purpose of further enhancement of 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, use and protection 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 the Convention on protection and use of cross-border water currents and the international lakes of March 17, 1992, agreed as follows:

Article 1

The concepts used in this agreement mean the following:

cross-border water objects - any superficial and underground water objects on which there passes the frontier between the Republic of Kazakhstan and the Russian Federation and/or cross it;

cross-border impact - any considerable harmful effects resulting from change of condition of cross-border waters, caused by activities of the person which physical source is located fully or partially in the territory of the state of one of the Parties, for the environment of the state of other Party;

emergency situation - the situation in certain territory which developed as a result of accident, natural hazard, catastrophic crash, natural or other disaster which entailed or can entail the human victims, do harm to human health or the environment, to lead to considerable material losses and violation of conditions of life activity of people.

Article 2

Recognizing community and unity of water resources of cross-border water objects, the Parties cooperate in the spirit of equality and partnership for the purpose of preserving, protection and recovery of these resources.

According to the principles of international law of the Party perform rational use and protection of cross-border water objects and bear responsibility for providing that their activities did not cause damage to cross-border water objects of the state of other Party.

Article 3

For the purpose of prevention of cross-border impact of the Party:

abstain from actions or cases of failure to act which can lead to deterioration in the hydrological and hydrochemical mode of cross-border water objects and conditions of the related ecosystems;

take measures for prevention, restriction, reducing and liquidation of pollution of cross-border water objects;

take measures for prevention or mitigation of the negative effects resulting from change of condition of cross-border water objects, including floods, ice jams, the infections which are transmitted by means of water, instruction of beds, erosion of coast;

take measures for ensuring content in serviceable technical condition of hydraulic engineering constructions, stores of the sewage and liquid waste which are potential physical source of cross-border impact.

Article 4

Competent authorities of the Parties on implementation of this agreement are:

from the Kazakhstan Side - Committee on water resources of the Ministry of Agriculture of the Republic of Kazakhstan;

from the Russian Side - the Ministry of natural resources and ecology Russian Federations and Federal Agency for Water Resources.

Timely inform each other on change of names or functions of competent authorities of the Party through diplomatic channels.

Article 5

The parties recognize earlier signed agreements, agreements and the made decisions on distribution of water resources of cross-border water objects, including irrigating systems, channels and conduits, and also decisions on the matters of the joint Kazakhstan-Russian commission on joint use and the protection of cross-border water objects created according to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on joint use and protection of cross-border water objects of August 27, 1992.

The water supply on water management systems of the states of the Parties connected with mechanical water lifting and transporting is regulated by the agreements signed by business entities and the organizations which are authorized by competent authorities of the Parties with compensation of operating costs for services in giving and transportation of water.

Article 6

The party planning implementation of any actions capable to make cross-border impact prior to realization of such actions notifies on it other Party and informs the Joint commission specified in Article 12 of this agreement.

In need of the Party independently or jointly impacts of the planned actions on the environment carry out assessment.

In case of need the Joint commission holds consultations concerning the planned actions. During consultations of the Party abstain from implementation of the specified actions if the agreement on other is not reached.

Article 7

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

The actions performed for the benefit of one Party in the territory of the state of other Party are financed by the concerned party based on free standing agreements between the Parties.

Article 8

If implementation of any actions of one of the Parties does harm to other Party, responsibility for its compensation to party injured is born by that Party which performed such actions.

In each case the extent of harm is determined by joint groups of experts, created by the Joint commission specified in Article 12 of this agreement.

Article 9

The parties perform exchange of hydrochemical, hydrological, water management and other information in the field of use and protection of cross-border water objects and promote cooperation concerning scientific and technical progress in area of water economy, complex use and protection of water resources of cross-border water objects, operation of hydraulic engineering constructions, prevention of pollution and depletion of waters, and also their harmful effects.

Article 10

For the purpose of receipt of information on condition of cross-border water objects and about sources of their pollution, and also for forecasting of possible changes of condition of cross-border water objects of the Party perform monitoring of condition of cross-border water objects and exchange data of monitoring on the approved programs.

The parties jointly on regular basis carry out assessment conditions of water resources of pools of cross-border water objects, and also efficiency evaluation of the measures taken for prevention, restriction and reducing cross-border impact.

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