The agreement between the Government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan on use of water management constructions of interstate use on Chu's rivers and Talas

of January 21, 2000

The government of the Kyrgyz Republic and the Government of the Republic of Kazakhstan which are hereinafter referred to as with the Parties

being guided by the Contract on creation of common economic space between the Kyrgyz Republic, the Republic of Kazakhstan and the Republic of Uzbekistan signed in the city of Cholpon-Ata on April 30, 1994;

recognizing the social, economic and ecological value of water resources;

attaching importance to mutually beneficial cooperation in use of water resources and to ensuring reliability and safety of operation of water management constructions of interstate use;

having general desire to find the most committed and fair solution in effective use of water management constructions according to the universally recognized norms of international law in the field of water resources;

proceeding from the principles of neighborliness, equality, mutual assistance;

agreed as follows:

Article 1

The parties are recognized that use of water resources, operation and maintenance of water management constructions of interstate use shall aim at achievement of mutual advantage on fair and reasonable basis.

Article 2

The parties carry the following water management constructions which are in property of the Kyrgyz Republic to water management constructions of interstate use:

Orto-Tokoysky water storage basin on Chu's river;

bypass Chuya steel concrete canals on Chu's river from Bystrovsky hydroelectric power station to the city of Tokmok;

The western and East Big Chuya channels with constructions;

The Chumyshsky water-engineering system on Chu's river;

The Kirov water storage basin on the Talas River.

Article 3

The party owner in which property there are water management constructions of interstate use has entitlement to compensation the Party user these constructions of the necessary expenses providing their safe and reliable operation.

Article 4

The parties take equity in cost recovery on operation, maintenance of water management constructions of interstate use and other coordinated actions is pro rata to the received water amount.

Article 5

For ensuring safe and reliable work of water management constructions of interstate use of the Party will create the permanent commissions which will set operating mode and to determine amounts of necessary costs for their operation and maintenance.

Article 6

The parties annually provide allocation of necessary means for operation and maintenance of water management constructions of interstate use.

Article 7

The parties shall perform joint actions for protection of water management constructions of interstate use and the territories which are in zone of their influence from adverse effect of floods, mudflows and other natural phenomena.

Article 8

In case of emergency situations on the water management constructions of interstate use caused by the unexpected natural phenomena or the technical reasons, the Parties shall notify immediately each other and take collateral actions on their prevention, mitigation and elimination of effects.

Article 9

For the purpose of operational and effective implementation of rescue and recovery operations on water management constructions of interstate use of the Party recognize need of use of construction, repair and operational and industrial capacities of each other.

Article 10

The parties agreed to perform jointly research and design and exploration work concerning effective use of water resources and water management constructions.

Article 11

The parties create conditions for free and duty-free movement through borders and the territories of the states of personnel, machines and mechanisms, raw materials, the materials intended for operation and maintenance of water management constructions of interstate use.

Article 12

In case of the disputes or disagreements between the Parties connected with interpretation or application of this agreement, the Parties will solve them by negotiations and consultations.

Article 13

With the consent of the Parties changes and additions which are drawn up by separate protocols can be made to this agreement and are its integral part.

Article 14

This agreement becomes effective from the date of receipt of the last written notice of accomplishment by the Parties of the interstate procedures provided by their national legal system.

This agreement is signed for 5 years and will be prolonged automatically for the following five-year terms if any of the Parties in six months prior to the expiration of the corresponding term in writing does not notify other Party on the intention to stop its action.

It is made in Astana, on January 21, 2000 in two authentic copies, everyone in the Kyrgyz, Kazakh and Russian languages, at the same time all texts are equally authoritative.

In case of disagreements in interpretation of provisions of this agreement, the Parties will be guided by the text in Russian.

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