Ministry of Agriculture Committee for Water Resources REPUBLIC OF

Asian Development Bank TA № 4484 KAZ

Institutional Strengthening of the Committee for Water Resources

DRAFT FIN AL REPORT

12 October 2005

prepared by

Fritz Schwaiger

Zhana Zaitseva Valery Torubara Gulnar Tulebayeva Igor Petrakov Galina Blinova Dauren Kassabekov ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report

Rate of Exchange (12.09.2005)

Currency unit = Tenge (Т) Tenge 1,00 = $0,0074 $ 1,00 = 135,00 Tenge

List of Acronyms and Terms

ADB - Asian Development Bank Akim - Head of rural, regional government Akimat - Rural, regional government AMC - Antimonopoly Committee AWC - Association of Water Consumers BR - Building Regulations BWO - Basin-water Organizations BWCD - Basin-water Control Departments CAEC - Central Asian Economic Community CAR - Central Asian Region CEP - Caspian Ecological program CIS - Commonwealth of Independent States CWR - Committee for Water Resources of the Ministry of Agriculture EA - Executive Agency EBRD - European Bank for Reconstruction and Development ESEI - Evaluation of Side Environmental Impact FSU - Former Soviet Union GDP - Gross domestic product GEF - Global economic fund GIS - Geo-information systems GWC - Group of Water Consumers GWP - Group water-pipe ICSD - Intergovernmental Commission for Sustainable Development ICWC - Intergovernmental Coordinating Waterworks Commission IDB - Islam Development Bank IFAS - International Fund for Aral saving IWRM - International Water Resources Management JSC - Joint-stock company Kolkhoz - Cooperative farm (attached to FSU) MA - Ministry of Agriculture Maslikhat - Local legislative body MEBP - Ministry of Economy and Budget Planning MEMR - Ministry of Energy and Mineral Resources MEP - Ministry of Environment Preservation MES - Ministry of Education and Sciences MF - Ministry of Finance MH - Ministry of Health MIT - Ministry of Industry and Trade MM - Mass Media MPC - Maximum permissible concentration MPD - Maximum permissible discharge

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NGO - Nongovernmental organization NPEPA - National Program for Environment Preservation Activities Oblast - Regional Administrative Area (province) OECD - Organisation for Economic Co-operation and Development Okrug - Group of Inhabited locality OM - Operation and Maintenance OSCE - Organization for Security and Cooperation in Europe PA - Public Association PC - Public Corporation PI - Planning Institute RAPEP - Regional Action Plan for Environment Preservation REC - Regional Ecological Center Region - Region Administrative Area RF - Russian Federation RIL - Rural inhabited locality RK - Republic of Kazakhstan RPE - Republican Public Enterprise RS - Requirements specification SAO - Society of apartments owners SC - Sanitation service of MH SCDA - Short-term consulting development assistance Sovkhoz - Public farm (attached to FSU) SPDW - Sectoral Program “Drinking Water” SPRZD - State program of rural zones development STTA - Short-term Technical Assistance TA - Technical Assistance TEG - Technical and Economic Grounds UNDP - United Nations Development Program UNO - United Nations Organization USA - United States of America VAT - Value added tax Vodokanal - Water Industry and Sewerage Enterprise WB - World Bank WHO - World Health Organization WR - Water resources WSS - Water supply and sanitation

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Table of Contents 0 EXECUTIVE SUMMARY...... 8 1 INTRODUCTION ...... 21 1.1 BACKGROUND ...... 21 1.2 OBJECTIVES...... 22 1.3 SCOPE OF WORKS...... 22 1.3.1 Original ...... 22 1.3.2 Agreed Revision ...... 23 1.4 PROJECT TEAM AND STTA ACTIVITIES...... 23 1.5 DATA SOURCE ...... 24 1.6 GRATITUDE ...... 24 2 COUNTRY PROFILE AND SECTOR INFORMATION ...... 26 2.1 COUNTRY PROFILE ...... 26 2.1.1 Geographical Location and Topography ...... 26 2.1.2 Climate and Vegetation ...... 27 2.1.3 Social and Economic Development...... 28 2.1.4 State Governance and Institutions ...... 32 2.2 THE WATER SECTOR OF KAZAKHSTAN...... 35 2.2.1 Historic Development ...... 35 2.2.2 Water Resources...... 37 2.2.3 Problems in the Water Sector...... 41 3 WATER RESOURCES MANAGEMENT IN KAZAKHSTAN ...... 45 3.1 ORGANIZATIONS IN CHARGE...... 45 3.1.1 Legal Background...... 45 3.1.2 Basic principles of public administration regarding use and protection of water resources (Article 34, Water Code of RK) ...... 45 3.1.3 Main tasks of public administration regarding use and protection of water resources in accordance with the existing legislation (Article 35, Water Code of RK): ...... 47 3.1.4 Responsibilities of the Government regarding use and protection of water resources (Article 36, Water Code of RK):...... 48 3.1.5 Responsibility of the authorized body (CWR of MoA) regarding use and protection of water resources (Article 37, Water Code of RK) ...... 49 3.1.6 Responsibilities of Basin Water Departments regarding use and protection of water resources (Article 40, Water Code of RK) ...... 50 3.1.7 Local representative (maslikhats) and executive (akimats) bodies administration of water issues...... 52 3.1.8 Basin Council and Basin Agreement...... 52

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3.1.9 Levels of Water Body Administration...... 53 3.2 PRINCIPLES OF WATER RESOURCES AND WATER USE MANAGEMENT ...... 54 3.2.1 Basic Principles ...... 54 3.2.2 Sustainability Criteria...... 55 3.2.3 Agenda 21 ...... 56 3.2.4 Proposed Water Policy Objectives ...... 56 3.2.5 Requirements for Implementation ...... 61 3.3 APPLICATION OF IWRM AS A SHOW CASE ON RIVER...... 61 3.3.1 Why the Irtysh River? ...... 61 3.3.2 Multilevel Management Systems...... 61 3.3.3 Transboundary issues ...... 63 3.3.4 Required Institutional and Organizational Arrangements ...... 65 3.3.5 Social aspects, stakeholder involvement, awareness building...... 66 3.3.6 Organizational issues ...... 67 3.4 REVIEW OF CURRENT WATER TARIFFING POLICY ...... 67 3.4.1 Tariff setting procedure...... 67 3.4.2 Tariff Calculation Methodology...... 68 3.4.3 The Situation of Vodokanals...... 72 3.4.4 Shortcomings of Current Tariff Setting Methodology...... 74 3.4.5 A Possible Mechanism for Setting Tariffs Right ...... 74 3.5 INTERNATIONAL ASSISTANCE TO THE WATER SECTOR OF KAZAKHSTAN .... 75 4 INSTITUTIONAL CAPACITY OF THE CWR ...... 77 4.1 ORGANISATIONAL STRUCTURE OF CWR...... 77 4.1.1 The Management ...... 77 4.1.2 Departments...... 82 4.2 CWR FUNCTIONS...... 82 4.2.1 CWR Head Quarters ...... 82 4.2.2 CWR Subordinated Organizations ...... 86 4.2.3 Additional Workload for CWR Based on the Water Code ...... 86 4.3 LOW GOVERNMENTAL STATUS OF CWR ...... 91 4.4 CWR STAFF ...... 92 4.4.1 Results of CWR Headquarter Staff Survey ...... 92 4.4.2 Key Qualification of CWR Headquarter Staff...... 103 5 ORGANIZATION OF THE WATER SECTOR IN DIFFERENT COUNTRIES 106 5.1 NEIGHBOURING COUNTRIES...... 106

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5.1.1 Kyrgyzstan...... 106 5.1.2 Tajikistan ...... 109 5.1.3 ...... 111 5.1.4 ...... 111 5.1.5 Russian Federation ...... 113 5.1.6 China ...... 113 5.2 OTHER SELECTED COUNTRIES...... 113 5.2.1 Germany...... 113 5.2.2 Austria ...... 115 5.2.3 England & Wales...... 117 5.2.4 Jordan...... 118 5.2.5 Israel...... 125 5.2.6 France ...... 129 5.2.7 The Netherlands...... 135 5.2.8 Spain ...... 136 6 PROPOSED RAISING OF GOVERNMENTAL STATUS OF CWR AND IMPROVEMENT OF ITS CAPACITY ...... 143 6.1 REQUIRED RAISING OF GOVERNMENTAL STATUS ...... 143 6.1.1 The Main Shortcomings...... 143 6.1.2 Guiding Principles...... 144 6.1.3 Possible Institutional Forms of the “Water Management Authority” 144 6.1.4 Recommended Institutional Form...... 145 6.2 REQUIRED CAPACITY IMPROVEMENT...... 147 6.2.1 The Main Reasons for Capacity Increase ...... 147 6.2.2 Proposed Capacity Increase ...... 148 7 LITERATURE ...... 153 8 ANNEXES...... 154 Annex 3-1: Tariff estimate for water supply and () sanitation services ... 154 Annex 3-2: List of Ongoing Respectively Recently Completed Projects with International Assistance in the Water Sector of Kazakhstan ...... 155 Annex 4-1: Example of BWO Regulation...... 159 Annex 4-2: List of Budget Programs under Implementation by the Committee of Water Resource for 2002-2005 ...... 164 Annex 4-3: Institutional Strengthening Components of Water Resources Management in International and Domestic Projects in Kazakhstan...... 167 Annex 4-4: Volume of Correspondence of CWR MoA RK...... 169

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Annex 4-5: Achievements of CWR to Develop Normative Bases for Tasks Falling under its Responsibility ...... 170 Annex 4-6: Questionnaire Distributed Among CWR Headquarter Staff... 172

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0 EXECUTIVE SUMMARY

Introduction The Republic of Kazakhstan is rich in everything but water – this has already become a widely known proverb. But logically this also has the consequence that good management of the limited resources is a must. Several efforts were made in the past years to strengthen management of the water resources and management of water supply and sewerage systems in the country. This includes the elaboration of the «Concept of Water Economy and Policy Development of the RK» and the Sector Program «Drinking Water 2002– 2010» as well as the enforcement of a new water code in 2003. For implementation of above measures the country’s responsible water management authority, the Committee for Water Resources of the Ministry of Agriculture (CWR) was able to secure constantly increasing budgets since 2002, with the quadruple budget for 2005 in the amount of 26 billion Tenge (200 million USD. However, the organisational and institutional capacity of the CWR has remained unchanged and very limited and needs to be strengthened. ADB has agreed to support the by financing this Short Term Technical Assistance project (STTA). The main objectives of this STTA is to review the Governmental status and the organisational capacity of the CWR and to prose improvements. The project includes also a public awareness raising component as well as to provide comments on the current practise of tariffing. This study has been prepared by a team of international and national experts in the period May to October 2005. A first press conference was organized in August 2005 for the CWR, in the presence of the ADB Country Director and the Ambassador of Japan to Kazakhstan. This STTA has been financed by the Government of Japan from the Special Japanese Fund, provided through ADB.

Country Profile and Sector Information The Republic of Kazakhstan is the ninth largest country in the world with an area of 2.72 million km² and has a population of 15.2 million. Climatic conditions vary significantly over the country from the north to the south, but generally winters are cold and long, summers short and hot with rather high aridity. Precipitation in form of rain is not significant except in mountainous regions and is in average 300 mm in the semi- regions and reaches up to 1600 mm in the mountainous areas. An important feature of the river flows is the spring flood. A high amount of discharge occurs in this period lasting from March to May. After the economic slump at the beginning of independence, the economy has experienced a strong growth primarily due to the rapid development of the oil sector and the high world oil prices. However, the per capita GDP growth has been rather uneven over the country. The rural areas have been severely affected by the transition from the planned to the market economy. Rural poverty issues are intensified by the decline of

8 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report infrastructure facilities in towns and villages and lack of job possibilities. In recognition of this situation, the Government has embarked on several programs for the rural areas, including the rehabilitation of drinking water supply, sanitation and irrigation programs. Water sector management and water infrastructure in Kazakhstan is closely linked to agriculture and irrigation farming. Rather simple irrigation systems existed for long times but did not play a significant role. In the period from 1950 to 1965 massive construction of large scale water supply and irrigation systems was started and performed, reaching its peak period till 1975. The Irtysh- canal was built then, the Nura- canal, group water supply systems in Shymkent province of 162 km length and numerous others. 2.3 million ha of land was irrigated then, yielding a high production. However, the ecological side of the initiative was not sufficiently taken into consideration by the decision makers at that time, causing a degradation of soils, pollution of waters and the extinction of the Aral Sea. The total surface water reserves of the Republic of Kazakhstan are 539 km³. The renewable surface water resources are 100.5 km³ per year. However, the run-off in the rivers is very uneven, with close to 90% of the annual flow happening during the spring flood period, from March to May. Secondly, the run-off varies widely from one year to another. It reduces to 60-75% in dry years. Another important fact is, that 44% of water resources is transboundary inflow from neighbouring countries, including China, Uzbekistan, Russia and Kyrgyzstan, only 56.5 km³ originate from inland. The annual water abstraction in the country is about 23 km³ per year. This is equivalent to 1500 m³ per capita and year and corresponds to 23% of the total renewable water resources and 41% of the internal renewable water resources. The OECD has developed a “water stress indicator” which is the percentage of water abstracted compared to the water available. On the basis of total water resources, Kazakhstan falls under the category “medium-high water stress” and is in a similar situation like Japan, Germany, UK, USA, but better off than Spain, Italy, Belgium or Korea. On the basis of internal water resources, Kazakhstan falls in the category of “high water stress” and is in a worse situation than Portugal, Spain, Italy, Korea or Germany. On the other side, the per capita water abstraction of 1500 m³ per year is high by international comparison. The typical value for EU countries is 300 to 700 and in most countries below 1000, only the USA have a higher abstraction rate than Kazakhstan. Above figures clearly lead to the following conclusion: water resources of Kazakhstan are limited and special attention needs to be paid to the fact that the country depends to a significant amount from the inflow from neighbouring countries. Another fact is that the water abstractions are unusually high. All this clearly calls for enhanced water resources management. The resources need to be well protected against pollution and its use must be well managed. This situation is in clear contradiction to the low Governmental status of the country’s “water management authority” i.e. the CWR and the little resources provided to it. Another issue making efficient water resources management currently impossible is the fact that the different tasks are spread over a large number of Government

9 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report institutions and organisations and CWR does not have sufficient high enough status to be able to co-ordinate and monitor all those activities.

Water Resources Management in Kazakhstan Besides the water code, approved in 2003, the most important policy documents in the water sector of the Republic of Kazakhstan are the «Concept of Water Economy and Policy Development of the RK» and the Sector Program «Drinking Water 2002–2010». Legislation and Organisations in charge The basic principles of public administration of the sector are defined in the water code as follows: (i) the State to regulate and control the use and protection of water resources, (ii) sustainable water resources use – being a combination of careful, rational and complex use and protection of the resources, (iii) create optimum conditions for sustainable resource management and safety of population, (iv) administration by river basin approach, (v) sharing the tasks of control and administration of water use and the tasks of economic use of resources;

The main tasks of public administration are do to policy making, to determine procedures, to approve rules and to cooperate with foreign countries. This includes: available resources and demand definition of measures to overcome shortages, assessment of quantity and quality of resources and user rights, improve technologies regarding consumption disposal and protection, measures to increase resource availability, limitations of use, control conditions of water bodies, observe environmental requirements, efficient administration of state- owned water bodies and facilities, development of the water service market and transboundary issues.

The responsibilities of the Government are to: ¾ Develop the main directions of state policies with respect to water resources use and protection; ¾ Establish the administration for state owned water facilities; ¾ Determine procedures: for stock-taking of reserves, their use and the water cadastre; for development and approval of master plans and basin plans (complex use and protection of resources); for lease and asset management; for establishment and commissioning of enterprises affecting water bodies and constructions in water protection zones; ¾ Approve: the list of water supply systems of special importance (group water supplies without alternatives); regulations regarding establishment of water protection zones; rules on water relations between oblasts;

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¾ Cooperate with foreign states and international organisations regarding transboundary issues.

The responsibilities of the “authorised management body” (CWR) are to: ¾ Participate: in the development and implementation of state policies regarding water use and protection; in giving permission for activities and commissioning of facilities influencing water bodies; in development of priorities regarding interstate co-operation of water use and protection; ¾ Develop: programs for water sector development; plans for complex use and protection of resources; procedures for financial support (subsidies) of water supply of farmers and alternative-less group water supplies; investment projects including implementation; regulations for establishment of water protection zones; economic water balances; ¾ Organise: design and research efforts aiming at careful use and resources protection; operation of state-owned water bodies and facilities; monitoring and evaluation of irrigated land condition through special authorised institutions; ¾ Carry out: licensing for special water users; state control for resource protection and use; public record keeping including state water cadastre; creation of database with access by concerned parties; ¾ Approve: specific water consumption rates; standard regulations for general water use; water use limits in context of basins and water users; procedures for use of state-owned water bodies and drinking water sources and for operation of water facilities located on water bodies; ¾ Cooperate: with neighbouring countries regarding use and protection of water resources;

Responsibilities of the Basin Water Organisations (BWO) are to manage the protection and use of the resources, licensing, maintaining state records and water cadastre, control over reservoir operations, approval of schemes of complex use of water, interaction with local authorities, information dissemination and education of water users. An important instrument is the River Basin Board. This is a consulting and deliberative body made up of the key stakeholders i.e. heads of local executive bodies and representatives of water users and public associations.

Principles of IWRM and Current Practice in Kazakhstan The principles of modern water resources management can be summarized under the expression Integrated Water Resources Management (IWRM). This is by international means best practice regarding the management of water resources and water use. Its methodology rests on the following 6 principles: (1) management on the basis of river basins, (2) water and soil to be managed together, (3) consider social, economic and ecological factors together, (4) include surface and groundwater resources in the planning, (5) public participation in the planning process is required and (6) Transparency and accountability in decision making.

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The new Kazakh water code actually follows those principles. The existing river basin organisations can take up the role assigned to them in the new water code, if they are empowered to do so. The establishment of river basin boards is to be done. One major problem is that the heads of the BWOs are not powerful enough compared to other administration levels in the regions, to take up the role of initiator and coordinator. However, organised and planned water resources protection and water use management can not be performed in Kazakhstan at the moment, despite the fact that this would be urgently needed, considering the limited water resources and their bad quality status. This is a serious problem and will aggravate the longer it remains unsolved. The main barrier for unsatisfactory performance in the water sector is the incomplete institutional reform. The urgently needed water sector reform needs to resolve the following shortcomings: ¾ Low Governmental status of the water management authority (CWR). The CWR is a subordinate of the Ministry of Agriculture. In this position it does not have the necessary political and administrative power to carry out the tasks assigned by the water code. It requires o Upgrading CWR to be empowered to do the coordination of all Ministries and state agencies which need to be involved in water resources management; - and to take the lead in solving transboundary issues; o Strengthening the BWOs to be able to implement IWRM. ¾ Insufficient capacity of the CWR with respect to staff, office facilities and financial means; o The total staff at headquarters comprises 34; with this small team it is impossible to implement the tasks assigned to it by the water code, it must be at least doubled; o The total staff in the 8 BWOs is 165, in average 21 per BWO. This capacity is by far insufficient to do organised and planned IWRM;

Several projects with international finance and expert involvement have been implemented in the past years which contained an element of institutional strengthening. However, till now CWR could not receive enough political attention to have this problem solved.

Required Steps for Application of IWRM The short term requirements are: to finalise the reform of water sector management institutions i.e. to strengthen the CWR and the BWOs and to empower them to carry out the tasks and duties defined in the water code; to create the basin board; and then to start water resources planning according to IWRM. The medium term requirements are: to finish the inventory of water facilities; to transfer state owned canals if they are not of national importance to the municipalities; to transform state water enterprises, if they have no assets of

12 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report national importance to public enterprises; to finish the process in forming water user associations; The long term requirements are: to create branch enterprises under the respective water management authority for operation of water facilities; to create management mechanisms for solving conflicting water users interests; to develop projects to direct investments to maximum use of resources; to develop mechanism for tariffing of water use and pollution. The Irtysh river has its origin in China, so its river basin includes transboundary issues and would be suitable for becoming a show case for IWRM which could be copied later by other basins.

Review of the Current Water Tariffing Policy The operation of water utility services requires a special water use license in the Republic of Kazakhstan. It also falls under the law “About natural monopolies”, so water supply and sanitation services are subject to state antimonopoly regulation. Tariffs are calculated by the operators (Vodokanals) and need to be approved in the first instance by the local executive administration. In a next step, the proposed tariffs need to be also approved by the regulator (ARNM). Tariffs have to be calculated according to a clearly defined method which is checked by the regulator. The method is based on the “cost plus profit” principle. A study was done in 2004/05 for towns in the range of 10,000 to 100,000 inhabitants. The situation is such that 40% of the utilities recorded a profit and 60% a loss. Frequently Vodokanals have to declare bankruptcy, many are close to it. The current system of water tariffing has the following disadvantages: ¾ many Vodokanals are practically bankrupt and their facilities are in poor state, so financing of the sector obviously does not function; ¾ the “cost plus” method does not give any incentives to the operators to improve operation efficiency; ¾ tariffs do not consider the fact that systems are highly depreciated and the correct value for depreciation would be to use the “replacement value”; ¾ maintenance costs are not considered sufficiently, they should be at least 1-2% for civil works and 3% for electro-mechanical works annually; ¾ tariffs need to consider the true physical losses of the system as well as the revenue collection ratio; ¾ Vodokanals should have the possibility to work on multi-annual tariff regimes; ¾ ARNM actually takes unofficially the social affordability criterion of tariffs into consideration, so they tend to be too low. The philosophy for tariff setting should be changed and the following principles be applied: ¾ tariffs must be fully cost covering ¾ the user / polluter pays up to the socially affordable limit (approx. 3% of available free household income per capita)

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¾ a transparent and clearly defined subsidy regulation needs to be developed, which supports people where tariffs are beyond social affordability level. A method which has been successful in other countries, to get the tariffs right could be the following: ¾ there must be clear rules and regulations about service quality and environmental standards for water utility services; - they need to be developed by the CWR; ¾ mayors (as owner of the assets) are made personally responsible to obey those regulations; so, they need to care for the investments; ¾ utilities have access to national Government subsidy, if certain criteria are fulfilled, such as i) investment project is based on an acceptable design, ii) an acceptable business plan is submitted and iii) tariffs are set correctly (up);

Institutional Capacity of the CWR Internal Organisation Organisation wise the CWR comprises of the following: ¾ CWR headquarters in Astana with a total staff of 34; ¾ and the following subordinated organisations: o 8 Basin Water Organisations (BWO) with a total staff of 165; o 18 Republican State Enterprises (RSE) “Vodhoz companies” with a total staff of 5246, for operation of state owned water facilities; o 4 Government institutions (GI) with a total staff of 250 people, doing ameliorative land valuation and monitoring; The total staff of CWR including all subordinate organisations is 5695. CWR headquarters is managed by the Chairman and two Deputy Chairmen, one being responsible for the department of water resources use and protection and the second for the department of operation of water facilities and land amelioration and for the department of financing, administration and investments. Each of the departments is further divided into two divisions. When analysing the organisation, it becomes evident that the sub-sectors (i) drinking water supply and sewerage services and (ii) irrigation is not included which coordination and control actually should be managed also by the CWR. The insufficient capacity of the CWR headquarters is underlined by the fact that the number of budget programs has increased from 2002 to 2005 from 9 to 17 with a corresponding budget increase from 6 to 26 billion Tenge. The huge increase in correspondence from 3,985 to 11,640 letters at CWR headquarters is another indicator. Albeit, the capacity of the CWR has not increased. With these limited resources, the CWR is not able to cope with the tasks, it should carry out. It merely is able to react and to solve emergencies, but there is no time left to do organised planning and policy work.

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Low Governmental Status The CWR is a subordinate organisation to the Ministry of Agriculture which has the following consequences: ¾ Ministry of Agriculture is one of the largest water consumers, so there is a conflict of interest when doing water resources management; ¾ The Chairman of the CWR is not a Government member, so: o CWR is not powerful enough to coordinate several Ministries and state agencies which is required for IWRM; o CWR does not have a high enough status in transboundary negotiations, within the country organisations as well as in relation to the water management organisations in neighbouring countries.

Opinion Survey among CWR Headquarter Staff A survey has been carried out among 23 employees, not including the management and some people who were unavailable at that time. The following are the main findings: There is a rather even age distribution however, the age group 31-40 years is underrepresented. 48% of the employees have more than 10 years of work experience, so the professional seniority of the staff is fairly high. 70% of the staff states to have full knowledge of the sector. All people work 6 instead of 5 days a week and the daily working hours are 9 to 10. But all employees also expressed the wish for further professional education and training. Only 52% of the staff performs planned work routine, 39% work on emergencies and short term activities – pointing at the fact that much resources are needed to cope with emergencies. The main obstacles for performing the functions are (i) insufficient number of staff and (ii) bad office working conditions. Poor office conditions are mentioned several times with the main problems being small work area, lack of document storage space and storage facilities and no air conditioning. All employees demanded a staff increase to be able to cope with the current work load. 96% of the staff members stated that the Governmental status of CWR is inadequate to cope with tasks assigned to it. All employees stated dissatisfaction with the level of salary and 91% of them stated to have social problems, the predominant problem being problems with housing. The survey fully confirms in all aspects the inadequate Governmental status and the insufficient capacity of the CWR.

Organisation of the Water Sector in Different Countries The organisation of the water sector has been studied in several countries for comparison purposes. In order to have a rough impression about the importance of the water sector in a country, some indicators have been selected.

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Table 0-1: Water Sector Key Data in Selected Countries. Country Irrigated Annual per capita Annual per Resources use (%) land freshwater resources capita water and (%) (m³/c,a) abstraction OECD water stress indicator Total Internal (m³/c,a) Total Internal Kazakhstan 0.4% 6600 3700 1500 23% = 41% medium high high Kyrgyzstan(*) 5.4% 4100 9100 2200 24% medium high Tajikistan(*) 5.0% 10400 2100 20% moderate Turkmenistan 3.9% 5015 276 5801 116% (*) high Ubekistan (*) 9.6% 1968 638 2598 132% high Russian 0.3% 31400 30000 519 2% Federation (*) low China (*) 5.5% 2200 2200 439 20% 20% moderate moderate Germany 1.4% 1300 460 20% 35% moderate medium high Austria 0.5% 6800 450 4% 7% low low England & 0.4% 2400 220 21 20% Wales medium high moderate Jordan 0.8% 131 255 151% 195% high high Israel 9.0% 265 119 287 108% 241% high high France 530 16% 12% low low Netherlands 570 10% 105% low high Spain 960 35% 35% medium high medium high (*) Note: data are of the 1990-ies;

In Kyrhyzstan, Ministry of Agriculture, Water Management and Processing Industry is in charge of water management issues. But there is also a National Committee on Water Strategy Matters which reports directly to the President of the Republic and is an advisory body for rational use and protection of water resources and for providing the Government with options and basic directions in water policy issues. In Tajikistan, water agenda are allocated to the Ministry of Reclamation and Water Resources. But an important role plays also the Ministry of Environment Protection and the Land and Land Planning Committee. In Turkmenistan, Ministry of Water Resources is in charge of water management. In Uzbekistan, water management is located with the Ministry of Agriculture and Water Management. However, several policy matters are the responsibility of the Government level (Cabinet of Ministers). An important role plays also the Organisation for State Inspection, Control and Supervision. In Germany water management is to a large extend the responsibility of the federal states and the communes. On federal level, the Federal Ministry of Environment, Nature Conservation and Nuclear Safety deals with questions of water resources management.

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In Austria, the Federal Ministry of Agriculture, Forestry, Environment and Water Management is responsible for water management issues. But also here responsibilities are to a large extent delegated to the federal states. In the UK, water services were organised locally until 1974 when 10 regional authorities were founded. In 1989 those authorities were privatised. Important functions are performed by the regulator, the Office of Water Services (OFWAT), the Drinking Water Inspectorate and the National Rivers Authority, now integrated in the Environmental Agency, who deals with water body monitoring and water resources management. Jordan has a Ministry of Water and Irrigation being responsible for water resources management. Below this are the Water Authority of Jordan, being in charge of water and sewerage systems and the Jordan Valley Authority being responsible for the socio-economic development of the Jordan rift valley, including water infrastructure development and irrigation. In Israel, the Water Commissioner, appointed by the Government, is responsible for overall water resources management. However, in 2001 the Water Commissioner became subordinate to the Ministry of Agriculture or the Ministry of Infrastructure, depending on the Government coalition. Since then, there are serious discussions about the fragmentation of competences and the subsequent weakness of the Water Commissioner. In France, the competences of water resources are mainly with the Ministry of Environment. Also the Ministries of Industry, Agriculture and of Infrastructure have some authority, as well as the National Water Committee comprising of various stakeholders which have a consultative role on major projects with national importance and on general water related issues. The country has 6 river basin authorities which developed the water use schemes and regulate the water use and resources management. In addition there are Water Agencies and their roles is to fix tariffs and to provide subsidies for investments. In the Netherlands, the national Government draws up the policy and the provincial government is responsible for implementing these measures and plans. Ministry of Housing, Spatial Planning and Environment monitors health and hygiene. Groundwater use has to be licensed by the provinces. Surface water is managed by the Department of Public Works and Water Management. In Spain, Ministry of Environment is responsible for water policy issues and has prepared a general master plan. Water resources management is implemented on the river basin level by River Basin Institutions. In summary it can be concluded that (i) the water resources and water use management agency may be located at quite different Government organisations, but is always situated as stand-alone or part of some top Government level, but not subordinated, (ii) water management does not function well, if the management unit is not placed clearly above water user units (organisations), (iii) the performance is poor, if management responsibilities are fragmented over several organisations, (iv) IWRM is typically implemented by river basin organisations, in some cases still by the state Governments, under coordination of a national unit.

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Proposed Raising of Governmental Status of CWR and Improvement of its Capacity Increase Governmental Status Based on the analysis carried out and by considering the experience from other countries, it is evident that the Governmental status of the CWR needs to be upgraded. The guiding principle for the change must be (i) to empower the “water management authority” sufficiently to be able to do IWRM, (ii) to avoid a conflict of interest between the biggest water consumer (Ministry of Agriculture) and the “water management authority” and (iii) to put the “water management authority” at least on equal Governmental level like it is in the neighbouring countries. Four options have been compared i.e. (i) the CWR under the Ministry of Agriculture (status quo), (ii) a Ministry of Agriculture and Water Resources Management, (iii) State Agency for Water Resources Management and (iv) Ministry of Water Resources Management. An evaluation matrix was prepared, using as performance criteria the tasks assigned in the water code to the water management authority plus some other general criteria.

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Table 0-2: Selection of Best Status of “Water Management Authority” Option 1 Option 2 Option 3 Option 4 Criteria CWR MoA & State Mo under WRM Agency WRM MoA for WRM Responsibilities per water code 1 Development of water policy 2 2 3 3 2 Develop programs for sector improvement 1 1 3 3 3 Development of master plans (complex schemes) 1 1 3 3 4 Approve consumption rates and water use regulations 2 2 3 3 5 Licensing and permits for users on republican level 2 2 3 3 6 Develop mechanism for financial support for infrastructure 1 1 3 3 7 Control of water resource use and protection 1 2 3 3 8 Data base, state water cadastre 2 2 3 3 9 Water information centre; public relations 1 1 3 3 10 Coordinate state water institutions (GGME, etc) 2233 11 intergovernmental cooperation, secure investment funds 1 2 2 3 12 develop & implement state program for feasible group WS 1233 13 develop and realise private sector involvement 1 1 3 3 14 Secure & improve interregional/intern. facilities 1 1 2 3 15 Data collection for certification of water facilities 1 1 3 3 16 Participate in commissioning of complex facilities 2 2 3 3 Others 17 Ability to focus on water issues only 1 2 3 3 18 Independence 1 1 2 3 19 Transboundary negotiations and agreements 1 1 2 3 20 Minimal political influence 1 1 2 3 21 Flexibility 1 1 3 3 22 Status of employees 1 1 2 3 23 Monitor & control drinking water supply and sanitation 1 1 3 3 24 Support development of irrigation systems 3333 Total 32366672 Average (max = 3, min = 1) 1,33 1,50 2,75 3,00 Note: 3 = very good 2 = good 1 = weak

The same points can be given to more than one options;

The latter two solutions have comparatively equal merits, the first two solutions clearly fall behind. Finally, it is recommended to establish a separate Ministry of Water Resources Management plus to establish also a National Water Strategy Commission (similar to Kyrgyzstan), reporting to the Deputy Prime Minister. In this form, MoWRM should be sufficient empowered to carry out IWRM with their subordinated BWOs and water agenda would get the urgently deserved attention in the policy making by the Government.

Capacity Increase Considering the current understaffing of the CWR headquarters and taking into consideration the additional tasks which the “water management authority” needs to carry out under the new water code, it is recommended to increase the capacity of the headquarter staff from currently 34 to 70. The proposal is to split the department of investing, financing and administration into two and to double

19 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report the number of divisions from 6 to 12. The proposal foresees new divisions for strengthening IWRM management, a new division for information dissemination and innovation support, a division for support of public water supply and sanitation systems and one for State support for rural water supply and irrigation. Further more it must be clear that the staff of the BWOs will need to be increased significantly, in order for them to carry out IWRM. All staff increase obviously needs to go in parallel with increase of office facilities, equipment and appropriate financial means.

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1 INTRODUCTION

1.1 BACKGROUND Several activities have been undertaken in the past years to strengthen management of water resources and the management of water supply and sanitation systems in Kazakhstan. On 21st January 2002, the «Concept of Water Economy and Policy Development of the RK» came into force with Government Regulation № 71. On 23rd January 2002, the Sector Program «Drinking Water 2002–2010» was approved by Government Regulation No. 93. Law № 404 «On Rural Water Consumer Cooperatives» was issued on 08.04.2003. The new water code of the RK was approved on 09.07.2003. These documents greatly strengthen the legal base of the water sector in the RK. At the same time, approval of these regulations charges the CWR with many additional functions and tasks. Its main functions can be summarized as follows: licensing different types of water use permissions, approving norms and normative values for water use, state support (financing) of the water sector and preparation and implementation of investment projects including international funded ones, establishment of an innovation and information database regarding use and protection of the water fund (resources), and implementation of basic principles for integrated water resources management of the RK. For implementation of above measures the CWR received the following funds from the Republican budget: ¾ in 2002 (9 budget programs) – 6.08 billion Tenge (46.4 mill $), ¾ in 2003 (18 budget programs) – 11.04 billion Tenge (84.3 mill $), ¾ in 2004 (17 budget programs) – 17.42 billion Tenge (133.0 mill $), ¾ for 2005 (17 budget prog.) the draft budget is - 26 billion Tenge (198.5 mill $). The annual increase in funding for the CWR ranges between 50 to 60% but is still insufficient to overcome certain difficulties in implementation, quality of works and timeliness. Considering the foregoing, the Government of the RK approached the ADB in 2004 with a request for a STTA to increase the organizational capacity of the CWR. In 2001, the Asian Development Bank (ADB) outlined its vision for integrated water management in the region in its "Water for All” policy paper1. The principal goals outlined in the water policy are as follows: ƒ Promote a focus on national water sector reform ƒ Foster an integrated management of water resources ƒ Improve and expand the delivery of water services ƒ Foster conservation of water and increase system efficiencies

1 WATER FOR EVERYBODY. The water policy of the Asian Development Bank. Oct. 16, 2001.

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ƒ Promote regional cooperation and expand mutually beneficial use of common water resources between riparian countries ƒ Promote partnerships and facilitate the exchange of water sector information ƒ Improve governance and capacity building In Kazakhstan, institutional strengthening of the CWR primarily aims at solving governance and capacity building issues for which ABD kindly agreed to provide funds to field the STTA for implementation of the project “Institutional Strengthening of the Committee for Water Resources”.

1.2 OBJECTIVES The main objective of this TA is, to strengthen the organizational capacity of the Committee for Water Resources, taking into account the increased volume of work during the past years, connected to implementation of budget programs and many new normative regulations with regard to water management. To achieve the main objectives of the project it is necessary to: ƒ analyze the current organisational structure and the institutional set up of the CWR, taking into consideration the increasing number of State programs in the field of water resources; ƒ review current policies on water tariff setting, sector planning, and budgeting; ƒ propose measures to strengthen CWR’s capacity to oversee water sector reforms; ƒ propose capacity building programs tailored to the needs of CWR staff at central and regional levels; ƒ design an implementation plan for capacity building, including training programs and provision of equipment as needed; ƒ propose possible strategies aimed to increase the effectiveness of inter- agency and inter-ministry cooperation; ƒ propose appropriate measures to improve planning, budgeting, and financial management.

1.3 SCOPE OF WORKS 1.3.1 Original Initially the project was to include an institutional analysis of the ’WR's administrative potential at the national and at regional levels, including more exact differentiation of responsibilities and powers at central and local levels of water resources management. It was further planned to develop recommendations and proposals for improving the organization for management of the water sector. The main tasks for the STTA are: ƒ review of sectoral policies and legislation, existing and agreed for implementation in the Republic of Kazakhstan, regarding questions of management and rational water resources use;

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ƒ review of the water sector abroad and with focus on adjacent CIS countries; ƒ assess the internal and the external organizational structure of the CWR in the Republic of Kazakhstan; ƒ close cooperation with representatives of CWR and its subdivisions, as well as other state bodies, including such as the Ministry of Finance (MF) and the Ministry of Environment (MEnv) for an appreciation of the current situation and conditions; ƒ institutional analysis of CWR management capacity at national and regional levels; ƒ development of proposal and recommendations to meet the project objectives.

1.3.2 Agreed Revision The project budget was considerably reduced compared to the original proposed one. This, as well as the fact that training of staff would require a time period exceeding the project duration, practically resulted in omission of staff training activities. Consequently it is suggested to limit the TA input to proposing training programs for CWR staff. A survey to assess customer satisfaction as required by the TOR with regard to quality of water services and acceptance of tariffs can not be carried out under the limited budget of this STTA. As suggested in the inception report it was agreed to concentrate on key issues of concern of the CWR, are the following: ¾ The low status of the CWR (external organization) – in relation to other Government organizations; and which strongly determines the future work load of the CWR; ¾ Required capacity increase of the CWR (internal organization) to be able to cope with the increasing tasks and work load assigned; ¾ During discussion of the inception report it was agreed to include into the project a public awareness component which comprises workshops and press conferences for information dissemination, to inform the public about the role and functions of the CWR.

1.4 PROJECT TEAM AND STTA ACTIVITIES The project team consists of the following experts: International Expert Mr. Friedrich Schwaiger Team Leader / Management Specialist Local Consultants: Ms. Zhana Zaitseva Deputy TL / Water Supply and Sanitation Specialist Mr. Dauren Kassabekov Financial Expert Mr. Gulnar Tulebayeva Water Supply and Sanitation Specialist Mr. Igor Petrakov Legal Expert Ms. Galina Blinova Capacity Building Expert

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Ms. Valery Torubara Capacity Building Expert

Project work began 2nd May 2005 and originally the project was scheduled for 4 months. However, as a result of delay in data collection and the fact that the public awareness building component was added to the project, the duration of the project was extended up to end of October 2005. Office room is provided by the CWR. The office could be taken over at project start and is located in the building which is also used by the Republican State Enterprise “Astana Su” of the Committee for Water Resources. In accordance with the STTA work schedule, the inception report was submitted to CWR and ADB on 30th June 2005. CWR positively concluded on the report and jointly with ADB and CWR the team revised the time schedule for the STTA. A press conference was organized on 10.08.2005 at which both Deputy Chairmen presented the STTA project and other projects supported by ADB, in the presence of the ADB Country Director and the Ambassador of Japan.

1.5 DATA SOURCE The main data sources for the STTA are: • Legislative and normative documents of the water sector of the RK; • Documents and information provided by CWR and its subordinate organizations; • Documents and information made available by other Ministries and institutions with responsibilities in the water sector; • Publications in periodicals (public science journal “Water management of Kazakhstan” and monthly technical journal “Water resources and water use”, newspapers) and other mass media; • Reports of international financing institutions (IFI) and non-governmental organizations involved in the water sector. Then the project team independently assessed the efficiency of CWR head quarter staff using a questionnaire composed of 30 questions. Finally, to have more reliable up-to-date data about the activities of CWR dependent organizations, the project team sent out a questionnaire to Basin- Water Organizations (BWOs) with the request to submit proposals and recommendations for the increase of effectiveness of BWO activities and the whole water sector.

1.6 GRATITUDE The project team expresses its gratitude to all specialists of the Committee for Water Resources of the Ministry of Agriculture (CWR MoA) who rendered assistance for collection of data and for their constructive comments and recommendations.

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Important assistance and support was extended to the project team by Mr. A. Ryabtsev, Chairman of the CWR, Mr. A. Kenshimov, Deputy Chairman of the CWR and responsible for project implementation on behalf of the CWR. The appreciation is also extended to all specialists of concerned Ministries and authorities that took an role in workshops for their observations and constructive comments. Mr. Yuri Blinov, Senior Sector Supply Specialist deserves a really great thank you from all team for the permanent support, the editorial works and his specialist advise on all aspects of the project. The team thanks also Headquarter of the Asian Development Bank (ADB) in the person of Ms. Eri Honda – specialist for Urban Development , as well as the ADB Resident Mission in Kazakhstan in the person of Mr. Kazuhiko Higuchi – Country Director of the ADB Representative Mission and Ms. Tatiana Simonova – Project Implementation Officer. The project could be realized thanks to the grant financing provided by the Government of Japan through the Special Japanese Fund, administered by ADB.

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2 COUNTRY PROFILE AND SECTOR INFORMATION

2.1 COUNTRY PROFILE 2.1.1 Geographical Location and Topography The Republic of Kazakhstan is situated in in the middle of the Eurasian continent. It occupies 2.72 million sq. km of land, ranking as the ninth largest country in the world2. The western state border runs along the Caspian shore, with the Volga steppes ascending northward to the southern flanks of the and further eastward along the southern edge of the Siberian Plain to the Altai Ridge. The eastern border runs along the Tarbagatai and Jungar ridges, and the southern border runs along the Tien Shan Ridge and the Turan Lowlands to the Caspian coast. The highest point in Kazakhstan is Khan-Tengri (6,995 m above sea level), and the lowest point is the Depression (132 m below sea level). In accordance with the data of the Statistics Agency of the Republic of Kazakhstan the number of population of the country is 15,146,800 on 1st July 2005 and it increased by 0.5 % during the first six months of 2005. Thus, the density of the population is on average 5.7 people/km2. Kazakhstan borders five countries. The total length of the state border is 12,187 km, including: 6,467 km with the Russian Federation; 2,300 km with the Republic of Uzbekistan; 1,460 km with the People's Republic of China; 980 km with the Kyrgyz Republic; 380 km with Turkmenistan. The land border amounts to 11,400 km. The Kazakhstani part of the Aral coastline comprises 1,015 km and of the Caspian coastline, 2,340 km. Kazakhstan borders Uzbekistan along the middle line of the Aral Sea. A specific feature of the territory of Kazakhstan is that its greater part forms the internal-drainage basins of the , the Aral Sea, Lake Balkash, Lake Tengiz, Lake Alakol, etc., none of which have an outflow into an ocean. As a result, a significant portion of pollutants accumulate in the lower reaches of the country's transboundary rivers such as the deltas of the Syrdarya River, River, Ural River, etc. These pollutants are either carried by river flows, fall as atmospheric precipitation, occur as a result of the disposal of industrial waste and pollutant discharges or come from other sources. Thus the issue of water resource management and water quality in water facilities is becoming a critical issue in Kazakhstan. The landscapes of Kazakhstan are extremely diverse. The southern part of Obschiy Syrt and Pre-Ural Plateau (354 m above sea level) occupy the northwest area of the Republic. The vast flat Pre-Caspian Lowlands are to the south. The Mangyshlak Peninsula (saline lowlands and deep internal-drainage depressions down to -132 m) is situated in the southwest of the Republic. The steep (up to 340 m above sea level) is located to the east. The pre-Caspian Lowlands are confined to the southern flanks of Ural and Mugodzhary (657 m above sea level). The Turgai Plateau (200-400 m above sea level) is situated northeast of Mugodzhary and in the south becomes the Turan Lowlands, occupied by the . Sand massifs Bolshiye and Maliye Barsuki and Pre-Ural Karakums are located north of the Aral Sea.

2 Review “Water Resources of Kazakhstan in the new millennium”, UNDP, 2004

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The central part of the country is occupied by the Kazakh rolling hills. The most arid desert Betpak-Dala is located to the south; it borders the Moyinkum sands to the south and the Balkash Depression and sand massif Sary-Ishikotrau to the east. The Ili Depression is situated to the south of Balkash and the Sasykol- Alakol Depression is situated to the east. and semi-deserts occupy 58 % of the territory of the Republic. Approximately 10 % of Kazakhstan's territory is occupied by mountains: the in the northeast (Mount Belukha, 4,506 m above sea level) and the West. The North Tien Shan Mountains in the south, and in the southeast, including the (4,488 m above sea level), Trans-Ili (4973 m above sea level), and the Jungar Alatau. New tectonic shifts and resulting earthquakes are observed in many mountainous .

2.1.2 Climate and Vegetation The vastness of the territory, its openness in the north and southwest, remoteness from oceans and high radiation form a peculiar climate of Kazakhstan, which significantly differs from the climate of adjacent territories and from the climate of countries situated at approximately the same latitudes. At the same time, certain specific features of the country's climate can be observed in some remote parts of the world. For example, the number of sunny days that the southern regions of Kazakhstan experience, reminds one of Egypt and California; by annual evaporation they correspond to the central parts of South and North America; Kazakhstan's arid summers are similar to the inland areas of Iran, Arabia, Egypt and Sudan. Comparison of certain regions of the country to regions on the same latitudes on the Russian Plain shows that the climate of Kazakhstan differs in having lengthy and severe winters, short hot summers, and a greater number of clear days and by having higher aridity and more variable temperatures. Winters are long and cold in the northern part of the country, mild in the central part and warm in the south. The average temperature in January varies from - 18°Ñ in the north to -3°Ñ in the extreme south of the Kazakhstani plains. Summer is long and arid on the plains. It is warm in the north, very warm in the central part and hot in the south. The average temperature in July varies from 19°C in the north to 28-30°C in the south. In the mountains, summer is short and moderate and winter is relatively warm. Precipitation in the form of rain is insignificant, except for mountainous regions. In the zone of forest steppe precipitation is 300-400 mm per annum, decreasing to 250 mm in the steppe zone; in the territory of the Kazakh rolling hills annual precipitation increases to 300-400 mm and in semi-deserts and deserts decreases to 200-100 mm. The lowest precipitation (less than 100 mm/year) falls in Pre-Balkhash, on the southeast of Pre-Aral Kyzylkums and South Ustyurt. In the foothills and mountains precipitation varies from 400 mm to 1600 mm per annum. Maximum precipitation in central areas and in the north falls during summer months, and in the south during early spring. In the north of Kazakhstan southwesterly winds prevail in winter, with northeast winds prevailing in the south; northerly winds prevail on the entire territory in summer. Strong winds are characteristic for the entire territory, while in a number of regions hurricanes (over 40 m/sec), and dry and frigid winds prevail. In summer dry periods can last 40-60 days, with air humidity decreasing to just 5-12 %, causing evaporation of water bodies, burning of vegetation (surface drought)

27 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report and extinction of wildlife. In winter alternation of severe frosts (down to -40-47°C) and thaws, instability and blowing away of snow cover result in the freezing of trees, grass roots, formation of multilayer ice crust on the snow cover and complete freezing of water bodies causing constant lack of food, death of animals and mass deaths of fish in lakes. Its landlocked location, uniform flat topography, vastness of the territory extending in latitudinal and longitudinal directions, plus various natural and climatic conditions, all determine the diversity of landscape and ecosystems of Kazakhstan. The flora of Kazakhstan includes 68 species of trees, 266 species of bushes, 433 species of shrubs, semi-shrubs and semi-grasses, 2,598 species of perennial grasses and 849 annual grasses. According to the State Registration, the area of the forest reserve and specially protected territories - as of 1 January 2002 - comprised 26.08 million ha, including 11.47 million ha of forest. Forests, including saksaul woods and bushes, cover 4.2 % of the territory of Kazakhstan (without bushes, 1.2 %). Forests are distributed unevenly across the country. In some regions the area of forests varies from 0.1 % to 16 %. The largest areas covered with forests (including saksaul trees and bushes) are in the south (69.3 %), in the southeast (15.5 %) and in the north (12.1 %) of the country. Forests of Kazakhstan include birch massifs (woods) in the northern regions and insular pine tree forests in the northwestern regions; pine tree forests on the Kazakh rolling hills; strip pine tree forests on the right bank of the Irtysh River, by piedmont forests in Altai and Saur, Trans-Ili Alatau and other Tien Shan ridges; desert saksaul woods and flood-plain forests which occupy insignificant areas along the rivers. Flood-plain forests are located mostly along the Irtysh, Ishim and rivers in the north and along the Ural River in the west of the country. Willows, aspens, poplars, Russian elms, birches, -cherries and alders prevail; oaks prevail along the Ural River. These forests have exclusive water protection and water regulation significance. It should be noted that the majority of natural systems have been disturbed during land development for agricultural, industrial and civil construction purposes. The beds of the main rivers have been altered; inter-mountain and steppe areas ploughed; piedmont and flood-plain forests cut; unique and relic biological communities have disappeared or are on the verge of extinction.

2.1.3 Social and Economic Development а) Development of the Economy Having moved through the successive stages of decline, stagnation and macroeconomic stabilization during twelve years of independence, Kazakhstan's economy has been experiencing economic growth for the last four years.3 It should be emphasized that Kazakhstan's recent rates of GDP increase have been the highest among all CIS counries. This economic is growth conditioned by rapid development of the oil sector and high world oil prices, providing better living standards for the population.

3 «Kazakhstan: Human Development Report», UNDP, 2003.

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At the same time, however, neglect of regional difficulties during the economic reform process has resulted in increasing polarization whereby mining areas have developed quickly while other province - primarily agrarian provinces with relatively low urbanization levels, population mobility and standards of living - have lagged behind in overall development. Thus, during 1991-1999, the ratio of per capita GDP between the richest and poorest oblasts ranged from 2.9 and 7.6. This ratio climbed above 10 during 2000-2002. It is notable that the majority of CIS states experience similar regional disparities in economic development. Differing levels of regional economic development are responsible for differing levels of human development by region. Despite higher rates of industrial production, mining areas suffer from higher poverty levels, poorer social infrastructure, higher unemployment rates and substantial income disparities. Such regions are also notorious for imbalances in development and the degradation of previously accumulated social achievements in education and health.

b) Problems of the Rural Areas Having experienced a crisis caused by disruption of the old and introduction of new production mechanisms, the agricultural sector has stabilized over recent years. However, the share of agricultural production in GDP remains small. About a half of the population resides in rural areas. One-third of these have incomes below the subsistence minimum. Rural poverty issues are intensified by the degradation of social safety nets, the decline of manufacturing and engineering infrastructure in towns and villages, the lack of access to statutory education, health care, and potable water supply. These problems have not got overcome in part due to the lack of community-based initiatives that target poverty alleviation. Environmental issues also have an unhealthy effect on rural communities. Recognizing the importance of enhancing agricultural production, developing rural areas and alleviating rural poverty, the Government has launched the State Agriculture and Food Program and the State Program of Rural Territories Development,4" which require an analysis of rural settlements for future prospects in order to assess the potential for optimal rural settlement. The newly- established settlement model will be based on developing or creating employment opportunities, social infrastructure, etc. in order to promote human development. In accordance with the goals set forth in the Program, a viable "life support" system will be set up to ensure the equal access of rural communities to social goods based on real economic growth. The program hopes to reduce unemployment in rural areas in part through reviving idle rural farms by strengthening the system for agricultural marketing and rehabilitating water infrastructure in selected rural settlements. Over time, productively gains in the agricultural sector and higher wage levels in the industrial sector will tend to draw labour from one sector to the other. In general, economic growth, which depends on exploitation of natural resources and fluctuations in world prices can result in unsustainable development and

4 Decree of the President of RK «About the State Agriculture and Food program of the Republic of Kazakhstan for 2003-2005» dated 05.06.2002 № 889 and Decree of the President of RK «About the State Program of rural territories development for 2004-2010» dated 10.07.2003 № 1149.

29 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report increased environmental degradation. Indeed, the quality of growth is as important for poverty eradication, human development and sustainability as its quantity.

c) Unemployment and Gender Relations The dynamics of employment rates, average wage levels and income distribution indicators are important factors in the linkages between economic growth and human development. Since the beginning of the reform period, the Kazakhstani labour market has experienced profound structural changes brought on by demographic processes and fluctuations in the ratio of people reaching working age to those reaching retirement age. During this period, the decline in the number of labour force actually exceeded the decline in the overall population. Moreover, while in 1991 the proportion of hired employees among the labour force was 95.8 %, by 2004 that figure had dropped to 57 %. In the same time, during this period the proportion of self-employed people grew from 1.5 % to 34.6 %, more than half of these were women. According to official statistics the number of unemployed has been steadily declining since 2000. However, the overall situation on the labour market has been improving more slowly than it may appear because official statistics do not take into full account the number of illegal workers coming from neighbouring countries. However the level of unemployment of young people (population of 15- 24 years old) keeps high, so-called "long-term unemployment" is widespread. Regional variations in unemployment are still observed. Unemployment rates above the national average in 2003 (8.8 %) were recorded in Zhambyl (11.1 %), Kyzylorda (11.4 %) and Manghistau (9.7 %) oblasts. In accordance with the RK Statistics Agency data, the number of Kazakhstani unemployed in the second quarter of 2005 decreased in comparison with period 2004 for 3 % and is 634.1 thousand people. In the mentioned period the number of economically active population of 15 years old and more is 7.9 million people that is 0.3 % more than in the second quarter 2004. 7.3 million people (0.6 % more than 2004) were involved in the economy of the country. As work-had there were 4.6 million people (63.6 % of total number) were occupied. The share of registered unemployed of the economically active population is 1.4 %. The nominal average monthly salary of one employee increased (14.4 %). In June 2005 it was 32,152 Tenge (about 240 US$). The most high-paid employees are the work-hand of the tobacco industry (the salary is more than 113 thousand Tenge) and gas-and-oil industry (from 54 to 104 thousand Tenge). Actually the average salary of male population of Kazakhstan is 37,300 Tenge, and female population – 22,881 Tenge. The proportion of female employees increased from 45.8 % to 48.2 % during 1999-2004. Although the country adopted the principle of "equal pay for equal work", the ratio of average female to male wages rate fell from 75.8 % in 1999 to 61.7 % in 2004. This is because women hold predominantly low-paid posts in education and health care. Women also represent a majority among the self- employed population who do not have access to social security benefits. Gender data from 2004 reflect the kept prevalence of female unemployment at 57.3% of the overall unemployed population. Women of over 40-45 years old with higher or vocational secondary education have almost zero chances of getting a job in their area of specialization. Moreover, reduced numbers of kindergartens and their

30 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report increased costs, along with a lack of affordable alternative services have affected women's freedom of choice because they have few alternatives to a "house-wife" career, just as expected according to traditional stereotypes. Despite growing employment in small and medium enterprises (SMEs), their share of overall GDP remains quite low.

d) Poverty The problem of poverty is considered not only from the income standpoint but also in terms of limited choices and capabilities to have a decent life. The proportion of people living below the poverty line in Kazakhstan fell to 16.1% in 2004, with a maximum of 39% observed in 1998. Since 1999 there has been a clear and steady decline in the numbers of poor people due to strong economic growth over the last four years and therefore better employment and higher incomes. There has been a decline in the percentage of the poorest population whose incomes are considerably lower than the food basket level. Thus, between 1999-2004, while the ratio of population with incomes below the subsistence minimum decreased by 18.4%, the proportion of the poorest population only fell by 10.2%. Regional disparities in the incidence of poverty levels are significant. The highest proportion of population with income below the subsistence minimum was observed in Zhambyl (30%), Mangistau (26%), Atyrau (32.7%), Kyzylorda (27.1%), and South Kazakhstan (26.1%) oblasts in 2003. In contrast, the lowest proportions of poor population were recorded in Astana (2.1%) and Almaty City (3.9%). Highest poverty indicators are observed in Atyrau and Zhambyl oblasts. Atyrau oblast, the leader in per capita gross regional product (GRP), also has the "leading" (i.e. worst) poverty indicators. Income disparities are linked mostly with low wage levels in certain areas of economic activity - particularly in Government-funded institutions and the agricultural sector - as well as lack of means-testing and access to state social assistance. The proportion of poor in rural areas is almost twice as high as in urban areas. Monetary income in urban communities is 2-2.4 times higher than in the countryside. Recognizing poverty as one of the country's most prominent problems, the Government implemented the Programme on Fighting Poverty and Unemployment for 2000-2002 aimed at providing social assistance to the poor population and reducing the level of unemployment. However, the programme focused primarily on income poverty and did not take into account other dimensions of poverty such as increasing access to health and educational services, addressing environmental problems, gender equality, etc.5 One of the main challenges in tackling poverty throughout the country is to enhance poor people's access to public services such as education, medical care and social infrastructure, which remains a priority in the Government's mid- term policies. The Poverty Reduction Programme for 2003-2005 seeks to alleviate poverty through: generating productive employment and increases in real

5 UN Millennium Development Goals in Kazakhstan, 2002.

31 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report income; improving access to health and educational services for the poor; and targeting social protection and improving management of the state's pro-poor services with the involvement of social institutions in decision-making.6

2.1.4 State Governance and Institutions Democracy building has been ongoing for over a decade. Fundamental linkages between political changes, drastic market reforms and state building all illustrate democratization processes in Kazakhstan. The severe socio-economic crisis of the early 1990s, as well as the lack of market economy mechanisms, democratic traditions and institutions, made the early stages of structural change all the more complicated. Economic transition was to serve as a prerequisite to political reform aimed at democratization of the political system. Democratic institutions, the rule of law, equal opportunities and a decent standard of living for all have been paramount for Kazakhstan since gaining independence. These values are enshrined in the Constitution in which "The Republic of Kazakhstan proclaims itself a democratic, secular, lawful and social state whose supreme values are people, their lives, rights and freedoms".7 In general the state appears to have been successful in performing its social functions, ensuring social and political stability of Kazakhstani society, and using Government controls to create a competitive market environment and incentives for self-fulfilment through a wide range of rights and freedoms. Yet rapid economic development is impossible to sustain without improving and further developing public administration, which has been clearly illustrated in the experiences of industrialized countries. Long-term sustainable development requires ongoing enhancement of various forms of governance, with growing involvement of public and civic institutions as well as individual citizens becoming a mainstream tendency. Achieving this aim involves making the establishment of administrative authorities and electoral processes transparent and enhancing the roles of representative bodies. In the future, the development of representative democracy must be accompanied by participatory democracy, which implies enhancement of civil society and NGOs. All these aspects are of particular relevance for those states that have launched economic, social and political reforms. In Kazakhstan the situation is more complicated due to the continuation of the previous state system, which inhibited public participation in the political process and necessitated democratization in order to adequately adjust to the changing situation. Kazakhstan still needs to "accelerate" this process in order to complete the cycle, which took western countries some 200 years to accomplish. It should also be borne in mind that western countries still continue to enhance the efficiency of governance and improve mechanisms of transparency, supervision and accountability. From the very beginning of the comprehensive structural changes it became clear that the goal of sustainable development could only be achieved if effective governance systems were in place at all levels of Government. Global practice shows that the prerequisites for effective governance are:

6 Government's Decree #296 On Approval of the Poverty Reduction Program for 2003-2005 (26.03.2003) 7 Constitution of the Republic of Kazakhstan dated 30 August 1995 (amended 7 October 1998)

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• Decentralization, which means the transfer of non-core functions from Government Ministries and agencies to regional and local bodies; • Development of local self-governance, which includes the transfer of a number of functions from the state to the private and non-profit sectors. Kazakhstan's model of efficient governance is remarkable for its continued concentration on top-down, vertical authority. The fundamentals of such public governance were enshrined in the Constitution of 1995, which is still in force. According to the Constitution, Kazakhstan is a unitary state. The "unitary principle" determines the organizational structure of the country, which is outlined below in Fig. 2-1. The distribution of functions among different levels of Government and enhancement of inter-budgetary relations are particularly important in addressing many of the development issues prevalent in Kazakhstan, including the use and conservation of water resources. In addition, the importance of community involvement is increasing as only people themselves can meet the daily needs of their communities most effectively. In this context, self-governance is becoming of particular significance. The introduction and comprehensive development of local self-governance has been on the agenda for a long time in Kazakhstan, due to the following factors: • Lack of a unified definition of "local self-governance", its status and role in the social and political systems of the state. • Unclear legal framework for accountability of local self-governance bodies. • Lack of an effective financial framework for local self-governance, namely lack of local budgets at village (aul) levels. • Deficit of qualified staff to work in institutions of local governance. • Formation of local self-governance is also hindered by the population's low incomes and small numbers of property owners having a stake in self- organization issues.

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Fig. 2-1: Layout of Governance in the Republic of Kazakhstan

The President

Division of powers

Legislature Executive Judiciary

Parliament Government Supreme Court

Mazhilis Senat

Local Authorities

Oblast and Local Representative Local Executive subordinate courts Authorities Authorities

Maslikhats of Oblasts , Akims of Oblasts, Astana, Almaty Astana, Almaty

Maslikhats of towns Akims of towns and and regions regions

The above factors are significant barriers to the development of local governance and self-governance systems in Kazakhstan, requiring careful consideration and well thought-out solutions. Some amendment of the current Law "On local governance" will be required. There is a clear need to adopt a Law "On local self- governance". These legislative actions will trigger an amendment of the Law "On budgetary system" - the development and adoption of a Budgetary Code based on new principles of inter-budgetary relations. In addition, over a hundred other pieces of legislation will have to be revised to further modernize the governance principles and smooth the introduction and operation of a local self-governance system in Kazakhstan. At present the National commission for democracy and civil society issues is created and works under the President of RK. The major objectives of the National Commission is to develop measures aimed at political system perfection, and to determine paramount tasks for the further democratization of civil society. During one year the Commission examines the proposals of self- governance creation. All proposals as recommendations will be submitted for consideration of the President.

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After the creation of self-governance the process of water resources use and protection will improve in population residence. In basins of small rivers it is possible to create small Basin boards which will be responsible for water works, will coordinate procedures of waterworks use and protection taking into consideration the environment. Sphere of action of the small Basin board as self- governance form is very large: organization of population work of waterworks purification, elimination of water pollution sources, planting of greenery of water protection areas and bounds, training of water safe technologies, ecological education of the population etc. Having created relatively stable economic foundations for the development of the state, there is a need to begin to focus on providing access for all citizens of this vast territory to the outcomes achieved, first and foremost through their involvement in solving their own problems. There are numerous examples of communities contributing extensively to satisfaction of their own social, educational and environmental needs, including water needs. Such activities should be encouraged both legislatively and by all stakeholders of the development process.

2.2 THE WATER SECTOR OF KAZAKHSTAN 2.2.1 Historic Development The historic development of the water sector in Kazakhstan is closely linked with the agriculture and irrigation farming policy executed in the former Soviet Union times. Many of the irrigation canals built at that time (up to hundred years ago) still exist to some extent. But from the last quarter of the 19th century onwards, irrigation and agriculture did not play any more an important role in the economic development of the country. Irrigated farming was affected by instable water supply. At the beginning of irrigated farming in the southern provinces of Kazakhstan, systems were based on simple facilities. Irrigation canals were mostly built by the local population in a primitive way and without any designs. This was the type of irrigation systems that existed during freewill annexation of Kazakhstan to Russia, which was by the middle of ХIХ century. In spite of the czarist governments interest in irrigation in this region due to expansion of sowing of cotton, which the textile industry acutely needed, the government paid less attention to construction of irrigation network and improvement of water intakes. Perhaps, only one issue performed by the Division of Melioration of the Farming Ministry of Russia may be mentioned, which results have had a positive effect on melioration development in Kazakhstan after the October Revolution. That was research works for designing irrigation systems in the river basins of , Ili, rivers etc, starting in 1914 by Central Asia expeditions. The expedition by technical means was well-equipped, the research works were carried out by applying the complete complex knowledge on water and land resources, required for correct design of an irrigation project. Although the projects designed on the basis of this material were not realised, the manifold research material collected served for some time as the guideline for Soviet designers, who during the first years after revolution did not have any technical regulatory material. The imperialistic war in 1914 and the October Revolution with foreign military intervention led to decline of economics, including irrigation farming. In 1921

35 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report catastrophic floods on the rivers of Alatay piedmont – Syrdarya, , Buguni, Talasu, etc – damaged the irrigation facilities of the state for years. During rehabilitation of the economy, the Soviet government had immediately taken measures on further development of the water sector, the main goal of which was to expand cotton cropping in order for the textile industry not to depend on import of cotton. For governance of design and construction of water facilities, it was necessary to create a special organization– Kazvodhoz (Water resources of Kazakhstan). The main increase of irrigated lands in that period was achieved by reclaiming previously existent irrigation systems. In the years of the Great Patriotic War, construction of large irrigation systems was suspended. Only in 1950-1965 their big construction began again on a large scale. The main attention of water authorities was focused on construction of important irrigation systems, flooding systems and water supply. A new phase in development of Kazakhstans economy started in 1965. During 1966-1975, capital investments in amelioration facilities exceeded 3 billion Roubles and increased in comparison almost 6 times. During that time a wide network of irrigation and flooding systems and canals, water reservoirs, dams and waterworks was constructed. In those years, large canals and water pipelines were widely conducted. The 458 km long Irtysh-Karaganda canal was put into operation with a flow capacity of 75 m³/s, as well as the first stage of the 25 km long Nura-Ishim canal, for water supply of Celinograd and irrigation of suburban lands. Group water supply systems were constructed in Chimkent province – Darbazin with a lengths of 162 km, providing water to 21 localities, in Semipalatinsk - Belagach (of the same capacity) and in Ural province – Furmanov. Those figures show that in the period of socialism build-up, irrigation farming and pasture flooding was developed in Kazakhstan and construction and design of water facilities improved. A strong water sector was created and supplied with appropriate infrastructure, the irrigated lands were 2.3 million ha. Using 4% of all area, irrigated lands produced more than 20% of all crops produced in the republic. Due to melioration, production of cotton, rice, grain, corn, vegetables and potato was strongly increased. Many sovkhozes and kolkhozes had crop yields of 50-60 centners of wheat and more than 100 centners of corn and rice per irrigated ha. Irrigation facilities comprised 54 group water canals, more than 200 water reservoirs with the capacity 48.0 cubic km were in operation, there were 340 hydro structures on water sources, water enterprises, special industrial enterprises, maintenance and supply units, enterprises of automation and metrology, design and scientific and educational institutions existed. All those large scale activities allowed increasing the national product and also the products of irrigation farming. The back side of the medal was degradation of soils, worsening of water quality and the Aral Sea extinction. In retrospect it is necessary to say that the large-scale water development and increase of irrigation without taking into account ecological aspects is not sustainable and should have been accomplished in some other way. The orientation towards “omnipotence of a soviet person conquering nature» should have taken into consideration the limited capacity of nature as an indispensable criteria of any large-scale development. It should be emphasized that having the intention, common understanding and appropriate financing it should be possible

36 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report to develop irrigation in quite a different way by taking into consideration the ecological and social requirements. But, it is evident that the whole world was infected by that illness: not only the former USSR was not able to prevent the Aral drying-out, but also USA and Australia did not cope with their “small Arals”. Thus, Kazakhstan inherited from the command-administrative system the developed water infrastructure and its shortcomings.

2.2.2 Water Resources а) Surface Water Resources Water resources are one of the main factors for Kazakhstan and the other countries of Central Asia determining their level of socio-economic development. Surface water resources are extremely unevenly distributed within the territory of Kazakhstan and are marked by significant perennial and seasonal dynamics. Major river discharge occurs in spring due to regional climatic conditions . According to the Water Code of the Republic of Kazakhstan, the state water "fund" comprises of various water bodies and includes "hidden" water resources (surface, ground and return waters) within the territory of the country and are therefore subject to inclusion in the state water inventory. The reserve of surface water resources of the country is in average equal to 539 km3 including: 190 km3 in lakes; 100.5 km3 in rivers; 95.5 km3 in reservoirs; 95 km3 in glaciers; and 58 km3 in groundwater (see Fig. 2-2).

Fig. 2.2: Water Reserves of the Republic of Kazakhstan (Total 539 km3)

Reservoirs 95,5 Lakes 190 Ground Water 58

Rivers 100,5 Glaciers 95

Within the territory of Kazakhstan are three large natural water bodies: the Aral and Caspian Seas and Balkhash lake, plus about 39 thousand rivers and temporary currents, more than 48 thousand lakes, and 200 large water reservoirs. The major river basins of the country are: rivers Irtysh, Ily, Syrdaria, Ishim, Tobol, Ural, Torgay and Shu. Because of an uneven spatial distribution of rivers, the density of river network in the North of the country ranges between 0.03-0.05 km/km2, and in the regions of Altay, Dzhungar and Zailiyskiy Alatau between 0.4-1.8 km/km2. Rivers in the plains of Kazakhstan are insufficiently recharged by rainfall and are generally fed by water originating from the snow melt in spring. Moreover, there are many temporary rivers which discharge occurs only during the very

37 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report short spring flood period. In mountainous regions the main source of water flow is melt water of mountain snow and glaciers and also summer and autumn rains. Typically, summer and autumn are the periods of low water flows which continues into winter. Only at rivers of some regions the duration of low flows ends earlier due to autumn floods. Rivers with permanent underground inflow dry up only during very low-flow years. There are numerous lakes in Kazakhstan . A total of 48,262 lakes have a surface area larger than 1 hectare, excluding the Caspian and Aral Seas, ponds and reservoirs. The total surface area of all lakes equal some 45,000 km2. The number of small lakes (less than 1 km2) accounts for 94% of these lakes but only 10% of the total area. There are 3,014 large lakes (more than 1 km2) with a total surface area of 40,800 km2, including 21 lakes over 100 km2 with a total surface area equal to 26,900 km2, or 59 % of the total. The lakes are unevenly distributed across the country: 45 % of all Kazakhstan's lakes are located in the north, 36 % in Central and Southern Kazakhstan, and 19 % in other regions. The territory of Kazakhstan is dominated by vast desert plains and high mountain ranges to the east of the plains creating particularities in the normal water cycle where glaciers play an important role, being the only reservoirs of fresh water. The majority of Kazakhstan's glaciers are located in the south and east part of the country in and around the mountains of Tien Shan range (Talasskiy, Kirgizskiy, Zailiyskiy, Kungey and Terskey Alatau) - the Dzhungar Alatau and the Kazakhstani Alatay ranges at more than 4,000 meters above sea level. There are 2,720 glaciers in Kazakhstan, with a total ice area of 2,000 km2. The glaciers contain 95 km3 of water, which is almost equal to the annual flow of all rivers in the country. Solar radiation is the main source of warming conditions of this continental mountain climate and has a decisive influence on ice distribution. The glacial melt period lasts 2 to 2.5 months and occurs during late spring-early summer when agriculture needs the maximum amount of water. Over the next decade, the process of decreasing glacier area and volume, resulting from increasing human environmental impact and global warming, will intensify in Kazakhstan. Indeed, the complete disappearance of Kazakhstan's glaciers is possible if average annual temperatures rise by 2-3°C. This would lead to detrimental changes in economic activities related to the hydrologic regime of mountain rivers as well as to a rapid and significant increase in the risk of flooding. Reservoirs affect the natural flow of Kazakhstan's rivers. There are more than 200 large man-made reservoirs in the country, with a total storage capacity 95.5 km3 (not counting ponds, small reservoirs and seasonally regulated reservoirs), built and used for the accumulation, regulation and balancing of natural river flows in the country. The total influence of all regulating reservoirs allows redistribution of the annual flow of Kazakhstan's rivers. Up to 16 km3 could be stored during wet years to be released in subsequent dry years. The biggest reservoirs are Buhtarminskoe (on the Irtysh river), Kapshagayskoe (on the IN river), Shardarinskoe (on the river), Verhne-Tobolskoe and Karatomarskoe (on the Tobol river), and Vyacheslavskoe and Sergeevskoe (on the Ishim river). These reservoirs are used in eastern and southern regions of the country for agricultural needs; and in central, northern, western regions for drinking and industrial needs. Buhtarminskoe and Shulbinskoe reservoirs on the Irtysh river, Kapshagayskoe on the IN river and Shardaryinskoe on the Syr Darya, are all connected to hydroelectric power stations to generate electricity as well.

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b) Ground Water Kazakhstan has significant groundwater reserves, which are the least liable to become polluted. However, extremely uneven distribution throughout the territory and variable quality prevents some groundwater sources from being exploited for economic activity. Total estimated and annually renewable reserves of groundwater amount to 58 km3 per year with 16.04 km3 of reserves being approved on January 1st, 2002. Significant resources of groundwater (about 50 %) are concentrated in Almaty, Zhambyl, South-Kazakhstan and Kyzylorda regions, up to 20 % within the four regions of Western Kazakhstan, and more than 30 % in Central, Northern and Southern Kazakhstan. Atyrau, North-Kazakhstan, Manghistau and Akmola oblasts have the most limited resources of fresh groundwater. There are 45 mineral water fields being explored in Kazakhstan, which can be classified into 5 groups by their chemical components, medical significance and balneological characteristics: iodine-bromine (5 fields), silica (4), radon (7), iron (2) and without specific components (27). In addition, 251 sites for potential development of mineral waters have been found, including iodine-bromine (68), silica (68), radon (27), radon-siliceous (1), hydrogen sulfide (1), iron (7), arsenic(1), without specific components and characteristics (132). There are many lakes, including those drying up, in Kazakhstan with many of them containing therapeutical soils.

c) Water Reuse Water for reuse is an additional source of water. Such reusable water can be found in collectors and drains as well as wastewater from irrigation, industry, public and household are defined as additional resources for usage. The volume of these resources tends to increase by 3-5 % each year taking into account increasing water usage. In future, depending on reconstruction of water treatment systems, introduction of full recycling and water saving technologies, the amount of reusable water is likely to increase. The volume of reusable water in the Republic is equal to 9 km3/year, but only 2 km3 are commonly returned to water sources, while the remainder is often used for watering pastures and supporting ecosystems, and thus primarily lost to evaporation. The distribution of reusable water with regard to major river basins is as follows: Syr Darya (47%) and Irtysh (34%) with the rest of the volume in the Ili and Nura rivers (19%). d) Water Availability Kazakhstan is in last place among CIS countries in terms of water availability. Specific water availability of the territory is equal to 37,000 m3 per 1 km2 or 6,600 m3 per capita per year. The average amount of water flow over multiple years of Kazakhstan's rivers (common surface water resources) is equal to 100.5 km3, of which 56.5 km3 is formed within the territory of the country and 44.0 km3 comes from neighbouring countries including China (18.9 km3); Uzbekistan (14.6km3); Russia (7.5 km3); Kyrgyzstan (3.0 km3). The majority of Kazakhstan's rivers are formed outside the country, leading to a significant dependence on neighboring countries. The headwaters of such rivers as the Ili and Irtysh are located in China; the Shu and Talas in Kyrgyzstan; the Ural in the Russian Federation, while the main flow forming part of the Syr Darya is located in Uzbekistan and Kyrgyzstan.

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As noted, surface waters are distributed very unevenly. In addition, there are significant fluctuations both between years and during the year. The demand for water in some places may exceed local resources in the near future. According to Kazakhstan's climatic conditions, 90 % of runoff occurs in spring, exceeding the storage capacity of reservoirs. As for Eastern Kazakhstan, 35 % of country's water resources are contained in the Irtysh basin, which is the only basin of the eight that does not have a deficit. Central Kazakhstan, with its rich natural resources, has only 3 % of the country's total water resources. Other regions have a significant deficit in water - Atyrau, Kyzylorda, western regions and in particular Manghistau region, where fresh water practically does not exist. Comparison of river discharge measurement collected by the State Hydrology Institute in the early 1980s with recent data collected by the Committee for Water Resources of the Ministry of Agriculture confirms that the average annual discharge has decreased by 25.3 km³/year over 20 years. This is due to a decrease in the receipt of transboundary waters from neighbouring countries and also due to various economic activities in river valleys, both on the territory of Kazakhstan and its neighbours. The total annual amount of available water resources, i.e. resources that can be used in the economy, is no more than 43 km³, because significant volumes of water (57.5 km³) are used for environment, fishing, transportation and energy needs, filtering and other types of losses. The available water resources decrease further in medium-dry and dry years to 32 km³ and 25 km³, respectively. Available water resources range from 25 to 43 km³ because of yearly variations. Comparison of water resources in different years with the needs of the economy shows a water deficit, both for the country as a whole and for some regions. The deficit of water resources in dry years - assuming 1989 levels of water usage - may exceed 7 km³. In dry years, the overall level of water supply is equal to 60 % of normal, but in some regions (for example, Central Kazakhstan) dry years bring only 5-10 % the normal flow. This deficit mostly affects irrigated agriculture. Industrial enterprises on the other hand are hardly affected by such water deficits: they tend to be located near rivers and reservoirs, using water without limits and discharging polluted water. Water resource deficits, aggravated by irrational use and pollution, lead to environmental degradation, drying up lakes and river systems and increasing morbidity of the population. The productivity of agricultural land and opportunities for further agricultural development in southern regions of the country are limited by water resource deficits. In some regions of the country the water resource deficit reduces the potential for developing extractive industries. The imbalance between the supply and demand for water restricts the effective resolution of socio-economic problems, slows normalization of environmental condition in and around the Aral Sea and Balkhash lake basin, and creates difficulties in interstate relationships, especially in dry years. Annual water consumption by different sectors of the economy fluctuated between 20 and 29 km³ during 1995-2004 due to natural and climatic conditions and organizational structure changes. While 85 % of the general water supply to the economy comes from surface water resources, the rest is provided from groundwater and wastewater. Intensive and irrational development of irrigated agriculture in arid regions has led to water deficit in the basins of many small and large rivers. Due to the fact that water resources of the Balkhash-Alakol basin are used mostly for irrigated agriculture, maintaining current volumes of water for

40 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report agricultural consumption has the potential to cause a trend similar to the Aral Sea. Since 1990, there was an upward tendency in the volumes of water usage from "natural" sources, with a simultaneous decrease in resources directed to agricultural, industrial and drinking water consumption, even though during recent years such consumption is on the rise again. Decreasing water consumption is typical for all regions of the country, especially in southern regions because of reduced areas under cultivation, liquidation of different kinds of services in the water sector and rises in the price for public utilities.

2.2.3 Problems in the Water Sector

2.2.3.1 Problems of Water Resource Deficit

As noted, Kazakhstan is last among the CIS countries in terms of available water resources. As noted, surface waters are distributed very unevenly and there are significant fluctuations both between years and during the year. According to Kazakhstan's climatic conditions, runoff almost as a whole occurs in spring. At the same time, discharge of most large rivers is formed outside of the country and it causes a significant dependence on neighbouring countries. Kazakhstan has got important reserves of ground water least subject to the pollution, however their uneven distribution on the territory and their different quality do not allow to use them in the economy. The total annual amount of available water resources that can be used in the economy, is no more than 43 km³ because significant volumes of water (57.5 km³) are needed for the environment, fishing, transportation and energy needs, including filtration and other types of losses. The available water resources decrease further in medium-dry and dry years to 32 km³ and 25 km³, respectively. Comparison of water resources in different years with the needs of the economy shows a water deficit, both for the country as a whole and for some regions. But it is necessary to mention that water deficit problems in Kazakhstan would not be so vital, if appropriate management of resources and use existed in the country. This fact is very important not only to date but in the future, taking into consideration the dynamic development of Kazakhstan´s economy, associated with increasing water demand. The OECD has developed criteria, to determine the water stress in a country. The renewable surface water resources of Kazakhstan (100.5 km³) divided by the population (15.15 million) results in resources of 6,600 m³ per capita and year. However, only 56.5 km³ are internal resources, corresponding to 3700 m³ per capita and year. Water abstractions have been around 23 km³ in the past years in Kazakhstan which corresponds to 1,500 m³ per capita and year. By international comparison, this is a high value. This annual abstraction equals 23% of the available total resources and 41% of the internal resources. By OECD criteria, Kazakhstan falls in the category of “medium-high” water stress considering total resources and in the category “high” water stress for internal resources. Fig. 2-3 shows a list of countries with their status of water use and water stress.

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Fig. 2-3: Intensity of Water Resources Use and Water Stress in Different Countries

2.2.3.2 Problems of Water Sector Management

Chapter 3 elaborates in detail on the current system of water sector management, problems of the sector and also suggestions for improvement. Consequently only key issues are listed here : • Fragmented management of the water sector; • Low status and insufficient staff of the authorized body (CWR) being responsible for management of the water sector; • Insufficient financing of the water sector.

Fragmentation of Responsibilities The problem emerges that currently water management responsibilities are spread between several Ministries and institutions. The result is a lack of coordination in water resources control, in construction and operation of water bodies and also finally no organization is sufficiently responsible and empowered to oversee water sector management. The authorized body managing the use and protection of water resources on national level is the CWR with its BWOs integrated into the Ministry of Agriculture. At the same time CWR coordinates the management of ground water with the Committee for Geology and Mineral Resources Use, integrated into another Ministry – Ministry of Energy and Mineral Resources. Other state bodies protecting the environment, mineral resources, fish resources, flora and fauna, the bodies exercising hydrometeorological control and

42 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report forecasting, sanitary and veterinary control, all these bodies are responsible within their competences for water resources use and protection. Despite recent reorganizations, too many decision making institutions still exist in the field of water resources control. The current system of water resources control does not allow in many cases for peculiarities of the resources, like their spatial interference, having no local limits and seasonal fluctuations of the flows. The ignorance of these particular features causes that the upstream users of all rivers basins infringe upon the interests of the downstream users. As a result, the downstream users have insufficient quantity of water and as a rule the water is of poor quality. As a whole, the existing organizational structure of water sector management does not yet solve the problems of water sources protection, of rational use and conservation of water resources. The presence of many decision makers in the field of water resources control hinders the efficient use of the resources. The country requires the implementation of a consistent policy of sustainable water use. To implement these tasks it is necessary to have an appropriate institutional water management structure corresponding to each level of management.

Low Status and Insufficient Staff of CWR In accordance with the Water Code, CWR is responsible for the implementation of the water policy, but was subjected to several structural reorganizations in the past 15 years and its staff was cut significantly. The CWR is integrated into the Ministry of Agriculture (MoA): on the one hand this fact creates a conflict of interest (whereby one water user – the MoA – is also the manager of all other water users – environment protection, industry, water transports, energy sector, municipal economy etc.), and on the other hand participation of the Ministry of Agriculture in resolving water related problems remains inadequate (the MOA considers the CWR a body of secondary importance because the MOAs pre-occupation is the development of agriculture). The low status of the CWR and its integration into some ministry (a few years ago it was integrated into the Ministry of Nature Resources and Environment Protection) does not permit full implementation of the functions assigned to it, including international responsibilities (transboundary issues) specified in fundamental regulations like the Water Code and the «Concept of Water Economy and Policy Development of the RK». Following repeated reorganizations, the staff of CWR Headquarters is cut to 34 people and BWOs staff became half. The small number of professionals are not capable to execute the assigned tasks. However, the number of issues and the complexity of tasks related to the water sector management increased last years and they will be even greater due to accelerated development of the country. At present the water sector grows minimal with respect to staff, design capacity and researches. At the same time the training and education of a qualified design engineer takes 15-20 years. Research in the field of water supply and sanitation has almost stopped. Actually there is no any research institute for public water supply and drainage and on the Republican level there is no authorized body regulating water supply and sanitation. No institution determines the priority of scientific projects for

43 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report solving existing problems. No researches are done in the field of rational use of water resources.

Insufficient Financing of the Water Sector The insufficient financing of the water sector in the nineties negatively affects the general conditions of the sector and sector management. Apart from inadequate staffing, design and research capacities, insufficient financing of the sector caused the crisis of many hydro-engineering, water supply and drainage systems. Most enterprises in the sector have been operating for many years under conditions of emergency. As fixed assets of Vodokanals have greatly depreciated because of long-term use and too late renovation caused by permanent lack of financing. Inadequate technical conditions of water supply and sanitation systems resulted in increasing water losses being sometimes more than 50% of production. It causes the interruption of irrigation and water supply, over-consumption of electricity and environmental pollution. The problems of drinking water supply exist in practically all oblasts and towns of the country, including Astana city. Water supply networks which are depreciated to 80% with increasing tendency are unsatisfactory. This causes often damages resulting in secondary pollution of water. More than 30% of water is lost because leaking networks, corrosion and depreciation of water pipelines. Existing water supply systems are often not able to provide an uninterrupted water supply due to their physical deterioration and due to outdated treatment technology. Most treatment plants and water supply networks and drainage systems have not been rehabilitated or serviced for 20-30, more than two thirds of networks require an overhaul or full replacement. 10 of 58 existing urban wastewater treatment works have unsatisfactory technical conditions. 13 collector systems have no wastewater treatment plants and consequently discharge wastewater without treatment. At the same time, the situation is a bad regarding the operation of treatment facilities because many of them have reached the end of their technical life span and require rehabilitation. Many towns have no sewerage treatment plants and the existing treatment facilities are overloaded 1.5–2 times. Significant amounts of wastewaters of industrial enterprises are directly discharged to urban treatment plants without pre-treatment which are not designed for treatment of such wastewater. Many towns have no storm water sewerage with a complex of treatment facilities. Consequently a large volume of polluted flows enters the water bodies. The cause of all above problems is lack of financing for sound operation and maintenance of the systems and the fact that no organization at national Government level is controlling the standards. Financing needs to be provided for this and there are only two possible sources (a) either the consumer pays for the water services, or the services are subsidised by some Government agency. International experience shows that practically all countries provide subsidies to their water infrastructure in some form. But the criteria are that generally “the user/ polluter pays principle” is applied and if subsidies need to be given, because water service cost exceed the socially affordable limits, then they need to be transparent and formally agreed.

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3 WATER RESOURCES MANAGEMENT IN KAZAKHSTAN

3.1 ORGANIZATIONS IN CHARGE 3.1.1 Legal Background On 21 January 2002 the «Concept of Water Economy and Policy Development of the RK» was adopted in order to implement the decree of the President “On Subsequent Measures for Implementation of the Strategy for the Development of Kazakhstan till 2030”. The objective of the Concept is to determine the main ways to solve issues of protection and rational use of water resources for the health and prosperity of Kazakhstan citizens, for the guarantee of equilibrium between the needs of social and economy development and the possibility to reproduce water resources on the level of water quality standards – sustainable water use. The Concept is the basis to improve the legislation, to develop clear programs and measures for development of the water sector and the water policy of the country.

3.1.2 Basic principles of public administration regarding use and protection of water resources (Article 34, Water Code of RK) - State regulation and control over use and protection of water resources (see Fig. 3-1); - Sustainable water use as a combination of careful, rational and complex use and protection of water resources; - Creation of optimal conditions for water use, preservation of environmental sustainability and sanitary-epidemiological safety for population; - Basin administration; - Sharing of tasks of state control and administration for use and protection of the water fund, and tasks of economic use of water resources.

Main tasks of the State water policy - Development of the State Program of rational use and protection of water resources in the context of large river basins; - Development of regional programs of local executive bodies, the State Target Program for water economy; - General introduction of water economy technologies, circulating and closed water systems; - Implementation of measures for reduction of specific water consumption per production unit in the industry and agriculture;

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- Reduction of operational water losses in the field of water use, equipping water systems with modern water metering and regulation devices. It is proposed to improve the economic mechanism for water resources use by differentiating the existing water tariffs, creating the conditions for optimization of water supply service pricing, taking into account the phased transfer of water bodies, maintenance expenditures till full cost recovery. In order to balance the level of water supply in regions in correspondence with Republican average level, it is primarily proposed to table measures for providing the population with quality potable water in the economically poor regions and also in the regions where the water does not correspond to the state “Drinking Water” standards. Fig. 3-1: Layout of State regulation and control for use and protection of water resources.

Government of the Republic of Kazakhstan

Committee for Water Committee for Water Committee for Resources of MoA RK Resources of MoA Veterinary Water Resources Control MoA RK S Veterinary Control A Basin Water T Ministry of Environment Organizations (BWO) Protection of RK A Environment Control D Authorized body T Phyto-Sanitary M Control Water bodies and Committee for Geology I facilities of republican E and nature management importance MEMR N Ground Water Use Control Akims of oblasts, C regions, towns, rural I okrugs Akims of oblasts, O Territorial control S regions (towns) Authorized body for N industrial security T Industrial Safety Control R Water bodies and T facilities of local R A importance (municipal) Committee for Sanitary- O Epidemiological Control of T MoH RK L Sanitary-Epidemiological I Cooperatives and Control associations of water O users, private water N facilities owners

To improve the water sector administration it is proposed to reform (decentralising, restructuring) the structure of water sector taking into consideration the delimitation of economic functions and state administration and control (see Fig. 3-2).

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3.1.3 Main tasks of public administration regarding use and protection of water resources in accordance with the existing legislation (Article 35, Water Code of RK): - Analysis and assessment of water supply for economic sectors, identification of defects and definition of measures to eliminate the defects; - Assessment of the available water resources, quality of the resources and availability of rights for use of the resources; - Development of the main lines for improvement of the technologies of water consumption, water drainage and protection; - Forecasting and arrangements for measures aimed at increase of the volumes of available water resources and rational redistribution thereof to cover the water deficit; - Establishment of the water use structure with distribution of water resources by the priority to satisfy needs for water depending on a year water content; - Limitation of water use and discharge of return flow on the basis of scientifically proved standards; - Planning and observance of environmental requirements and restrictions; - Control over qualitative and quantitative conditions of water bodies and regime for water use; - Efficient administration with regard to state-owned water bodies and facilities; - Development of the market of water services; - Joint administration in regard to use and protection of transboundary water with the bordering countries.

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Fig. 3-2. Layout of administration and regulation of water relations in the Republic of Kazakhstan

President of RK Parliament of RK Maslikhats of oblasts (towns of republican importance, the Maslikhats Government of RK capital) of regions

Ministry of Agriculture Akims of oblasts B (towns of republican Akims of A importance, the regions/ capital) towns Committee for Water S Resources I Department for nature N resources and regulation GI RGP BWO of nature management 4 26 8 GKP B Regional Division of water water Concerned O resources use and system representatives of A protection regulation departments other state bodies (gorvodo R kanals) Oblasts GKP D S NGO Water users/water consumers

Legend: BWO Basin Water Organization RGP Republican Public Enterprise NGO Non-governmental Organization GI Government Institutions for monitoring and evaluation of irrigated lands

3.1.4 Responsibilities of the Government regarding use and protection of water resources (Article 36, Water Code of RK):

1) Develop the main lines of state policies in regard to use and protection of water resources; 2) Establish administration for state-owned water facilities; 3) Determine procedures for maintenance of the state stock-taking for water reserves and their use, state water cadastre and state monitoring of water bodies; 4) Approve the list of group water supply systems of special importance which are regarded as drinking water supply sources with no alternative solutions; 5) Approve regulations for establishment of water protection belts and areas;

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6) Determine procedures for development and approval of master plans and basin plans for complex use and protection of water resources and water balances; 7) Determine procedures for lease and asset management of water facilities; 8) Determine procedures for approval, allocation and start-up of enterprises and facilities that affect water conditions and conditions for construction activities and other activities on water bodies and in water protection belts and areas; 9) Approve rules for regulation of water relations between oblasts; 10) Co-operate with foreign states and international organizations with regard to issues of use and protection of transboundary water as established by the legislation of the Republic of Kazakhstan.

3.1.5 Responsibility of the authorized body (CWR of MoA) regarding use and protection of water resources (Article 37, Water Code of RK) The authorized body for use and protection of water resources shall:

1) Participate in development and implementation of state policies with regard to use and protection of water resources; 2) Develop programs for development of the water sector of the economy; 3) Develop plans of complex use and protection of water resources of the basins of the main rivers and other water bodies throughout the country; 4) Approve specific water consumption rates for economic sectors; 5) Approve standard regulations for general water use; 6) Issue and suspend licenses and permits for activities with regard to special water use as established by the legislation of the Republic of Kazakhstan; 7) Approve water use limits in the context of basins and water users; 8) Develop procedures of financial backing for water supply service for agricultural manufacturers and supply of water from the group water supply systems of special importance which are regarded as alternativeless drinking water supply sources; 9) Exercise the state control on the field of water resources use and protection; 10) Exercise the public record of water resources, use thereof and state monitoring of water bodies, and maintain the state water cadastre; 11) Create a database of the above water bodies and ensure access thereto for any concerned parties; 12) Approve the regime for use of state-owned water bodies and drinking water sources, and regulations for operation of water facilities located on the water bodies; 13) Arrange for design and research efforts with regard to use and protection of water resources;

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14) Participate in the acceptance of water facilities for operation, approve designs of water facilities and plans for construction, dredging and the activities that influence conditions of water bodies; 15) Arrange for operation of state-owned water bodies and facilities; 16) Try cases of administrative infractions with regard to the water legislation of the Republic of Kazakhstan; 17) Develop and implement water industry investment projects; 18) Participate in development of priority lines of interstate cooperation with regard to use and protection of water resources; 19) Cooperate with bordering countries with regard to issues of regulation of water relations, rational use and protection of transboundary water as established by the legislation of the Republic of Kazakhstan; 20) Develop regulations for establishment of water protection belts and zones; 21) Develop water economic balances; 22) Arrange the monitoring and evaluation of irrigated lands conditions by special authorized institutions.

3.1.6 Responsibilities of Basin Water Departments regarding use and protection of water resources (Article 40, Water Code of RK) BWOs (Basin Water Organisations) shall be territorial departments of the authorized body for use and protection of the water fund that have regional territorial subdivisions with their main task to exercise state administration for use and protection of the water fund on the territory of a relevant basin. 1) Complex administration of the water resources of a hydrographical basin on the basis of the basin principles; 2) Coordination of the activities of the subjects of water relations on use of water resources to achieve a positive economic effect, and reasonable, equitable and ecologically sustainable water use; 3) Development and implementation of basin agreements on rehabilitation and protection of water bodies on the basis of long-term plans and development programs for the relevant basin; 4) Implementation of the state control over use and protection of the water fund and observance of the water legislation of the Republic of Kazakhstan by natural and legal persons; 5) Maintenance of state record and water cadastre, and state monitoring of water bodies by basins jointly with the central executive body for environment protection and authorized body for use and protection of subsoil resources; 6) Issue and suspension of licenses and permits for all types of special water use as established by the legislation of the Republic of Kazakhstan; 7) Approval of conclusions of concerned state authorities: ƒ Plans of local executive bodies for rational use of water bodies of the relevant basin;

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ƒ Suggestions on determination of sites for construction of enterprises and other facilities that affect water conditions; ƒ Projects of construction and reconstruction of enterprises and other facilities that affect water conditions; ƒ Documents on construction, dredging and blasting operations for extraction of minerals, yield of water plants, cable laying, construction of pipelines and other communications, forest felling, drilling operations, agricultural and other operations on water bodies, water protection belts and zones; ƒ Plans of activities of water users for preservation and improvement of conditions of water bodies; 8) Participation in the work of state commissions for acceptance of industrial, agricultural and housing structures that affect water conditions as well as works for liquidation of consequences from natural and man-caused emergencies; 9) Determination of water using limits in the context of water users and for corresponding river basin 10) Participation in confirmation of subsurface water reserves; 11) Control over the operation regime of water reservoirs for joint use, major water reservoirs of intersectoral, inter-oblast and interstate importance; 12) Development of plans for water intake and apportioning by water bodies of inter-oblast, inter-regional and interstate importance and control over observance of the plans; 13) Approval of the scheme of complex use and protection of the water of a relevant basin, regulations for operation of water bodies and facilities; 14) Participation in development of water balances for the relevant basin; 15) Approval of suggestions on allocation of water bodies for isolated and joint use and conditions of water use for the above water bodies; 16) Presentation of demands to discontinue financing, designing and construction of water facilities and other structures that affect water conditions, implemented with violation of established standards and norms for use and protection of water resources as established by the legislation of the Republic of Kazakhstan; 17) Submission of materials on violations of the water legislation of the Republic of Kazakhstan to the law machinery and courts to bring the guilty persons to responsibility as established by the legislation of the Republic of Kazakhstan; 18) Filing claims for recovery of damages caused to the state in case of violations of the legislation of the Republic of Kazakhstan; 19) Dissemination of information on implemented activities for the rational use and protection of the water fund and measures taken to improve water conditions and quality to population; 20) Interaction with local executive bodies of oblasts (towns of republican importance, the capital) and other concerned state agencies with regard to use and protection of water resources;

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21) Exercise population education in the field of rational use and protection of water resources.

3.1.7 Local representative (maslikhats) and executive (akimats) bodies administration of water issues The local representative (maslikhats) and executive (akimats) bodies of oblasts (towns of republican importance, the capital) exercise the administration of water relations on the regional level within their terms of reference. MASLIKHATS (Article 38, Water Code of RK): 1) Establish regulations for general water use subject to the specificity of regional conditions on the basis of standard regulations approved by the authorized body for use and protection of water resources; 2) Approve regional programs for rational use and protection of water bodies and exercise control over implementation of the above programs; 3) Establish procedures with regard to allocation for use and withdrawal of water facilities that are communal property; 4) Approve payment rates of the use of water resources from surface water sources; AKIMATS: 1) Administrate water facilities that are a communal property and implement measures for protection the water facilities; 2) Establish water protection zones and sanitary control belts and zones for drinking water supply sources with approval of water basin authorities and authorized body for sanitary and epidemiological safety of population; 3) Make water bodies available for isolated or joint use with approval of the authorized body for use and protection of the water fund; 4) Participate in the activities of basin authorities and in the basin agreement; 5) Develop regional programs for rational use and protection of water bodies and ensure funding and implementation of the programs; 6) Implement the Basin programs for rational use and protection of water bodies; 7) Approve allocation and start-up of enterprises and other facilities that affect water conditions, and conditions for construction, dredging and other activities on water bodies, water protection belts and zones; 8) Inform population on conditions of water bodies in relevant areas; 9) Develop payment rates for the use of water resources from surface water sources.

3.1.8 Basin Council and Basin Agreement A Basin Council as consulting and advisory body shall be created in each basin. The Basin Council considers key issues for the use and protection of water resources and submits proposals and recommendations to the BWO. In

52 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report accordance with the Water Code the Basin Council consists of leaders of local and executive bodies of oblasts (towns of republican importance, the capital), leaders of territorial state bodies, representatives of water users and public associations. The process of forming the Basin Council and their further effective activities (both of them are directly controlled and guided by the CWR) are a very difficult tasks demanding to solve many problems (administrative, technical, financial, legal and other). River basin master plans for reconstruction and protection of water bodies are prepared on the basis of water demand balances, schemes of complex use and protection of water bodies, scientific and design material, forecasts and other programs and shall be formally accepted as basin agreements between the BWO and the Basin Council with local executive bodies (oblasts, towns of republican importance, the capital) and other institutions within the river basin area, with the purpose to join and coordinate their activities and also to organise its implementation.

3.1.9 Levels of Water Body Administration Since 1998 the Government of the Republic of Kazakhstan implements an institutional reorganization of the water sector aimed at a clear delimitation of responsibilities on the national and local levels. Following the reforms the multilevel system of water complex administration was formed. It consists of intergovernmental, national basin and territorial levels. Those levels are interactive and realize the following tasks: On the international level the cooperation of joint use and protection of transboundary water resources is achieved. On this level, taking into account the international practice, the issues of water resources management, reduction or prevention of negative impact, prevention of water losses in upper and closing basin stations, cooperation in the field of protection of water quality should be considered. On the national basin level of management the projects of national or regional importance are implemented. The examples of arrangements of this level are: building of dams, reservoirs, centralized ground water abstraction, pump plants, regulation of flow and regimes of large reservoirs, identification of alternative sources of fresh water and also the maximum reduction of losses in water supply and distribution systems. On local level of management the operation and maintenance of all state-owned water networks and facilities is realized. On this level there are the cooperation and control for water bodies being in the property of cooperatives and associations of water users or individuals with the purpose to guarantee the safety and efficiency of the facilities. The levels of administration of water bodies in RK are shown in Table 3-1.

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Table 3-1: Administration levels for water bodies in RK Administration levels Water bodies International level Transboundary water bodies

National level All water bodies of national importance which are specified in the list of state-owned water facilities by Government regulation. Such include: hydro-technical facilities on water bodies like dams, reservoirs and water intakes as well as main canals, drinking water supply systems and collectors of international, inter-oblast or inter-basin extent.

Basin level Water bodies within river basins.

Local level Water facilities under municipal or private ownership, e.g. interregional and inter-farm canals, collectors, irrigation and drainage networks including their facilities, water supply and sanitation systems of towns and rural settlements (except group pipelines).

Water user level (OVP) Farm irrigation and drainage networks including facilities and water systems of industrial enterprises.

3.2 PRINCIPLES OF WATER RESOURCES AND WATER USE MANAGEMENT The following proposed principles of modern water resources and water use management are actually to a very large extent foreseen and suggested in the water code and the «Concept of Water Economy and Policy Development of the RK».

3.2.1 Basic Principles The management of water resources as understood in Kazakhstan is the system of legal, institutional, organizational, technical and economic arrangements aimed at providing the population and economy sectors with water, reproducing the natural water and protection of its quality. The management of water resources is based on their conditions evaluation, existing water consumption and planning of measures for sustainable water use aiming first of all for the regulation of water use and the reduction of polluted water discharge into water sources. The volume of water abstracted includes the needs of the population, industrial and agricultural enterprises. Water diversion differs by water source (surface or ground water sources), demanding different standards and quality indicators for water to be consumed. Primarily ground water sources are used for drinking and domestic water supplies, and their use for industrial purposes will only be allowed in exceptional cases.

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The total volume of water abstraction is based on the design requirements for industry, land area to be irrigated, size of the population and the weighted average norms of water requirements per produced unit, land area, and capita. Weighted averages and norms are very important for planning and forecasting water abstraction, and the development of schemes for water supply (complex water use and protection). To substantiate norms it is necessary to account for reductions in water requirements due to introduction of modern, state of the art technologies in the production process, conjunctive use of water, and reuse of treated water for technical needs and irrigation. There are indications that water diversion is increasing due to irretrievable water losses. Irretrievable water losses result from its use as a technological resource in the production process and due to evaporation and filtration. The ratio between general water abstraction and irretrievable water losses allows estimation of volumes of waste water, including polluted flows to be treated. The volume of waste water is calculated as the ratio between general volume of water abstraction (water diversion from the source) and irretrievable water loss. The annual volumes of drainage water and water abstraction are planned at national level and in the context of basin and oblast, economy sectors and productions. It is necessity to group wastewater producers depending on the different content and concentration of pollutants in the wastewater. The nature of pollution predetermines the kind of waste water purification required (biological, chemical, mechanical), the technologies to be utilized and hence the amount of funding required. It is prohibited to construct and put into operation any production enterprise without adequate water treatment facilities, if the enterprise is known to discharge polluted waters.

3.2.2 Sustainability Criteria During last years the demand for sustainable development greatly influenced the formation of the present water resources management system. At present there are two definitions of “sustainable development”: in the narrow and wide sense. The narrow sense of the term is focused on the ecological component and emphasizes the optimization of activities affecting the biosphere. In the wider sense sustainable development is considered a process which determines a new type of human development based on radical changes in historically formed tendencies of human society (economic, social, environmental, cultural etc). As for the national state security, most countries, particularly those with a water resources deficit, cardinally change their attitude towards water and the role of water is increased. The global anxieties voiced during the World Water Forum (The Hague, March 2000) “about the necessity to fundamentally change the situation of water resources management, otherwise the World will face a cruel water crisis”, is fundamentally applicable to Kazakhstan.

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3.2.3 Agenda 21 Kazakhstan began developing the “National Agenda for the 21st century” which is built on the principles of sustainable development and recognizes the need and possibility to realize this in a phased transfer towards sustainable development. This should solve the social and economic issues concerning protection of safe environment and natural resources capacity in order to meet the needs of present and future generations. In the field of water resources management it is indispensable to head for best international practice having several common characteristics: - clear structure of the state regulation of water relations; - professional management; - void of political interference; - clear planning and financing; - orientation towards a consumer; - access to credit for subsidizing water arrangements; - private sector competitiveness; - central state subsidies (in the USA, Germany, France and China the main investor of national and interregional water structures is the State).

3.2.4 Proposed Water Policy Objectives

3.2.4.1 General

The water policy should guarantee the achievement of long-term objective declared by the State in the “Strategy-2030”: protection and rational use of water resources for the health and prosperity of Kazakhstan citizens. The priorities of this objective are: - to satisfy requirements for the further development of economy sectors, regions and complexes; - to realize a rational and careful use and protection of water resources; - to keep intergovernmental, inter-oblast and interregional water bodies in State ownership; - to keep the state monopoly to provide water supply services for irrigation from a water source to agricultural water users; - to provide the population with drinking water in enough quantity and good quality; - to guarantee water resources in enough quantity and appropriate quality. To implement those tasks the water policy should be based on the following:

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- water resources are to be considered as a single whole, water resources management and surface water protection should be formed in the context of basins; - water supply systems should be based on the use of modern technologies of water treatment, complex use of water resources, it should guarantee the reduction of losses at delivering to consumers; - the economic foundation of water supply should be a state property of water resources; - the basis of the sustainable development of the water sector should be the participation of water consumers (the population) in compensation of expenditures for operation and maintenance of water bodies; - compulsory payment of specific water use ; - priority of drinking water supply and ecological tolerance compared to industrial and agricultural water consumption; - priority of external loans assignment to reconstruction and rehabilitation of water systems; - fixing of limits for water consumption taking into consideration the principles of ecological flow component; - guarantee of non-separability of water bodies and irrigated lands; - water and irrigation bodies are state-owned or managed by the state organizations or water users associations (OVP) (except the cases of provisional management for the period for meeting debt liabilities with the management specified time).

3.2.4.2 Short-term objective and priorities

The priorities of water policy eventual for implementation are: - improvement of water resources and water use management systems; - strengthen of environmental aspects in the existing legislation. Main tasks: - rational and complex use of water resources; - to delimit the functions of water resources management and the functions of their economic use; it will guarantee their appropriate management and control on behalf of the State and the maintenance of national interest to water sector; - to improve the drinking water supply quality, including the intensification of ground water use; - to form the system of state technical control for safety of water facilities, particularly large-scale waterworks;

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- to develop and create a legal basis and economic mechanism appropriate to the market conditions; - to develop the system of water bodies monitoring and to raise the efficiency of the state control for water bodies use; - to implement a regional water policy based on registration of water bodies conditions and features of their use by water users.

3.2.4.3 Specific arrangements for solving water resource problems

In the field of the rational use of water resources and water provision it is necessary: - To improve current management based on basin principles and new forms of water body management; - To repeatedly evaluate the influence of all elements of social, ecological and economic systems on water resources: ecosystem approach; - To define standards for tolerating man-caused impacts on basins; - To restore and conserve water ecosystems and to guarantee a stable environment in major river basins; - To cover water demand of all type of users including ecological needs by increasing water abstraction without harmful influence on environment; - To increase available resources by implementing arrangements for the further regulation of rivers flow, intra-basin and interregional redistribution of flows and the use of ground water; - To introduce water economy technologies of water consumption; - To reduce specific water losses per product unit in the industry and agriculture; - To reduce the operational water losses in the field of water distribution and water use; - To increase the portion of recycling, closed-cycle and sequential water supply at industries; - To convert industrial water supply to process water supply; - To develop the program of rational use and protection of water resources; - To improve the equipment and technologies of irrigation, non-standard irrigation systems should be replaced by modern systems, to reconstruct water supply networks, to cope with methods of water use based on automated mechanisms and computer simulations; - To develop a target program for water economy; - To reconstruct and purify existing water reservoirs, to overhaul large-scale waterworks and facilities;

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- To equip water systems with the latest models of water meter devices, water regulation mechanisms; - To create a unified information system of water use, to provide the administrative bodies with office equipment and devices of information exchange; - To popularize the rational and careful water use. In the field of protection and maintenance of safe environment it is necessary: - To restore and preserve water ecosystems of main rivers basins; - To develop the system of water bodies monitoring and to increase the efficiency of state control of their use; - To make more ecological the economy of rivers basins; - To reduce the man-caused impact on water basin; - To form the environmental conditions for the rational water use; - To exclude waste water discharges to water sources; - To put into practice the reused water of drainage systems in their forming places; - To arrange the water protection areas on all used water sources, reservoirs and other water bodies; - On irrigated lands to purify the drained water, to exclude the penetration of melted snow water and waste water from field to water sources; - To prove the volume of nature protection and complex tolerance to rivers basins. In the field of providing the population with high quality potable water it is necessary: - To implement the sector program “Drinking water 2002-2010”. In the field of state management of the water sector it is necessary: - To separate the functions of resource management and exploitation (use); - To continue/ complete the institutional reorganization and to finish the water sector reforms; - To put water bodies and facilities and state enterprises into private ownership; - To revise the competence and functions of central executive body of the state management for use and protection of water resources to the extent of the creation of an independent central executive body; - To update the database of all water consumers; - To apply approved bankruptcy procedures to insolvent state water enterprises; - To transfer fixed and moveable assets of bankrupt enterprises to companies and private persons;

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- To put into practice the transfer of capital assets in the water sector to long-term lease holders and concessionaires; - To create a network and system of information services and marketing; - To find possibilities for insurance of water works facilities ; - To strengthen the functions and competence of Basin Water Departments (Basin Authorities) as a key institution for water management in the country; - To fix the limits and quota of water use. In the field of international cooperation for the joint use of transboundary water sources it is necessary: - To represent the interests of Kazakhstan in negotiating agreements and treaties for the use of transboundary waters; - To start concluding long-term agreements instead of the current practice to conclude agreements valid only for a single vegetation period; - To reach good results in solving transboundary water use and pollution problems, by taking into consideration during negotiations the neighbouring countries needs for Kazakhstan´s natural resources and its role in transit traffic; - To support the activity of intergovernmental bodies for regulation and management of transboundary water.

3.2.4.4 Integrated water resources management (IWRM).

Integrated water resources management (IWRM) is a term of best international practice in the field of water management based on six key principles: 1. The river basin is an appropriate unit of water management. 2. The water and land resources forming the area of river basins should be integrated, in other words their interrelationship for planning and management should be realized and practised at the same time. 3. The social, economical and ecological factors should be integrated during the planning and management of water resources. 4. Surface and ground water and also their ecosystems should be integrated during the planning and management of water resources. 5. The public participation in the decision-making relating to the water resources is indispensable. It is necessary to raise public awareness and create the public understanding of problems, as only then public participation will be of value. 6. Transparency and answerability in decision-making related to water resources are essential components of effective planning and management of water resources. Transparency is achieved by informing the population about variations in water management and the public must be permitted to react on the decisions. Answerability means that people have the right to ask questions and the respective

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authority in turn must consider and take serious such questions and claims from their clients i.e. the population.

3.2.5 Requirements for Implementation The geographical location of Kazakhstan allows accepting the principles of IWRM since according to the first principle the river basin as an administrative unit of water management exists in Kazakhstan as a Basin Water Organization (BWO). However the fundamentals of effective IWRM require that BWOs should be authorized bodies for managing all issues related to water resources within the perimeter of the river basin concerned. Presently BWOs do not have such power. Without delay, significant changes to the institutions are indispensable i.e. to increase the power of BWO and CWR, to be able to apply the other five principles of IWRM.

3.3 APPLICATION OF IWRM AS A SHOW CASE ON IRTYSH RIVER 3.3.1 Why the Irtysh River? First attempts of practising IWRM in Kazakhstan were done for the Irtysh river basin under a World Bank financed project. Another reason to select Irtysh river as a pilot project is that the Irtysh river and Zaysan lake are water bodies of national and international importance. Taking into consideration this status of the Irtysh river and the Zaysan lake the development of the region will depend on a sound management strategy. The expression « There are no large rivers without small rivers» emphasizes the territorial and basin unity of the different water bodies. To overcome the crisis of the Irtysh river and the negative tendencies of the Zaysan lake, it is necessary to eliminate the reasons which caused the natural and economic crisis of small and medium rivers in the basin. The crisis is related to the irrational use of river water resources. The interaction caused by different locations of water use, demand a comprehensive solution for all water bodies within the basin and not only for the Irtysh river and the Zaysan lake.

3.3.2 Multilevel Management Systems A multilevel water management system needs to be established.

3.3.2.1 International (intergovernmental) level

On the intergovernmental level such a system needs to focus on: - Improvement of institutional and legal mechanisms for regulation and resolution of transboundary basin issues and problems; - Transboundary management of water resources, cooperation for joint use and protection of transboundary water resources taking into account existing policies and practices; - Measures to prevent or at least decrease negative impacts caused by water;

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- Cooperation concerning the protection of water resources with and for the purpose to attract large-scale investments to the region from developed industries of the West, Asia and Middle East countries, and from international financial and economic institutes; - Participation in information exchanges with foreign countries and international organizations on research, humanitarian purposes and cultural exchanges, legal reforms, natural resources use and environment protection. The intergovernmental relations include: - exchange of information about the situation of the transboundary Irtysh river; - forecasting the impacts caused by any actions taken by neighbouring countries on the basin water bodies; - preparing agreements, treaties and legal and administrative instructions; - coordinating the measures aimed at resolving water and related ecological problems in the region, including the realization of joint projects; - exchange of information about planned and realised activities which affect in any way the river;

3.3.2.2 National Level

On the national level the water management system is aimed at: - Analyse and take into consideration the growing water pollution and water abstraction by the Republic of China when planning and authorizing new water users in the river basin; - orient the import policy in such way that advanced technologies, complex equipment and know-how is acquired, but also with the purpose to promote future production in the country; - guiding implementation of projects, international investment cooperation with foreign companies and international organizations; - arranging the international ecological cooperation, joint solution of issues for fighting and improving the environment; - arranging the development of the State Program for rational and complex use and protection of water resources of the Irtysh river; - managing projects of national or regional importance like the construction of dams, reservoirs, centralized ground water intake, pump plants etc.; - regulating rivers flows and operation regimes of large-scale reservoirs; - identifying alternative fresh water sources; - maximum reduction of losses at water supply and distribution.

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The management plans of this level should be based on needs and should take into account the social and economic conditions of the Irtysh river basin. They should further correspond to a general management plan for the river basin and the general water policy should be directed to all management levels.

3.3.2.3 Territorial level

On the territorial level the water management system needs to: - form the water resources management system appropriate to the particular conditions of the Irtysh river basin; - manage the operation of state-owned water facilities and promoting the reduction of water losses during transportation and distribution, and supply of the water with appropriate quality and quantity to different points at the required time; - establish direct and effective relations between central and local bodies and water users, public organizations and people; - consider as required the issue of coordination of national programs of actions and strategies; - create the Basin Board, groups and committees of assistance with the purpose to guarantee the public participation in water decision- making process; - increase water use efficiency, the creation of water users cooperatives and associations, organizations for interaction between water users and territorial bodies responsible for water allocation; - control quality and function of water facilities being the property of water user cooperatives, associations and individuals; - create an effective non-governmental service network and special private companies for operation and maintenance of water bodies and facilities.

3.3.3 Transboundary issues Water is a basic resource for social and economic development of the territory, it does not follow political borders and is public property. To protect the resource it is necessary to promote international cooperation. The procedure for use and protection of transboundary water bodies is given by the Water Code of the Republic of Kazakhstan. As specified there, this is the responsibility of the CWR and its basin authorities (BWD).

3.3.3.1 Proposed approach

The Irtysh river and some of its tributaries are transboundary water resources and this requires coordinated actions with neighbouring countries for regulation of flow, definition of operating regimes, ecological needs, water allocations, flood prevention and avoidance of other harmful water impacts.

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The commitment to integrate the country into the world economy, to support reforms, and mutually profitable cooperation, demand the formation of good- neighbourly policies with the riparian countries of the Irtysh river basin. Regulation of water relations between neighbouring countries must be implemented in accordance with recognized international standards and legal practice. The Republic of Kazakhstan is party to international treaties and agreements with the Russian Federation and the Republic of China in the field of use and protection of transboundary water bodies and in particular the Irtysh river. The realization of international rights of RK, as a member of the international community, for water resources use, their reproduction, protection against harmful influences should be implemented by: - rule-making; - mutual consulting; - monitoring of water bodies and information exchange; - taking measures of an international responsibility for international water legislation standards and principles violation. In order to implement organizational and legal and economic tasks it is necessary to develop jointly with Russia and China an action program, aiming at the implementation of water policy objectives, coordination of activities and the realization of international scientific projects. The intergovernmental agreements for use and protection of water resources, concluding by the RK, are implemented by basin authorities jointly with executive bodies.

3.3.3.2 International agreements to be concluded

International agreements for use and protection of transboundary water bodies between the RK and neighbouring countries need to be concluded taking into account the Convention for Protection and Use of Transboundary Water, resolutions of the UNO conference for environment and development in Rio de Janeiro and on the basis of existing international agreements. Such agreements have often been concluded for specific water use functions like shipping, hydro- power engineering, fishing, wood floating, irrigation and drainage, flooding prevention etc. and should be incorporated into a common action program for the use and protection of transboundary water bodies. Regarding the conclusion of such international agreements for use and protection of transboundary waters, the following approach is proposed: the proposal for conclusion of an intergovernmental agreement is submitted to the Government of RK by the authorized body in the field of water management i.e. the CWR. Before submission of the proposal, the preparation of drafts is coordinated with the corresponding water management authority in the neighbouring country. The Government of RK then approves the developed draft agreement and delegates the conclusion of the agreement to the sector ministry (currently Ministry of Agriculture). As a result of this agreement, both Governments constitute an authorized body in charge for managing the international water body.

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3.3.4 Required Institutional and Organizational Arrangements In the Irtysh river basin it is necessary to implement the following arrangements:

3.3.4.1 Short-term requirements

• Complete the institutional reform by establishing (empowering) the management authorities on national and river basin level. • Determine and empower the authorized body for state regulation in the field of the Irtysh river basin protection and define its competences and responsibilities; • Develop for the Irtysh river and the Zaysan lake the basin master plan considering economic water use, requirements for water protection, features of land and forest management and features of aquatic flora and fauna; • Create in the structure of executive bodies of East Kazakhstan and Pavlodar oblasts a control and coordinative body protecting the Irtysh river and the Zaysan lake as bodies of a specific state importance; • Improve interaction of state management bodies by eliminating function duplication and to share responsibilities on the basis of legal acts; • Limit the participation of other organisations, Ministries and institutions in water resources management by defining clear competences; • Create the Basin Council for the Irtysh river, assistance groups and committees; • Create an informational and analytical system for monitoring use and protection of the Irtysh river basin water resources; • Begin with measures aimed at elimination of pollution not only for individual water bodies, but in all basin; • Implement complex water use and protection planning by developing schemes of complex use and protection of water resources and clear arrangements in state, regional, basin and local programs of water economy as approved and provided for under the Indicative plan of the social and economic development of RK and its oblasts.

3.3.4.2 Medium term requirements

• Arrange and finish the inventory and state registration of technical conditions of water diversion, purifying, flood-control and bank-protection facilities and observation network; • Transfer state-owned water conduits (canals) (except republican water conduits and canals) into municipal property; • Transform state water enterprises or their divisions not having as assets interregional water facilities and devices to public enterprises; • Finish the process of creation of water users associations (OVP, AVP) in different economy sectors (agriculture, industry, public water supply etc).

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3.3.4.3 Long-term requirements

• Create on the basis of republican state enterprises operating water facilities and being under the authorized body for water resources (except strategically important enterprises), branch enterprises in east Kazakhstan and Pavlodar oblasts; • Develop the mechanism for conflict prevention on different levels taking into account traditional and new forms of conflict resolution; • Finish the creation of management mechanism taking account of all water users on the territory of a whole basin and other territories and the conclusion of intersectoral agreement with concerned bodies; • Develop the projects aimed at the evaluation of variants and priorities of water economy and investment attraction for more profitable purposes; • Finish the organization of water market and water services market on the basis of privatization in the water economy; • Approve measures for the elimination of contradiction of ecological, power and agricultural use of water; • Permanently to improve the economic mechanism of water resources use including the charges for water as a natural resource, charges for discharge and contaminant discharge into water bodies and charges for water legislation violation.

3.3.5 Social aspects, stakeholder involvement, awareness building Taking into consideration international practice of water use management for the Irtysh river basin it is necessary: • To create in oblasts and rural settlements groups aiding to a Basin Board (multisectoral groups, committees) for the implementation of national and local priorities of the sustainable development on the basis of elaborated policy taking into consideration clear objectives and actions plans; • To develop actions plans at supervising the processes and to implement their on strict accountability of water users and to discuss the outcomes during a Basin Board; • To arrange the public involvement to the management process and to strengthen the role of woman in water resources management; • To recognize the critical importance of the increase of water use culture of the society, to elaborate a strict and at the same time comprehensive water policy; • To permanently exchange experience and information on different aspects of water resources management; • To organize the meeting of administration representatives and the population on a regular basis; • To popularize the advanced international water use experience; • To develop in the society discussions on water use and then to develop the policy concerning water resources management.

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3.3.6 Organizational issues Taking into consideration the existing experience and international practice the existing basin management principle should meet the following requirements: • To accept as a main management object the water system of the Irtysh river, including the systems of middle and small rivers; • The committee for Water Resources manages for the sake of all economy sectors taking into consideration ecological standards and a specific status of water bodies; • The organizational and structural improvement of the water complex management system should be realized based on the responsibility delimitation of national and local levels. The implementation of the mentioned principles demands to do the following: • To strengthen Irtysh BWO by the specialists in accordance with current tasks; • To guarantee the rational use of water resources by the creation of water user cooperatives and associations in different economy sectors; • To take into consideration the interests of population, NGO and citizen with the aid of a Basin Board, to get the population to take part in projects and programs implementation; • To involve the private sector into water economy, water supply services provision, maintenance of water systems; • To create in the region a valuable planning institute for solving the problems of use and protection of the Irtysh river basin water resources.

3.4 REVIEW OF CURRENT WATER TARIFFING POLICY 3.4.1 Tariff setting procedure At present, legislation of RK does not provide any restrictions regarding asset ownership of water supply and drainage systems. They may be under state as well as private ownership. The water supply and sanitation enterprises in the Republic of Kazakhstan implement their activity on the basis of a special water use license, in accordance with the law “On licensing”. According to clause No. 4 of the law “On Natural Monopolies”, water supply and (or) sanitation services are subject to state antimonopoly regulation. The antimonopoly legislation strongly regulates water and sanitation services and the state policy is towards strict control (regulation), by fixing general standards but not taking into consideration special conditions of water supply and sewerage systems. The main point of the state tariff policy is that the cost of services (tariff) is fixed by the authorized body. This authorized body also approves tariff calculations and the procedure for calculation of cost. Tariff setting is controlled by normative acts developed and approved by the republican Agency for Regulation of Natural Monopolies and Competition Protection (ARNM) for 2003-2004.

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According to the law on natural monopolies, tariffs should not be lower than the necessary cost to provide the services, and further should take into consideration the possibility of profit earning. This profit should guarantee the efficiency of monopoly entities. A specific procedure of cost establishment is applied for tariffing. In many cases the approved tariff does not cover the full cost for main activity implementation. This fact subsequently leads to inefficient and unprofitable operation of Vodokanal organisations. The cost of water and sewerage services is formed from on the basis of cost for 1 cubic meter of water, multiplied by the volume of water used. Previously this rate had been fixed by local governments. In accordance with Resolution № 400, of 9 April 1999, prepared by the Committee for Price and Tariff Policy. The tariffs were fixed by the local executive administration until 2003. Tariffs are the key condition for efficient functioning of urban water supply and drainage systems. There is the tendency in Kazakhstan to record water consumption by water meters. But due to a missing clear mechanisms for compensating the supply and installation of the water meters, the process is slow. In case of absence of water meters, water consumption is calculated on the basis of water consumption standards. The services related to water abstraction, transmission, distribution, treatment, damage repair and other water supply and sanitation measures at water supply to water users are provided on the assumption of their payment. The procedure and conditions of payment for water supply services are determined by contracts.

3.4.2 Tariff Calculation Methodology The ARNM introduced with regulation No. 196 on 15 August 2003 the “Methodology for Water Supply and Sanitation Tariff Calculation Procedures”. This methodology determines the procedure for tariff calculation for piped water supply services and sewage disposal. They must be applied by all organizations providing such services, irrespective of system type and ownership. Applications for approval of new tariffs must be submitted by utilities to the authorized body, in accordance with the “Instructions on Approving Tariffs (prices, charge rates) for Production and Provision of Services by Natural Monopolies”, regulation No. 82 of 19 March 2003. Annex 1 to it outlines the calculation methodology. 1. Tariff calculation for piped water supply The main principle of a tariff calculation is to cover all economically justified costs required for providing the services and securing profit opportunities. The tariffs are approved by an authorized body individually for each water organization on the basis of individually required costs and profit. Tariffs for water supply services may be fixed as flat rates, per volume used or both of it (combined). The flat rate tariff is a tariff common for all consumer groups (that do not have water meters installed). This tariff is calculated as a fixed payment (charged once a month), based on assumed water consumption standard rates.

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Tariffs differentiation on the basis of consumer groups may take place if it is economically justified, i.e. levels of costs required for providing services are different for each consumer group. The volume based tariff is a tariff common for all consumer groups and is calculated on the basis of monthly water meter readings. The combined tariff is a tariff consisting of a fixed part and a variable part calculated on the basis of water meter reading. This tariff can be used when all consumers are provided with a water meter.

2. Calculation of water supply tariff 1) Unified and (or) volumetric tariff (F) is calculated by the following formula: Z + Р (1) F = ------, where V F – tariff for one cubic meter (1m3) in Tenge; Z - economically justified costs accepted with an allowance for the requirements of Special order in Tenge; Р - profit in Tenge; V – total predicted (for all consumer groups) volume of water supply services provided in cubic meters (m3). 2) Monthly fee paid by a consumer at a flat rate tariff is calculated by the following formula: (2) P = F x N , where P – a monthly fee charged from a consumer (once a month) for water supply services in tenge; N – water consumption standard rate (depending on a consumer group) in cubic meters (m3) 3) Monthly fee paid by a metered consumer is calculated by the following formula: (3) P = F x W , where W – water consumed by a user determined by a water meter reading in cubic meters (m3) 4) Combined tariff consists of two parts: - fixed part of a tariff; - variable part of a tariff calculated on the basis of water meter reading in tenge per one cubic meter (m3). The level of mixed tariff is calculated by the following formula: (4) T = А + F x W , (fixed portion) where А – fixed part of the tariff irrespective of the amount of water consumed (may be charged beforehand as a license fee for the system user right) is charged in tenge from user per month.

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Fixed part of the tariff is calculated by the formula: Z 1 + P1 (5) А = ------, (variable portion) where N Z 1 - costs in tenge: • for setting, servicing (reading, charging and collecting fees) and technical maintenance of the water meters belonging to Vodokanal but set at a user’s place; • support for marketing service. If so these costs (Z1) are excluded from a cost part of a volumetric tariff (F). The fixed part of the tariff may have two rates. First one is for the consumers whose water meters were set by a water-supply organization and the second one is for those users who set water meters at their own expense. P1 – a profit share on assets involved (including cost of water meters) that are related to marketing service in Tenge; N – total number of consumers using services of a water-supply organization; F – tariff per one cubic meter (1m3) in Tenge; W – amount of water consumed by a user determined by a water meter reading in cubic meters (m3). Planning of expenses of the tariff cost part is done in accordance with the requirements of the special order, accounting standards, tax and other legislation of the RK. Costs of a Water-supply organization for covering expenses are differentiated into production cost and overhead costs. Production cost expenses include: - tangible costs; - costs for labour remuneration; - insurance contributions; - depreciation; - other costs including outside services.

The overhead expenses include: - - general and administrative costs; - - sale department maintenance costs; - - interests costs.

3. Calculation of sewerage tariffs

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The calculation of a rate for sewerage services is carried out by the following formula: Zk + Pk (6) Тk = ------, where Vk Тk - tariff for sanitation services per cubic meter of waste water (m3), Tenge Zk – costs necessary for sanitation services provision and economically proved, included in tariff in accordance with the requirements of the special order; Pk - profit, Tenge; Vk – summary volume by waste water categories, cubic meters (m3) The planning of costs in the expenditure of sanitation tariff is made in a similar manner as water supply services in accordance with the special order, standards of accounting, tax and other legislation of the Republic of Kazakhstan. The tariff expenditure of water supply organization providing sanitation services is differentiated into production prime costs and overhead costs.

4. Determination of volumes for water supply and sanitation services provided The calculation of tariffs for supply of water and sanitation services is based on estimated or planned volumes included in the services provision contract concluded with a customer. In case of decrease of provided services, the customer approves their reduction by the decrease of his production needs (production program or business plan) at a contracts conclusion. Water discharge for the population needs is determined in the following manner: • for customers having water meters, it is necessary to include real volumes for the period previous to tariffs consideration (1 year period or 4 finished quarters); • for customers not having water meters, the services volumes are based on existing norms of water consumption. The volume of residential (household - faeces) waste water is determined in the following manner: • in case of no public hot water supply, equal to the volume of cold water consumption; • in case of public hot water supply, equal to the volume of cold and hot water consumption. Volume of manufacturing (industrial) waste water is determined in the following manner: • for customers connected to the water supply system, on the basis of diversion norms calculated from one unit of output product or from one installed sets (machines) requiring water supply. The volume of waste water is lower than the volume of consumed water in cases where it is a component of output products or used in technological process and

71 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report not discharged into sewerage system. Water volumes irretrievably lost are determined using technological data provided by the customer. In case of an increase in irretrievably water volume the customer needs to provide evidence based on the production program (business plan) and technological norms; • for customers not connected to the water supply system of the settlement (having his own sources), but discharging into the sewerage system, the volume is determined by the installed water meter(s); • for customers whose waster water is discharged into a cesspit and then into the public sewerage system, the volume is assumed to be equal to the quantity of water consumed or to 25 liters per 24 hours per capita. The volume of storm water discharged via the sewerage system, is determined on the basis of building regulation 2.04.03–85. The standard leakage loss of water supply systems is formed by a water loss in the pipelines and from water storage facilities. Water discharges for the own needs of Water supply organization contain: • Technological needs of water off-take from ground and surface water; • Water flushing and disinfection of water supply network as preventive maintenance and hydraulic tests of new water pipelines; • Laboratory needs; • Domestic needs. Water discharges for technological needs of ground water in-takes consists of water flow for disinfection and preventive holes charging.

5. Fixing profit The profit in tariffs is determined in accordance with “Instructions of profit rates calculation (net profit) for regulated basis of assets for the natural monopolies providing water supply and (or) sanitation services and natural monopolies of energy sector“, approved by the order of the Chairman of the Agency for Natural Monopoly Regulation and Competition Protection of the Republic of Kazakhstan dated 27 January 2003 № 17. Annex 1 to the Methodology for Water Supply and Sanitation Services Tariff Making Procedures guideline provides a table with cost items on which basis the tariffs are calculated. The table is attached as Annex 3-1 to the report.

3.4.3 The Situation of Vodokanals A study has been carried out with financing from the World Bank in 2004/2005 regarding water supply performance in small and medium size towns.8 The study gives a good overview of the water supply and sewerage situation in the country. 96 small and medium towns exist in Kazakhstan with a population between 10,000 and 100,000 people. Practically each town has its own Vodokanal utiliy,

8 Private Sector Options in Water Supply for Small and Medium Sized Cities, Republic of Kazakhstan, by Stone & Webester Consultants February 2005.

72 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report providing water and wastewater services. Between 30 to 40% of them are privately owned. Water supply coverage in towns is about 80%, sewerage coverage only about 55%. Physical losses are officially reported to be in the range of 20%. But this is in contradiction to the few known figures. Water consumption is metered only at 15% of the customers in smaller towns and at 25% in larger towns. Non- residential customers are metered at a larger proportion, but still far away from 100%. In 2002-2004, expenditures by small and medium towns were USD 10 million (1.7 million Tenge) for water and sewerage services. 80% of this was spent on distribution systems. The water utilities named the required amount of investments to be 7.1 billion Tenge (USD 42 million), half of it for expansion and improvement of distribution systems, the rest for water treatment and investments into sewerage systems. About 40% of the utilities recorded a profit in 2003, the remaining 60% made a loss. 2/3 of those making a loss, were not able to collect enough revenues to cover operation cost! Even the 40% profitable utilities face serious financial problems in the short term. The require a combination of external financial assistance. Tariffs vary significantly by geographical location, which may be explained by the different cost of water production and distribution services. But the main problem is, that at many utilities, tariffs are insufficient to cover costs. Strange enough, oblasts where operating cost are very high and oblasts where operating costs are very low, tariffs are set approximately right, aiming for cost coverage. But major cost recovery problems appear in those oblasts where the level of operating cost is intermediate. Those seem to be high areas of less significant water scarcity but high cost of service provision. It was also realised the Antimonopoly Committee unofficially takes into consideration also the affordability aspect – in places where tariffs reach such level, they tend to be set too low. In order to improve the situation, the following steps have been proposed:

- Tariffs must be high enough to ensure financial viability of the utilities

- Utilities need to operate under clear customer oriented service requirements/ goals

- Better co-ordination is required between tariffs, service level goals and social affordability;

- The method of setting production norms should be replaced with more specific company analysis; - with sector benchmarking;

- Realistic allowance for water losses and bad debts;

- Multi-year tariffs should be permitted;

- Responsibility for public hearings should be shifted from the Antimonopoly Committee to the competent authority for each utility;

- Regarding institutional shortcomings, the strong need to have a national government body being responsible for formulating policy with respect to water utility sector was emphasized. Reasons for it are:

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- Legislation is passed a national level;

- Utilities must have access to subsidised finance which typically originates from national level to support national policies;

- There are substantial gaps in the policy framework for the sector and if such policies are in place in some regions, they vary significantly; however, a uniform national policy would be needed;

- It would be waste of time an energy for each region to develop its own service level standard; such must be done on a national level;

3.4.4 Shortcomings of Current Tariff Setting Methodology The main shortcomings of the currently applied tariff setting methodology is the following:

1. there is no doubt that a large number of Vodokanals is practically bankrupt; - so the financing of the sector does not function; 2. the method of tariff calculation follows the principle of “cost plus profit”; this methodology does not give the operators any incentive to find ways of cheaper operation and to improve efficiency of operation; 3. tariffs do not consider the fact that depreciation is too low of systems which have been already run down; in this case, the correct valuation of the assets would be to use the replacement value; 4. Maintenance costs for the systems are often not sufficiently taken into consideration; (they should be 1-2% for civil works and 3% for electro- mechanical equipment) – for run down systems even higher; 5. tariffs need to consider the physical losses of a system and revenue collection ratios; 6. Vodokanals need to have the possibility to work on multi-annual tariff regimes; 7. Tariffs proposed by Vodokanals are kept low by the local executive administration and as a second institution by the Antimonopoly Committee; 8. The tariff policy should be such that the user/polluter pays for it (polluter pays principle) up to the social affordability criteria; by international standards, this is 3-5% of the disposable household income per person for water and wastewater services; if the system cost exceed the affordability criteria, subsidies need to be provided, but they must be agreed upfront of each project and it must be clear who pays them.

3.4.5 A Possible Mechanism for Setting Tariffs Right The following mechanism of financing water supply and sewerage projects and for setting in parallel tariffs right, has been applied in Austria, in the phase when the need of enhanced wastewater collection and treatment became unavoidable. Austria has a strong tourism industry and this sector was the initial driving force. In the 70-ies it became apparent to the politicians and to the large society that there would be no future for the tourism industry, if rivers and lakes are not clean.

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The Government reacted by developing and approving respective legislation, forcing the collection and treatment of wastewater within an appropriate transition period. As it was clear that the town administrations would not be able to finance such huge investments environmental funds were established, one at national level, and similar ones at regional level. Initially the national fund was located with the Ministry of Environment, but after some years of rather inefficient performance, it was outsourced to a bank, being specialised on communal infrastructure financing. Clear rules were given by the Government to the bank, about the method of calculation for the subsidy contribution. The method considers the socially affordable tariff and the specific cost of the infrastructure investment, particular for each case. Initially the subsidy was given in form of grant contribution, but after some time no direct subsidies were given, but support to the repayment of the loan. The mayors of the towns had the responsibility to comply to the new legislation and are personally liable for compliance. Water and sewerage tariffs were generally low and it is the natural interest of the local executive administration to keep them low. When infrastructure projects were designed, the design, accompanied with a tariff calculation had to be approved by the communal credit bank, which checked the design, re-calculated the tariffs and developed the subsidy regime. In many cases the designs could be made more cost effective through this procedure. The so checked and cleared projects were then ranked according to cost effectiveness and approved in the regular sessions by the funds management board. The approval of the projects was usually linked to certain conditions. One of them typically was that tariffs had to be raised significantly (close to the socially affordability level). The regional administrations simply made a package deal with the national fund. Their concession finance would only be available of projects are subsidised by the national fund. This helped them to cut down administrative cost. By this approach, the national policy to improve the environment an to provide people with clean water could be implemented, local administrations were forced “to put their tariffs right (up!)” and systems were constructed as least cost solutions.

3.5 INTERNATIONAL ASSISTANCE TO THE WATER SECTOR OF KAZAKHSTAN After 1991 the State investments to the water sector of Kazakhstan were severely limited. In the beginning of the 1990s hardly any international support was received, but since 1995 the Government of Kazakhstan started actively to attract grants and loans of international finance institutions (IFI) for the purpose of developing the country’s water sector . Since then, significant assistance for rehabilitation of the water sector has been obtained from the World Bank (WB), the Asian Development Bank (ADB), and the Islamic Development Bank (IDB), as well as the United Nations Development Program (UNDP), the European Community (EC) TACIS programme, GEF,

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USAID, and bilateral assistance from the Government of Japan, France, United Kingdom, Germany, Norway, Denmark, Italy, Kuwait and other countries.. Annex 3-2 to this report provides a list of ongoing respectively recently completed projects with international assistance in the water sector of Kazakhstan.

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4 INSTITUTIONAL CAPACITY OF THE CWR

4.1 ORGANISATIONAL STRUCTURE OF CWR The existing Water Code of the Republic of Kazakhstan reflects the effort of the government to reform the water sector in accordance with observed changes in the social, economical and political situation of the country, and also in the context of the Global Water Cooperation with the purpose to accelerate the transfer from short-term profit oriented to more sustainable methods of water resources management. The leading role for realization of these efforts must rest with the body which is authorized to manage the use and protection of water resources in the country, i.e. the CWR of the MoA. The CWR is the institution delegated to develop and realize the state policy in the field of the use and protection of water resources, to elaborate programs for the development of the water sector, schemes of a complex use and protection of water resources (integrated water resources management), to register water resources and their use, to maintain a state cadastre and to monitor water bodies, to develop prior directions of the international cooperation in the field of the water economy and water resources protection, to arrange the operation of state-owned water bodies, water facilities, to arrange design, research works and other tasks (see Chapter 3.1). The current organisational structure of the CWR and its subordinated organisations with number of staff is shown in Fig. 4-1. During the past years, the CWR has repeatedly been reorganized. These structural changes adversely affected staff capacity, the maintenance of archives and material resources. The CWR headquarter staff was reduced a few times and presently comprises of 34 people, only (see Fig. 4-2). The number of staff and the organization of the CWR is defined by the Government through regulation.

4.1.1 The Management The management of the CWR is assigned to the positions of the Chairman and two Deputy Chairmen. Their responsibilities are as follows:

4.1.1.1 Chairman

1) Presides the committee; 2) Arranges the development and implementation of state policies in the field of management, rational use and protection of water resources, programs for water economy development and lands amelioration; 3) Arranges the elaboration of priority directions of intergovernmental cooperation and also attraction and use of investments in the water economy; 4) Coordinates the activities concerning international and republican water economy projects and organizes the interaction with international organizations;

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Fig. 4-1: Existing Organizational Structure of the Committee for Water Resources Including Subordinated Organizations

Ministry of Agriculture of the Republic of Kazakhstan

Committee for Water Resources HQ (34 people) Regional bodies (184 people) Basin Water Organisations Republican State Enterprises (5369 people) Government Institutions (250 people) Aral Syr-Daryan BWO -23 people RSE «Canal Satpayev»-2273 people RSE «Vostokvodkhoz» - 65 p. GI RMC Balkhash Alakol BWO - 32 people «Kazagromeliovodkhoz»-23 p RSE «Esil-Su» - 636 people RSE «Aktubvodkhoz» - 60 p

Irtysh BWO -26 people GI Zetisu

RSE Direc´te ODSP «Aral»-24 people RSE «Astana-su» - 95 p Hydrological Expedition - 92 p Ishim BWO - 26 people RSE «Severvodstroy»-24 people RSE «Zhambylvodkhoz»-538 p. GI Kyzl-Orda Nura- BWO -19 people Hydrological Expedition RSE «UEBV and BAC Kunayev -260 p RSE «Zapadvodkhoz» - 85 p - 50 p

Tobol- BWO -20 people RSE «Pavlodarvodkhoz»-5 p. RSE «Kostanayvodkhoz»- 81 p GI South-Kazakhstan Hydrological Expedition - 85 p Ural-Kaspiy BWO -22 people RSE «Atyrauvodkhoz»-125 p RSE «Ugovodkhoz» - 932 p.

Shu-Talas BWO -16 people RSE «Severvodkhoz» - 67 p RSE «Karagandavodkhoz»-73 p. Monitoring and evaluation of Basin Water Organisation in 8 basins: do: state registration, water cadastre irrigated lands RSE «Sarkan KRU-72»-25 p. and monitoring, state control, quota RSE «Mangystauvodkhoz» - 2 p fixing, licensing for irrigation and

drinking water services

Maintenance of Water Facilities being in State Ownership Total staff CWR 5837 78 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report

Fig. 4-2: Existing Organizational Structure and Staffing of the Committee for Water Resources Headquarters

Chairman

Deputy Chairman Deputy Chairman

Department for regulation of water Department for organization of water Department for investments, resources use and protection facilities operation and land financing and administration 10 people amelioration - 10 people 11 people

Department Director – 1 p Department Director – 1 p Department Director – 1 p

Division for regulation of water Division for operation and rehabilitation of Division for financing, legal issues resources use and protection water facilities and administration 5 people 5 people 5 people

Division Head – 1 p Division Head – 1 p. Division Head – 1 p Senior Specialist – 3 p Senior Specialist – 3 p Senior specialist – 3 p. Lead Specialist – 1 p Lead Specialist – 1 p Lead specialist – 1 p

Division of international relations, Division for land amelioration and state Division for procurement and transboundary and interregional support to rural water supply systems investments apportioning of water - 4 people 4 people 5 people

Division Head – 1 p Division Head – 1 p Division Head – 1 p Senior Specialist – 3 p Senior Specialist – 3 p Senior Specialist – 3 p Lead Specialist – 1 p Lead Specialist – 1 p Lead Specialist – 1 p

Total staff 34

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5) Signs the orders of the committee; 6) Approves the Regulations of the committee; 7) In accordance with the legislation of the Republic of Kazakhstan appoints and dismisses leaders, their deputies and chiefs accountants of territorial state authorities, dependent public enterprises and institutions, members of the head office of the Committee; 8) Determines the responsibilities and authorities of his Deputies and Heads of Departments; 9) Puts forward proposals regarding creation, organization and liquidation of dependent organizations, approves regulations, statues and lists of members of staff of the Committee departments; 10) Signs the orders regarding creations of competitive commissions for taking state administration vacancies of the Headquarter and territorial authorities; 11) Signs the orders regarding charge of, transmission from balance to balance of accounted means of territorial authorities, republican public enterprises and institutions; 12) In accordance with procedure established by the legislation encourages and punishes staff members of Central machinery and leaders of territorial state authorities, dependent republican public enterprises and institutions; 13) In absentia of the chairman all above mentioned functions, except the items 4), 6), 7), 8), 10), 11), are executed by his Deputy.

4.1.1.2 Deputy Chairman (water resources use and protection)

1) Organizes the state control for the use and protection of water resources and grants the permissions for special water use; 2) Organizes the elaboration of draft legislative and normative acts in the field of the use and protection of water resources; 3) Controls the operational management of the activity of basin management authorities; 4) Organizes the state water registration, monitoring of water resources, maintenance of state water cadastre jointly with the authorities of the use and protection of the Earth interior and hydro-metrology; 5) Guarantees the development of water economy balances of surface and subsurface waters, schemes of complex use of water resources; 6) Organizes the development and approve of the rates of payment for water resources use; 7) Organizes the establishment of the quota of water consumption in the context of basins and oblasts and also coordinates the activity for regulation of water use and prevention of water pollution, obstruction and exhaustion, the improvement of conditions if rivers, lakes and water reservoirs; 8) Coordinates the activity for regulation of the operating mode of national, intergovernmental and interregional water facilities;

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9) Interacts with public institutions of resources management of neighbour states in the field of the joint use and protection of transboundary rivers and intergovernmental water facilities and their operating mode; 10) Guarantees state researches in the field of rational use and reproduction of water resources; 11) Coordinates the activity of consultants participating in the implementation of international investment projects in the field of water economy; 12) Arranges information and propaganda activities in the field of the use and protection of water resources.

4.1.1.3 Deputy Chairman (facility operation, investments and financing)

1) Guarantees the organization of construction, reconstruction and operation (maintenance, safeguard, damage control) of water reservoirs, barrages, hydro- systems, channels, water pipelines of national, intersectoral interregional purposes and other water facilities being in republican ownership; 2) Organizes the activity of republican public enterprises, land-improvement expeditions being under jurisdiction of the Committee and also controls their operational management; 3) Organizes the implementation of the following national programs: ¾ sectoral program “Drinking water for 2002-2010”; ¾ operation of national water facilities not concerning the water delivery and also evaluation of irrigated lands conditions; ¾ subsidizing of costs of water delivery services to agricultural producers; ¾ development of technical and economic grounds and cost estimates documentations and state examination for the reconstruction of damaged parts of intersectoral channels and irrigation and drainage facilities; ¾ reconstruction of damaged parts of intersectoral channels and irrigation and drainage facilities; ¾ reconstruction of water facilities. 4) Controls the operational management of the GU «Agromeliovodkhoz” (State institution); 5) Controls the organization of government work for design, construction and acceptance in the operation of water facilities, composition of technical and economic grounds and technical examination, development of the regulations regarding water reservoirs operation; 6) Participates in the organization of public purchases and researches in the field of the use and protection of water resources; 7) Organizes the introduction of advanced water protection technologies; 8) Ensures the activity of the machinery of the Committee in the material and economic support; 9) Ensures the communication with designing organizations, educational institutions and public.

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4.1.2 Departments In accordance with the Resolution of the Government № 310, dated 6th April 2005 the main divisions of the Headquarter of the Committee are as follows:

4.1.2.1 Department for water use and protection

Department for control of the use and the protection of water resources (10 people) consists of two divisions:

• Division for control of the use and the protection of water resources (5 people); • Division of international relations, transboundary and interregional water apportioning (4 people);

4.1.2.2 Department for water bodies operation and lands amelioration organization

Department for organizing of water facilities operation and land amelioration (10 people) consists of two divisions: • Division of water bodies operation and reconstruction organisation (5 people); • Division of land amelioration and state support to water use system (4 people);

4.1.2.3 Department for investment, financing and administration

Department for investment, financing and administration (11 people) consist of two divisions: • Division of financing and legal-organizational work (5 people); • Division of investment and public purchases organization (5 people). In their activity the departments and divisions are guided by the legislation of RK, the Regulations of CWR, orders and instructions of the Minister of Agriculture and the Regulations approved by the CWR Chairman.

4.2 CWR FUNCTIONS 4.2.1 CWR Head Quarters

4.2.1.1 Department of water use and protection

The functions of the Department for the control of water resources use and protection: 1. Participation in development and implementation of the state policy in the field of the use and protection of water resources and programs of development of the water sector of the economy; 2. Participation in organization of development of schemes for complex use and protection of water resources in the context of main rivers basins and other water facilities;

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3. Preparation of materials for adjustment of specific norms of water consumption in the economy sectors; 4. Participation in elaboration of standard rules of public water use; 5. Preparation of materials for grants, suspensions of licenses or permissions of special water use; 6. Preparation of materials for establishment of water consumption quota in the context of domains and sectors of the economy; 7. Participation in the organization of state control in the field of the use and protection of water resources; 8. Preparation of materials for approval of specific norms and standards of water use; 9. Participation in state water registration and water use, maintenance of state water cadastre and state monitoring of water facilities; 10. Participation in creation of information database of water facilities and ensuring of its accessibility to all concerned persons; 11. Preparation of materials for approval of operational mode of water facilities and sources of drinking water supply being in State ownership; 12. Participation in the organization of designing, researching, exploration works in the field of the use and protection of water resources; 13. Preparation of materials for approval of water facilities projects and accomplishment of constructive, dredging and other works influencing on the water facilities conditions; 14. Participation in trying cases of administrative torts in the field of water legislation of RK; 15. Participation in preparation and implementation of investment projects; 16. Participation in organization of the development of payment rates for surface water resources use and the conditions of their application; 17. Participation in elaboration of the rules of determination of water protection zones and belts; 18. Participation in the development of priority directions of intergovernmental cooperation in the field of the use and protection of water resources; 19. Participation in cooperation with neighbouring countries in the field of water relations management, rational use and protection of transboundary water.

4.2.1.2 Department for water bodies operation and land amelioration organization

The functions of the Department for water bodies operation and lands amelioration organization are: 1. development (participation in development) of the drafts of normative, legislative and methodological documents regarding the operation of water facilities, economic mechanism of water resources use, irrigation, land improvement and agricultural water supply;

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2. participation in development and implementation of perspective plans and programs in the field of irrigation, land improvement and agricultural water supply in accordance of “State agro-food program for 2003-2005”; 3. coordination of the activity of republican public enterprises regarding timely and continuous water supply to sectors of the economy of the Republic of Kazakhstan on contractual terms; 4. coordination of activity of GU (State institution) «Zhetisu GGME”, “South Kazakhstan GGME”, “Kyzylorda GGME”» and “Republican methodological center “Kazagromeliovodkhoz’” within its competence; 5. participation in elaboration of priority directions of intergovernmental cooperation, contribution for attracting and using of investment in the water economy; 6. development and implementation of the following state program: - operation of water facilities of republican importance not related to water delivery; - subsidizing of costs of water delivery from very important group systems of water supply being not alternative sources of potable water supply; - development of technical and economic grounds and costs estimates documentation and realization of state examination of damaged parts of inter-economic channels and irrigation and drainage facilities; - reconstruction of damaged parts of inter-economic channels and irrigation and drainage facilities; 7. development and introduction of proposals concerning privatization and restructuring of water institutions and enterprises, jointly with other institutional departments of the Committee; 8. organization of development and implementation of measures ensuring security and improvement of technical conditions of water facilities of intergovernmental, intersectoral and interregional importance; 9. collection of data concerning the certification of water facilities, proposals for its improvement; 10. participation in taking into operation of new or reconstructed water facilities of complex and intersectoral importance.

4.2.1.3 Department for investment, financing and administration

The functions of the Department of investment, financing and administration: 1. organization of development of budget draft of water economy, its submission to the Ministry of Agriculture of the Republic of Kazakhstan and the Ministry of Economy and Budget Planning of the Republic of Kazakhstan; 2. participation in the development and submission of short-term, middle-term and current indicative plans of social and economic development of the sector to the Ministry of Agriculture of the Republic of Kazakhstan and the Ministry of Economy and Budget Planning of the Republic of Kazakhstan; 3. organization and realization of state purchases of goods, works and services;

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4. participation in development and approval of normative acts in the field of the conservation and rational use of water resources; 5. in accordance with the RK law “about public enterprise” the distribution of information to dependent public enterprises: а) amount of labour remuneration fund (consumption fund); b) amount of official salary of leaders and the their bonus system; c) norms of profit allocation; 6. computation, composition of financial plans and informing the territorial authorities and state institutions being in republican budget; 7. preparation and implementation of financing of expenses incurred in the framework of public purchases; 8. reporting on realization of sate purchases of goods, works and services on means of republican budget; 9. preparation, formalization of materials and implementation of financing of expenses incurred in the framework of water projects, realized by using of external loans (guarantors) and co-financing; 10. preparation of draft orders regarding economic and financial activity of dependent organization, control for their implementation; 11. composing and submission of established statistical reporting and also summary balances of all kinds of activity of the Ministry of Agriculture of RK; 12. rendering of methodological assistance regarding business accounting, control and reporting to accounting employees of dependent organizations; 13. organization of control of check documents implementation by the central machinery members and also the implementation of sectoral commission decisions, orders and decrees of the Ministry of Agriculture of RK and the Chairman of Committee, assignments of machinery meetings and, if necessary, putting forward of proposals to hear members or leaders reports of their implementation; 14. preparation of Headquarter meetings and other meetings jointly with the Chairman of the Committee and departments of the Committee; 15. formalization of orders of the Chairman of the Committee concerning public service, contracts making, rotation and dismissal, personal files registration and custody, organization of special compulsory control of public employees and income declaration given by public employees; 16. regular study of business, professional and moral characteristics of leaders and specialists. The analysis of sector needs in junior specialists, organization of higher and secondary education specialists training. Putting forward of proposals for improvement of staff of central machinery employees and dependent authorities leaders in a qualitative sense (increase of graduate specialists number), advertising vacancies (leaders of dependent institutions), certification of the staff of the central machinery and dependent organizations; 17. guaranteeing of civil rights to equal access to public service in accordance with their qualities and professional experience, training of reserve persons for participation in contest of advertised vacancy (guided by Decree of the President of the Republic of

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Kazakhstan of 24th February 1999 №13 «Matters of improvement of personnel work in public service and other normative acts”); 18. preparation of materials for definition of public service seniority of Central machinery employees, vacations scheduling of central machinery employees and dependent institutions leaders, time sheet registration; 19. consulting public officers on legal position, control of restrictions related to public service; 20. requirements from central machinery employees to submit necessary materials and written information to the Chairman of the Committee.

4.2.2 CWR Subordinated Organizations The CWR dependent territorial authorities, the Basin Water Organizations (BWOs), have the approved staff of 182 people, allocated among the BWOs in accordance with Fig. 4-1. The figure also shows the staff of Republican State Enterprises (RGP - RSE) and Governmental Institutions (GU - GI) depending on CWR. They guarantee the technical arrangements on water bodies of republican importance. The functions of the BWOs as described in Chapter 3.1, are fixed in article 40 of the Water Code. The Regulations of BWO are approved by the order of the CWR Chairman and their functions are detailed depending on basin features and the existing of water facilities. The BWOs and GIs act on the basis of their statutes and regulations, approved by the executive local bodies and the order of the CWR. Examples of BWO Regulations, their structure and RSE Regulations are attached in Annex 4-1. All employees of the CWR Headquarter exercise their functions in accordance with the Regulations developed by the Divisions Heads and approved by Departments Directors and by the order of the Chairman of the CWR.

4.2.3 Additional Workload for CWR Based on the Water Code The CWR as the leading state body for the use and protection of water resources needs to ensure modern sector development and to push policy reforms. So it needs to take up a series of tasks and functions in addition to the currently exercised ones, such as: ¾ sector planning, ¾ development of strategies and tactics for sector management, ¾ elaboration of appropriate amendments of state programs, ¾ elaboration of laws, ¾ development of mechanisms and by-laws for practical realization of the Water Code, ¾ coordination of activities and overcoming dissociations between all water users (power, industry, agriculture, drinking water, flood protection, ecological water use),

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¾ adopt the principles of integrated water resources management in accordance with international agreements signed by Kazakhstan, ¾ enabling conditions for strengthening and financial support (development of subsidy mechanisms) of the sector, ¾ develop investment projects and organise financing (including international) for infrastructure improvements For this policy issues, CWR needs to develop concepts and implementation strategies. At the present capacity, CWR actually is not able to cope with these tasks.

4.2.3.1 Irrigation

In July 2002 the Decree of the President of the Republic of Kazakhstan approved the State Agricultural and Food Program for 2002-2010 which aims at increasing the efficiency of the agricultural and food sector. In the frameworks of the Program the Committee is delegated to arrange the financing and reconstruction of very damaged and run-down facilities of inter-farm canals, irrigation and drainage facilities. Projects need to be developed and implemented by the CWR. The Ministry of Agriculture has only a very small unit covering irrigation.

4.2.3.2 Drinking Water Supply and Sewerage Services

Currently no organisation is formally entrusted at the national level for improvement of water supply systems, sewerage and storm water disposal. There is urgent need to ensure quality of services, to issue technical minimum standards and operation criteria. The CWR is the only executive body for the implementation of the action plan for rehabilitation and improvement of existing water supply systems with the purpose to maintain their service conditions, assimilation and development of new and alternative sources of water supply, development and introduction of scientific and technical advanced technologies for water disinfection and purification, improvement of drinking water quality in the framework of the Sectoral Program «Potable Water».

4.2.3.3 Investment Projects and Budget Programs

The Committee is also the initiator and client of several investment projects implemented by different foreign and domestic organizations with involvement of international financial institutions with the purpose to improve water supply services, mitigate environmental pollution and improvement of water resources management. A list of budget programs of the CWR is attached as Annex 4.2. It shows a tremendous increase of investment budgets since 2002, as can be seen from Fig. 4-3.

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Fig. 4-3: Budget Programs of the CWR

Billion Tenge

20 18 16 14 12 10 8 6 4 2 0 2002 2003 2004 2005

4.2.3.4 Insufficient Capacity of CWR

The CWR continues to make extraordinary efforts to implement a large number of projects, including physical infrastructure investments and institutional strengthening projects. However, it needs to be stated that the capacity of the CWR with respect to staffing, office facilities and financial resources is limited and urgently needs to be increased to be able to cope with the work load which is based on the new water code and which is an actual need for modern water sector management. For reasons to verify the tremendous increase in work load the TA team reviewed incoming and outgoing correspondence of the CWR for the period 2002-2004. The analysis shows that the number of incoming correspondence to CWR increased from 2,879 letters in 2002 to 5,702 in 2004. Outgoing correspondence increased from 1,106 to 5,938 respectively. This means that CWR employees receive and read as well as draft and send out about 40 documents to different institutions daily. Considering the fact that each letter requires intensive attention from qualified staff, the work load is imminent. Fig. 4-4: CWR Correspondence

7000 6000 5000 4000 3000 2000 1000 in 0 2002 out 2003 2004

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No detailed data are available regarding the implementation of the “Concept of Water Economy and Policy Development of the Republic of Kazakhstan up to 2010”. But the following general observations are made: • The Concept is implemented in fragmented manner, without a balanced and clear plan for implementation of its main provisions (Sectoral program “Drinking water”, Sectoral program “ Development of water supply and sanitation of rural territories, Sectoral Program “Rural water supply in Karaganda oblast” etc); • The Concept provision for development of the State program “Water Supply” can not been met; • The Program for rational use and protection of water resources in the context of large river basins is not being developed; • There is insufficient co-ordination in the development of regional programs at local levels aimed at solving the complex problem of competing water demands • state budget programs and projects supported by foreign funds have to be implemented with insufficient analysis and control by CWR; • There is no systematic approach to issues of research and design works; • CWR does not have sufficient capacity to co-ordinate actively enough the creation of water user associations; • CWR does not have the capacity to coordinate effectively enough water quality monitoring and control; • Training and re-training of its specialists at different levels for the water sector can not be achieved sufficiently by the CWR.

Understanding those facts, the leaders of the Committee have applied several times to different Government levels with the purpose to strengthen the staff of the CWR Headquarter and at territorial subdivisions (BWO) in both quantity and quality structure changes. Such applications (according to analysis of CWR correspondence) were addressed to the Ministry of Agriculture of RK, Deputy Prime-Minister of RK, Prime- Minister of RK and the Director of the RK President administration. The proposed changes in organizational structure of the CWR Headquarter are shown in Fig. 4-5.

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Fig. 4-5: Proposed Structure and Staffing of Committee for Water Resources Headquarters (68 people)

Chairman Deputy Chairman Deputy Chairman

Deputy Chairman Department for regulation of Department for financing, water resources use and personnel and protection - 14 people Department for Water administration - 14 people Facilities - 14 people

Department Director -1p. Department for Department for Department Director -1p. Department Director -1p. water supply and procurement Division for regulation of water sewerage and Financing Division resources use and protection Division for operation of 11 people investments – 5 people 5 people water facilities 11 people -5 people Department Director -1p. Department Director -1p. Head Division – 1 people Head Division – 1 people . Senior Specialist – 3 people Lead Specialist – 1 people Senior Specialist – 3 people Head Division – 1 people Lead Specialist – 1 people Senior Specialist – 3 people Water Supply Division for Lead Specialist – 1 people Division for international relations, division Investments Accounting Division transboundary and interregional Division for water facility 5 people 5 people 4 people water apportioning - 4 people reconstruction - 4 people

Head Division – 1 people Head Division – 1 people Head Division – 1people. Head Division – 1 people Head Division – 1people. Senior Specialist – 3 people Senior Specialist – 3 people Senior Specialist – 2 people Senior Specialist – 3 people Senior Specialist – 2 people Lead Specialist – 1 people Lead Specialist – 1 people Lead Specialist – 1 people Lead Specialist – 1 people Lead Specialist – 1 people

Sewerage Division of Division for personnel Division of information and Division for land division Procurement and administration innovation, maintenance of national amelioration and state 5 people - 5 people 4 people water cadastre and national water support for rural water monitoring - 4 people supply- 4 people Head Division – 1 people Head Division – 1 people Senior Specialist – 3 people Head Division – 1people. Lead Specialist – 1 people Head Division – 1people. Head Division – 1people. Senior Specialist – 3 people Senior Specialist – 2 people Senior Specialist – 2 people Senior Specialist – 2 people Lead Specialist – 1 people Lead Specialist – 1 people Lead Specialist – 1 people Lead Specialist – 1 people

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4.3 LOW GOVERNMENTAL STATUS OF CWR The successful implementation of functions assigned to CWR, as a State authorized body, in the field of management of use and protections of water resources, is defined by the following provisions: • High status of CWR confirmed by practical mechanisms for its functions implementation; • Guarantee of an effective coordination of inter-ministry and inter-department activity in the field of water policy realization; • Sufficient staff capacity and appropriate organizational structure; • Introduction of the sector into the system of the global water cooperation, creation of the conditions for a sustainable development of the sector. Being charged with the implementation of the state water policy, CWR is a state institution reporting to the Ministry of Agriculture of the Republic of Kazakhstan. At present its national status is provided only by the Paragraph 2 of Article 37 of the Water Code of RK and which reads as follows: • Decisions of the authorized body for use and protection of the water resources made within its terms of reference shall be obligatory for all natural and legal persons. It is significant that the largest water consumer (water user) in the country is agriculture (78 % of a whole consumed water volume according to CWR data). Most agricultural water use is for regular irrigation and mainly based on surface flows. In 2002 total water abstraction for agriculture within the RK amounted to 14.68 km3, including irretrievable water volumes – 14.47 km3. It consists of the following components: а) water consumption for a regular irrigation 9.90 km³; b) water consumption for estuary irrigation 0.50 km³;; c) water consumption for haying flooding in river floodplain 3.91 km³;; d) water consumption for agricultural water supply 0.18 km³;; e) water consumption for pastures irrigation 0.12 km³;; f) maintenance of water level 0.07 km³;. Thus, 14.31 km3 or 97 % of all water consumption by agriculture is for irrigation (regular (constructed) and estuary (flooding) irrigation including hayfields). At the same time the existing organizational structure of MoA of the Republic of Kazakhstan does not give an important role to the management of this sector. A division for amelioration and water economy existed until recently in the department of farming, but was deleted and the functions were given to CWR. CWR is the state authorised body in charge of use and protection of water resources, but in fact it implements together with its subordinated organisations sector programs (e.g. irrigation) fully in contrary to the mandate of water resources management.

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Above mentioned organizational deficiencies do not allow the CWR to properly exercise its functions as “resources manager “ outlined in the Water Code . Most organizations of other Ministries implement activities necessary for effective management of water resources. At the same time, water management is separated and shared between those Ministries (surface water, ground water, water quality, monitoring, water utilities and sewerage, industrial enterprises water economy etc). For such Ministries and their subdivisions there is no necessity to cooperate with each other at the present day. Therefore each organization works independently and it does not have any idea about the other institutions’ activities. In this context the role of the authority guaranteeing interdepartmental interaction is the prerogative of the CWR as the body developing a program for water sector development and implementing state policy in the field of water resources use. However, at present CWR is unable to exercise those functions because of a lack of interaction mechanisms and the inferior Governmental status of CWR. Several efforts were made in the past three years by CWR to develop normative bases for the responsibilities falling under CWR. Annex 4-5 gives an overview of over the achievement reached so far.

4.4 CWR STAFF 4.4.1 Results of CWR Headquarter Staff Survey A questionnaire was prepared and distributed among CWR headquarter staff to obtain their opinion on working conditions, scope of works, their ability to cope with the work load and the status of the committee. The questionnaire is attached as Annex 4-6. According to the official staff plan, the total number of staff at CWR headquartders is 34. On June 1st , 2005 the actual number of employees was 33 persons. One position of a leading specialist in the department of international relations, transboundary and interregional water apportioning is vacant. The questionnaire was distributed to 23 persons. It was not given to the management (the Chairman and the two Deputy Chairmen) two specialists who were dismissed, three specialists who were on business trips, and two specialists who were on sick leave. The seniority level of the 23 staff members is as follows.

- 2 Department Directors

- 6 Division Heads

- 11 Senior Specialists

- 4 leading Specialists The results from the returned 23 questionnaires are presented below.

1. Age distribution of CWR headquarter staff • 20-30 years – 1 Department Director (DD) ; 4 Senior Specialists (SS); 3 Leading specialists (LS);

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• 31-40 years – 1 Division Head (DH); 2 SS; 1 Leading specialists; • 41-50 years – 1 Department Director; 5 Division heads; 3 Senior Specialists; • More than 50 years – 2 Senior Specialists.

№ Age, year DD, DH, SS, LS, Total, Total item people people people people people in % 1 20-30 years 1 - 4 3 8 35% 2 31-40 years - 1 2 1 4 17% 3 41-50 years 1 5 3 - 9 39% 4 More than 50 - - 2 - 2 9% years Total: 2 6 11 4 23 100%

There is a good age distribution in the team, with a good mix of young and senior people. Interesting it the fact that the age group of 31-40 years is somehow under represented.

2. Years of professional experience • up to 3 years – 2 SS; 3 LS • more than 3 and up to 10 years - 1 DD; 3 DH; 3 SS; • more than 10 years – 1 DD; 3 DH; 6 SS; 1 LS.

№ DD, DH, SS, LS, Total, Total Experience, item people people people people people in % years 1 Up to 3 years - - 2 3 5 22% 2 Up to 10 years 1 3 3 - 7 30% 3 More than 10 1 3 6 1 11 48% years Total: 2 6 11 4 23 100%

Nearly half of the staff has more than 10 years of professional experience which conforms that the staff is professionally relatively senior.

3. Percent of unproductive work • up to 25 % of working time –2 DD; 3 DH; 5 SS; 3 LS; • from 26 to 50 % - 3 DH; 5 SS; 2 LS.

№ Percent or Department Division Senior Leading Total, item unproductive Director, head, Specialist, specialist, people works, % people people people people 1 0-25 % 2 3 6 2 13 2 26-50 % - 3 5 2 10 3 51-75 % - - - - - 4 76-100 % - - - - - Total : 2 6 11 4 23

The survey shows that part of the staff has some unproductive time. Unproductive work as per definition in the questionnaire means that full work flow

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4. Previous work experience This table shows the type of work, employees have been doing before joining CWR. A high 78% of the staff have been doing practical works before (construction or operation of systems), so knows the business not only theoretically. • Designing companies – 1 DH; 6 SS; • Construction companies – 1 DD; 4 DH; 3 SS; 1 LS; • Operation companies – 1 DD; 3 DH; 4 SS; 1 LS; • Other - 1 DH (Ministry of environment protection); 1 SS (university); 1 LS (educational organization).

№ Organizations DD, DH, SS, LS, Total, item people people people people people 1 Designing companies - 1 6 - 7 2 Construction companies 1 4 3 1 9 3 Operation companies 1 3 4 1 9 4 Other - 1 1 1 3 Total:

5. Sector knowledge and information being professionally responsible for • full information and skills – 1 DD; 6 DH; 7 SS; 2 LS; • theoretical knowledge – 1 DD; 4 SS; 2 LS.

№ Specialists Full theoretical No Other Total , item information knowledge idea people 1 DD 1 1 - - 2 2 DH 6 - - - 6 3 SS 7 4 - - 11 4 LS 2 2 - - 4 Total: 16 7 - - 23

70% of the staff states to have full knowledge of the sector and the respective professional skills, in theory and in practise. 30% say to have theoretical knowledge.

6. Definition of functions of CWR staff • Regulations of CWR – 2 DD; • Regulation by the Department - 6 DH; • Regulation by Division – 11 SS; • Job descriptions – 4 LS; • Direction of your leader – 0.

№ Documents DD, DH, SS, LS, Total, item people people people people people 1 Regulations of CWR 2 - - - 2

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2 Regulation of Department - 6 - - 4 3 Regulation of Division - - 11 - 11 4 Job Description - - - 4 4 5 Direction of your leader Total 2 6 11 4 23

All staff functions are defined by the respective organizational unit and of department heads by the regulations of the CWR.

7. Duration of CWR staff working week • All employees work 6 days per week

№ Duration of CWR DD, DH, SS, LS, Total, item staff working week people people people people people 1 5days - - - - - 2 6 days 2 6 11 4 23 Total: 2 6 11 4 23

8. Daily working hours of CWR staff • 8 hours – none • 9 hours – 2 DH, 6 SS; 2 LS; • 10 hours – 2 DD; 4 DH; 5 SS; 2 LS; • More - 0.

№ Duration of DD, DH, SS, LS, Total, item working day people people people people people 1 8 hours - - - - - 2 9hours - 2 6 2 10 3 10 hours 2 4 5 2 13 4 Other - - - - - Total : 2 6 11 4 23

Everybody works more than 8 hours, 43% work 9 hours and 57% 10 hours per day,

9. Are 8 hours per day enough to carry out current functions? • enough – 3 DH; 3 SS; 2 LS; • not enough – 1 DD; 2 DH; 2 SS; • not always enough – 1 DD; 1 DH, 6 SS; 2 LS.

№ Enough time DD, DH, SS, LS, Total, item (8 hours) people people people people people 1 Enough - 3 3 2 8 2 Not enough 1 2 2 - 5 3 Not always enough 1 1 6 2 10 Total 2 6 11 4 23

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35% of the staff states that 8 hours would be enough to carry out the assigned functions. – Interestingly this is primarily the more junior staff. 65% state that this time is not enough or not always enough.

10. Difficulties in carrying out functions: • None –2 DH; 3 SS; 3 LS; • lack of source information – 1 DD; 3 DH; 4 SS; 1 LS; • lack of time – 2 DD; 3 DH; 5 SS; • other – small number of department employees, lack of work conditions, often emergency to prepare of additional information for MoA.

№ Difficulties carry out DD, DH, SS, LS, Total item functions people people people people 1 None - 2 3 3 8 2 lack of source 1 3 4 1 9 information 3 Lack of experience - - - - 0 4 lack of time 2 3 5 - 10

About 1/3 of the staff responded that they do not have any problems in performing their functions. The reasons given by the rest of the staff for some difficulties in performing their tasks is equally lack of time and also lack of complete information.

11. Main obstacles for carrying out the functions It was possible to answer this question in form of comments. The number and type of responses was as follows: • 6 insufficient number of staff (with arguments: (4) not enough staff, (1) must do non-functional issues and (1) large flow of information; • 3 bad office working conditions • 2 bad living conditions;

12. Does work/ function correspond job description? • 16 Corresponds – 2 DD; 4 DH; 8 SS; 2 LS; • 7 Partly corresponds – 2 DH; 3 SS; 2 LS.

№ Correspondence of the DD, DH, SS, LS, Total, item work to the functions people people people people people 1 Corresponds 2 4 8 2 16 2 Partly corresponds - 2 3 2 7 3 Does not correspond - - - - - Total: 2 6 11 4 23

70% of the staff confirms that their actual work corresponds to ther position and job description. 30% state that their work corresponds partly, none said, it does not correspond.

13. Type of daily work • Planned – 1 DD; 1 DH; 6 SS; 4 LS;

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• emergency – 1 DD; 4 DH; 4 SS; • partly emergency – 1 DD; 1 SS.

№ Kind of the routine DD, DH, SS, LS, Total, item of work people people people people people 1 Planned 1 1 6 4 12 2 Emergency 1 4 4 - 9 3 Partly emergency 1 - 1 - 2 Total: 3 5 11 4 23

52% of the staff is working on a planned work routine. 39% work on emergencies, not long term planned activities.

14. Knowledge of «CWR regulations» • Know – 2 DD; 6 DH; 9 SS; 2 LS; • partly know – 2 SS; 2 LS.

№ CWR staff knowledge of DD, DH, SS, LS, Total, item «CWR regulations» people people people people people 1 Know 2 6 9 2 19 2 Partly know - - 2 2 4 3 Do not know - - - - - Total 2 6 11 4 23

83% of the staff confirms to know well the regulations of CWR, some of the more junior staff to not know them fully.

15. Implement functions appointed to other specialists in CWR • Regularly – 2 DD; 5 DH; 10 SS; 4 LS; • never – 1 DH; 2 SS.

№ Implementation of the DD, DH, SS, LS, Total, item functions not appointed people people people people people 1 Always - - - - - 2 Regularly 2 5 9 4 20 3 Never - 1 2 - 3 Total : 2 6 11 4 23

None of the staff needs to do on a regular basis the functions of another staff member. However, 87% of the staff needs to step in on a regular basis “to help out” other staff members. This means, staff must be extremely flexible and has to step in where need is biggest at the moment. Only 3 staff members do not need to jump in on tasks outside their function.

16. Office working conditions • good – 2 LS; • satisfactory – 2 DH; 3 SS; • unsatisfactory – 2 DD; 4 DH; 7 SS; 3 LS.

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№ Working DD, DH, SS, LS, Total, item conditions people people people people people 1 good - - - 2 2 2 satisfactory - 2 3 - 5 3 unsatisfactory 2 4 7 3 17 Total: 2 6 10 5 23

¾ of all staff (74%) expressed their dissatisfaction with the office working conditions. This correlates very well to the responses on other questions where it was stated that working conditions affect work efficiency and performance of duties.

17. Main deficits of office conditions • Small work area – 2 DD; 6 DH; 10 SS; 4 LS; • Lack of document storage – 2 DD; 5 DH; 11 SS; 4 LS; • Bad illumination – 1 DD; 1 DH; 1 SS; • Lack of Personal Computer – 1 LS; • Others – missing air conditioning, office crowded, office supply.

№ Shortcoming of work site DD, DH, SS, LS, item arrangement people people people people 1 Lack of Personal Computer - - - 1 2 Bad illumination 1 1 1 - 3 Small work area 2 6 10 4 4 Lack of documents custody cases 2 5 11 4

22 complaints were expressed about too small office area. The need for more office equipment like shelves and drawers to store documents and reports was mentioned also 22 times and the same number about missing shelves, document Many people complained about difficulties to concentrate due to insufficient ventilation and lack of air condition. 3 people complained about poor illumination, 1 expressed the need of a computer.

18. Requirements for improvement of work • Creation of information center – 1 DD; 4 DH; 7 SS; 3 LS; • Committee archives – 1 DD; 3 DH; 6 SS; 1 LS; • Training center – 2 DH; 1 SS; 1 LS; • Psychological relief room – 1 DD; 1 DH; 3 SS; 1 LS; • other – extension of office, increase of staff number;

№ Proposals for work DD, DH, SS, LS, item improvement people people people people 1 Creation of information center 1 4 7 3 2 Committee archives 1 3 6 1 3 Training center - 2 1 1 4 Psychological relief room 1 1 3 1

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The need for an information centre was expressed 15 times. That means, 2/3 of the staff clearly expressed the need for a better information management. The need for document archives was articulated 11 times i.e. half of the staff. 6 expressed the need for a recreational or psychological relief room and 4 for a training center. Also here the need for more office space, better working environment and more staff was expressed.

19. Correspondence of CWR official staff number to implementing functions • 17 - does not correspond – 2 DD; 5 DH; 8 SS; 1 LS; • 5 - partly corresponds – 1 DH; 3 SS; 1 LS. • 1 - corresponds – 1 LS;

№ Correspondence of CWR DD, DH, SS, LS, Total, item staff number to people people people people people implementing functions 1 Corresponds - - - 1 1 2 Does not correspond 2 5 8 2 17 3 Partly corresponds - 1 3 1 5 Total: 2 6 12 3 23

74% of the staff is states that the total number of staff (official staff positions) is insufficient compared to the functions CWR is responsible for. 22% stated that CWR is partly insufficiently staffed (some departments). Interesting is also the fact that practically all senior staff is convinced that CWR is understaffed.

20. Required staff increase to cope with current work load • 10 % (up to 37 people) – 2 DH; 1 SS; 2 LS; • 20 % (up to 41 people) – 2 SS; • 30 % (up to 44 people) – 1 DD; 3 SS; 2 LS; • 50 % (up to 51 people) - 2 DH; 3 SS. • 64 people – 1 DD; • up to 70 people – 1 SS. • Up to 80 people – 1 DH; • 100% - 1 DH; 1 SS.

№ Increase the Committee DD, DH, SS, LS, Total, item staff number people people people people people 1 10 % (37 p.) - 2 1 2 5 2 20 % (41 p.) - - 2 - 2 3 30 % (44 p) 1 - 3 2 6 4 50 % (51 p.) - 2 3 - 5 5 90 % (64 p.) 1 - - - 1 6 >100 % (70 – 80 p.) - 2 2 - 4 Total: 2 6 11 4 23

Staff members were asked by what number headquarter staff would need to be increased for CWR to be able to cope with the current work load (excluding any tasks which CWR may have to handle in future).

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4 employees consider that the staff needs to be more than doubled and should have about 70 to 80 persons. Results must be seen cumulatively, so the results have to be seen as follows: - 5 employees i.e. 22% consider that 70-80 staff is needed (+>100%) - 10 employees i.e. 44% consider that 51 staff is needed (+50% increase); - 16 employees i.e. 70% consider that 44 staff is needed (+30% increase); It is logic to see that the more senior staff, having a better view of the situation, requests for a larger number of increase.

21. Need for additional organisation units • departments– 1 DD; 4 DH; 10 SS; 4 LS; • divisions- 1 DD; 1 DH; 5 SS; • 3 departments – 1 DH.

№ Additional DD, DH, SS, LS, Total, item structures people people people people people 1 Departments 1 7 10 4 22 2 Divisions 1 1 5 - 7 3 Others - - - - Total: 2 8 15 4 29

85%(!) of the staff expresses the need to create more departments and 30% expressed the need to have additional divisions.

22. Does CWR status correspond to current tasks? • does not correspond – 2 DD; 5 DH; 7 SS; 2 LS; • partly corresponds – 2 DH; 3 SS; 1 LS; • corresponds – 1 LS;

№ Correspondence of CWR DD, DH, SS, LS, Total, item status to current tasks people people people people people 1 Corresponds - - - 1 1 2 Does not correspond 2 5 7 2 16 3 Partly correspond - 2 3 1 6 Total: 2 7 10 4 23

All experienced staff of CWR is convinced that the status of the CWR is inappropriate for the tasks to be carried out. 70% of the staff considers that the current status of the CWR is simply inappropriate, 26% think it is at least in some areas inappropriate.

23. Need to raise the status of CWR • Separate ministry – 2 DH; 6 SS; 3 LS; • Separate state agency – 2 DD; 5 DH; 5 SS; 1 LS.

№ Increase the CWR status: DD, DH, SS, LS, Total, item people people people people people 1 Separate ministry - 2 5 3 10 2 Separate agency 2 4 5 1 12

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3 Remove from MoA - - 1 - 1 Total : 2 6 11 4 23

Upon the question, if CWR should be converted into a separate ministry or state agency, the answer is approximately even, with a slight majority for a state agency.

24. Correspondence of education level to job function • Corresponds - 2 DD; 6 DH; 4 LS; • Partly corresponds – 2 SS.

№ Correspondence of DD, DH, SS, LS, Total, item education level to people people people people people functions 1 Corresponds 2 6 9 4 21 2 Partly corresponds - - 2 - 2 3 Does not correspond - - - - - Total 2 6 11 4 23

91% of the staff considers that their educational level corresponds with the job function, 9% feel that it corresponds partly only. None says, it does not correspond.

25. Need to raise level of education • necessary – 2 DD; 6 DH; 11 SS; 4 LS.

№ Necessity to raise the DD, DH, SS, LS, Total, item educational level people people people people people 1 Yes 2 6 11 4 23 2 No - - - - - Total 2 6 11 4 23

All staff members express the wish and need for further education and training.

26. Ways to raise level of education • post graduated courses to upgrade degree – 1 SS; • short-time training courses – 1 DD; 1 DH; 2 SS; 1 LS; • refreshing training courses on profession – 1 DD; 2 DH; 8 SS; 2 LS; • second superior education – 2 DH; 1 SS; 1 LS.

№ Ways to raise the educational DD, DH, SS, LS, Total, item level people people people people people 1 Post graduated courses to - - 1 - 1 upgrade degree 2 Short-term training courses 1 1 2 1 5 3 Refreshing training courses 1 2 8 2 13 on profession 4 Second superior education - 2 1 1 4

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Total 2 5 12 4 23

Upon the question, in what form the level of education ideally could be raised, 57% answer by refreshing and training courses in the respective profession, about 20% each would like to have short-term training courses, or second superior education.

27. Salary Satisfaction • unsatisfied – 1 DD; 5 DH; 6 SS; 2 LS; • partly satisfied – 1 DD; 1 DH; 5 SS; 2 LS.

№ Satisfaction with DD, DH, SS, LS, Total, item salary people people people people people 1 Satisfied - - - - - 2 Unsatisfied 1 5 6 2 14 3 Partly satisfied 1 1 5 2 9 Total 2 6 11 4 23

None of the staff members is satisfied with the level of salary. 61% are simply unsatisfied and 39% are only partly satisfied.

28. Problems of social security: • No – 1 DH; 1 LS; • Yes – 1 SS. Main problems: • Lack of domicile – 2 DD; 4 DH; 10 SS; 3 LS • Children education – 1 DH; 1 SS; • Other – poor quality of medical services and treatment of public officers.

№ Problems of social DD, DH, SS, LS, Total, item security people people people people people 1 None - 1 - 1 2 2 Yes, lack of housing 2 4 10 3 19 3 Children education - 1 1 - 2 Total: 2 6 11 4 23

91% of the staff members expressed some social problems. 83% of all staff faces problems with housing. 2 have problems of education of their children.

29. Could some kind of works be outsourced?

№ Works suitable for DD, DH, SS, LS, Total, item outsourcing people people people people people 1 Private companies - - - - 2 Researches institutes - - - - 3 Other 1 1 2 - 4 Total 1 1 2 4

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Note. “Other” means for technical and design companies. CWR considers that hardly any works could be outsourced. Some technical work could possibly be done by design companies.

30. Regular staff meetings • Not regularly – 1 DH; 5 LS; • 1 per week – 2 DD; 4 DH; 6 SS; 5 LS.

№ Regularity of CWR DD, DH, SS, LS, Total, item staff meetings people people people people people 1 No regular - 1 - 5 6 2 Once per week 2 4 6 5 17 Total 2 5 6 10 23

74% have more or less regular staff meetings, typically once a week. 26% no or irregular meetings.

31. Corporate social events • enough – 1 DD; 2 SS; • should be more – 1 DD; 4 DH; 7 SS; 2 LS; • none – 1 DH; 1 SS; • none, but should be: 2 SS; 1 LS.

№ Do you have DD, DH, SS, LS, Total, corporate social people people people people people events 1 Sufficient 1 1 2 - 4 2 Yes, might be more 1 4 6 3 14 3 Yes, might be less - - - - - 4 No - 1 1 - 2 5 No, but should be - - 2 1 3 Total 2 6 11 3 23

78% state that there are social events and 61% think there should be more. , 22% do not participate in social events.

4.4.2 Key Qualification of CWR Headquarter Staff

The key qualification and work experience of CWR headquarter staff is summarised in Table 4-1.

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Table 4-1: Qualification of CWR Headquarter staff (01.05.2005)

Name Title Admission/ Education, profession Scientific degree Seniority in the Previous place of employment rotation date public service Leadership Riabtsev Anatoliy Chairman 31.08.2001 Mechanical engineer, Candidate of Technical Science Over 20 years Deputy Chairman 13.02.2002 political scientist, Legal expert Atshabarov Deputy Chairman 07.06.2003 Hydraulic engineer Candidate of Technical Science Over 20 years Deputy Director MA RK Nurlan Kenshimov Amirkhan Deputy Chairman 07.06.2003 Hydraulic engineer Candidate of Technical Science Over 20 years Expert of the REC of Central Asia Department for control of the use and protection of water resources Sarsenbayeva Gulshakira Department 15.03.2004 Hydrologist engineer No degree Over 20 years Ishim BWCD Deputy Director Director Division for control of the use and protection of water resources Zhakenov Mukhtar Division Head 29.03.2001 Hydraulic engineer No degree 7 years and 5 MPROOS RK 05.11.2001 months Tanatbayeva Saule Senior Specialist 18.02.2003 Applied-mathematician No degree 2 years and 3 RGKP “Densaulik” months Makish Zhikhanshi Senior Specialist 25.04.2002 Hydrogeologist No degree 4 years and 4 Committee of Geology Ministry of months Energy and Mineral resources Zhamasheva Venera Senior Specialist 01.03.2005 Ecologist No degree 1 year ZAO “ Nedra” Abdiyarova Liazzat Leading specialist 01.04.2004 Technologist No degree 4 years and 5 GKP “Taraz Su” months Division of International water relations, transboundary and interregional apportioning of water Musirali Nurken Division Head 12.01.1997 Ameliorator engineer No degree 6 years and 2 MPROOS RK 25.03.2001 months 05.11.2001 Dusbayeva Kalamkas Senior Specialist 18.03.2002 Ecologist engineer No degree 2 years and 8 Ishim BWCD 18.02.2003 months Sham-shiyeva Asia Senior Specialist 28.05.2001 Hydraulic engineer No degree Over 20 years RGP “Zhambylvodhoz” 05.04.2002 Davidov Stanislav Leading specialist 10.07.2004 Legal expert No degree 1 year “Madia Soft Astana” Ltd Department for organizing of water facilities operation and land amelioration Badashev Erlan Department 11.06.2001 Hydraulic engineer No degree 6 years and State Inspection Department Director 18.02.2003 4months MPROOS Beknizov Murat Division Head 18.02.2003 Hydraulic engineer No degree 5 years Consultant Mukhatov Zhumabek Senior Specialist 25.03.2001 Hydraulic engineer No degree 7 years and 7 RGP “Zhambylvodhoz” months Bokanova Rauza Senior Specialist 25.09.2000 Hydraulic engineer No degree 18 years and JSC “Tinis” 7 months Elibayeva Gulsara Senior Specialist 19.05.2003 Hydraulic engineer No degree 13 years and CC “Alataustroyinvest” Civil 104 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report

4 months engineer Orazinbetov Berik Leading specialist 15.05.2003 Mining engineer, Legal No degree 2 years Financial Director “Mol Kuat” Ltd Expert Division of land amelioration and rural water supply Beisenov Murat Division Head 01.01.2000 Hydraulic engineer No degree 17 years and Ministry of Agriculture 3 months Orazbayeva Alma Senior Specialist 10.01.2005 Hydraulic engineer No degree 4 years Specialist RGP “Esil Su” Erzhanova Nurilia Senior Specialist 03.12.02 Hydraulic engineer No degree 15 years Senior Specialist MA RK Kudaiberliev Serik Leading specialist 10.01.2005 Mechanical engineer No degree 1 year PC “Astana-Nedvizhimost’” Department of investing, financing and administrating Raimkolov Nurlan Department 20.07.2000 Engineer-economist No degree 5 years and MPROOS RK Director 24.04.2002 7months 18.02.2003 Abeldinov Adil Division Head 15.05.2003 Financier No degree 10 years and Treasury Control Department 6 months Musina Gulnar Senior Specialist 05.11.2001 Economist No degree 8 years and 9 Regional Treasury Control months Department Sadvakasova Gulden Senior Specialist 16.08.2000 Educational specialist No degree 9 years and 9 MPROOS RK months Rahimbekova Altinay Senior Specialist 15.05.2003 Manager No degree 7 months JSC “BankCentreCredit” Iskhakov Erkebulan Leading specialist 18.02.2003 Economist-manager No degree 3 years Senior Spacialist Almaty Akimat Division for investing, financing and administrating Deneev Batyrgaly Division Head 09.10.2000 Hydraulic engineer No degree 7 years and 8 JSC “Zheldorstroy” 18.02.2003 months 10.02.2004 Sarsekeev Serik Senior Specialist 17.01.2005 Hydraulic engineer No degree 1 year UK GGME Ushkaite Irina Senior Specialist 18.02.2003 Hydraulic engineer No degree 3 years RGP “Severvodstroy” Kalieva Gulmira Senior Specialist 26.03.2001 Hydrologist No degree 2 years and 7 MPROOS RK 18.02.2003 Bachelor months 07.04.2004 Matiyeva Liazzat Leading specialist 13.09.2004 Economist No degree 2 years and 7 RGP “Severvodstroy” Legal Expert months

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5 ORGANIZATION OF THE WATER SECTOR IN DIFFERENT COUNTRIES

When comparing the organisation of the water sector in different countries, it is important to take into consideration the level of priority water has in each country and in particular irrigated agricultural activities. Therefore some basic indicators are presented for each selected country. Kazakhstan Area: 2,724,900 km² Population: 15.15 Million Irrigated land: 10 771 km² = 0.4% Total freshwater resources per capita and year 6,600 m³/c,a Internal freshwater resources: 3,700 m³/c,a Water abstraction per capita and year: 1,500 m³/c,a OECD water stress indicator (all resources): 23% = medium high OECD water stress indicator (internal resources): 41% = high

5.1 NEIGHBOURING COUNTRIES 5.1.1 Kyrgyzstan Area: 198,500 km² Population: 5.15 Million Irrigated land: 10,771 km² = 5.4% Total freshwater resources per capita and year 4,100 m³/c,a Internal freshwater resources per capita and year 9,100 m³/c,a Water abstraction per capita and year: 2,200 m³/c,a OECD water stress indicator (internal resources): 24% = medium high In Kyrgyzstan water agenda are generally located in the Ministry of Agriculture, Water Management and Processing Industry. A department of water management exists within the ministry which is in charge of water agenda. However, important to note is the institution of “National Committee on Water Strategy Matters”. This organization reports directly to the President of the Republic and is an advisory body for rational use and protection of water resources. Their main responsibilities are, to provide the Government options and basic directions in water policy issues, define projects for improvement of normative legal acts, organise analytical work on complex use and protection of water resources and advise on issues of cooperation with neighbouring countries and international organizations.

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The national committee has the power to request information form all ministries and organisations. Temporary working groups of experts, including foreign can be created. Fig. 5-1: Water Management Institutions in the Kyrgyz Republic

Parliament (Jogorku President of the Kyrgyz National Committee on Kenesh) Republic water strategy matters

Of the Kirghiz Republic

Government of the Kirghiz Ministry of Agriculture, Water Republic Management, and Processing Industry

Local state administrations Water Management Department

Oblast state administrations

Oblast Basin Water Management DepartmentsОбластные 7 бассейновые ОбластныеОбластныеОбластные бассейновыебассейновые бассейновые управленияуправленияОбластныеОбластные водноговодного бассейновыебассейновые хозяйствахозяйства управленияуправления водного водного хозяйства хозяйства управленияуправления водноговодного хозяйствахозяйства

District state administrations

District water management departments

Agricultural Units Hydro units

WUAs Hydro servicing

Farms (water users)

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Fig. 5-2: Structure of the Water Management Department under the Ministry of Agriculture, Water Management and Processing Industry in the Kyrgyz Republic

Ministry of Agriculture, Water Management and Processing Industry

Water management Department

Department of Information dispatcher’s Department of water irrigation systems office resources and water maintenance use

Department of Department of economy, finance and technical policy and registration engineering

Department of Oblast basin normative-legal acts and personnel activity department of water management 7 Administrative Marketing department management Department

Production Department “protection of agriculture & water Department of project management «Rehabilitation of Irrigation Construction irrigation systems" department

Department on Water Reservoir Management

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5.1.2 Tajikistan Area: 143,100 km² Population: 6.4 Million Irrigated land: 7,192 km² = 5.0% Internal fresh water resources: 10,400 m³/c,a Water abstraction per capita and year: 2,100 m³/c,a OECD water stress indicator: 20 %= moderate/ medium-high

In Tajikistan, water agenda are located in the Ministry of Reclamation and Water Resources. But an important role play also the Ministry of Environment Protection and the Land and Land Planning Committee.

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Fig. 5-3: Water Management Institutions in the Republic of Tadjikistan

Parliament President

Government Regional Chairman

Land and Land Ministry of Ministry of Planning Committee Reclamation and Environment Water Resources Protection

Khukumat of Region

Regional State Water Regional Management Environment Chairman of Oblkomzem Department protection department District (regional land committee)

Khukumat of Ditrict

District State Water District Environment Raykomzem (District Land Management protection department Committee) Department

Rural Land Committee Hydro units Djamoat

Water users

Kolkhoizes Dehkan farms PK JSC Association Other water users

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5.1.3 Turkmenistan Area: 448,100 km² Population: 4.95 Million Irrigated land: 17,441 km²= 3.9% Total freshwater resources per capita and year 5,015 m³/c,a Internal freshwater resources: 276 m³/c,a Water abstraction per capita and year: 5,801 m³/c,a OECD water stress indicator: 116 % = high

In Turkmenistan, water agenda are managed by the Ministry of Water Resources (MWR) This ministry has control over the allocation of the country's water sources and any water abstractions, or wastewater discharge required the written authorization from this Ministry. The ministry also has a construction division which is responsible for constructing major water works. Ministry of Agriculture (MOA) is the principal user of the country's water resources in the form of irrigation. Ministry of Environment (MOE) has broad statutory powers to approve applications for use of waters and disposal of wastewaters, but ultimately the MWR has the final say.

5.1.4 Uzbekistan Area: 447,400 km² Population: 25.9 Million Irrigated land: 42,806 km²= 9.6% Total freshwater resources per capita and year 1,968 m³/c,a Internal freshwater resources: 638 m³/c,a OECD Water abstraction per capita and year: 2,598 m³/c,a OECD water stress indicator: 132 % = high In Uzbekistan, water management is located at the Ministry of Agriculture and Water Management. However, the following competences are located at the Government level (Cabinet of Ministers): ensure uniform policy for complex use and protection of water resources and coordinate respective activities, overall water use and water protection control, maintain water cadastre, prevention and fighting of large hazardous and emergency cases, establish water use and pollution payment rules, international water relations and implement measures defined by new legislation. Another body active in the water sector is the State Inspection and Control and Supervision which supervises and checks technical and labour safety of large and highly important water objects.

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Fig. 5-4: Water Management Institutions in the Republic of Uzbekistan

President of the Oliy Majlis State Inspection on control Republic (Parliament) of the and supervision over Republic technical condition and work safety of large and highly important water economy objects Cabinet of Ministers of the Republic of Ministry of Uzbekistan Agriculture and Water Management

Khokim of the Water 1st Deputy Minister Region Inspection Chief of Water Management Department 1st Deputy Khokim of the Region, Head of Regional Agriculture 1st Deputy Head of and Water Management Regional Agriculture Department and Water Management Department, Head of Regional Water Resources Water Management Inspection

District Khokim района MIRC* MPH** 1st Deputy Khokim of District, Head of 1ST Deputy Head of District Agriculture and District Agriculture and Water Management Water Economy Department Department, Head of District Water Water Economy Inspection Management

Water sections

*MIRC – Management of Interregional Canals Shirkats ** MPH – Management og of Pump Houses

Farms

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5.1.5 Russian Federation Area: 17,100,000 km² Population: 142.8 Million Irrigated land: 46,630 km² = 0.3% Total freshwater resources per capita and year 31,400 m³/c,a Freshwater resources (internal) 30,000 m³/c,a Water abstraction per capita and year: 519 m³/c,a OECD water stress indicator: 2%= low

5.1.6 China Area: 9,597,000 km² Population: 1.3 Billion Irrigated land: 526,000 km²= 5.5% Total freshwater resources per capita and year 2,200 m³/c,a Freshwater resources (internal) 2,200 m³/c,a Water abstraction per capita and year: 439 m³/c,a OECD water stress indicator: 20% = moderate/ medium high

5.2 OTHER SELECTED COUNTRIES 5.2.1 Germany Area: 357,021 km² Population: 82.4 Million Irrigated land: 4,850 km² 1.4% Internal freshwater resources per capita and year 1,300 m³/c,a Water abstraction per capita and year (OECD): 460 m³/c,a OECD water stress indicator (all resources): 20%= moderate/medium high OECD water stress indicator (internal resources): 35%= medium high

Legislation According to the federal system in Germany, public tasks and business is allotted to the Federal Government, the 16 states, called Laender, and the communes respective the local authorities. As determined by basic law, in the field of water policy the Federal Government only has the right to enact general provisions (framework competence). Freshwater related issues are to be decided in principle by state offices or institutions. However, the principle national framework is given by the Federal Water Act.

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The following instruments are used for water resource protection: effluent disposal plans, effluent load plans, surface water and groundwater protection regulations, and the design of flood-prone areas. On federal level the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety deals with the basic questions of water resources management and protection as well as with transboundary cooperation in this field. It is responsible, inter alia, for the Federal Water Act and the Wastewater Charges Act. The ministry is also responsible for provisions to the European Union. The most important partners are the:

ƒ Federal Ministry of Consumer Protection, Food and Agriculture water management in rural areas and fishery ƒ Federal Ministry for Health and Social Security drinking water quality and bath water quality ƒ Federal Ministry of Transport, Building and Housing waterways, navigation and hydraulic engineering ƒ Federal Ministry of Education and Research water research ƒ Federal Ministry for Economic Cooperation and Development water management in development politics ƒ Ministry of Economics and Labour economic and social-economic belongs of water resource protection Cooperation takes place at federal, state and district levels right down to local communities. The Federal Ministry is assisted by other federal authorities and research institutions, including the Federal Environmental Agency in Berlin, the Federal Agency for Nature Conservation in Bonn, and the Federal Office for Radiation Protection in Salzgitter, all of which report to the Federal Environment Ministry. In addition, the Federal Institute for Hydrology at Koblenz, the Federal Institute for Navigation and Hydrography in Hamburg, the Federal Institute for Waterway Engineering in Karlsruhe and the German Meteorological Service in Offenbach report to the Federal Ministry of Transport, Building and Housing. The Federal Institute for Geosciences and Natural Resources in Hannover reports to the Federal Ministry of Economics and Technology. The Federal Biological Research Centre for Agriculture and Forestry (BBA), and the Federal Agriculture Research Centre (FAL) report to the Federal Ministry of Consumer Protection, Food and Agriculture. There are national as well as European (EC) regulations affecting water resource management issues.

The governments of the several states have their own water laws and are responsible for enforcement. These laws must comply with the federal framework laws. They coordinate their efforts in the Working Group of Federal States on Water Problems (LAWA). At the river basin level, the states have working groups, the Federal government is also involved where international river basins are concerned. The states are, inter alia, responsible for establishing pricing policy within the framework set by the Federal Water Act.

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Investments Water supply and sewerage services are provided by about 8,000 utilities and the system of financing and subsidies varies considerably between the federal states. The publicly owned utilities are responsible for capital investments. No cumulative data are available but a general estimate is that investments are financed to 75% by domestic loans and 25% by connection fees and subsidies. A key lender is KfW which provides loans at attractive conditions to municipalities called “Kommunaldarlehen”. The EIB has become another important lender in the past years. Practically all investments are publicly financed, as the private sector has not been able to secure similar attractive financing conditions as communities. However, there are discussions to apply in the future similar lending criteria to municipalities as it is common for the private sector, which would force municipalities to more careful financial performance and probably make private finance in certain cases competitive.

Organizational Structure Organization and implementation of water supply and water disposal is traditionally in the competence of the communes. They have big tolerances within the various state laws to meet the required water services. Communes can manage water services by themselves, create or join special purpose associations of other municipalities or can assign third party companies. The communes are allowed to assign also sewerage and waste water treatment services to third party companies since 1996 and material privatisation is allowed by the Federal Water Act. Possible forms of organisations are:

ƒ Municipal Department ƒ Municipal Utility ƒ Municipal Company ƒ Joint Company with private shareholding ƒ Operating models (BOO, BOOT, BOT, etc.) ƒ Managements and Service Contracts The communes can collect tariff rates to refinance investments and operating costs on base of the respective state laws. In the last years more and more private shareholders enter in water companies and in the country rises the need for a federal privatisation framework law.

5.2.2 Austria Area: 83,870 km² Population: 8,2 Million Irrigated land: 457 km²= 0.5% Internal freshwater resources per capita and year 6,800 m³/c,a

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Water abstraction per capita and year (OECD): 450 m³/c,a OECD water stress indicator (all resources): 4%= low OECD water stress indicator (internal resources): 7%= low

Legislation Typical for a federal structure, the competences in the water sector are partly in the Federal Government and partly in the state (Laender) government. The Federal Government holds responsible for flood protection, navigation, mountain river flood control and maintenance of water ways. All the rest and water law enforcement is in the responsibility of the 9 states. They can issue guidelines and law affecting the organization and realization of the water supply and waste water sector. The federal water law foresees the foundation of water user associations and co- operatives. Further principle rules regarding protection of water bodies, use and purification of water and legal concerns are given in the federal water law. On federal level the Federal Ministry of Agriculture, Forestry, Environment and Water Management is responsible for all water related issues except the drinking water quality which is in the competence of the Federal Ministry of Health and Women. Subordinated to the Ministry of Forestry, Environment and Water Management are since 1995 the “Bundesamt für Wasserwirtschaft” - which consists of 4 institutes: ƒ Water Ecology, Fishery and Lake Science ƒ Groundwater Management ƒ Hydraulic Engineering and hydrometrical testing ƒ Water Quality All four institutes comprise a staff of 92 persons. the expert authority for environmental protection and environmental control and the Federal Bureau for Water Management. Legal enforcement authorities are the heads of Provincial Governments and the District Water Authorities.

Investments 1959 a special National Fund, the Wasserwirtschaftsfond embedded in the necessary legal framework was founded. Water supply and wastewater treatment are the responsibility of the municipalities, and the national as well as provincial governments provide subsidies for capital investments. The administration supported capital investments by providing soft loans with clearly preferential conditions to regional concepts instead of individual solutions. In 1987 the fund was consolidated with the 3 environmental fund which was founded 4 years before. In 1993 the administration of the water and environmental fund was handed over to a private bank – which brought a clear improvement in fund efficiency and performance

116 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report and reduced political interference. Also the financing mechanism was changed in such way that from now on municipalities could take debt finance from any bank and the state and provincial administrations provide subsidies for loan repayment. Practically all investments are made by the public sector which is based on the fact that the private sector has been unable to get equally good financing conditions from banks and secondly the private sector has some comparative disadvantages regarding taxation. Tariffs are agreed by the municipalities and cities and they naturally try to keep them as low as possible - often too low. However, it is a precondition for the asset owners to “set the tariffs right” in order to have access to the state subsidies. The legal pressure to comply with the standards and the need to set tariffs appropriate closes the cycle.

Organizational Structure Water supply and wastewater treatment is regulated in the several provincial laws. In these laws the framework is given for the self-administrated communes for organizing their water supply. Within these laws the communes can decide the structural organization of the water utilities and fix the tariffs for financing their investments. The federal law encourages the foundation of associations for water supply, wastewater treatment, irrigation and drainage and for fire water. The water authority can also enforce the foundation of water associations under certain circumstances regulated by the provincial laws. All degrees of privatization are possible, from management contracts to material privatization whereof BOT is the most common In Austria water services are organized mostly local and public property. Private Sector Participation has become more interesting to municipalities in the last years due to shortness of public budget.

5.2.3 England & Wales Data for UK: Area: 242,900 km² Population: 59.4 Million Irrigated land: 1,080 km²= 0.4% Internal freshwater resources per capita and year 2,400 m³/c,a Water abstraction per capita and year (OECD): 220 m³/c,a OECD water stress indicator (all resources): 21%= medium high OECD water stress indicator (internal resources): 20% = low/ medium high

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Organizational Structure Since 1989 all water related services in England and Wales are provided by private companies who have a 25 year concession. Until 1974 water supply was organized local and provided normally by public companies and a small number of privates. The 10 Regional Water Authorities were founded covering the various river basins. In 1983 the government shifted the water competences from the local to the national level and finally in 1989 all Regional Water Authorities were privatized. The new private companies became owner of all water supply, sewage and wastewater treatment facilities and held responsible since then for the services to the population. In the context with this privatization the legislator installed 3 regulatory authorities independent from each other:

ƒ The Office of Water Services (OFWAT) is the economic regulator for water and sewerage services, limits the water tariffs and protects the standard of service provided; ƒ The Drinking Water Inspectorate (DWI) guards the drinking water quality; ƒ The National Rivers Authority (now integrated in the Environmental Agency) deals with water body monitoring, flood control, water resources and wastewater discharge. The Department for Environment, Food and Rural Affairs (DEFRA) acts as arbitration body in case of conflicts between the 3 authorities. The OFWAT can enforce the private water companies to comply with their duties and apply for special administration at the court if necessary.

5.2.4 Jordan Area: 89,200 km² Population: 5.4 Million Internal freshwater resources per capita and year 188 m³/c,a Irrigated land: 750 km²= 0.8% Internal freshwater resources per capita and year 131 m³/c,a Water abstraction per capita and year: 255 m³/c,a Water stress indicator (all resources): 151% = high OECD water stress indicator (internal resources): 195% = high

Legislation Ministry of Water and Irrigation (MWI) The Ministry of Water and Irrigation (MWI) is the official body responsible for the overall monitoring of the water sector, water supply and wastewater system and the related projects, planning and management, the formulation of national water strategies and policies, research and development, information systems and

118 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report procurement of financial resources. Its Role also includes the provision of centralized water related data, Standardization and Consolidation of Data. The MWI was established in 1992, by a bylaw issued by the executive Branch of the Government under the Jordanian Constitution. The establishment of the Ministry of Water and Irrigation was in response to Jordan’s recognition for the need of a more integrated approach to National water management. Since its establishment, MWI has been supported by several donor organization projects that have assisted in the development of water policy and water master planning as will be as restructuring the water sector.

Water Authority of Jordan (WAJ) WAJ was originally established in 1983, pursuant to the Water Authority Law No.34 of 1983 (temporary law), as an autonomous corporate body, with financial and administrative independence named the Water Authority, it was directly linked with the Prime Minister. The main feature of this law was that the Water Authority took over all responsibilities of the entities responsible for water and wastewater. According to Article 23 of the said law the Water Authority was responsible for the public water supply and wastewater services, as well as for the overall water resources planning and monitoring. Furthermore, it took over all responsibilities of the former: Amman Water and Sewerage Authority Drinking Water Corporation Natural Resources Authority’s: • Irrigation Directorate • Water Studies Directorate • Drilling Directorate Jordan Valley Authority’s: • Irrigation Directorate • Hydrology Directorate • Dams Directorate Water and Wastewater Divisions Water Divisions of the municipalities of the Kingdom. The permanent Water Authority Law No.18 of 1988 replaced the said law. According to Article 3, WAJ was established as an autonomous corporate body, with financial and administrative independence linked with Minister of Water and Irrigation. WAJ carries full responsibility for the public water supply, wastewater services and related projects as well as for the overall water resources planning and monitoring, construction, operations and maintenance. The responsibilities of WAJ are defined in the said law and are briefly described hereafter: ¾ Survey the different water resources, conserve them, determine ways, means and priorities for their implementation and use. ¾ Develop the potential water resources in the Kingdom, increase their capacity and improve their quality, protect them from pollution, supervise them and administer their affairs and put forth programmes and plans to meet future water needs by providing additional water resources from inside or outside the Kingdom and through the use of water treatment and desalination.

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¾ Regulate, and advise on, the construction of public and private wells, investigate ground water resources, drill exploratory, reconnaissance, and production wells, and license well drilling rigs and drillers. ¾ Study, design, construct, operate, maintain, and administer water and public sewerage projects including collecting, purifying, treating, disposing and the use of any other methods dealing with water. ¾ Draw terms, specifications and special requirements in relation to the preservation of water and water basins, protect them from pollution, and ascertain the safety of water and sewerage structures, public and private distribution and disposal networks, and take the necessary action to ensure technical control and supervision, including all necessary tests. ¾ Carry out theoretical and applied research and studies regarding water and public sewerage to achieve the Authority’s objectives including the preparation of approved water quality standards for different uses and technical specifications concerning materials and construction in order to apply the findings to the Authority’s projects in coordination with other concerned departments; and publish the final findings and standards so as to generalize their application by all means available to the Authority. ¾ Issue permits to engineers and licensed professionals to perform public water and sewerage works; and participates in organizing special training courses to qualify them in order to improve the standard of such works and to reduce water losses and pollution. All those involved in water and sewerage works are requested to adjust their practice in accordance with the provisions of this Article and to obtain the specified permit accordingly. ¾ Regulate the uses of water, prevent its waste, and conserve its consumption.

Jordan Valley Authority (JVA) Originally established in 1973 as the Jordan Valley Commission, it was renamed Jordan Valley Authority in 1977, after Jordan Valley Development Law No. 18 of 1977. This law was subsequently modified by the Jordan Valley Development Law No. 19 of 1988 and its amendment in 2001. Programme Management Unit (PMU) Programme Management Unit (PMU) was established in 1997 by the Minister of Water and Irrigation (MWI) to act on behalf of the Water Authority of Jordan (WAJ) as the principal and semi-autonomous entity to provide the professional, technical, and administrative services and support required for proper management of the implementation of the Greater Amman Water Sector Improvement Program (GAWSIP). This program consists of three main components:

• The administration of the Management Contract for the provision of water and wastewater services in Greater Amman that was signed between WAJ and the private operator LEMA.

• The multi-donor financed Capital Investment program for restructuring and rehabilitation of the water supply system of Greater Amman.

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• Transfer of knowledge gained within the scope of above listed activities - the lessons learnt - to other areas of the country (Governorate Support), in particular with regard to the involvement of the private sector in the provision of public services. PMU operates under the control of an Executive Management Board (EMB) headed by the Minister of Water and Irrigation. The EMB provides guidance to and supervises the PMU. The Delegation of the European Commission in Jordan acts in an advisory capacity to the EMB.

Organizational Structure Ministry of Water and Irrigation (MWI) Seven Directorates under the directive of the Assistant Secretary Generals for Finance and Administration and Technical Affairs as well as two Units for Legal Affairs and Project Finances directly subordinated to the Secretary General fulfil the said functions (MWI Organisational Chart). Units for public relations, internal monitoring and water security and protection are directly subordinated to the Minister of Water and Irrigation with responsibilities overarching MWI, WAJ and JVA (Ministry By-Law No.52 of 1992). The Ministry of water and Irrigation embraces the two most important entities dealing with water in Jordan: • The Water Authority of Jordan (WAJ): In charge of water & Sewerage Systems. • The Jordan Valley Authority (JVA): Responsible for the socio- economic development of the Jordan Rift Valley, including water development and distribution of irrigation. This relative position with respect to WAJ & JVA reinforces MWI leading role as Jordan's ambassador on water issues. With its extensive Water Information System, MWI has become a lead in the region that uses GIS-based digital tools for Water Master Planning activities, offering the framework, databases and tools necessary to manage water data and providing water specialists with data and information for water sector monitoring, management and planning. MWI regularly produces essential water sector information products including Water Master Plan.

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Fig. 5-5: Organization Chart of Ministry of Water and Irrigation

Water Authority of Jordan (WAJ) Eighteen Directorates under the directive of eight Assistant Secretary Generals (Water Affairs, Sewerage Affairs, Technical Affairs, Regional Affairs (Southern, Middle and Northern Region), Financial Affairs, Administrative Affairs), as well as five Units directly subordinated to the Secretary General fulfil the said functions. WAJ Programme Management Unit (PMU) regulates water supply and wastewater utilities under private management. The organisational structure of the Authority (WAJ Organisational Chart) is strictly centralised. The regional branches of WAJ in the Governorates are fully dependant on WAJ headquarters with respect to human resources management, workshop services and billing.

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Fig. 5-6: Organization Chart of Water Authority of Jordan

Jordan Valley Authority (JVA) The Jordan Valley Authority is a governmental organization with about 1800 staff responsible for the social and economic development of the Jordan Rift Valley, including the development, utilisation, protection and conservation of water resources. JVA is responsible for the development utilisation of water resources in the Jordan Valley for irrigated farming, municipal, industrial and touristic purposes, and generation of hydroelectric power and other beneficial uses. Its responsibilities include water resources protection and conservation. In order to achieve its said responsibilities, JVA undertakes the following: 1. The carrying out of studies required for the evaluation of the water resources including hydrological, hydrological and geological studies, drilling of exploratory wells and the establishment of observational stations. 2. Planning, design, construction, operation and maintenance of irrigation projects and related structures including dams, hydropower stations, water delivery and distribution networks in addition to surface and subsurface drainage works, flood protection works, roads and buildings needed for operation and maintenance. 3. Soil surveys and classification, and reclamation of lands suitable for irrigated farming. 4. Settlement of disputes arising from the use of water resources. 5. Organization and directing the construction of private and public wells.

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6. Development and improvement of the environment in the Valley reparation of skeleton and detailed plans for lands. 7. Planning, design, construction and maintenance of farm roads network. 8. Development of tourism in the Valley, and the construction of touristic and recreational facilities. 21 Directorates and/or Departments subordinated to 6 Assistant Secretary Generals (Ghor Operation and Maintenance, Land and Development, Planning and Information, Administration and Financial Affairs, Irrigation and Drainage Affairs, Dams Affairs) together with 5 Units directly subordinated to the Secretary General fulfil the above-mentioned tasks.

Fig. 5-7: Organization Chart of Jordan Valley Authority

Programme Management Unit (PMU)

PMU’s mandate is set out in its Charter of Operations (July 2001). This document serves as a reference for stakeholders and staff of PMU. Objectives, authorities, responsibilities and functions of PMU are specified in the Charter of Operations. The document also includes an overview of the institutional structure of PMU and procedures in use by PMU.

The PMU works under the ideal conditions of combining project executions mainly in the name of the water authority of Jordan with actively observing the tendencies in the water sector and the related economical environment. The main tasks of PMU consist of seven major activates: • Management Contract Amman (MC) • Capital Investments (CI)

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• Geographic Information System (GIS) • Governorate Support (GS) • BOT Project waste water treatment plan As Samra (BOT) • Reduction of Non-Revenue Water (NRW) • SCADA

Day-to-day operations of PMU are executed on the basis of an operational plan which is prepared by PMU semi-annually and approved by its Executive Management Board. The operational plan contains achievements realized during the past half year and activities planned for the upcoming period of half a year. It also includes PMU’s budget and training plan for the same period of six months.

5.2.5 Israel Area: 22,140 km² Population: 6.8 Million Irrigated land: 1,990 km²= 9.0% Total freshwater resources per capita and year 265 m³/c,a Internal freshwater resources per capita and year 119 m³/c,a Water abstraction per capita and year: 287 m³/c,a OECD water stress indicator (all resources): 108% = high OECD water stress indicator (internal resources): 241% = high

Legislation

Water Law, 5719-1959

Water is a scarce commodity in Israel. The country is situated in an arid zone and the natural resources are insufficient to meet the ever-rising demand. The necessity to use water in a rationing regime has led to the enactment, in the 1950s, of the Water Law. The Water Law did away with private ownership of water resources and established an administrative water allocation mechanism that has earned the respect of many nations around the world for Israel's ability to allocate its limited water resources for a long period of time in a manner that is beneficial to resources and users alike.

Israeli water legislation is based upon the following principles:

• that water resources are the property of the public and that there is no private ownership of water resources; • that every person has the right to a water allocation for recognized purposes; • that the overall quantity of available water is scarce and that a prioritization process has to take place in order to provide sufficient water, in quantity as well as in quality, to all users; • that only a centralized allocation of water resources can ensure an optimal use of the limited water resources;

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• that the consumers, through their representatives, need to have a major input in the formation of the rules relating to the allocation of water quotas; • that attempts must be made to increase the water quantities available for utilization by the consumers; • that the government has the right to take appropriate action to prevent the pollution of water resources.

The Water Law creates a balance between the inherent water scarcity and the need to provide water for those needs which are recognized as the most important ones. The Law provides that all water resources belong to the public and are to be allocated for specific and recognized purposes only. National water planning is, consequently, based on maximum water conservation, optimum management of water resources and careful water allocation.

Each and every water use requires a license. This includes well drilling, extraction (production), supplying, consumption, subsurface recharging and water treatment. All licenses are annually issued and, at least de jure the license granted for one year does not confer upon the recipient the right for a license in the following year although in fact, absent compelling reasons to the contrary most likely he will receive a license for the next year as well. The license lists conditions that relate to quantities, qualities, procedures and arrangements of production and supply of water, increasing the efficiency of water use, preventing pollution, etc. The license may be revoked by the Water Commissioner if the conditions are not fulfilled or if the water use endangers the water source.

The Law does not prescribe priorities in water allocations though such can be found in the Water Regulations (Water use in a Rationing Area), 5736-1976 which prescribe that in Rationing Areas, i.e. geographic areas in which the demand exceeds the supply, water allocations will be granted in the following order of priorities:

(a) Domestic Uses; (b) Industrial Uses; (c) Agricultural Uses; (d) Other Uses.

Water Measurement Law, 1955

A fundamental provision in the law is the obligation to provide water solely by measurement, and to each consumer separately. Payment in respect of the water is based on reading the water meters.

The law grants the Water Commissioner the authority to prohibit the supply and consumption of water so long as a water meter is not installed, and also the authority to install a water meter on the account of whosoever was obliged to install one.

Water Drilling (Control) Law, 1955

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The law is intended to protect the subsurface water sources and to prevent their pollution, depletion or salination due to irresponsible utilization. The essence of the law is the obligation to obtain a license from the Water Commissioner for every drilling of a well or every change within a well, designed to increase its water yield. In every case of well-drilling or a change within a well without a license, or not in conformity to its conditions, the Water Commissioner may order cessation of the installation and restoration of the situation to its previous state.

A drilling license is required even if the well is designed to supply the personal consumption needs of the well owner only.

Organizational Structure

The Water Commissioner is responsible for the overall management of the nation's water resources with the aim of ensuring a steady water supply to all Israel's residents over time for diverse consumption uses - domestic, industrial and agricultural. The Water Commissioner is responsible for formulating the water policy, the planning and development of the water economy, preventing the pollution of water sources, the regulation of streams and flood prevention, utilization of overflow water, development of new water sources, utilization of waste water, development and promotion of efficient water use.

The Water Law is the basis and defines and dictates to the Minister of National Infrastructures and the Water Commissioner the basis for their actions with regard to the nation's water sources. The water, as public property, is subject to the control of the State and is designated for the needs of its residents and the development of the country. According to the law's definition, "water sources" denotes springs, rivers, lakes and other flows and collections of water, whether surface or subsurface, whether natural, regulated or installed, whether the water wells up, flows or stagnates at all times or occasionally, including drainage water or sewage effluents. The Water Commissioner, who is a cabinet appointed civil servant, implements the policy of the Minister of National Infrastructure, is responsible in effect and by law for all that occurs and is being conducted in the water economy, and represents the supreme government statutory authority, which is vested with the responsibility and powers of decision concerning the nation's water economy policy.

Since the recent crisis 2002 all activities in water sector are based on a new water sector policy that incorporates a sustainable development plan which is founded upon three basic components: 1. Ensuring water supply; 2. Social economic requirements; 3. Environmental and ecological needs. On the basis of this policy, the Water Commission consolidated a national master plan for the Israeli water sector. This master plan was originally built for the years 2002-2010 with the main goal of leading the water sector from a situation of crisis to a situation of stability. The plan has solid foundations of sustainable development. In conjunction with this plan another long term plan for the year

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2040 is being prepared as part of a national effort to implement strategic policies in all governmental ministries. The effort is being coordinated by the Ministry of Environment. Here some critical remarks from Prof. Emeritus Dan Zaslavsky on the occasion of the inauguration of Interdisciplinary Project entitled “Efficient Use of Limited Water Resources: Making Israel a Model State” in June 2000: • The authorities are scattered amongst 8 different ministries, with none of these holding the ultimate responsibility. • There has not been a comprehensive water plan for Israel as a whole, neither for the short nor for the long term, at least not over the last 15 years. • The last Water Commissioner worked with only one professional engineer. Yes, only one! • The Water Commissioner scolded his senior staff and threatened them not to publish data of which he did not approve. • Research and development diminished into a negligible economical volume of activity, about one part per thousand. The volume should in fact have been about 3%, or some 30 times more!. • During the last 23 years water commissioners did not have a professional educational background of any kind. • Under these circumstances it is only natural that only a minor number of students are drawn to study the fields of water sciences and engineering. • The present Prime Minister insisted on nominating as the head of the team for water negotiation the present incumbent, who does not fulfil any of the criteria required to hold this position. • The State Comptroller recently criticized the Prime Minister for not yet nominating a Water Commissioner when the Israeli water system is virtually in a situation of total collapse. As a result there has been nobody to whom to address these very serious problems.

Based on the 1959 Water Law, the Water Commission is appointed by the government. The commission is headed by the Water Commissioner, whose job is “to manage the country's water issues”. In 2001, the Water Commissioner became subordinate to the Ministry of (Agriculture) Infrastructure. Now, the person officially in charge of determining water policy is the Minister of Agriculture or the Minister of Infrastructure (depending on the structure of the government and the existing coalition). The person in charge of managing the water system is the Water Commissioner. Mekorot is responsible for supply and maintenance of the majority of the water, and Water Planning for Israel Ltd. (Tahal) determines the planning policy. Water consumers are represented by the Water Council. The Prime Minister may also become involved in national and security decisions directly or indirectly related to water due to the extreme sensitivity of this issue.

In order to solve the problem of fragmentation of responsibilities in the water sector a model for Israel's Water Policy was proposed with the following content:

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1. Establishing a chief authority for the overall management of the water resources. 1.1 Policy, planning, monitoring and control 1.2 R&D 1.3 Price policy 1.4 Funding and assistance (national budgets) 1.5 Delegating powers to subordinate authorities and control 2. Reducing over-pumping of water sources (surface and underground) and establishing a policy for enriching them anew. 3. Streamlining and saving on the use of water 4. Extensive utilization of recovered water 5. Utilization of rain and flood water 6. Desalination 7. Importing water 8. Preserving quality of water 9. Developing a water market (changing administrative orders) 10. Guarantee (quantity and quality) regarding agricultural usage of lands 11. Protection of nature and landscape sites 12. Water policy adapted to neighboring populations and countries

5.2.6 France Legislation In France, the organization of potable water supply services, waste and storm water collection and treatment is under the responsibility of municipalities or groups of communities. The autonomy of the communes is limited by national laws; especially the freshwater withdrawal and wastewater disposal is regulated. According to traditional French law, water is not subject to private ownership but public commodity as air. On national level the competences regarding water resources are mainly at the Ministry of Environment. Also the Ministries of Industry, of Agriculture and of Infrastructure have some authority and a National Water Committee (Comité national de l’eau) comprising of various stakeholders has a consulting function on major projects with national importance and general questions. Since 1966 the country has been divided into 6 river basins. A basin committee (Comité de basin) represents the local interests within each river basin. It is a kind of regional water parliament and has apolitical as well as an administrative role, in particular consulting function for fixing water tariffs. Furthermore, these 6 committees establish the water schemes for the respective river basins which regulates the use of the water resources. Beside the basin committees, the Water Agency (Agence de l´Eau) which are comparatively independent, play a major role in each river basin. They are not traditional administration authorities but have financial autonomy under the control of the Ministry for Environment. Their competence is tariff fixing and provide subsidies for investments in the water sector. As part of their water bill, consumers pay a fee to those agencies and to a national fund for water supply. Execution of water related laws is in the competence of the prefects of the 95 Départements which represent the national government to local administration authorities. One of these prefects within a region acts as basin coordinator

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(Préfet coordonnateur du basin) if there is a Water Agency in the region. Since 1987 the coordinator is assisted by a basin delegation (Délégué de basin) to enhance the coordination between the different sectors of water resource politics. Since 1994 each Département has a Mission interservice de l’eau (MISE) headed by a director nominated by the Ministry of Environment. The MISE supervises and coordinates the different water related tasks: ƒ Police de l’eau et des milieux aquatiques, water police - control and execution ƒ Directions départementales de l’équipement - water way and sea protection ƒ Directions départementales de l’agriculture et de la forêt - non navigable waterways ƒ Directions départementales de l’action sanitaire et sociale - drinking water quality, groundwater ƒ Veterinary department - agricultures companies ƒ Directions régionales de l’industrie et de la recherche - industrial companies

Organizational structure In France communities take charge of organizing potable water supply and storm and waste water collection and treatment either by themselves or by regrouping within syndicates. France has a long tradition in public private sector participation. Records show that the Perrier brothers supplied bulk water to some districts in Paris already in 1782. Presently about ¾ of the French population’s water supply and ½ of the population’s wastewater disposal is done by private operators. There are 15,244 water supply services and 11,992 sanitation services for 36,763 communities. The management of the service is carried out: ƒ either directly by the community itself, under the supervision of its Mayor and Municipal Council, elected by the inhabitants by way of direct universal suffrage; ƒ or by a syndicate regrouping communities and managed by a President and a Committee composed of delegates from the communities. Such syndicates regrouping communities may be: ƒ either a single-purpose syndicate (an intercommunity syndicate for potable water supply or sanitation ...); ƒ or a multi-purpose syndicate such as a community of communities, a multi-purpose intercommunity syndicate (SIVOM), that is simultaneously responsible for several public services (potable water supply, sanitation, household refuse collection, electrification, transport, education, swimming pools ...).

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Choice of management method: partnership with the private sector Local communities may, either entrust the management of their water supply services to a specialized private company or directly manage them by way of a Water Authority. The Municipal Council or the Syndicate makes this choice after a preliminary study of alternatives and terms of references while taking the local context into account. In France, the private sector has developed a remarkable "industry", that relies on the wide experience acquired by water suppliers in all tasks concerned with the management of services in synergy with the technical services of the State and communities. It has acquired know-how and has carried out research that place it at the leading edge for all integrated functions necessary to ensure potable water supply and storm and waste water collection and treatment.

DELEGATE MANAGEMENT In this case, communities delegate the management of all or part of their water supply services to a private water supplier within long-term contracts; "affermage" (leasing) and concession are the two types of contracts that are usually used: ƒ with "affermage", the community makes investments and only entrusts the operation of installations to a private supplier. The latter's services are paid by billing the water price and part of the income is paid back to the community to meet the technical depreciation cost and financial amortization of the supply network. Fig. 5-8: Delegated Management: Leasing “Affermage”

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ƒ with concession, the private company builds installations, operates them at its own expenses and recovers its cost by billing water price. At the end of the contract, it will hand the network and installations in working order back to the community.

Fig. 5-9: Delegated Management: Concession

This "delegated management" system has been proven in France for more than a century. In France today, the majority of potable water supply, as compared to the number of users covered, is implemented through delegated management (75%). The part of sanitation services entrusted to private companies is rapidly increasing (> 35 %). When a community decides to require the services of a private supplier, it will be within a multiannual contract defining the terms of references of the expected services and the water price to be paid by the users as well as price variations, and, in case of "affermage", the part paid back by the leaseholder to the municipality for investments. There are models of contracts that can guide communities in preparing specifications for the invitations to tender launched for choosing the service provider. Within a concession agreement, the future concessionaire must estimate the investments to be made at the beginning and during the contract period. The duration of a concession agreement may vary from 20 to 50 years, depending on the amount of investments to be made, water consumption and

132 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report price, while an "affermage" contract lasts from 5 to 20 years. In future these contracts are limited to a maximum of 12 years. This approach guarantees performance standards with precise contractual obligations and fairly distributes the risks to be taken among the partners.

DIRECT MANAGEMENT BY A WATER AUTHORITY The community, or an intercommunity syndicate of which it becomes a member, takes complete charge of investments for and operation of water supply services, of the relations with users, invoicing and recovery, generally through a municipal collector. The staff of the water authority is composed of municipal agents with a civil servant status. Today, except in some medium and large towns that have set up their own technical municipal services, water authorities are found in small rural communities. Fig. 5-10: Management by Authorities

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Fig. 5-11: Management with Private Leasehold

MIXED MANAGEMENT There are, of course, a lot of intermediate possibilities between direct and delegated management which prove the flexibility of the system. For instance, communities can decide to operate potable water production and intakes by themselves as water authorities and delegate water supply to private companies. Another example, the commercial aspect, i.e. relations with users (invoicing and recovery) is more and more entrusted to the private sector. Finally, there are also rarer cases: ƒ a profit-sharing water authority with a private manager, bound by contract and responsible for operating the public service, whose earnings include profit sharing as a compensation; ƒ a leasing contract, the principle of which is similar, the community paying the leaseholder a standard remuneration and deciding alone of tariffs; ƒ a semipublic company (SEM), that is a limited company in which public bodies hold at least 51 % of the capital and are associated with private enterprises holding at least 20 % of the capital.

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Fig. 5-12: Semi-Public Company

5.2.7 The Netherlands Legislation The Netherlands is in general considered as a county with an abundance of water. There seems no reason for government intervention. However, the government has been playing a strong role in the Dutch water markets. For almost 100 years, the central, provincial and local governments are heavily involved in the Dutch water sector. Although, the water companies, responsible for the treatment, transportation and deliverance of water, can, in general be seen as private companies, the shareholders are the local and provincial governments.

National Government The national Government creates the conditions for the waterworks to supply high quality drinking water. The Water Supply Act and the corresponding Decree on the Water Supply establish the conditions to be met. Regional inspectors of the Ministry of Housing, Spatial Planning and the Environment (VROM) monitor health aspects and hygiene. Extraction of groundwater has to be licensed by the provinces. The national government draws up policy, the provincial government is responsible for implementing this in measures and plans. The regional VROM inspectors guard the health aspects, hygiene and supply security of Dutch drinking water.

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Provinces and Department of Public Works and Water Management The policy as formulated by national government is converted into orders and plans by the provincial government. The province is responsible for the layout and content of the systems to protect groundwater in close consultation with the waterworks. The Department of Public Works and Water Management manages Dutch surface water which is also important for the drinking water supply, such as the IJsselmeer, and the rivers Rhine and Maas. The other waters come under the responsibility of the provinces and waterboards. They normally delegate these tasks to regional water boards.

Municipalities Municipalities play an important role in urban water management. They are responsible for collecting and discharging waste water via the sewer system and the laying out of the urban and surrounding areas.

Water boards The water boards (or District Water Control Boards) together with the Department of Public Works and Water Management are responsible for the quality and quantity of regional water in the Netherlands. The water boards monitor physical water levels in their region and discharge water if necessary. They also treat waste water, control the quality of surface water and physically maintain waterways and canals. Waterworks and water boards work together in some regions as both benefit from clean ground, clean rivers and canals. The umbrella organisation of the water boards is the Association of Dutch Water Boards (Unie van waterschappen).

Organizational structure The Netherlands have restructured their water and wastewater operator scene and reduced the number of operators in the past years from 111 to 24 and the plan is to reduce them further to 5-8. All of them are public. In 1995 the then 37 Dutch Water Companies syndicated the Association of Dutch Water Companies (VEWIN). New investments are financed practically to 100% through the Nederlandse Waterschapsbank (NWB), the Netherlands Water Bank which provides attractive financing to the water utilities and which re-finances itself on the international market. There is very little finance from the private sector.

The government decided to leave the water sector in public competence and that a systematic benchmarking process is the better way to enhance efficiency within the water sector.

5.2.8 Spain Legislation

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The concept of water resources management planning, in a systematic way started in the middle of the XIXth century. 95 years ago the River Basin Institutions were created, depending from the Central State, but acting as decentralized organisms, with a very strong participation from the different users: irrigators, hydroelectric companies and municipalities. They are one of the oldest river basins organisms in Europe, and from the beginning they were “modern” in their organization ways, their defined functions and goals, and the importance they gave to the hydrological planning, hydraulic public domain conservation and construction and maintenance from the infrastructures for water collection, regulation and transportation. The structuring element of hydraulic policy is the hydraulic planning which was legally introduced and regulated by the Water Act of 1985. In 1999 the Ministry of the Environment issued the White Book of Water in Spain which deals with water resources and water use in Spain. Also Basin Hydrological Plans for all Spanish basins have already been approved, as well as the National Hydrological Plan (NHP) which homogenize the individual basin plans and defines the eventual water transfers from one basin to another in the future to balance the unevenness of natural resources distribution. It also contains details on the investments required for waste water purifying which are shared by all the four administration levels. The Spanish Water Law refers only to surface and groundwater, whilst mineral and thermal water have their own legislation.

The urban water cycle involves a wide and diverse set of actors covering the various water uses (agriculture, drinking water, industry, tourism, fishing, etc.), government levels (EU, national, regional and local), and different agents (professional organisations, civil servants, trade unions, neighbours and consumers associations, environmental groups, political parties, institutional bodies, contractors, suppliers, private water companies, regulators, non profit organizations, etc.) Along the eighties and nineties, new actors with different interests and problem perceptions have entered the policy network.

The following table presents the relevant actors in the Spanish national context and their roles in the water cycle: Table 5-1: Actors and their Role in the Water Cycle in Spain ACTOR ROLE IN WATER CYCLE MINISTRY OF ENVIRONMENT

Government Person responsible for taking final decisions regarding water policy Minister of and environment as well as for designating the competent bodies Environment heads.

General Secretary Water resources planning through the National Hydrological Plan of Water and design and development. Costs Water infrastructures implementation when works are competence of the State, adapting them to the different budgetary scenarios. Design and implementation of the water and costs regulation within the central administration competences. Coordination and common actions with the Autonomous Communities regarding sewerage and water treatment policy as well as

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management of the Spain and EU relationship in this field.

General Direction Design, monitoring and revision of the National Hydrological Plan as of Hydraulic well as assistance to the River Basin Institutions to elaborate their own Works and Water relevant Hydrological Plan. Quality Execution and control of the projects and works which are competence of the General Direction of Hydraulic Works and Water Quality under the corresponding plans. Researches development, exploitation works, preservation and control of aquiferous as well as sewerage and water treatment infrastructures, when State competence. Design and monitoring of the Sewerage and Water Treatment National Plan

River Basin Design, monitoring and revision of the River Basins Plans, Institutions9 administration and control of the public hydraulic authority as well as management of the general interest exploitations. Design, construction and exploitation of own works or entrusted by State agreement, or by the CC.AA. or the Town Halls. Some of its attributions are granting of authorizations and concessions relating to the public hydraulic authority, as well as the inspection and monitoring of granted conditions performance. Protection and management of the public hydraulic domain goods as well as control and monitoring of the water quality levels and dumping to the public hydraulic domain. A relevant feature is the important participation of the Autonomous Communities and the final users (city council, farmers through the Irrigators’ Associations, manufacturers, etc). This participation refers to direction tasks through Government Board, to management tasks through Users’ Meeting, Exploitation Committee or the Damming Commission, and finally, participation refers as well to planning through the River Basin Water Council. Every president of the River Basin Institutions is named by the cabinet after the proposal of the Government minister of Environment.

State Firms for Promotion, construction and exploitation of hydraulic works Constructing and (environmental ones included) taking part in the capital of the firms Exploiting formed with these purposes. These State Firms have capacity to Hydraulics Works finance, to sign agreements with private firms and to take part in (commonly named temporary associations of companies. Although they were set up to Water Companies) channel private funding for infrastructures, cover national debt and to speed up management, nowadays are criticized because in fact they promote public procurement opacity and lack of public control. Presidents of the Water Companies are named by the relevant River Basin Institution president.

MINISTRY OF AGRICULTURE

Planning of the agricultural policies and uses, together with the relevant Autonomous Communities ministries. Design and development of the Irrigation National Plan, key element to establish the national water demand.

AUTONOMOUS COMMUNITIES

Competences regarding water and environmental issues are organized through the corresponding Autonomous Communities ministries. Its real decision making and influence

9 in case of intercommunity basins they depend administratively on the Ministry of Environment and in case of community basins they depend on the respective Autonomous Community

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MUNICIPALITIES

It is their duty to render water supply and sanitation services. They all are grouped under the Municipalities and Provinces Spanish Federation (FEMP) which represents an influential lobby facing the Ministry of Environment and the Autonomous Communities.

PRESSURE GROUPS

Business’ organizations

Hydroelectric Multinational firms with great influence in the national market and companies increasing market share in other countries, especially in South America, such as IBERDROLA, UNION FENOSA or ENDESA

Public Works Construction and services companies such as ACS-DRAGADOS, Construction FCC or FERROVIAL. They are grouped under the employers’ Companies organization SEOPAN

Water services The most important private companies are part of two firms linked companies with the greatest international water companies: AGBAR Group Aguas de Barcelona, which manages around 50% of the water private business, and AQUALIA, belonging to the FCC Group, with a market share of the water private business in Spain of around 40%. These companies are multinational and multiservice firms which compete in the Spanish market with some public companies such as EMACSA, EMAYA or CYII

Irrigation Communities

They received most of the water which is used and never come back to the water system. These communities have a significant influence on the hydrological planning and the water management as well as on the River Basin Institutions’ activities.

Spanish Association of Water Supply and Sewerage (AEAS)

Participation of most of the public and private companies of the field as well as the relevant Administrations. Its objective is to facilitate communication among all the agents involved in the water cycle, to collaborate with the corresponding Administrations regarding legislation, regulation and technical updating, as well as to foster common understanding between professionals of the sector and final users.

Public Services Unions

As influential institutions as a whole they oppose privatisation and deregulation and they also represents employees of public water companies interests. The unions which represent most of the workers are CC.OO and UGT.

Other civil associations

Environmentalist These groups take an active part regarding the water issues and groups resources management. Although they are represented in the Water National Council its influence at the institutional level on the decision making process is very limited. However, its social mobilization is getting more important every day. In a few municipalities they collaborate designing and implementing demand management policies.

Consumers They are also represented in the Water National Council associations

Neighbours

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associations

Others

University and Scientific community with a great influence through researches and public research technical and critical studies of wide dissemination. institutions

New Water It raises public awareness and disseminates information and critical Culture interdisciplinary studies to analyse the most important water Foundation management problems in the Iberian Peninsula and other territories of Spain and Portugal, working towards a new sustainable model of development since 2003.

Irrigation The total area equipped for irrigation in Spain is 3.761 Mha, out of which 3.345 Mha is effectively irrigated every year. The area irrigated by groundwater is 0.943 Mha while 2.402 Mha is served by surface water, of which 98,500 ha is irrigated with transferred water, 24,000 ha with return flows, 17,000 ha with treated waste water and 551 ha is irrigated with desalinated water. Various irrigation methods are used in the country. As per 1997 estimates, while 1.981 Mha are served by gravity irrigation, 0.801 Mha use sprinkler irrigation and 0.563 Mha use micro irrigation systems. Being historically an old country, Spain has a long tradition of irrigated agriculture, as such many of the irrigation installations are very old. It is estimated that more than half of the present irrigation systems are over 40 years old, of which over 1 Mha are more than a century old. The National Irrigation Plan has therefore, considered improvement and rehabilitation of some 2.035 Mha of irrigable land by the year 2008. Special mention shall be made to the Spain's centenary experience in irrigation which has resulted in the present strong institutional network for water administration, management and equitable use, extending from the State to irrigation farmers whose associations or Irrigators Communities are world famous, as the almost 1,000 year old Water Tribunal of Valencia, and others, and are an example that has been taken as model by many other countries all the world over.

Table 5-1: Annual Water Demand in Spain Uses (Hm3/year) % Urban 4.667 13 Industrial 1.647 5 Irrigation 24.094 68 Water cooling 4.915 14 Total 35.323 100 Source: White Book of Water, 2000

Organization Spain has an important tradition concerning public water management. The concepts of river basins institutions, water as public hydraulic domain, and hydrological planning are all set out from the Public Administration point of view. Still part of the water is considered as private, like bottling water, subjected to

140 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report mining legislation. Despite the low volume that represents (300 hm3 in 1994), the business associated moves important amounts of money (around 500 millions of Euros). Another exception are the Canary Islands, where a different water legislation exists and the private ownership of underground water, as well as its marketing, is allowed.

Privatization in Spain can be observed at different levels. On one side the Public Administration itself, has promoted structural changes that suit privatization. On the other side private sector has also been promoted in waters destined for irrigation. Water supply and sewerage management is also been privatized as well as big hydraulic infrastructures management (supply and regulation reservoirs, main water pipelines, pumping stations…).

Concerning the first aspect, participation of the Public Administration, following points shall be mentioned:

a. The Water Law reform in 1999 (Revised Water Law Text), introduced the possibility of transferring water management rights to a third party, making the existence of a regulated water market easier. b. The extension of the contracts for water infrastructures constructions to the possible long-term service exploitation (up to 75 years), to facilitate financing through the water price to be paid by citizens. This kind of contract (concesión) means practically a privatization of the infrastructures. c. The creation of the State Firms (Sociedades estatales), inside the River Basins Institutions, to manage the hydraulic works, which also promotes contract. d. The externalization of activities, which are characteristic and common for water administrations.

Irrigation infrastructures are privatized when they are transferred from the State to the different irrigators associations, which afterwards contract their management to private companies.

Most traditionally privatisation affects water management in the urban areas, water supply, sewerage and disposal. An increasing tendency to privatise these services is observed, as well as a concentration process around multinational companies. Still public management predominance can be observed, as it is shown in the next figures, according to the just mentioned survey from AEAS. The percentage refers to population served:

Own corporation 7% Public company 45 % Private company 36% Mix company 11%

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Others 1%

Concerning private management two important groups operate in Spain, AGBAR and FCC. Both of these are multinationals with a significant international expansion tendency. (AGBAR has a participation of 30% from Suez-Lyonnaise, and FCC 28 % from Vivendi). Together they are in charge of 85 % of private water management in Spain.

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6 PROPOSED RAISING OF GOVERNMENTAL STATUS OF CWR AND IMPROVEMENT OF ITS CAPACITY

6.1 REQUIRED RAISING OF GOVERNMENTAL STATUS 6.1.1 The Main Shortcomings The Committee for Water Resources of the Ministry of Agriculture of the Republic of Kazakhstan can in its present Governmental status, being a Committee under the Ministry of Agriculture never perform the duties and responsibilities entrusted assigned to it by the Water Code and by the national and international obligations of the Government of Kazakhstan with respect to protection and management of the national water resources. In summary, the main reasons for this are: 1) Kazakhstan is rich in everything, but water; water resources are limited - nevertheless sufficient, if well managed; such management is currently not performed at all, as it requires a Government body, being superior and strong enough to co-ordinate several Ministries and Government agencies; this does not exist in Kazakhstan; 2) International best practice of water resources and water use management is by “Integrated Water Resources Management” (IWRM) which is to be done by Basin Water Organizations (BWO), under the co-ordination of CWR; the international community is willing to provide assistance in establishing it, but for realization, it requires the institutional empowerment of the CWR and the BWOs; 3) The Chairman of the CWR is not a Government member and so does not have the capacity to give instructions to other Government organizations; 4) Kazakhstan strongly depends on transboundary water resources (44% of the resources is formed abroad) this entails that much efforts needs to be put into negotiations and good relations with neighbouring countries. Kazakhstans water sector is not represented at equal Government levels with the neighbouring countries, so has a serious disadvantage with respect to diplomatic protocol issues and when it comes to transboundary negotiations; The Chairman of the CWR has to go through the Minister of Agriculture and Minister of Foreign Affairs which takes out every negotiating power; 5) Currently there is no national organization in charge for water supply, sewerage, wastewater treatment and storm water discharge services to provide operational rules, technical standards and service quality monitoring regulations ensuring quality service; naturally this should be CWR, but needs to be empowered; 6) There is no organization in the country who is empowered to carry out management of water quality monitoring; 7) There is no organization in the country who is empowered and technically capable to compile and store in a comprehensive data base all water information collected by the different state organizations; such data are a prerequisite for future planning;

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8) The CWR can never carry out in its present Governmental status many of the important tasks and obligations defined in the Water Code, among those are the following ones: a. Develop and implement state policies for water use and protection; b. Develop plans for complex use and protection of water resources; c. Develop programs for water sector development; d. Develop financing mechanism for investment projects with Government subsidies; e. Exercise state control for water resources use and protection; f. Exercise public records of water resources, use and maintain water cadastre; g. Create a database and permit access to concerned parties.

6.1.2 Guiding Principles Chapter 5 outlined the institutional arrangement and experience of selected countries. Taking this experience into consideration when deciding on the institutional level of the “water management authority”, the following are the main principles to be observed: 1) Empower “water management authority” sufficiently to be able to do IWRM i.e. to co-ordinate other Ministries and state agencies; 2) Avoid conflict of interest between “water management authority” and “biggest water consumer” (Ministry of Agriculture); 3) Put “water management authority” at least on equal Governmental status as exists in neighbouring countries (transboundary issue).

6.1.3 Possible Institutional Forms of the “Water Management Authority” The following are the possible alternatives for the institutional form of the “water management authority”.

6.1.3.1 Option 1: CWR under the Ministry of Agriculture (status quo)

This is actually the status quo and no arguments need to be presented, as the inadequacy of the current status has been described in detail in the previous chapters.

6.1.3.2 Option 2: Ministry of Agriculture and Water Resources Management

This option entails that the issues of water management are integrated into the Ministry of Agriculture and become an equally important and accredited department in the ministry, being headed by the First Deputy Minister for Water Resources Management. If this solution is adopted, it still would require to establish in addition a “National Water Strategy Commission”. – Similar to the establishment in the Kyrgyz Republic. This organization would have to report directly to the Deputy Prime Minister of the Republic, or the President of the Republic. It is an advisory body

144 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report for rational use and protection of water resources and only such a body could ensure that the ministry is sufficiently empowered to carry out the co-ordinating role of IWRM. However, this solution still has the disadvantage that the chief water resources manager (1st Deputy Minister) has in his ministry an equal counterpart being the largest water consumer and the Minister himself would continuously have a conflict of interest. Experience of countries with water scarcity (e.g. Israel) shows that this is not a sustainable solution.

6.1.3.3 Option 3: State Agency for Water Resources Management;

This option foresees the establishment of a State Agency. The head of the agency is not member of the Government, but reports directly to the Deputy Prime Minister. This is a good option, but could possibly cause a slight disadvantages with respect to transboundary issues. It further would need to be clarified, if the state agency should have a kind of “National Water Strategy Commission”, or if this could be omitted, considering that such coordinating function can be taken up by the Deputy Prime Minister.

6.1.3.4 Option 4: Ministry of Water Resources Management

This solution calls for a separate ministry for managing the water resources. This is certainly a very good solution, as it ensures a unbiased decision making regarding water resources management. If this solution is adopted, it is nevertheless necessary to establish in addition a This organization would have to report directly to the Deputy Prime Minister of the Republic, or the President of the Republic. It is an advisory body for rational use and protection of water resources and only such a body could ensure that the ministry is sufficiently empowered to carry out the co-ordinating role of IWRM.

6.1.4 Recommended Institutional Form Considering above outlined arguments, a table has been prepared comparing the possible solutions. The table includes tasks which the “water management authority” will have to implement, but includes also “other” arguments which are considered relevant in the decision making.

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Table 6-1: Selection of Best Status of “Water Management Authority” Option 1 Option 2 Option 3 Option 4 Criteria CWR MoA & State Mo under WRM Agency WRM MoA for WRM Responsibilities per water code 1 Development of water policy 2 2 3 3 2 Develop programs for sector improvement 1 1 3 3 3 Development of master plans (complex schemes) 1 1 3 3 4 Approve consumption rates and water use regulations 2 2 3 3 5 Licensing and permits for users on republican level 2 2 3 3 6 Develop mechanism for financial support for infrastructure 1 1 3 3 7 Control of water resource use and protection 1 2 3 3 8 Data base, state water cadastre 2 2 3 3 9 Water information centre; public relations 1 1 3 3 10 Coordinate state water institutions (GGME, etc) 2233 11 intergovernmental cooperation, secure investment funds 1 2 2 3 12 develop & implement state program for feasible group WS 1233 13 develop and realise private sector involvement 1 1 3 3 14 Secure & improve interregional/intern. facilities 1 1 2 3 15 Data collection for certification of water facilities 1 1 3 3 16 Participate in commissioning of complex facilities 2 2 3 3 Others 17 Ability to focus on water issues only 1 2 3 3 18 Independence 1 1 2 3 19 Transboundary negotiations and agreements 1 1 2 3 20 Minimal political influence 1 1 2 3 21 Flexibility 1 1 3 3 22 Status of employees 1 1 2 3 23 Monitor & control drinking water supply and sanitation 1 1 3 3 24 Support development of irrigation systems 3333 Total 32366672 Average (max = 3, min = 1) 1,33 1,50 2,75 3,00 Note: 3 = very good 2 = good 1 = weak

The same points can be given to more than one options;

Using this ranking, the best solution is obviously the establishment of a Ministry of Water Resources Management, in combination with a “National Water Strategy Commission”. The second best option would be the establishment of a State Agency for Water Resource Management. The two other options clearly fall behind and hardly reach 50% of the possible score. None of these two options are good enough for implementation.

Based on the extensive investigations done into the water sector in the Republic of Kazakhstan and considering international experience, it is recommended to establish a Ministry of Water Resources Management (MoWRM) in combination with a National Water Strategy Commission.

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The organizations currently subordinated to the CWR (like BWOs, RGPs etc) will follow in this transfer and be under the control and monitoring of the MoWRM. BWOs will then be able to actually establish river basin plans on the principles of integrated water resources management. – Note that this requires the amendment of the water code.

6.2 REQUIRED CAPACITY IMPROVEMENT Independent of the future institutional status and type of the “water management authority”, this authority being currently the CWR needs a substantial capacity increase. 6.2.1 The Main Reasons for Capacity Increase The CWR has no chance to perform with the current capacity at the head office and in the BWOs the duties and responsibilities assigned to them. The urgent needs are: 1) Increase human resource capacity (number of staff); 2) Improve office facilities; 3) Provide sufficient financial means to enable efficient work.

The main reasons for the imminent capacity increase are: At CWR Headquarters: 1) Small number of staff (34) can only do “emergency response” work, but has never enough time and resources to move from “emergency response” to “active planning”; 2) The number of staff is even too small to cope in a well structured and organized way with the present work load; it requires permanently support from external sources to cope with currently ongoing international and national projects; 3) The number of staff has by no means any chance to take up the additional tasks assigned to the CWR on the basis of the Water Code; - however, efficient management of the limited water resources requires this work; the most important new tasks to be taken up urgently are: a. Development and organization of integrated water resources management (institutional arrangements and guidelines for master planning) (to be implemented by the BWOs); b. Revision and refining the water sector strategy, and development of implementation rules and regulations; c. Establishment of a unit for co-ordination and monitoring of water supply and sewerage d. Establishment of a financing mechanisms for rural water supply and irrigation projects; e. Identifying investment projects, based on objective priorities and formulation of a priority action plan;

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f. Organizing water quality monitoring; g. Establishment of a water cadastre and water data base; At BWO Level: 4) Upgrading (institutionally) and capacity increase of BWO to enable them to start implementation of integrated water resources planning.

6.2.2 Proposed Capacity Increase CWR Headquarters There is currently the project “National Plan for Integrated Water Resources Management and Water-saving in Kazakhstan”, supported by UNDP, the Global Water Cooperation and the Government of Norway ongoing. This project has also elaborated the need for CWR´s capacity increase. Also this project comes to the conclusion that the imminent increase of staff at CWR Headquarter must be by 35 people, resulting in a total of 69 staff. Table 6-2 outlines the staffing needs and the organizational units to be upgraded or newly established.

Table 6-2: Immediate New Staff Requirements for CWR Department / Area Education / Expertise No. of Staff Department for Department Head 1 Implementation of National Legal Specialist 1 IWRM Plan Public Administration Specialist 1 Environmental Specialist 1 Water Quality Specialist 1 Agricultural Specialist 1 Industrial and Domestic Water Specialist 1 Technical Support Staff 4 Total IWRM Plan Dept. 11 Planning Department Water Resources Planner 2 Economist / Financial Planner 1 Technical Staff 2 Total Planning Department 5 Water Information Centre Department Head 1 IT Specialist 1 Technicians / Data Entry 6 Total Information Centre 8 Public Awareness Department Head 1 Department Programme Developers 2 Technical Staff 2 Total PA Dept. 5 Dam Safety Department Dam Safety Engineer 1 Technical Staff 2 Total Dam Safety Dept. 3 Legal / Environmental Dept. Legal Specialist 1 Environmental / Ecologist 2 Total Legal / Enviro. Dept 3 Total Minimum New Staff Committee for Water Resources (2006) 35

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Below follows a more detailed justification for the staff increase.

Department for Implementation of the IWRM Plan The most immediate concern is the preparation and implementation of the National IWRM and WE Plan. A specific department is recommended to oversee this task but several of the staff assigned to other departments will also be contributing to this most important task. The individual staff are described briefly below. • Department head - to oversee and take responsibility for implementing the National Plan, this person should be an overall water resources expert with training and experience in economics. • Legal specialist – of relatively high status so that he/she can meet with people at Deputy Minister level and other high ranking civil servants. He/she is to take a legal role in implementing the 2003 Water Code, in ensuring the Environment Code to be completed in 2006 is in line with, does not contradict and coordinates with the Water Code. • Public administration specialist – to drive the coordination and linkage between local administration and water resources management. • Environmental specialist – with knowledge of environmental and ecological water needs to coordinate with Ministry of Environment and drive the environmental component of the IWRM Plan. • Water quality specialist – with experience and training in water quality monitoring and assessment to drive the improvement of water quality. • Agricultural specialist – with knowledge in agricultural water needs and water efficiency. • Industry and domestic water use specialist – with knowledge of industrial water use and municipal / rural domestic water use. • Technical support staff - with varying experience from economics to environment to water users to monitoring to information technology. Planning Department Water resources planning is a very specialised skill and necessary to avoid costly and wasteful mistakes in building unnecessary or inappropriate infrastructure. The department requires: • Water resources planners – should be well trained in planning and in water resources modelling to lead the overall planning of the CWR. • Economist / financial planner – needs to be knowledgeable of government spending plans across all sectors in order to coordinate water resources management spending with the national budget. • Technical staff – with water resources or environment or economics backgrounds to assist in gathering and processing information. Water Information Centre The Water Information Centre has been planned for two years already but has yet to receive any funding. Information is always the key to good management

149 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report and the Information Centre must now be a priority. The Water Information Centre is a national body which will collect and process data for specifically national concerns. It should also manage summarised data generated in the river basins which supports national analyses. Primary data collection and processing of river basin oriented information should be done at the river basin level within the RBO Information Departments. The Water Information Centre requires, as a first step: • Department head – this person must have water resources management knowledge and some data management experience. • Information technology (IT) specialist – who will be responsible for the technical aspects of data base creation and management. • Technicians / data entry – several technicians are required to gather primary data and carry out the basic analyses to turn the data into useable information. They should have water management training. Public Awareness Department There is already a public relations department within CWR and the public awareness department here should be amalgamated with it in some way. It is discussed separately to make the point that public awareness must become a more important part of CWR’s work. It is well understood that an informed public helps to drive improvements to water and environmental management which supports the work of the CWR and other organisations in implementing IWRM in Kazakhstan. As an initial step in creating a Public Awareness department the following staff are needed: • Department head – this should be a person trained in public awareness or journalism and have connections with public information organisations and experience in public information including web site management. • Programme developers – should also have specific PA experience and writing skills and a good understanding of the issues in water and environmental management. • Technical staff – with skills in graphics, web design and other forms of information management and presentation. Dam Safety Department The safety of dams and other hydraulic structures is a growing concern as the age of many structures approaches their design lives. Structures need to be assessed and monitored with recommendations on actions made annually. This requires at a minimum: • Dam safety engineer – who takes responsibility for inspection, assessment and recommendations on interventions to ensure the safety of dams and other structures. • Technical staff – to support the engineer in inspection, data collection and data management, which should include asset management software. Legal / Environmental Department The purpose of this department is initially to ensure that the Environment Code, to be completed in 2006, is linked with the Water Code and to determine areas

150 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report where gaps need to be filled in the Environment Code and the Water Code to cover all the necessary aspects of water and environmental management as a part of IWRM. This requires: • Legal specialist – who has experience both in the water sector and the environment sector and with contacts in the Ministry of Environment to work with those preparing the Environment Code. • Environmental / ecologists – to provide information on environmental and ecological matters and how they pertain to water resources and IWRM.

As described above, the consultant of this STTA study analysed the organisational and staffing needs on the basis of the tasks to be covered, the answers of CWR staff members on the questionnaire and the proposals developed by CWR themselves. This analysis has led to a very similar required staff increase at CWR headquarters namely 36, reaching a total staff of 70. However, different to the UNDP study is the required qualification of staff and also the organisational structure. This staff increase is the immediate need and it will have to go in parallel with the establishment of a new internal organization, the creation of new departments and divisions. The proposed internal re-organization includes the establishment of a 3rd position of Deputy Director, of one new department and doubling the number of Divisions from 6 to 12. An important issue is that the new organization considers also the proposed roles of the water management organization, to care also for organization and monitoring of municipal water supply and sanitation and of amelioration and rural water supply issues. However, the management organization shall restrict its responsibility to develop policies, standards, guidelines and possibly to organize the development of the sector, but not to actually implement sector development. It is evident, that the staff increase needs to be accompanied with enlargement and improvement of office facilities, office equipment and appropriate budgets for operation and maintenance. Figure 6-1 shows the proposed organization chart for CWR Headquarters.

6.2.2.1 BWO Staff Increase

Above capacity increase does not include the strengthening, required at WBO level in order to be able to carry out integrated water resources management. A more detailed plan shall be developed under the project National Plan for Integrated Water Resources Management and Water-saving in Kazakhstan.

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Fig. 6-1: Proposed Organisation Structure and Staffing of CWR Headquarters (70 people) Chairman Deputy Chairman

Deputy Chairman Deputy Chairman Department for financing, legal work and human resources Department for regulation of - 13 people water resources use and protection - 21 people Department for coordination of water economy activities Department for Department Director – - 21 people investments and 1 p. procurement Division for programming water - 11 people Financing Division resources use and protection – 4 people 5 Division for development of public water supply and Department Director – sanitation systems 1 p. Division Head – 1 people 6 Senior Specialist – 2 people Leading Specialist – 1 people Division for analysis of water Investments Division resources use and efficiency 5 – 5 people Accounting Division – 4 Division for development people of water saving Division Head – 1 people Division of international relations, technologies for Senior Specialist – 3 people Leading Specialist – 1 people transboundary and inter-oblast water industries 7 Division Head – 1 people apportioning 5 Senior Specialist – 2 people Leading Specialist – 1 people Division of public purchases – 5 people Division for state support Division for legal Division for information and innovation to agricultural water work and human support, State water cadastre and water supply and land Division Head – 1 people resources – 4 monitoring 5 amelioration Senior Specialist – 3 people people 7 Leading Specialist – 1 people Division Head – 1 people Senior Specialist – 2 people Leading Specialist – 1 people

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7 LITERATURE

Earth Trends, The Environmental Information Portal CIA – The World Factbook The World Development Indicators database of the World Bank

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8 ANNEXES

Annex 3-1: Tariff estimate for water supply and (or) sanitation services

№ Cost items Unit Water supply services Sanitation services 1 Costs for providing services, total (items 2 – 6) thousand KZT 2 Tangible costs, including - “ - Raw stuff and materials - “ - Fuel and lubricants - “ - Fuel - “ - Energy purchased - “ - Water purchased - “ - 3 Remuneration, including - “ - Salary - “ - Social tax - “ - 4 Depreciation of fixed assets - “ - 5 Repair, including - “ - Capital repair not resulting in fixed assets cost increase - “ - 6 Other costs, including: - “ - Communication services - “ - Transport of freight by outside organizations - “ - Security services - “ - Bank services - “ - Travel expenses - “ - Personnel training - “ - Labor protection and safety measures - “ - Payment for the use of natural resources (water and - “ - others) Start-adjusting works - “ - Disinfection, deratization of production facilities, refuse - “ - collection and other public costs Obligatory insurance - “ - License acquisition - “ - Environmental protection - “ - Other costs (breakdown) - “ - 7 Period costs, total (items 8 – 10) - “ - 8 General and administrative, including - “ - Salary of administrative personnel - “ - Social tax - “ - Bank services - “ - Depreciation of fixed assets - “ - Maintenance and servicing of technical control means, - “ - communication centre, computer facilities and etc. Public utilities - “ - Services of outside organizations - “ - Travel expenses - “ - Representation costs, communication, printing and etc. - “ - Labor protection and safety measures - “ - Rent of fixed assets of common economic use - “ - Other costs (breakdown) - “ - 9 Costs for marketing service operation, including - “ - Salary - “ - Social tax - “ - Costs for paper work (receipts) - “ - Depreciation of fixed assets (including water meters) - “ - related to sale of services Operating repair - “ -

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Capital repair - “ - Marketing services - “ - Others (breakdown) - “ - 10 Costs for payment of interest - “ - 11 Profit, including - “ - Capital repair resulting in fixed assets cost increase - “ - Other costs covered out of profit (breakdown) - “ - 12 Total income (items 1, 7, 11) - “ - 13 Amount of services provided Thous. m3 14 Standard losses % thous. m3 15 Tariff tenge/m3

Annex 3-2: List of Ongoing Respectively Recently Completed Projects with International Assistance in the Water Sector of Kazakhstan

№ Projects Source Status of Finance 1. Trans basin Projects Northeast Kazakhstan Water Supply and Sanitation Project; Water Consumption, Demand, Distribution Network, Leakage 1 World Bank Ongoing Management, Production and Treatment Facilities Analysis for the Cities of Karaganda, and Kokshetau. 2 Water resources Control (management) and lands rehabilitation. World Bank Ongoing Environmental Assessment and Management Plan for the 3 World Bank Completed Northeastern Kazakhstan Water Supply and Sanitation Project. World Bank Water in Astana. Demand and Supply. Analysis of costs and 4 Holland Completed profits. Trust Fund Wastewater Studies for Karaganda, Temirtau, Kokshetau and 5 EC/TACIS Completed Atyrau. 6 Farm Restructuring Sector Development Program. ADB to be completed in 2005 7 Preparation of the sector project rural water supply and ADB Completed sanitation. 8 Rural settlements water supply and sanitation. ADB Ongoing Government 9 Water supply and sanitation in Karaganda oblast. IDB Ongoing Government Institutional Strengthening for Rural Water Supply and 10 ADB Completed Sanitation Sector Services. Institutional Strengthening of the Committee for Water 11 ADB Ongoing Resources. Specification (amendment) of the sector program “Drinking Ongoing 12 ADB water”. 13 Rural regions water supply plan. JICA Ongoing 14 Human Development Report «Kazakhstan 2003». UNDP Completed 15 Support of regional water resources management and TACIS Completed Institutional Strengthening of Basin organizations for effective water resources management. 16 Water Resources of Kazakhstan in a new millennium. UNDP Completed 17 Studies on the Irtysh-Karaganda Canal. Government Completed of Italy 18 Private Sector Participation for Water and Wastewater Services World Bank Completed in Small and Medium Towns. 19 Program - Energy and Water. Improved management of Critical USAID Ongoing

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Natural Resources. 20 Strategic Plan "Ecology and Natural Resources". UNDP Ongoing TRAC and Government Assistance of DEPA on Aarhus Convention realisation in Danish Ongoing Kazakhstan. Environmental 21 Protection Agency (DEPA) Kazakhstan: Integrated Conservation of Priority Globally UNDP/GEF and Ongoing 22 Significant Migratory Bird Wetland Habitat: A Demonstration in Government Three Sites. UNDP, Ongoing Integrated Water Resources Management and Water Use in 23 Government Kazakhstan. of Norway 2. Irtysh river basin Action Programme for Improvement of Water Quality in the Government 1 Completed Irtysh River Basin. of France Irtysh River Basin Transboundary Water Management Project. GEF and 2 Government Ongoing of France Proposals for the Remediation of Contaminated Groundwater Completed Government 3 and Hazardous Industrial Waste Sites in the Ust-Kamenogorsk of Germany Area, Kazakhstan 4 Study Cost Efficient Methods for Decrease of Contamination EC Completed Hazards from Heavy Metals in Industrial Centers on the Example of the Mercury Pollution at Chimprom Pavlodar (Study of Mercury Pollution at Chimprom Pavlodar). Support to the Implementation of Environmental Policies and EC/TACIS Completed NEAPs in the NIS; Kazakhstan, Sub-Task 10g "Development of a Pilot Regional Financing Strategy for Urban Water Supply 5 and Sanitation Sector".

6 Ust-Kamenogorsk Environmental Remediation Project. Government Stage of of Japan Preparation 7 Semipalatinsk region Rehabilitation Program. TACIS, DFID Stage of (UK) Preparation 3. Ishim river basin Feasibility Study on Water Supply and Sewerage in the City of Government Completed 1 Astana in the Republic of Kazakhstan. of Japan

Detail Design on Water Supply and Sewerage in the City of Government Completed 2 Astana in the Republic of Kazakhstan. of Japan

3 Infrastructure of Astana City: 2 parts. KFAED Completed 4 Nura-Ishim River Basin Management Project. DFID (UK) Ongoing 4. Tobol-Torgay river basin Joint River Management Programme on Monitoring and EС/TACIS 1 Assessment of Water Quality on Transboundary Rivers. Ongoing

5. Ural-Caspian river basin 1 Atyrau Pilot Water and Sewerage Project. Akimat of Atyrau Completed region and World Bank

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Atyrau Municipal Infrastructure Development Project, Akimat of Atyrau Kazakhstan; Improvement of the Drainage System in the City of region and 2 Ongoing Atyrau. EBRD

Caspian Environment Program: Biodiversity preservation, World Bank sturgeon stock recovery and preservation by fishery melioration, Stage of 3 fishery stock reproduction and protection. Preparation

4 Caspian Regional Ecology Programme. Government of Ongoing КЛ, ЕС/ТАCIS, UNEP, UNDP, World Bank, Private Sector, GEF

6. Nura-Sarysu river basin 1 Nura-Ishim Basin Environmental Management and World Bank Ongoing Rehabilitation Project: Nura River Clean-up Project.

2 Kazakhstan Dam Safety Study, Intumak Reservoir. World Bank Completed

3 Mercury Pollution Monitoring and Intumak Reservoir Study. World Bank Ongoing Design of Yntumak Reservoir Rehabilitation and Technical Re- World Bank Ongoing 4 Equipment

7. Shu-Talas river basin 1 Feasibility Study for Vodokanal Taraz. Government Completed of France 2 Strategy note «Integrated management of water resources in EC-TACIS Completed Talas river basin».

8. Balkhash-Alakol river basin Almaty Potable Water and Sewerage Project, Kazakhstan, EBRD and Rehabilitation and Extension of the Water Supply and Sewerage Government 1 Network in the City of Almaty (Almaty Sui). of France Ongoing

2 In-situ Conservation of Kazakhstan´s Mountain Agrobiodiversity. GEF Completed

3 Ili-Balkhash Basin - Sustainable Development Conception. GTZ, Completed Germany 9. Aral-Syrdarya river basin Feasibility Study «Kazakhstan - Water Supply, Sanitation and KFAED (Kuwait Completed health». Fund for Arabic Economical 1 Development)

Feasibility Study «Syrdarya River Control and Northern Aral Government of Completed Sea». Japan and 2 World Bank

«Kyzylorda - Pilot Water Supply Project» (Aralsk and World Bank Completed 3 Kazalinsk regions). and Government

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4 «Kyzylorda - Pilot Sanitation Project» (Aralsk and Kazalinsk World Bank Completed regions).

5 «Aralsk Water Supply Project» (Full-scale project). KFAED Ongoing 6 «Kazalinsk Water Supply Project» (Full-scale project). KFW Ongoing Syrdarya River Control and Northern Aral Sea Project. Phase 1. World Bank and Ongoing Government 7

Completed Institutional development and reforms of the policy aimed at ADB and 8 improvement of water resources management . Government

Program of actions for improvement of ecology and social- Completed 9 MFCA economic situation in Aral sea basin for 2003-2004 .

Ecology safety development in Kyzylorda oblast (fight against 10 desertification by the sustainable water resources ЕС Ongoing management).

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Annex 4-1: Example of BWO Regulation

Approved Order of the Committee for Water Resources Ministry of Agriculture Republic of Kazakhstan Dated 8 July 2005 № 136 STANDARD REGULATIONS On Basin Water Organization of the Committee for Water resources of the Ministry of Agriculture of the Republic of Kazakhstan (state management authority)

1. General 1. Basin Water Organization (further - BWO) is a regional authorized body (its activity and competences effect on the territory of two or more oblasts) in charge of water resources use and protection. This authority has its divisions in oblasts and exercises its activity within the competence of the Ministry of Agriculture of the Republic of Kazakhstan. Its activity covers special executive and control and supervision functions in the field of water resources use and protection. These functions is assigned by the Constitution of the Republic of Kazakhstan, by laws and other legal acts and by the Regulations of the Committee for Water Resources of the Ministry of Agriculture approved by the Resolution of the Government of the Republic of Kazakhstan № 310 dated 06.04.2005. 2. BWO is a legal entity dependent on the Committee and it has a legal- organizing state institution form. It has a seal and stamps with its name in official language, standard letterhead and also accounts in the institutions of the

Treasury of the Ministry of Finance of the Republic of Kazakhstan in accordance with the legislation.

BWO enters in civil relations on its behalf.

3. BWO has a right to be a litigant in civil relations on behalf of the State if BWO is authorized in accordance with the legislation of the Republic of Kazakhstan.

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4. BWO issues orders within its terms of reference according to the legislation procedure. 5. The structure and the staff number of BWO is approved by the Committee for Water Resources. 4. The full name of BWO is a State Institution ______Basin Water organization of the Committee for Water Resources of the Ministry of Agriculture of the Republic of Kazakhstan. 5. The short name is BWO. 6. The present Regulations is a BWO constituent act. 7. Legal address of BWO: 8. Territorial domain of BWO activity is ______hydrographic basin covering the territories of ______oblasts.

2. BWO objectives and functions 9. The objective of the BWO activity is a state management in the field of water resources use and protection in order to guarantee an ecologically sustainable conditions of water bodies and a rational use of water resources of the relevant basin. 10. In order to realize its objectives BWO fulfills the following functions: 1) Complex administration of the water resources of a hydrographic basin on the basis of the basin principles; 2) Coordination of the activities of the subjects of water relations on use of water resources to achieve a positive economic effect, and reasonable, equitable and ecologically sustainable water use; 3) Development and implementation of basin agreements on rehabilitation and protection of water bodies on the basis of long-term plans and development programs for the relevant basin; 4) Implementation of the state control over use and protection of the water resources and observance of the water legislation of the Republic of Kazakhstan by natural and legal persons; 5) Maintenance of state record and water cadastre, and state monitoring of water bodies by basins jointly with the central executive body for environment protection and authorized body for use and protection of subsoil resources; 6) Issue and suspension of licenses and permits for all types of special water use as established by the legislation of the Republic of Kazakhstan; 7) Approval of conclusions of concerned state authorities: - Plans of local executive bodies for rational use of water bodies of the relevant basin - Suggestions on determination of sites for construction of enterprises and other facilities that affect water conditions - Projects of construction and reconstruction of enterprises and other facilities that affect water conditions - Documents on construction, dredging and blasting operations for extraction of minerals, yield of water plants, cable laying, construction of pipelines and other communications, forest felling, drilling operations, agricultural and other operations on water bodies, water protection belts and zones

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- Plans of activities of water users for preservation and improvement of conditions of water bodies 8) Participation in the work of state commissions for acceptance of industrial, agricultural and housing structures that affect water conditions as well as works for liquidation of consequences from natural and man-caused emergencies; 9) Establishment of water use limits by water users of the relevant basin; 10) Participation in confirmation of subsurface water reserves; 11) Control over the operation regime of water reservoirs for joint use, major water reservoirs of intersectoral, inter-oblast and interstate importance; 12) Development of plans for water intake and apportioning by water bodies of interoblast, inter-regional and interstate importance and control over observance of the plans; 13) Approval of the scheme of complex use and protection of the water of a relevant basin, regulations for operation of water bodies and facilities; 14) Participation in development of water balances for the relevant basin; 15) Approval of suggestions on allocation of water bodies for isolated and joint use and conditions of water use for the above water bodies; 16) Presentation of demands to discontinue financing, designing and construction of water facilities and other structures that affect water conditions, implemented with violation of established standards and norms for use and protection of the water resources as established by the legislation of the Republic of Kazakhstan; 17) Submission of materials on violations of the water legislation of the Republic of Kazakhstan to the law machinery and courts to bring the guilty persons to responsibility as established by the legislation of the Republic of Kazakhstan; 18) Filing claims for recovery of damages caused to the state in case of violations of the legislation of the Republic of Kazakhstan; 19) Dissemination of information on implemented activities for the rational use and protection of the water resources and measures taken to improve water conditions and quality to population; 20) Interaction with local executive and other concerned state agencies with regard to use and protection of the water resources; 21) Realization of the activities for education of the population in the field of the rational use and protection of water resources; 22) Preparation of annual costs estimates and projects of long-term financing of arrangements for the use and protection of water resources of the relevant basin; 23) Collection, treatment, archiving, analysis and access guarantee to the data of information system of water resources use in the relevant basin; 24) Keeping of statistics reports for the rational use and protection of water resources, for protection and improvement of the conditions of rivers, lakes, water reservoirs and other water bodies; 25) Involvement of the civil population and associations into development and implementation of arrangements for the rational use and protection of water resources; 26) Cooperation with neighboring countries for water relations regulation, rational use and protection of transboundary water resources in accordance with the procedure established by the legislation of RK; 27) Implementation of functions of the Committee for water resources in case of delegation.

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3. BWO rights and duties 11. In order to implement the objectives provided by the Regulations and the legislation BWO has a right: 1) To open bank accounts, to conclude agreements and to make other civil bargains in accordance with the legislation; 2) To create BWO representative offices in relevant basin oblasts; 3) To constitute other legal entities in accordance with the procedure established by the legislation of the Republic of Kazakhstan; 4) To recruit consultants and experts; 5) To instruct state institutions and officers, natural and legal persons to observe the standards of the water legislations and to arrange for the laboratory control of the water quality, to control water bodies and waste water discharge; 6) To suspend or to revoke licenses of activities related to the special water use in accordance with the procedure established by the legislation of the Republic of Kazakhstan; 7) To try cases of administrative violations in the field of water resources use and protection; 8) To visit enterprises, institutions, organizations and other bodies, to verify the water use conditions, to instruct with regard to eliminate the violations of standards for water resources use and protection in accordance with the procedure established by the legislation; 9) To receive from tax and finance bodies the data on water users payments for water resources, on payments of fines imposed, on allowance of claims, on payments for damages done to the State and caused by the violations of the water legislation; 10) To interest researches institutions, laboratories and other independent organizations in water analyzing and in issuing the certification in cases of emergencies; 11) To exercise other rights not contradicting to the legislation of RK. 12. BWO is obliged: 1) To observe the legislation of the Republic of Kazakhstan; 2) To realize the decisions of higher body in the field of water resources use and protection; 3) To guarantee the BWO activity audit by the authorized state bodies; 4) To be responsible for in accordance with the legislation of RK.

4. Administration 13. BWO is presided by the Director responsible for BWO activity and representing the BWO in all civil relations within his competence. BWO Director and his Deputy are appointed and dismissed by the Chairman for Water Resources in accordance with the legislation of RK. 14. BWO Director manages BWO activity and he is personally responsible for the implementation of BWO tasks and his own functions. 15. In this regard BWO Director: 1) Signs orders within his competence; 2) Determines functions and competences of his Deputy and the heads of BWO Divisions;

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3) appoints and dismisses BWO employees in accordance with the legislation of RK; 4) endorses the BWO staff; 5) encourages and inflicts the discipline penalties on BWO employees in accordance with the legislation of RK; 6) represents BWO in sate bodies and other organizations in accordance with the legislation of RK; 7) exercises other functions in accordance with the legislation of RK. 16. The procedure of BWO decision making providing the endorsement by other bodies and (or) the public participation is regulated by the legislation.

5. Procedure of assets formation and BWO activity financing 17. BWO as operator has a separate property. 18. The assets assigned to BWO is state-owned. 19. BWO has no right to alienate or dispose of in other way the property assigned to it. BWO can be authorized to dispose the assets within the legislation

6. Reorganization and liquidation 20. Reorganization and liquidation of BWO are realized in accordance with the legislation of the Republic of Kazakhstan.

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Annex 4-2: List of Budget Programs under Implementation by the Committee of Water Resource for 2002-2005

Progr Sub- Name 2002 2003 Inte-rest 2004 Inte-rest Specified Inte- am pro- % % for 2005 rest % gram 1 2 3 4 5 6 7 8 9 10 1. Current budget programs 473 145 1 137 798 2 088 187 2 992 803 Land preservation and improvement 102 058 142 232 202 914 100 Hydrogeology and melioration expeditions 89 359 130 244 191 555 101 Republican Methodological Center “Kazagromeliovodhoz” 12 699 11 988 11 359 State support of agriculture development 465 000 553 883 1 131 899 104 Subsidizing of water supply services to agricultural producers 465 000 553 883 1 131 899 Subsidizing of potable water supply from very important group water supply system 456 472 722 390 Operation of republican water facilities not related to potable water supply 361 981 570 740 935 600 9 353 600 Conservation and reconstruction of the property being in State ownership on water facilities 111 164 0 0 0 II Budget programs for development 2 364 000 6 702 652 11 326 381 11 330 280 Transfers of special purpose for the development of regional budgets, Astana and Almaty cities budgets for the development of water supply system 5 009 099 5 Astana and Almaty cities budgets for the development of water supply system 5 009 099 Conservation and rational use of water resources 19 000 28 000 91 251 264 467 100 Development of schemes, water balances and standards in the field of the conservation and use of water resources 9 000 18 000 80 711 80 711 101 Compilation of State water cadastre 10 000 10 000 10 540 11 256 102 Nature preservation releases 0 172 500 Construction and reconstruction of potable water facilities 2 320 000 6 003 892 8 468 120 4 010 328 004 Implementation of the project using the external loans 169 809 005 Implementation of the project using internal sources 2 975 708 006 Implementation of the project using co-financing of grant of the republican budget 186 711 016 Implementation of the project using co-financing of external loans of the republican budget 174 257 018 Implementation of the project using the grant 503 843 100 Construction and reconstruction of potable water facilities of rural settlements 3 000 000 5 460 000 0

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Progr Sub- Name 2002 2003 Inte-rest 2004 Inte-rest Specified Inte- am pro- % % for 2005 rest % gram 1 2 3 4 5 6 7 8 9 10 Reconstruction of Kokshetau industrial water pipeline 270 000 101 Construction and reconstruction of water supply systems 2 050 000 3 003 892 3 008 120 0 Reconstruction of left side of the system of estuary irrigation “Akshi” of Yrgyz region, Aktubisk oblast 56 960 0 0 Development of Feasibility Study and Cost Estimates for reconstruction of emergency … 250000 0 0 Complete overhaul and restoration of very damaged parts of inter- economic channels and irrigation and drainage facilities 0 434 870 794 360 Reconstruction of waterworks 363 800 2 322 140 1 252 026 Development of technical and economics grounds for the protection against flood in Astana city 25 000 III Investment projects 3 245 083 3 090 302 4 149 540 3 683 443 Monitoring of mercury content in Nura river and water reservoir Yntymak 4 620 0 0 006 Implementation of grant using internal sources 4 620 0 0 Conservation of subsurface water and purification of industrial sewage in Ust-Kamenogorsk city 2 310 430 43 659 006 Implementation of grant using internal sources 2 310 430 018 Implementation of the project using the grant 43569 Management of Syrdarya river-bed and conservation of North part of Aral sea 2 498 645 2 157 108 2 463 979 2 946 572 004 Implementation of the project using the external loans 2 123 740 11 580 353 1 888 299 2 231 793 016 Implementation of the project using co-financing of external loans of the republican budget 374 905 576 755 575 680 714 779 Water supply and sanitation of settlements of Aral sea region 718 890 549 914 828 454 316 375 4 Implementation of the project using the external loans 572 020 589 342 629 930 248 831 016 Implementation of the project using co-financing of external loans of the republican budget 160 572 198 524 67 544 Implementation of reconstruction in the framework of the project «Water supply of Kazalynsk (Novokazalynsk)» 27 548 26 350 25 729 0 006 Implementation of grant using internal sources 27 548 26 350 25 729 Rehabilitation and management of environment of Nura and Ishym rivers basin 0 451060 337 698 004 Implementation of the project using the external loans 0 188 988 0 016 Implementation of the project using co-financing of external loans of the republican budget 0 262 072 337 698 Development of water supply and sanitation of rural territories

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Progr Sub- Name 2002 2003 Inte-rest 2004 Inte-rest Specified Inte- am pro- % % for 2005 rest % gram 1 2 3 4 5 6 7 8 9 10 0 164 330 0 004 Implementation of the project using the external loans 0 0 0 016 Implementation of the project using co-financing of external loans of the republican budget 0 164 330 0 Rural water supply of Karaganda oblast 0 158 167 0 004 Implementation of the project using the external loans 0 113 183 0 016 Implementation of the project using co-financing of external loans of the republican budget 0 44 984 0 Special purpose Transfers to Almaty oblast budget for maintenance of main channels and header and drainage network 150 000 57 391 0 Improvement of irrigation and drainage systems 39 139 TOTAL (000 tenge) 6 082 228 10 930 752 80 17 564 108 61 18 006 526 3

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Annex 4-3: Institutional Strengthening Components of Water Resources Management in International and Domestic Projects in Kazakhstan № Year Project name Financing Institutional component Content of suggestions item 1 2000 Institutional development and politics Asian Development Bank, RK Institutional development of water Insufficient status of the Committee, insufficient reforms, aimed at improvement of water Government sector number of employees of CWR and RBO resources management 2 2002- Common program for rivers European commission Analysis of water management Necessity of institutional reforms 2003 management problems (Kazakhstan-Russia Tobol river) 3 2003 Chart of complex use and protection of «Republican research and Analysis of transboundary water Necessary institutional reforms water resources of rivers Big and Small information center resources management problems Uzen KazEcology» Ltd. Kazakhstan-Russia 4 2003 Program of concrete actions for International Fund of Aral sea Institutional reforms Concrete suggestions for institutional reforms ecological and social-economic conservation improvement of Aral sea for 2003-2004 5 2003 Plan of agricultural regions water supply Japanese agency of Analysis of water management Necessity of institutional reforms international cooperation problems 6 2003- Proposals for improvement of water and USAUD Problems of water management Necessity of institutional reforms 2004 energy resources improvement of Syrdarya river 7 2003- Management of Nura-Ishim rivers Department for international Institutional reforms Insufficient status of the Committee, insufficient 2004 development of Great Britain number of employees of CWR and RBO 8 2003- Main problems of seven river basins World bank Institutional reforms Insufficient number of employees of RBO 2004 9 2004 Report of human development of UNDP Survey of water situation in Determination of strategy of stable water use in Kazakhstan 2003 Kazakhstan, national policy and the context of human development in structure regulating water resources Kazakhstan management in Kazakhstan 10 2004 Strategy note «Integrated management European community Assessment of current normative List of recommended priority actions of water resources of Talas river» Tacis legal basis and institutional structure of water relations (2.5) 11 2004 Support of regional water resources Tacis Assessment of current normative List of recommended priority actions management and raising of potential of legal basis and institutional structure river basin organizations for efficient of water relations management of water resources 12 2004 Water resources of Kazakhstan in the UNDP Key water problems, national policy Determination of guiding principles of the new millennium in the field of water resources strategy of stable safe water use management 13 2004- Ecologically safe development of European community System of integrated planning and Insufficient status of the Committee, insufficient

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№ Year Project name Financing Institutional component Content of suggestions item 2005 Kyzylorda oblast (struggle against support of water management number of employees of CWR and RBO desertification by stable water resources decisions management) 14 2004- Integrated management of water UNDP, Norway Government Institutional reforms Insufficient status of the Committee, insufficient 2005 resources and water conservation in number of employees of CWR and RBO, Kazakhstan necessity of information system development 15 2004- Basin chart of complex use and «Institute Kazguiprovodkhoz» Assessment of current normative Insufficient number of employees of RBO, 2005 protection of water resources of Irtysh legal basis and institutional structure necessity of information system development river of water relations in Irtysh river basin в

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Annex 4-4: Volume of Correspondence of CWR MoA RK

№ Number of documents Name of State institution, organization 2002 2003 2004 In Out In Out In Out 1 Administration of the President 14 8 36 2 40 29 2 Parliament 47 31 72 14 69 64 3 Government 312 138 495 313 542 575 4 Akimats (local administrations) 328 194 615 207 688 497 5 Ministry of Agriculture 718 202 1302 1019 1066 1218 6 Ministry of Economy and Budget Planning 15 18 94 56 134 128 7 Ministry of Energy and Mineral Resources 36 18 88 4 94 103 8 Ministry of Finance 24 37 53 18 63 89 9 Ministry of Environment Protection 89 4 96 79 124 141 10 Ministry of Education and Science 0 0 19 0 21 16 11 Ministry of Justice 42 30 111 4 104 94 12 Ministry of Foreign Affairs 38 14 96 67 91 118 13 Ministry of Health 14 14 34 5 55 95 14 Ministry of Internal Affairs 4 0 18 2 19 14 15 Committee of National Security 0 2 24 1 17 10 16 Ministry of Labor and social Security 2 2 36 14 40 21 17 Ministry of Industry and Trade 14 10 19 3 18 12 18 Ministry of Transport and Communications 3 0 4 0 13 4 19 Ministry of Information 0 6 32 11 16 28 20 Ministry of Emergency 11 5 60 5 63 82 21 Ministry of Defense 0 0 3 1 2 1 22 KazHydroMet (meteorological authority) 6 14 8 3 4 39 23 Treasury 17 8 47 29 62 77 24 Agency of Statistics 2 0 14 3 7 8 25 Agency of Public Service 6 1 9 1 4 0 26 Agency of Land Resources 26 17 13 0 8 14 27 Agency of Public Purchases 13 6 64 16 48 33 28 Committee of Forestry and hunting MoA 0 0 37 2 45 28 29 Committee of Fish Industry MoA 2 0 17 2 14 11 30 Office of Public Prosecutor, Courts 19 10 78 17 82 64 31 Returning Committee 15 14 17 4 27 13 32 Basin Management Authorities 183 89 314 217 227 307 33 Republican Public Enterprises being under 116 98 813 648 681 560 jurisdiction of CWR 34 State Archives 0 0 4 1 3 0 35 International organizations 236 44 218 107 260 511 36 Other organizations 431 11 1026 676 708 814 37 Department of external relations MoA 61 54 114 32 129 120 Total 2879 1106 6091 3583 5702 5938

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Annex 4-5: Achievements of CWR to Develop Normative Bases for Tasks Falling under its Responsibility

Competence Method or pattern of fulfilment. Reasons for non-fulfilment 1 1)participates in development and fulfilment of state policy in “On approval of the Conception of development of water sector and water policy” Edit of the Government of RK dated 21 of January 2002 #71 2 2) develops programs of development of economy sector 2003 - support of 18 budget programs. 2004 – support of 17 budget programs. 2005 – support of 17 budget programs 3 3)develops schemes of complex and protection of water “Rules of development and approval of general basin schemes of complex use and protection of water resources resources for basins of the main rivers and other water objects in and water balances” confirmed by the Edit of RK dated 10.02.2001 #159 the republic . 2003 – for water basins of Big and Small Uzen. 2004-2005 – Irtish river 4 4) sets average norms of water consumption in different Being performed in the course of applications inflow industries 5 5)confirms rules of water use “Rules for water use” – confirmed by Order Of CWR dated 25 of February 2005 #46-p 6 6) issues and stops validity of license and permission for all “Rules of licensing of the activities of special water use” confirmed by the Edit of the Government of RK dated 26 of types of special water use in the order established by the January 2004 # 84 legislation of RK “Rules of issuing of permissions for special water use” confirmed by the Edit of the Government of RK dated20 of January of 2004 #56 7 7)confirms water use limits for basins and water users “Distribution of limits for water users within basins of oblasts” – confirmed by the Order of CWR dated 23 of February 2005 #42-p 8 8)develops order of subsiding of services’ cost for water supply “Rules of subsidizing of the costs of services for water supply of rural producers” confirmed by the Edit of the of rural producers and water supply from the mostly important Government of RK dated 29 of January 2004#99 systems of water supply being the only sources of drinking water “Rules of subsidizing of the cost of services of drinking water supply and primary groups of water supply being the only drinking water source in the republican property “ confirmed by the Edit of the Government of RK dated 23 of January #76 9 9)executes state control of use and protection of water fund “Rules of state control provision for use and protection of water fund” confirmed by the Edit of the Government of RK dated 6.02.2004 #144. Joint order of the Ministry of Environmental Protection of RK dated 2 of December 2004 # 315-p,Executive Chairman for water resources of the Ministry of agriculture of RK dated 17 of November 2004 # 239-p,Chairman of the Committee of the sanitary and epidemiological inspection of the Ministry of Health of RK dated 19 of November 2004 #37” on confirmation of the Instruction and provision of state control for use and protection of water fund”. 10 10) provides state account of waters and their use, state water “Rules of provision of state monitoring of water objects , state account of waters and their use” confirmed by the Edit cadastre and state monitoring of water objects of the government of RK dated 26 of January 2004 # 85 “Rules of state water cadastre account” confirmed by the Edit of the Government of RK dated 31 of December 2003 #1378 11 11) provides info database of water objects and access to it for “”On provision of database of water resout5cres use”- Order Of WRC dated 16 of June 2005 #98 all concerned 12 12) confirms regime of use of water objects and water supply Confirms every object and water facility in republican property and located on water objects regardless of the type of objects being in republican property and rules of exploitation of property water facilities located on the water objects 13 13) provides project, research and design works for use and protection of water fund 14 14)participates passing –taking over in exploitation of water “Rules of coordination, location and exploitation of enterprises and other facilities affecting water state and 170 ADB – Republic of Kazakhstan Institutional Strengthening of the Committee for Water Resources Draft Final Report

facilities and execution of construction and bottom deepening conditions of execution of construction and other works on water objects, water protection zones and areas” works affecting water objects state confirmed by the Edit of the Government of RK dated3 of February 2004 #130 15 15)organizes exploitation of water objects, water facilities being “On the list of the state property objects not subject to privatization “ Edit of the President dated 28 of July 2000 in the republican property #422 “List of the primary groups of water supply systems being the non alternative sources of water supply” confirmed by the Edit of the Government dated 13 of December 2003 #1265 Organizes via 18 Regional state organizations 16 16) Considers cases of administrative infringements of water 2003 - 2005 WRC has 10 inspectors due to the considerable workload of the Committee employees the main work legislation of RK is provided by BWO 17 17)develops and performs investment water projects 2005 “National plan of integrated management of water resources and water protection in Kazakhstan” UNDP. ADB “Enhancing of organizational potential of WRC”. “Strengthening of “Drinking waters” program. IDB “water supply of rural territories”. WB 18 18)participates in development of priority interstate cooperation 2003, 2004, 2005 of use and protection of water fund 19 19) cooperates with neighboring states on issues of regulations In the staff of the Committee – “Department of international water relations ,transboundary and interoblast water of water relations, rational use and protection of transboundary division”(4pers) waters in the order established by the legislation of RK 20 20) develops rules of establishment of water protection zones “Rules of water zones establishment” confirmed by the Edit of the Government of RK dated 16 of January 2004 # 42 21 21)develops water balances “Rules on development and confirmation of general and basin scheme of complex use and protection of water resources and water balances” confirmed by the Edit of the Government of RK dated 10 of February 2004 #159 22 22)provides monitoring and assessment of ameliorative sate of The staff of the Committee includes “Division of amelioration state support of water use system development” the land irrigated (4pers.)

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Annex 4-6: Questionnaire Distributed Among CWR Headquarter Staff

1. What is your position: - Department Director - Division head - Senior Specialist - Leading Specialist 2. Experience in the field of water management - under 1 year - up to 3 years - up to 5 years - more than 5 years 3. What percent of working time do you spend for routine work (unjustified waiting of superiors, instructions to do no relating to functions, ect)? - 25% - 50% -75% - 100% 4. What document regulates your functions? - Regulations of CWR - Order of CWR - Order for the Department - Order for the Division - Contract - Directions of your leader - other, specify______5. Duration of your working week - 5 days - 6 days 6. What is the real duration of your working day?

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- 8 hours - 9 hours - 10 hours - other, specify______7. Do you have enough time (8 hours) to implement all your functions ? - yes - no - not always 8. What difficulties do you have on implementing your functions? - none - lack of source information - lack of experience - lack of time - other, specify______9. The main hindrance of your functions implementation is ------10. Does your work correspond to the functions determined by your Job Description? - corresponds to - partly corresponds to - does no correspond to 11. What is the routine of your work? - planned - stable - spontaneous - emergency - other, specify______12. How well do you know the Regulations of CWR?

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- I know - I know the part relating to my functions - I do not know - other, specify______13. Do you implement the functions appointed to the other specialists of CWR? - Always - Regularly - I do not implement 14. What is the arrangement of your work site? - good - satisfactory - unsatisfactory 15. The shortcoming of your work site arrangement is - Lack of Personal Computer - Bad illumination - Small work area - Lack of documents custody cases - other, specify______16. What do you need for improvement of your work? - Information center - Committee archives - Training center - Psychological relief room - other, specify______17. From your point of view, do the Regulations of CWR correspond to the CWR staff number? - yes - no - partly

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18. From your point of view, what percent is it necessary to increase the Committee staff number on the basis of actual work load? -by 50% - by two - by three - other, specify______19. What additional structures are necessary to create within the Committee, specify а) Departments ______б) Divisions ______

в) other ______20. From your point of view, does the Status of the Committee correspond to current tasks of the CWR? - corresponds to - does not correspond - partly correspond 21. It is necessary to raise the Status of the Committee to: - the independent ministry - the independent agency - to remove from the Ministry of Agriculture - to insert to another ministry, please specify the ministry name ______other, specify______22. Does the level of your education correspond to your functions? a. yes b. no c. partly 23. Would you like to raise your education level?

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d. yes e. no f. I do not know 24. How would you like to raise your education level? - by correspondence - short-time courses - permanent system of trainings - other, specify______25. Are you satisfied with your salary? - yes - no - partly 26. What are the problems of your social security? - lack of domicile - lack of medical care - problems relating to infant education of your family members - problems relating to school education of your family members - other, specify______

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