ECONOMIC COMMISSION FOR EUROPE Geneva

WATER SERIES No. 4

TRANSBOUNDARY WATER COOPERATION

TRENDS IN THE NEWLY INDEPENDENT STATES

UNITED NATIONS New York and Geneva, 2006

NOTE

The designations used and material presented in this publication do not constitute an expression by the United Nations Secretariat of any opinion concerning the legal status of any country, territory, town or region, or concerning their authorities or the delimitation of their frontiers.

ECE/MP.WAT/16

UNITED NATIONS PUBLICATION Sales No. E.06.II.E.8 ISBN 978-92-1-116942-3 ISSN 1020-0886 iii

FOREWORD

Cooperation on transboundary waters is a cornerstone of UNECE environmental activities. This is manifested in the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention) and its Protocols on Water and Health (1999) and Civil Liability (2003).

With the emergence of new countries in the 1990s, new frontiers cut through Europe. As a result, the Danube river basin, Europe’s largest, is now shared by 18 countries. The rivers Daugava-Zapadnaya Dvina, Dnieper, Kura, Syr Darya and Amu Darya as well as Lake Peipsi-Chudskoye Ozero also became transboundary waters after the break-up of the Soviet Union.

The process of change in Europe poses new and compelling challenges to regional cooperation in general and to cooperation on environment and security in particular. The newly independent States 1 require special attention. Managing their transboundary waters, including allocating water among users in sovereign States, now requires in many cases a new and jointly negotiated legal and regulatory framework.

The present publication is the outcome of the UNECE Water Convention’s project on “Transboundary water cooperation in the newly independent States”, which aimed to establish bilateral and multilateral cooperation and secure the adoption of measures for strengthening it.

Cooperation and dialogue on problems of shared water resources to prevent conflicts and contribute to confidence building are part both of the Environmental Strategy for Countries of Eastern Europe, the Caucasus and Central Asia and of the corresponding component of the EU Water Initiative.

UNECE and in particular its secretariat for the Convention on the Protection and Use of Transboundary Watercourses and International Lakes will continue to play a leading role in programmes and initiatives aimed at achieving the sustainable management of water resources in the region.

Marek Belka Executive Secretary Economic Commission for Europe

1 The 12 countries referred to in this publication as the “newly independent States (NIS)” are: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Republic of Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. All these countries are also members of the Commonwealth of Independent States (CIS).

iv INTRODUCTION

Part I of the publication examines existing transboundary cooperation, including bilateral and multilateral agreements. It highlights the problems facing NIS countries and provides examples of new developments and trends of cooperation on transboundary waters. It draws conclusions and recommends action to improve the implementation of existing agreements and draw up new agreements in line with the basic principles of the UNECE Water Convention. These actions include: drafting and implementing legislation; setting up and strengthening national organizations and joint bodies as well as a system of consultation and mutual assistance; monitoring and assessment; access to information and public participation; and planning for river basin management. Part I also proposes measures regarding demonstration projects, programme development and financing by donors. Implementation measures and follow-up activities are also examined.

Part II of the publication sets out best practice, trends and bottlenecks in transboundary water cooperation for all 12 newly independent States as well as large transboundary river basins, such as the Aral Sea, Seversky Donets and Dniester basins. The practice of international organizations adds value to the experience of all these countries and will help them in their future work.

The partners that helped to implement and fund the project were: the United Nations Economic Commission for Europe (UNECE); the United Nations Environment Programme’s Regional Office for Europe (UNEP/ROE); the Ministry of Natural Resources of the Russian Federation; the Swedish Environmental Protection Agency; and the Agency for Environmental Assessments (Ecoterra), a Russian non-governmental organization.

As the first stage of this project a workshop was convened to address bilateral and multilateral cooperation on transboundary waters in the NIS region (Moscow, 31 March - 1 April 2003). It brought together representatives of UNECE countries, among them 11 NIS, as well as representatives of NGOs and international organisations.

The material prepared by the experts participating in the workshop played an extremely important role. The work done by Mr. Nikolay Grishin (Ecoterra) to bring together and edit the material was very valuable. The priorities identified in this publication for future joint activities are now being further developed and implemented by UNECE and other partners in the region.

One of these activities is the project on “Capacity for water cooperation” (CWC project). In accordance with the Convention it will facilitate the exchange of experience between joint bodies, such as river basins organizations, and countries of the NIS region and elsewhere. The project has a dual aim. On the basis of the outcome of the Moscow workshop it is necessary, firstly, to create a framework for exchange of experience among representatives of the NIS and, secondly, to facilitate at the same time the transfer of experience from successful institutions within and outside the region. This long-term capacity-building project will be developed around a series of workshops for NIS decision-makers and experts between 2004 and 2007.

The CWC project has links to other European programmes and initiatives on the sustainable management of water resources.

v CONTENTS

FOREWORD

INTRODUCTION

PART I TRANSBOUNDARY WATER COOPERATION IN THE NEWLY INDEPENDENT STATES N. Grishin, F. Bernardini, R. Enderlein and B. Libert

1. Introduction…………………………………………………………………………… 3

2. Transboundary waters in the NIS region……………………………………………… 3

3. Regional and global conventions…...... 3

4. Transboundary water agreements before and after the break-up of the Soviet Union… 5

5. Trends and bottlenecks………………………………………………………………… 6

6. Recommendations for further development of cooperation on transboundary waters… 7

7. Mechanisms for implementation and follow-up………………………………………. 11

Annex 1. Transboundary water basins and relevant agreements in the NIS…………… 13

Annex 2. Map of transboundary rivers and lakes in the NIS…………………………… 17

Annex 3. Bilateral and multilateral agreements in the NIS on transboundary waters….. 18

Annex 4. Examples of environmental agreements in the NIS…………………………... 30

Annex 5. Examples of draft agreements proposed or under negotiation in the NIS……. 32

Annex 6. Participation of NIS in UNECE multilateral environmental agreements…….. 33

PART II PROSPECTS FOR WATER COOPERATION IN THE NIS REGION

Status of transboundary waters and implementation of international agreements in the Republic of Azerbaijan……………………………………………………………...... 35 M. Adigezalova

Water resources of the Republic of Azerbaijan and their use…………………………………. 37 N. Kazibekov

Armenia’s cooperation with a number of countries on transboundary water resources………. 41 O. Kirakosyan

Transboundary aspects of resource formation and surface water quality in the Republic of Belarus……………………………………………………………………………………… 43 A. Rachevsky

Brief review of the status of Georgia’s cooperation with a number of countries on environmental protection and the protection of transboundary waters in particular……….. 48 I. Mtskhvemadze

vi Cooperation of the Republic of Kazakhstan with adjoining States on transboundary water issues………………………………………………………………………………… 51 N. Kipshakbaev

Kyrgyzstan - outline of water policy in the light of internal problems……………………. 59 K. Valentini

Management and prevention of pollution of the water resources of the Republic of Moldova - problems and solutions…………………………………………… 62 T. Guvir

Status of international cooperation on the protection and use of transboundary waters in the Russian Federation…………………………………………… 66 E. Zybin

Problems of the protection and use of Russia’s transboundary watercourses having regulated water regimes…………………………………………………………...... 69 V. Debolsky

Partnership - the basis of the joint management of the water resources of the Aral Sea basin……………………………………………………………………………….. 72 A. Kholmatov

The water resources of Turkmenistan and their transboundary aspects…………………….. 77 M. Nepesov

Assessment of the transboundary aspects of the water resources of the Republic of Uzbekistan……………………………………………………………………… 81 L. Frank and P. Abdurakhmanov

Cooperation on the transboundary waters of Ukraine………………………………………... 84 N. Nagula

Experience of transboundary cooperation in the Seversky Donets basin……………………. 87 V. Antonenko

Experience of the programme of cooperation on transboundary waters of the Swedish Environmental Protection Agency…………………………………………………………… 93 N. Munthe and S. Lundberg

Regulation by the United Nations Economic Commission for Europe of Environmental assessments for water resource management………………………………………………… 103 N. Grishin

Problems of the use of integral and integrated approaches in the management of Transboundary river basins in the CIS (on the example of the Dnister)……………………… 106 I. Trombitsky

Issues of international cooperation on the protection and use of transboundary waters in the work of the CIS Inter-State Ecological Council…………………………………….…. 112 S. Tikhonov, T. Butylina and B. Morozov

PART I

TRANSBOUNDARY WATER COOPERATION IN THE NEWLY INDEPENDENT STATES

N. GRISHIN, F. BERNARDINI, R. ENDERLEIN and B. LIBERT

3

1. Introduction the Amu Darya is crucial for life, the economy and political stability. The reliance of Azerbaijan on This paper is the main output of the water from the transboundary river Kura for “Transboundary Water Cooperation in the Newly irrigation, drinking and other purposes is another Independent States” project. It builds on and further example. develops the conclusions from the High-level Meeting on the Strategic Partnership on Water for Many water allocation and pollution problems Sustainable Development held in Moscow on 5-6 that were previously national issues within the March 2003 (see below). It aims to define the status, Soviet Union are now transboundary. This requires trends and further needs with regard to a new and negotiated legal and regulatory transboundary water cooperation in the newly framework for water resources management independent States (NIS), and between NIS and between sovereign States, which will take some their neighbours. The analysis and time to develop. There is generally a positive recommendations will provide a basis for future attitude towards establishing good cooperation on actions and projects for the development of transboundary water issues in the NIS, and much cooperation in the NIS on transboundary waters, in has been achieved since the dissolution of the particular within the work programme of the Soviet Union. However, examples can be found of UNECE Convention on the Protection and Use of difficulties in establishing good cooperation. In Transboundary Watercourses and International some cases agreements have not yet been Lakes (Water Convention) and the Strategic established between countries. Or, if there are Partnership on Water for Sustainable Development. agreements, these are not always fully implemented, and may not be effective tools to tackle the relevant A draft of the paper was discussed during the issues, nor address social, economic and Workshop on Transboundary Water Cooperation in environmental aspects. the newly independent States (Moscow, 31 March - 1 April 2003), organized within the framework of 3. Regional and global conventions the project. The paper was finalized and agreed upon by the project’s partners on the basis of the The NIS subregion is part of the UNECE discussions during the Workshop. It was drafted by region, the only region where a legal environmental Mr. Nikolay Grishin, a UNEP consultant, and Ms. framework has been put in place. This legal Francesca Bernardini, Mr. Rainer Enderlein and Mr. framework provides a basis for the establishment of Bo Libert from the UNECE secretariat. The cooperation on specific rivers and lakes. document was made available during the Fifth Ministerial Conference “Environment for Europe” The Convention on the Protection and Use of (Kiev, 21-23 May 2003) and the third meeting of Transboundary Watercourses and International the Parties to the UNECE Water Convention Lakes was signed in Helsinki (17 March 1992). It (Madrid, 26-28 November 2003). was developed under the auspices of UNECE, and entered into force on 6 October 1996. It plays an 2. Transboundary waters in the NIS important role in the development of transboundary water cooperation in many parts of the UNECE region region. Its Protocol on Water and Health addresses

the prevention, control and reduction of Annex 1 lists the major transboundary rivers water-related diseases. and lakes shared by the NIS, and the relevant agreements 2. There is considerable interdependence A decade has passed since the signing of the between countries with regard to water resources. Convention, and there are issues that were not fully In particular in Central Asia, cooperation between dealt with during the negotiations and which need countries sharing rivers such as the Syr Darya and to be further developed. Landscape protection, the ecosystem approach, flood protection and water 2 No inventory of shared groundwater resources has so allocation are a few examples. Work under the far been drawn up.

4 Convention is currently dealing with some of them, After the recent ratification by Belarus of the such as flood protection and water allocation. UNECE Water Convention, there is a continuous During the third meeting of the Parties to the space from the north coast of the Baltic Sea Convention in November 2003, it was decided to (Finland) to Kazakhstan through the Russian extend the Convention’s scope beyond the UNECE Federation– (Estonia - Latvia - Lithuania - Russian region, as is already the case for several UNECE Federation (Kaliningrad region) - Belarus - Poland - protocols. Ukraine - Hungary - Romania - Republic of Moldova - Ukraine - Russian Federation – Two other regional conventions, and their Kazakhstan) where the Water Convention is in recent protocols, are also important for cooperation force. on transboundary waters: the UNECE Convention on the Transboundary Effects of Industrial Some countries in the Caucasus (Armenia, Accidents and the UNECE Convention on Georgia) and in Central Asia (Uzbekistan, Environmental Impact Assessment in a Tajikistan, Kyrgyzstan and Turkmenistan) have not Transboundary Context. yet ratified the Convention.

These regional conventions are The Water Convention is made up of two main complementary and have provisions on public parts. Part I contains provisions relating to all participation, environmental impact assessment, Parties, whereas Part II sets out provisions relating joint bodies, etc. to Parties that are riparian to a given transboundary watercourse. The legal framework continues to grow and at the Ministerial Conference in Kiev the Protocol on Important provisions for the development of Civil Liability and Compensation for Damage water cooperation in the NIS are found in Part II of Caused by the Transboundary Effects of Industrial the Convention. These are provisions on bilateral Accidents on Transboundary Waters to the 1992 and multilateral cooperation (art. 9), consultations Convention on the Protection and Use of (art. 10), joint monitoring and assessment (art. 11), Transboundary Watercourses and International common research and development (art. 12), Lakes and to the 1992 Convention on the exchange of information between riparian countries Transboundary Effects of Industrial Accidents as (art. 13), warning and alarm systems (art. 14), well as the Protocol on Strategic Environmental mutual assistance (art. 15) and public information Assessment to the Convention on Environmental (art. 16). Some will be discussed in this paper. Impact Assessment in a Transboundary Context were open for signature. The Protocol on Civil The number of NIS that become Parties to Liability was signed by 22 countries and the different UNECE international treaties is increasing Protocol on Strategic Environmental Assessment by (annex 6). The role of the UNECE environmental 36 countries and the European Community. legislation, and in particular of the UNECE Water Convention, is growing in the NIS. This trend is The NIS have been active at the international positive, also as the UNECE environmental level, participating in the negotiations of UNECE conventions may contribute to the harmonization of environmental conventions, ratifying many legislation between the EU and the NIS. environmental conventions and protocols, and developing subregional cooperation on the basis of The EU Water Framework Directive 3 is an various bilateral and multilateral agreements. An important addition to the legal framework even if it inventory of agreements on transboundary rivers is not legally binding on the NIS. It can be seen as a and lakes in the NIS is presented in annex 3. Annex subregional response to implement the Water 4 lists some examples of environmental agreements Convention, and it will foster the development of in force in the NIS. Annex 5 lists examples of draft transboundary cooperation on shared water basins agreements proposed or under negotiation. The status of ratification of the UNECE environmental 3 Directive 2000/60/EC of 23 October 2000, published in conventions is detailed in annex 6. Official Journal L 327 оf 22 December 2000.

5 inside the European Union and along its borders. the Soviet Union and China was established The EU Water Framework Directive will have a according to the Soviet-Chinese Agreement of significant and broad effect on the development of 1986 7 . On the other hand, no commission was integrated water resource management and water established under the Norwegian-Soviet Agreement cooperation also in NIS, one reason being the link of 1957. Commissioners appointed by the the that is already being made between the Directive Contracting Parties worked together under the and assistance provided by the EU. In general the Soviet-Norwegian Agreement of 1959 8 and the Directive has become a reference for most NIS, Soviet-Iranian Agreement of 1963 9. which are aligning their national legislations with it, especially those countries that are aiming to Some of these agreements were prolonged become EU members. after the dissolution of the Soviet Union, as they had been working successfully for decades. The United Nations Convention on the Law of the Non-navigational Uses of International 4.2. Development of cooperation after Watercourses (1997) is a global convention 1991 providing a framework for cooperation on shared water resources. This Convention focuses more on Several water basin agreements have been water allocation but is in other parts “softer” than negotiated and signed in recent years. In many the Water Convention, for example with regard to cases these agreements have followed the principles the obligation to conclude river basin agreements. It of the Water Convention. New agreements were has been discussed as an alternative for a concluded between the Russian Federation and framework for transboundary cooperation in Estonia on the Lake Peipsi/Chudskoe - River Narva Central Asia. None of the NIS has yet ratified this basin, between Russian Federation and Belarus, Convention. Russian Federation and Kazakhstan, and between Kyrgyzstan and Kazakhstan on the rivers Chu and 4. Transboundary water agreements Talas. The agreement of 1992 between the Central before and after the break-up of the Asian States to continue their cooperation on water Soviet Union and its allocation in the Syr Darya and Amu Darya basins according to practices and quantities used 4.1. Transboundary water agreements of during Soviet times, and its implementation have been very important for a region where access to the Soviet Union 10 water is restricted . The Soviet Union signed some agreements dealing with transboundary waters regulating The first international multilateral agreement different aspects of their use and protection. on transboundary waters in the NIS - the Examples of such agreements are found in some Agreement between Kazakhstan, Kyrgyzstan, earlier UNECE publications 4 and in annex 3. Uzbekistan, Tajikistan and Turkmenistan on Cooperation in the Joint Management of Use and In some cases Joint Commissions were Protection of Water Resources of Interstate 11 established under the agreements. Joint Sources was signed in Almaty (Kazakhstan), on Commissions were established between the Soviet 18 February 1992. Under this agreement the Union and Persia according to the Soviet-Persian Inter-State Commission for Water Coordination 12 agreement of 1926 5, between the Soviet Union and (ICWC) of Central Asia was established. ICWC Turkey, according to the Turkish-Soviet 6; 7 Convention of 1927 Joint Commissions between Annex 3, Agreement 16. 8 Annex 3, Agreement 5. 4 Bilateral and multilateral agreements and other 9 Annex 3, Agreement 6. 10 arrangements in Europe and North America on the Annex 3, Agreement 15. 11 protection and use of transboundary waters Annex 3, Agreement 15. 12 (ECE/ENVWA/32 and Add.1 and 2). Other subregional organizations involved in 5 Annex 3, Agreement 1. cooperation on water and environment are the 6 Annex 3, Agreement 2. International Fund for Saving the Aral Sea (IFAS) and

6 is responsible for the development of The future application of the Agreement is not water-management policy in the region, taking into clear, and may depend on the further development account the needs of all branches of industry and of the cooperation in the Commonwealth of the economy, the rational use of water resources, Independent States. and a programme of water supply for the regions and measures for its realization (art. 8). Article 9 of Annex 3 gives a more detailed account of the the Agreement defines the executive and control present situation with regard to transboundary bodies of the Commission: the Basin water agreements. Water-Management Joint Companies “Amu Darya” 13 and “Syr Darya,” 14 responsible for 5. Trends and bottlenecks activities in these two major rivers. Cooperation in many transboundary river A memorandum of understanding was basins is developing well in the NIS. Several new concluded between the Ministry of Environment of agreements have been concluded and joint Georgia and the State Committee for Ecology and commissions have been established (annex 3). Natural Resources of Azerbaijan on collaboration in the development and implementation of a pilot The increasing influence of the UNECE Water project on monitoring and assessment in the Convention on the development of new Mtkvari / Kura river basin 15 . However, further transboundary water agreements in the NIS is one progress has not been made for other parts of the of the main trends. The Convention is directly catchment area (i.e. the area shared by Armenia, referred to in the preambles of several recent Azerbaijan, the Islamic Republic of Iran and agreements and its provisions are used in their Turkey, the sub-basin of the river Araks). substantive articles.

The Agreement on General Principles for Another important trend is the increasing Cooperation on the Rational Use and Protection of interest of international organizations and donors in Transboundary Water Bodies of the CIS was signed transboundary water cooperation. There are several in Moscow in 1998 16 , and it entered into force on 6 international projects promoting cooperation on June 2002. It has three Parties: Belarus (from 6 transboundary waters. Pilot projects under the November 1998), the Russian Federation (6 June UNECE Water Convention in the NIS on 2002) and Tajikistan (16 January 2001). The monitoring and assessment of transboundary waters Agreement is based on the UNECE Water (rivers Kura, Pripyat, Severski Donets and Tobol) Convention (Preamble of the Agreement), but also are funded by the EU TACIS programme 17 . In deals with other important problems. Central Asia there are numerous projects funded by different donors to improve cooperation on water In particular, Parties to this Agreement have an resources, such as the projects under the Aral Sea obligation to (Preamble): Basin Programme. The Swedish Environmental • Use common methodologies to assess Protection Agency funds a programme on damage to water bodies; transboundary waters discharging into the Baltic • Avoid carrying out water management Sea. measures that are likely to have a negative effect on water bodies; However, the overall economic situation • Determine general principles of use and makes it at this stage very difficult to finance distribution of water resources (of transboundary capital investment for water protection such as watercourses). building water-treatment installations or more efficient irrigation systems. It is also difficult to the Interstate Commission for Sustainable Development

(ICSD). 17 .Other pilot projects on the rivers Bug (Belarus, Poland, 13 Annex 3, Agreement 16. Ukraine) and Latoriza/Uhz (Slovakia, Ukraine), 14 Annex 3, Agreement 17. financed under the TACIS programme, were completed 15 Annex 3, Agreement 33. in 2003. 16 Annex 3, Agreement 37.

7 find resources to decrease the risk of accidents in to start and conclude negotiations, in particular hazardous installations, tailing dams, etc. In when there are significant conflicts that have to be addition, there are several bottlenecks in the further solved in the process. development of transboundary water cooperation in the NIS. In some cases the authorities responsible for the management of transboundary waters do not Since the dissolution of the Soviet Union, have the clout and/or the mandate to develop many NIS have struggled to match their broadly based cooperation. administrative resources with the tasks of a sovereign country. In some cases they lack the Monitoring programmes are often a weak link human resources or the staff involved in in the water management chain. The available data transboundary cooperation do not have the required are insufficient, unreliable and not harmonized expertise. between countries, impeding the development of strategies to improve water management. The fully integrated management of water resources, which takes account of the interests of The shortage of information and the fact that it different sectors and ecosystems and applies the is not shared between countries or made available water basin principle, is gaining ground but is to the public are difficult issues at present. generally not yet the basis for national water policy. Furthermore, public participation is generally weak. The lack of dialogue, of coordinated action and of cooperation between different national authorities 6. Recommendations for further with regard to water management is a significant development of cooperation on problem, which also has a negative impact on transboundary waters cooperation with other countries. The lack of cooperation between ministries in charge of water Cooperation on transboundary waters cannot management and those in charge of environmental be seen as separate from the other national and protection in Central Asia is one obvious example. international tasks of the water management authorities. In the development and implementation In some cases, conflicting interests of of cooperation on transboundary waters, countries have a negative impact on the prioritization and cost-efficiency are factors that development of cooperation. Competition among should be taken into account. The allocation of water users on how to share water both within resources should reflect an in-depth analysis and countries, and internationally between upstream clear, agreed joint targets. There are instances and downstream countries, is in many cases not where cooperation on several shared water basins is resolved. In Central Asia, for example, upstream made within the framework of one agreement (e.g. countries may give priority to the use of water for agreement between the Russian Federation and hydroelectricity generation in winter whilst Kazakhstan), which is one way of making downstream countries mainly use water for cooperation more efficient. irrigation in summer. There is no agreement on reasonable and equitable use of water resources in The interests of different sectors and river basins such as the Kura basin (shared by ecosystems should be taken into account. The water Azerbaijan, Georgia, Armenia, Turkey and the basin should be used as the framework for Islamic Republic of Iran) or the Samur basin cooperation. (between the Russian Federation and Azerbaijan). Cooperation with other non-NIS is also difficult, Experience shows that it is positive to develop for instance between the Russian Federation and cooperation step by step. This approach contributes China or between Georgia and Turkey. to the establishment of mutual confidence, and to an active prioritization of the most important issues The lack of a legal and regulatory framework to focus on within the available resources. for bilateral or multilateral cooperation is frequently a bottleneck. It is a demanding process

8 To take advantage of the achievements of • Syr Darya, shared by Kazakhstan, cooperative work and reach the objectives of their Kyrgyzstan, Uzbekistan and Tajikistan; regional agreements, it is recommended that the • Zeravshan, shared by Uzbekistan and NIS should as a priority ratify and implement the Tajikistan; UNECE Convention on the Protection and Use of • Kura, shared by Georgia, Armenia, Transboundary Watercourses and its Protocols on Azerbaijan, Turkey and the Islamic Republic of Water and Health and on Civil Liability, the Iran; UNECE Convention on the Transboundary Effects • Samur, shared by Azerbaijan and the of Industrial Accidents and the UNECE Convention Russian Federation; on Environmental Impact Assessment in a • Psou, shared by the Russian Federation Transboundary Context. An overview of the and Georgia; ratification status of the NIS is given in annex 6. • Bug, shared by Poland, Ukraine and The ratification of these conventions and their Belarus, no agreement exists between Belarus and protocols is also important to show commitment to Poland; international cooperation and build trust among the • Daugava/Zapadnaya Dvina, shared by the international community, including among donors. Russian Federation, Belarus and Latvia, no The principal components of cooperation on agreement exists between Belarus and Latvia; and transboundary waters are outlined below. The • Nemunas, shared by the Russian overall recommendation is that all these Federation, Belarus and Lithuania, no agreement components should be developed in the river basins exists between Belarus and Lithuania. listed in annex 1. The drawing-up of river basin agreements (6.1) and the establishment of joint The establishment of river basin conventions bodies (6.2) should be seen as the top priorities. on the Dnepr and Dniester would help further develop cooperation, and would raise the political 6.1. The legal and regulatory framework status of this cooperation. and its implementation A dialogue and information exchange should In accordance with the Water Convention and be established between China and the Russian its Protocol on Water and Health, Riparian Parties Federation on the Irtysh river. -- on the basis of equality and reciprocity -- are recommended to draw up bilateral or multilateral There is also a need to formalize cooperation river basin agreements or other arrangements, on smaller rivers, for example in the Fergana where these do not yet exist, or adapt existing ones, Valley of Central Asia and smaller rivers shared by where necessary, to eliminate the contradictions Turkmenistan and the Islamic Republic of Iran. with the basic principles of these legal instruments and to define their relations and conduct regarding It is particularly important to revise existing the aims of these instruments. It would be water basin agreements in Central Asia, and appropriate to reflect the relevant obligations of negotiate and agree on agreement(s) in the global and regional conventions in the river basin Caucasian States. It is a weakness of some existing agreements. Where a river basin includes both NIS agreements and cooperation (for example in Central and EU accession countries, the drawing-up of the Asia) that water quality and protection of agreements should take into account, as appropriate, ecosystems are not seen as central and are rarely the requirements of the EU Water Framework even considered. Directive. All water basin agreements should define the Attention should be given to drawing relations and conduct of the countries sharing the up/developing existing agreements in the following basin regarding integrated water resources river basins: management and water-related diseases. They • Amu Darya, shared by Uzbekistan, should define their duties with regard to unilaterally Tajikistan, Turkmenistan and Afghanistan; planned water use, procedures for transboundary environmental impact assessment and

9 responsibilities in the event of floods, drought or multilateral cooperation should facilitate local other emergencies. They should provide cooperation on water between countries. consultation arrangements and operational mechanisms to prevent, control and reduce To be effective, institutions should have transboundary impact including identification of adequate human resources, sufficient financial pollution sources, water pollution abatement, resources, clear jurisdictions and appropriate monitoring of water quality, health risks and powers, and broad stakeholder involvement. water-related disease, public information and participation, liability regime for damage, and Joint bodies dispute settlement. The recommendations and guidelines adopted by the Parties to the Water Agreements or other arrangements must Convention could provide further guidance on the provide for the establishment of joint bodies. A drawing-up of subregional agreements and the joint body is any bilateral or multilateral implementation of regional environmental commission or other appropriate institutional conventions and protocols. arrangements for cooperation between the riparian parties, such as meetings of plenipotentiaries. To The establishment of agreements facilitates the deal with specific issues of cooperation, working further development of cooperation. It is easier to groups can be established under the joint bodies. revise, adapt and further develop the agreement if a framework for cooperation and dialogue is in place. Annex 3 gives details on the establishment of 18 The Finnish-Russian agreement is a successful joint bodies in different river basins/lakes. There is example of an agreement whose scope of an immediate need to develop the existing joint cooperation has been progressively extended. bodies (the Interstate Coordination Water Commission, Water Basin Organizations) Cooperation should also aim at harmonizing responsible for the rivers Syr Darya and Amu national water policies, and in particular water Darya. norms and standards in the national legislation, in countries sharing water basins. In the longer term, It should be emphasized that, if there are countries can move towards the norms and different joint bodies in the same river basin, standards set by the EU countries. institutional and administrative arrangements should be made for them to cooperate. Similarly, 6.2. Establishment and strengthening of cooperation should be established among joint institutions bodies set up to protect inland waters and those set up to protect the marine environment. National organizations The staff of joint bodies should have broad

expertise, including in inland water and The coordination of different institutions groundwater management, technical and legal dealing with water management is of the utmost issues. importance. Gaps and overlaps in responsibility should be removed, and proper coordination There is a need for capacity-building and the mechanisms established. sharing of experience and information between

different river basins on issues such as regulatory, A specific national authority should have scientific, methodological and other aspects of overall responsibility for the management of integrated management of transboundary rivers and transboundary waters. This authority should transboundary cooperation, as well as practical involve different stakeholders and sectors in the results achieved in this field. development and implementation of the cooperation. The framework for the bilateral or To take advantage of the considerable regional experience and expertise, it is proposed to establish 18 Annex 3, Agreement 4. a network of experts and decision makers for the

10 cross-fertilization between the different bodies management strategies on the basis of the acting in the region and, at the same time, to assessment results. Effective monitoring transfer capacity from successful institutions from programmes should include the sharing of outside the region. harmonized data and information.

Institutional and administrative arrange- In the design of the monitoring programmes ments for consultation and assistance the need of integrated assessments should be taken into account. Cost-effectiveness and a stepwise

approach are also important. In critical situations, such as accidental pollution of transboundary waters, floods and Available experience, such as the work droughts, the riparian parties should provide mutual developed by the Working Group on Monitoring assistance upon request. Assistance should also be and Assessment under the UNECE Water provided in responding to outbreaks and incidents Convention or the TACIS-funded pilot projects of water-related disease and significant threats of (see footnote 12), should be used. such outbreaks and incidents, especially as a result of water pollution or extreme weather. Consultations should be held between the countries 6.4. Access to information and public in the river basin, on the basis of reciprocity, good participation faith and good neighbourliness, at the request of any one of them. Institutional and administrative With a few exceptions, such as the cooperation arrangements should be made among the riparian between Estonia and the Russian Federation on the countries to facilitate consultations and the Lake Peipsi/Narva basin, ongoing cooperation on provision of assistance. These procedures should transboundary waters in the NIS does not really include: provide for public involvement. It is a challenge to • The direction, control, coordination and significantly improve this situation. supervision of assistance; • Local facilities and services to be rendered Countries should strengthen public by the party requesting assistance, including, where participation, also at the transboundary level, by necessary, the facilitation of border crossing establishing specific procedures, including formalities; communication strategies, and by supporting the • Arrangements for protecting, indemnifying formation and activities of NGO associations, on and/or compensating the assisting party and/or its the basis of transparent and reasonable criteria. personnel, as well as for transit through territories Increased use of the Internet could facilitate the of third parties, where necessary; distribution of information. An effective means of • Reimbursement of assistance services. promoting the distribution of information on transboundary waters, to the public and to the Positive experiences from the joint experts, would be to establish an international management of accidental pollution and flooding journal on transboundary water issues, also can be drawn from the Ukrainian-Russian available on the Internet. cooperation on the river Seversky Donets. The involvement of the public should receive 6.3. Monitoring and assessment particular attention in the design of monitoring and assessment programmes, in environmental impact A fundamental feature of transboundary assessments, and in the organization of institutions cooperation is the design and establishment of joint and the promotion of compliance. monitoring and assessment programmes. This process requires countries to define common The development and implementation of information needs on the basis of their water international documents (e.g. water management management policies, and thereafter to design and and contingency plans) and response measures operate monitoring programmes, agree on should also involve the public. Riparian States are assessment strategies and review their water encouraged to provide for the participation of all

11 stakeholders in the preparation and development of reference, clear implementation responsibilities and agreements, and NGOs should be invited to deadlines. These projects should be designed to participate in intergovernmental negotiations and to tackle specific common issues, such as flood comment on draft texts. Due account should be prevention and flood protection or stress on small taken of their input. transboundary watercourses.

Involving water users’ associations and NGOs, 6.7. Recommendations for the development e.g. as non-voting participants in meetings and of projects co-funded by donors other activities of the competent authorities, will improve the quality and the implementation of In the present economic situation, funding policies for sustainable integrated water from donors is very important to develop management. cooperation on transboundary waters. To improve

the chances of attracting funding and to make sure 6.5. River basin management planning that funding is used efficiently, recipient countries and donors should consider the following: River basin management planning, including • Before initiating any projects to support decision-support systems and the integration of transboundary cooperation in a river basin, a land and water management (concerted action thorough analysis of the situation in the basin is plans), comes when cooperation within a river recommended; basin has developed significantly. Among issues • Before starting projects, there should be that should be prioritized at this stage of political commitment, clear mandates for the cooperation are: project participants, access to data and a • Joint targets for the standards and levels of constructive approach towards interagency performance that need to be achieved or maintained cooperation among project partners; to ensure a high level of protection against • If there are political difficulties, projects transboundary impact and water-related disease; with a more technical focus might be the most • Joint or coordinated water-management efficient to initiate; plans to prevent, control and reduce any • External support is often best used to transboundary impact; complement the technical work that the • Joint or coordinated systems for management institution requires to develop policy surveillance and early-warning systems, and provide guidance on specific issues; contingency plans and response capacities as part of, • Donors must not take over responsibility or to complement; for the cooperation, but restrict themselves to • The national systems to respond to providing assistance for initiatives that promote it; outbreaks and incidents of water-related disease • The countries sharing the water basin and significant threats of such outbreaks and should fund basic cooperation on transboundary incidents, especially as a result of water pollution or waters. Outside funding should be focused on extreme weather; developing that cooperation; • Agreed ways and means to jointly assess • Building capacity is generally fundamental, the environmental impact of different economic in particular if there are capacity imbalances among development strategies and sectoral policies, plans, the cooperating partners; programmes and legislative proposals that have an • National capacities should be used as impact on the water environment in river basins. much as possible in the implementation of projects; • It could be useful to arrange a meeting of 6.6. Demonstration projects representatives of donors working in the NIS to coordinate their activities on transboundary water In many cases, the most difficult step is cooperation. If such a meeting takes place, the NIS initiating cooperation, establishing a transboundary should prepare their priorities in transboundary relation and building trust. Useful tools to establish water cooperation. and strengthen cooperation are specific demonstration projects with clear terms of

12 7. Mechanisms for implementation and It is proposed that this document and its follow-up annexes 1 and 3 should be used to monitor progress in the development of cooperation on This paper and additional material from the transboundary rivers. The UNECE and UNEP/ROE Workshop on Transboundary water cooperation in secretariats may update these annexes, in the newly independent States (Moscow, 31 March - collaboration with the NIS, and report on progress 1 April 2003) will serve as background for the at the fourth meeting of the Parties to the Water further work on transboundary waters within the Convention and at the next Ministerial Conference EU Strategic Partnership on Water for Sustainable “Environment for Europe” in Belgrade 2007. Development. Donors and NIS are invited to use this material in the development of future activities.

13

Annex 1

TRANSBOUNDARY WATER BASINS AND RELEVANT AGREEMENTS IN THE NIS

Area of water Water Reference to Transboundary Length of river, No Countries concerned basin / lake, discharge, Agreements river / lake km 103 km2 m3/s (Annex 3)

River Pasvik Russian Federation / 4, 5, 7, 9, 11, 1 18,3 172-195 (Paatsojoki) Norway / Finland 12

Russian Federation / 2 River Kemi 191 27.7 275 7 Finland

Russian Federation / 3 River Vuoksa 156 52.4 600 7, 10 Finland

Russian Federation / 4 River Tuloma 64 6.25 241 7 Finland

Russian Federation / 5 River Narva 77 56.2 41.5 29 Estonia

Lake Peipsi system Russian Federation / 6 3.55 29 Chudskoye/ Estonia

Pskovskoye -

River Neman / Russian Federation / 7 937 98.2 678 Nemunas Lithuania

Belarus / Lithuania

Russian Federation / River Dnepr Belarus 34, 39 8 2200 504 1670 Belarus / Ukraine 38

Ukraine / Russian 19 Federation

River Daugava Russian Federation / 9 1020 87.9 700 34, 39 (Zapadnaya Dvina) Belarus

Belarus / Latvia

10 River Pripyat Belarus / Ukraine 775 11.4 460 38

14

Area of water Water Reference to Transboundary Length of river, No Countries concerned basin / lake, discharge, Agreements river / lake km 103 km2 m3/s (Annex 3)

11 River Bug Belarus / Poland 831 73.5 - Ukraine / Poland 27

14, 21, 22, 12 River Tisza Ukraine / Slovakia 966 157 810 11, 22, 33 Ukraine / Hungary

Ukraine / Romania 22, 31 Republic of Moldova / 13 River Prut 967 27.5 80 Romania 13 Ukraine / Republic of 21, 22 Moldova

Ukraine / Republic of 14 River Dniester 1352 72.1 310 22, 23 Moldova

Ukraine / Hungary 15 River Danube 2850 817 6430 22, 33 Ukraine / Republic of 22, 23 Moldova

River Seversky Ukraine / Russian 16 1053 98.9 190 19 Donets Federation

Russian Federation / 17 River Psou 0.42 17.3 Georgia

18 River Alazani Georgia / Azerbaijan 351 10.8 98

19 River Iori Georgia / Azerbaijan 320 4.65

20 River Kura Georgia / Azerbaijan 1364 188 575 30 19 Georgia / Turkey

21 River Choloki Georgia / Turkey 438 22 285 2, 36

Azerbaijan / Russian 22 River Samur 213 7.33 75 Federation

Azerbaijan / Turkey 2, 3 23 River Araks 1072 102 285 Armenia / Turkey 2, 3

Azerbaijan / Iran 6

24 River Bolshoy Uzen’ Russian Federation / 650 15.6 18

15

Area of water Water Reference to Transboundary Length of river, No Countries concerned basin / lake, discharge, Agreements river / lake km 103 km2 m3/s (Annex 3)

Kazakhstan

Russian Federation / 25 River Maliy Uzen’ 638 18.2 18 Kazakhstan

Russian Federation / 26 River Irtysh 4248 1643 2830 18 Kazakhstan

Russian Federation / 27 River Ural 248 231 400 18 Kazakhstan

Russian Federation / 28 River Tobol 1591 426 805 18 Kazakhstan

Russian Federation / 29 River Ishim 2450 177 56.3 18 Kazakhstan

Russian Federation / 30 River Volga 20 18 Kazakhstan

Kazakhstan / 31 River Chu 1067 6265 70 35 Kyrgyzstan

Kazakhstan / 32 River Talas 661 52.7 35 Kyrgyzstan

Kazakhstan / Kyrgyzstan / 17 Uzbekistan / 33 River Syr Darya 2212 (3019) 219 446-703 Tajikistan /

Turkmenistan 28 Kyrgyzstan / Uzbekistan

Kazakhstan / Kyrgyzstan / 17 34 River Amu Darya Uzbekistan / Tajikistan 1415 309 2000 (?) / Turkmenistan Uzbekistan / 25 Turkmenistan

16

Area of water Water Reference to Transboundary Length of river, No Countries concerned basin / lake, discharge, Agreements river / lake km 103 km2 m3/s (Annex 3)

35 River Zeravshan Uzbekistan / Tajikistan 877 1767 *21 17

Turkmenistan / 36 River Murgab 978 46.9 52 Afghanistan

37 River Atrek Turkmenistan / Iran 669 27.3 1

River Tedzhen 38 Turkmenistan / Iran 1150 70.6 30 22 1 (Geri-Rud)

Tajikistan / 39 River Pjanj 971 114 1000 Afghanistan

River Black Irtish 40 Kazakhstan / China 37 (Irtish)

41 River Ili Kazakhstan / China 1001 140 329 37

Russian Federation / 42 River Selenga 1024 447 > 900 24 Mongolia

Russian Federation / 2824 43 River Amur 1855 10900 16, 20, 32 China (4480) 23

Russian Federation / 44 River Argun 1620 164 340 16 China

Russian Federation / 45 River Ussuri 897 193 1200 20 China

Russian Federation / 46 Lake Khanka 4.19 26 China

Annex 2 17 MAP OF TRANSBOUNDARY RIVERS AND LAKES IN THE NIS

18 Annex 3

BILATERAL AND MULTILATERAL AGREEMENTS IN THE NIS ON TRANSBOUNDARY WATERS

N° Agreement Field of application River basin Area of application Signatories and/or Date and place of Joint body Source of Contracting signature information Parties

1 Agreement between the USSR and Water allocation, Geri-Rud The rivers Geri-Rud USSR, Persia Signed 20 February Joint SziR USSR 25 Persia on the joint use of construction of water (Tejen), Atrek (Tejen), Atrek and other 1926 in Poltoratsk commission transboundary rivers and waters reservoirs transboundary waters (Ashgabat), when it between the along the border from the river also entered into USSR and Geri-Rud to the Caspian sea force Persia.

2 Convention between the Republic Irrigation, water supply, Araks, Surface waters which USSR, Turkey Signed 8 Joint SZ USSR 27 of Turkey and the Union of Soviet regulation Choloki, Kura, form or cross the January1927 in Commission Socialist Republics concerning Arpa-Chai and frontiers between USSR Kars; between USSR water use of border rivers and others and Turkey entered into force and Turkey.

streams 26 June 1928 26

3 Protocol to the Convention Construction of a dam Araks River Araks USSR, Turkey Signed 8 January SZ USSR 28 between the Republic of Turkey and a water reservoir on 1927; Entered into and the Union of Soviet Socialist the Araks river. force 26 June 1928. Republics concerning water use of border rivers and streams

N° Agreement Field of application River basin Area of application Signatories and/or 19 Date and place of Joint body Source of Contracting signature information Parties

4 Agreement between Norway and Hydropower Pasvik River Pasvik in the area USSR, Norway Signed 18 ECE/ENVWA/ the Union of Soviet Socialist production, of the state boundary December 1957 in 32 Republics on the utilization of construction of Oslo; water power on the Pasvik hydrotechnical Entered into force (Paatso) river installations 27 June1958

5 Agreement between the Water regulation, water Paatsojoki Lake Inari, River USSR, Norway, Signed 29 April The Commission The Russian Government of the Union of supply, hydropower (Pasvik) Pasvik (Paatsojoki) Finland 1959 in Moscow; is appointed by Federation Soviet Socialist Republics, the production, damage Entered into force the relevant Government of Norway and the compensation in the same date ministries of the Government of Finland connection with Contracting concerning the regulation of the flooding, caused in Parties lake Inari by the Kaitakoski connection with the hydro-electric power station and construction of the dam hydropower station.

6 Agreement between the Irrigation, water regu- raks River Araks USSR, Iran Signed 27 July Meeting of Azerbaijan Government of the Union of lation, construction of 1963 in Teheran; Representatives Soviet Socialist Republics and the hydropower station, Entered into force of the Shahinshan´s government of Iran construction of 25 June 1965. Contracting on economic and technical fish-breeding plant etc Parties cooperation

7 Agreement between the Union of Protection of water Pasvik All borderwaters, USSR, Finland Signed Joint Russian Soviet Socialist Republics and the resources, water supply, (Paatsojoki), including lakes, rivers 24 April 1964 in Commission on Federation Republic of Finland on border navigation Tuloma, and streams Helsinki; the Utilization of water systems Kemi, Entered into force Border Waters Olanga, 6 May 1965 Oulu, Vuoksa

N° Agreement Field of application River basin Area of application Signatories and/or Date and place of Joint body Source of 20 Contracting signature information Parties

8 Agreement between the Protection of water Neman, All transboundary waters USSR, Poland Signed Each Party ECE/ENVWA/ Government of the Polish People’s resources, water Pregel, Wisla which form or cross the 17 July 1964 in appoints a 32 Republic and the Government of regulation, water frontiers between USSR Warsaw; representative and the the Union of Soviet Socialist installations, , water (Belarus, Lithuania, Entered into force his deputies, Republics concerning the supply, flooding, Russian Federation, 16 February1965 who conduct management of water resources in irrigation, erosion Ukraine) and Poland negotiations and border waters control may set up working groups

9 Agreement between the Fishery Pasvik River Jakobs (Voriema), USSR, Norway Signed Russian Government of the Union of (Paatsojoki) River Pasvik (Paatsojoki) 7 December 1971 Federation Soviet Socialist Republics and the in Oslo Government of Norway on the regulation of fishing and conservation of fish stocks in the Greense Jakob river (Voriema) and Pasvik river (Patsojoki)

10 Agreement between the Hydropower production Vuoksa The section of the River USSR, Finland Signed Joint Russian Government of the Union of Vuoksa between the 12 July 1972, Commission Federation

Soviet Socialist Republics and the hydroelectric power in Helsinki; Government of Republic of stations of Imatra and Entered into force Finland on the energy use in the Svetlogorsk 7 February1973 section of the Vuoksa river between the Imatra and Svetlogorsk hydroelectric stations

N° Agreement Field of application River basin Area of application Signatories and/or 21 Date and place of Joint body Source of Contracting signature information Parties

11 Agreement between the Water supply Pasvik Water reservoir of the Norway, USSR Signed and ECE/ENVWA/ Government of the Kingdom of (Paatsojoki) Borisoglebsk entered into force 32 Norway and the Government of Hydropower Plant on the 20 May 1976 the Union of Soviet Socialist River Pasvik Republics concerning water abstraction by Norway from the upper reservoir of the Borisoglebsk hydropower plant at the transboundary river Pasvik

12 Protocol between the Government Fisheries Pasvik Lake Inari Finland, USSR Signed 14 ECE/ENVWA/ of Finland and the Government of (Paatsojoki) December 1983 in 32 the Union of Soviet Socialist Moscow Republics on the participation of Soviet organizations in pisciculture measures to preserve the fish stocks in lake Inari

13 Agreement between the Protection and use of Danube Transboundary USSR, Romania Signed 9 April Plenipotentiaries Government of the Union of water resources, water watercourses 1986 in Moscow of the Soviet Socialist Republics and the management measures governments and Government of the Socialist their deputies Republic of Romania concerning cooperation in the management of transboundary waters

N° Agreement Field of application River basin Area of application Signatories and/or Date and place of Joint body Source of 22 Contracting signature information Parties

14 Agreement on the protection of the Protection of water Danube River Tisza and its Hungary, Romania, Signed 28 May Meetings of ECE/ENVWA/ river Tisza and its tributaries resources tributaries USSR, 1986 in Szeged representatives 32 against pollution Czechoslo-vakia, from official Yugoslavia organizations of the Contracting Parties

15 Treaty between the Government of Water regulation, Danube All surface waters which Hungary, USSR Signed 22 June Joint ECE/ENVWA/ the Hungarian People’s Republic management of form or cross the borders 1986; Commission 32 and the Government of the Union transboundary waters between the two States Entered into force of Soviet Socialist Republics on 20 November water management problems in 1986 the border region

16 Agreement between the Management of Amur Rivers Amur and Argun’ USSR, Signed and entered Soviet-Chinese Russian Government of the Union of transboundary water upstream of Khabarovsk, People’s Republic into force Joint Federation Soviet Socialist Republics and the resources where they form the of China 23 October 1986 in Commission Government of the People’s border between the two Moscow Republic of China on the creation States of the Soviet-Chinese commission for leading the development of plans for the complex use of border sections of the rivers of

Argun and Amur

17 Agreement between the Republic Water regulation, Basins of the All transboundary Kazakhstan, Signed Inter-State Tajikistan of Kazakhstan, the Kyrgyz protection of water Rivers Amu watercourses and lakes Kyrgyzstan, 18 February1992 in Commission for Republic, Republic of Uzbekistan, resources, water supply, Darya, Syr shared by the Uzbekistan, Almaty; Water Republic of Tajikistan and irrigation Darya, and the Contracting Parties in the Tajikistan, Entered into force Coordination Turkmenistan on cooperation with Aral Sea Aral Sea basin Turkmenistan on the same date regard to joint management of use and protection of water resources

from interstate sources

N° Agreement Field of application River basin Area of application Signatories and/or 23 Date and place of Joint body Source of Contracting signature information Parties

18 Agreement between the Protection of water Ob, Ural, All surface waters and Kazakhstan, Signed 27 August Joint Russian- ECE/ENVWA/ Government of the Russian resources, water supply, Volga groundwaters which Russian Federation 1992 in Orenburg; Kazakhstan - 32 Federation and the Government of irrigation and floods form or cross the frontier Entered into force Commission on the Republic of Kazakhstan water regulation between the two States, the same date Transboundary concerning the joint use and including transboundary Waters protection of transboundary waters in the catchment waters 29 areas of the Rivers Ishim, Irtysh, Ural, Tobol and Volga (eastern part of the delta)

19 Agreement between the Protection of water Dnepr, Don Transboundary sections Ukraine, Russian Signed Government ECE/ENVWA/ Government of Ukraine and the resources, water of all surface waters and Federation 19 October 1992 Plenipotentiaries 32/Add.1 Government of the Russian regulation, water groundwaters in the in Kiev; Federation concerning the joint supply, floods and other catchment area of the Entered into force use and protection of aspects of water River Desna and the the same date transboundary water objects resources management River Seversky Donets

SSPI Garant 30 20 Agreement between the Management of living Amur, Ussuri River Amur Russian Signed Joint Government of the Russian water resources (downstream to the Federation, 27 May 1994 Commission Federation and the Government of confluence of Rivers People’s Republic in Beijing the People’s Republic of China Argun and Shilka), River of China concerning cooperation on Ussuri (downstream to protection, regulation and the confluence with the reproduction of living water River Sungacha) and resources in the border rivers nearby reservoirs Amur and Ussury

N° Agreement Field of application River basin Area of application Signatories and/or Date and place of Joint body Source of 24 Contracting signature information Parties

21 Agreement between the Water supply and Tisza All transboundary waters Ukraine, Slovakia Signed 14 June Joint Ukraine- Ukraine Government of Ukraine and the regulation which form or cross the 1994 in Bratislava Slovak Government of Slovak Republic border between the two Commission on on water management issues in States, including the Transboundary border waters rivers Uzh and Latoritsa Water Issues

22 Convention on cooperation for the Sustainable Danube Surface waters and Austria, Bulgaria, Signed International ECE/ENVWA/ protection and sustainable use of management of water groundwater in the Croatia, Germany, 29 June 1994 in commission for 32/Add.1 the river Danube resources, including the catchment area of the Hungary, Republic Sofia the Protection of conservation, Danube in those States of Moldova, the Danube improvement, rational that include at least Romania, Slovakia, River and equitable use of 2000 km ² of its total Ukraine, European waters, reduction of hydrological catchment Union accident hazards, water area regulation, floods, hydropower production in hydropower stations, water transfer and withdrawal

23 Agreement between the Water improvement and Dnester, All surface waters, which Republic of Signed 23 Government ECE/ENVWA/ Government of the Republic of regulation, water supply Danube form or cross the frontier Moldova, Ukraine November 1994 in Plenipotentiaries 32/Add.2 Moldova and the Government of between the two States Chisinau Ukraine on the joint use and

protection of transboundary waters

24 Agreement between the Protection of water Amur, All surface waters, which Russian Signed Government ECE/ENVWA/ Government of the Russian resources Yenisey, form or cross the border Federation, 11 February 1995 Plenipotentiaries 32/Add.2 federation and the Government of Lake Baikal between the two States, Mongolia in Ulan-Bator Mongolia on the protection and including Rivers Onon, use of transboundary waters Selenga and waters draining into the River Yenisey

N° Agreement Field of application River basin Area of application Signatories and/or 25 Date and place of Joint body Source of Contracting signature information Parties

25 Agreement between Turkmenistan Regulation of water use Amu Darya Amu Darya river basin Turkmenistan, Signed Water Basin Uzbekistan, and Republic of Uzbekistan on Uzbekistan 16 January 1996, in Organization Turkmenistan cooperation on water management Chardzhou Amu Darya issues

26 Agreement between the Establishment of the Amur Lake Khanka Russian Signed Joint Russian Government of the Russian lake nature reserve, Federation, 25 April 1996 Commission Federation Federation and the Government of protection of flora, People’s Republic in Beijing the people’s Republic of China fauna and nature of China concerning the nature reserve ecosystems, support of “lake Khanka” bilateral cooperation on nature management and moni-toring of ecosystems, environmental education

27 Agreement between the Irrigation, water supply, (Zapadnyi) All transboundary Poland, Ukraine Signed Joint Ukraine Government of Ukraine and the water regulation Bug, Wisla waters, forming or 10 October 1996 in Ukraine-Polish Government of Poland on crossing the border Kiev Commission on cooperation in the area of water between Ukraine and transboundary management of transboundary Poland water issues waters

28 Agreement between the Regulating of water use Syr Darya Syr Darya river, Uzbekistan, Signed 25 Water Basin Uzbekistan Government of the Republic of in Syr Darya providing Naryn-Syr Darya Kyrgyzstan December 1996 in Organization Syr Uzbekistan and the Government of for vegetation hydropower stations Tashkent Darya Republic of Kyrgyzstan on the discharges cascade use of water-energy resources of Naryn-Syr Darya’s hydropower

stations cascade in 1997

N° Agreement Field of application River basin Area of application Signatories and/or Date and place of Joint body Source of 26 Contracting signature information Parties

29 Agreement between the Organization of Narva Transboundary waters of Russian Signed 20 August Joint Russian Government of the Russian cooperation on the basin the Narva river Federation, Estonia 1997 Commission Federation Federation and the Government of protection and rational basin including Lake in Moscow the Republic of Estonia use of transboundary Peipsi (Lake concerning the cooperation on waters and their Pskovsko-Chudskoje) protection and rational use of ecosystems transboundary waters

30 Memorandum of understanding Harmonization of water Mtkvari-Kura Basin of River Mtkvari / Georgia, Signed 16 Regular Azerbaijan, between the Ministry of quality monitoring and Kura Azerbaijan September 1997 meetings of Georgia Environmental Protection of assessment representatives Georgia and the State Committee of Parties for Ecology and Natural Resources of the Azerbaijan Republic on the collaboration on the development and implementation of the joint pilot project on monitoring and assessment in the Mtkvari / Kura river basin

31 Agreement between the Irrigation, water supply, Danube, Tisza, All surface waters which Romania, Ukraine Signed Government Ukraine Government of Romania and the water regulation Prut, Siret form or cross the border 30 September 1997 representatives Government of Ukraine on between Romania and in Galati cooperation in the field of Ukraine transboundary water management

N° Agreement Field of application River basin Area of application Signatories and/or 27 Date and place of Joint body Source of Contracting signature information Parties

32 Agreement between the Regulation of economic Amur Islands in the Amur river Russian Signed SS Garant 31 Government of the Russian activity on border areas and adjoining water Federation, 10 November 1997 Federation and the Government of areas People’s Republic in Beijing the People’s Republic of China on of China guiding principles for joint economic use of separate islands and adjoining water areas in border rivers

33 Agreement between the Water supply and Tisza All transboundary Ukraine, Hungary Signed 11.11.1977 Government Ukraine Government of Ukraine and the regulation waters, which form or at Budapest plenipotentiaries Government of Hungarian cross the border between Republic on water management in Ukraine and Hungary transboundary waters

34 Agreement on basic principles of Protection of surface Transboundary Transboundary water Belarus,Russian Signed SS Garantt 32 cooperation on the rational use and waters and water basins basins shared by the Federation, 11 September 1998 protection of transboundary water groundwaters, shared by the Contracting Parties Tajikistan in Moscow; bodies of the CIS member states determination of joint Contracting Entered into force principles for use and Parties 6 June 2002 allocation of water resources

35 Agreement between the Regulating of the use of Chu, Talas Rivers Chu, Talas and Kazakhstan. Signed Joint Kazakhstan Government of the Republic water management water reservoirs on these Kyrgyzstan 21 January 2000 Commission Kazakhstan and the Government installations rivers in Astana; Entered of Kyrgyz Republic on the use of into force 16 April interstate water management 2002 installations on the rivers Chu and Talas

N° Agreement Field of application River basin Area of application Signatories and/or Date and place of Joint body Source of 28 Contracting signature information Parties

Georgia 36 Memorandum between the Observation of river Choloki Choloki river basin Georgia, Turkey Signed 19 January Ministry of Environmental sediment transport 2002 in Ankara Protection of Georgia and the General Directorate of State Water Economy of the Ministry of Energy and Natural Resources of the Republic of Turkey

Kazakhstan 37 Agreement between the Protection of water Chernyi Irtysh All surface waters which Kazakhstan, China Signed Joint Government of the Republic resources - Irtysh, Ili form or cross the border 12 September 2001 Commission Kazakhstan and the Government between the two States, in Astana of Republic of China concerning including the rivers cooperation on the use and Chernyi Irtysh - Irtysh protection of transboundary waters and Ili

Ukraine 38 Agreement between the Water resources Dnepr, Pripyat All transboundary waters Belarus, Ukraine Signed Government Government of the Republic research, forming or crossing the 16 October 2001 Plenipotentiaries Belarus and the Cabinet of Inter-basin water border between Belarus in Kiev Ministers of Ukraine on the joint allocation, and Ukraine use and protection of protection of surface transboundary waters and ground waters,

water regulation, navigation

39 Agreement between the Protection of water Dnepr, All transboundary Russian Signed Joint Russian Government of the Russian bodies, hydro-technical Zapadnaya waters, including Rivers Federation, 24 May 2002 Commission Federation, Federation and the Government of installations, water Dvina Dnepr, Belarus in Minsk Belarus the Republic of Belarus on the research, public Zapadnaya Dvina, cooperation on protection and information, support to Sozh rational use of transboundary local cooperation water bodies

N° Agreement Field of application River basin Area of application Signatories and/or 29 Date and place of Joint body Source of Contracting signature information Parties

40 Decision made by the heads of the Measures on integrated Rivers Amu All watercourses and Kazakhstan, Signed Existing joint Kazakhstan, Central Asian States on “Main management of water Darya, lakes of the Parties of the Kyrgyzstan, 6 October 2002 in bodies: Kyrgyzstan, directions of the programme for resources, Syr Darya, Decision in the Aral Sea Tajikistan, Dushanbe Inter-State Tajikistan, concrete actions to improve the hydro-technical The Aral Sea basin Turkmenistan, Commission for Turkmenistan, ecological and socio-economic installations, solving of Uzbekistan Water Uzbekistan situation in the Aral sea basin for socio-economic Coordination, the period 2003-2010” problems, development Inter-State of the legal basis for Commission for interstate organisations Sustainable Development and International Fund for Saving the Aral Sea

30 Annex 4

EXAMPLES OF ENVIRONMENTAL AGREEMENTS IN THE NIS WITH IM- PLICATIONS FOR COOPERATION ON TRANSBOUNDARY WATERS

No Agreement Signatories and/or Date and place Contracting Parties of signature

1 Agreement on interaction in the field of Armenia, Azerbaijan, Belarus, Kazakhstan, 8 February 1992, ecology and environmental protection Kyrgyzstan, Republic of Moldova, Russian Moscow Federation, Tajikistan, Turkmenistan, Ukraine, Uzbekistan

2 Agreement on joint actions for solving Kazakhstan, Kyrgyzstan, Tajikistan, 26 March 1993, Kzil problems of Aral Sea and near-Aral region, Turkmenistan, Uzbekistan Orda environmental normalization and ensuring of social-economic development of the Aral region

3 Agreement between the Government of the Russian Federation, China 27 May 1994, Beijing Russian Federation and the Government of the People’s Republic of China on co-operation in the field of environmental protection

4 Almaty Declaration Kazakhstan, Kyrgyzstan, Tajikistan, 28 February 1997, Turkmenistan, Uzbekistan Almaty

5 Agreement between the Government of the Kazakhstan, Kyrgyzstan, Tajikistan, 29 May 1997, Republic of Kazakhstan, the Government of Turkmenistan, Uzbekistan Tashkent the Republic of Kyrgyzstan, the Government of the Republic of Tajikistan, the Gove rnment of Turkmenistan and the Government of the Republic of Uzbekistan concerning the status of the International Fund for Saving the Aral Sea (IFAS) and its organizations

6 Agreement between the Government of the Kazakhstan, Kyrgyzstan, Republic of 17 March 1998, Republic of Kazakhstan, the Government of Uzbekistan Bishkek the Republic of Kyrgyzstan and the Government of the Republic of Uzbekistan on co-operation in the field of environmental protection and rational use of the nature

31

No Agreement Signatories and/or Date and place Contracting Parties of signature

7 Agreement on co-operation in the field of Armenia, Azerbaijan, Belarus, Georgia, 13 January 1999, environmental monitoring Kazakhstan, Kyrgyzstan, Republic of Saratov Moldova, Russian Federation, Tajikistan, Uzbekistan

8 Agreement between the Government of the Russian Federation, Lithuania 29 June 1999, Moscow Russian Federation and the Government of the Lithuanian Republic on co-operation in the field of environmental protection

32 Annex 5

EXAMPLES OF DRAFT AGREEMENTS PROPOSED OR UNDER NEGOTIATION IN THE NIS

Agreement River basin Signatories and/or No Contracting Parties

1 Agreement between the Government of the River Samur Russian Federation, Russian Federation and the Government of Azerbaijan the Azerbaijan Republic on co-operation in the field of rational use and protection of waters resources of the border river Samur

2 Agreement between the Government of the River Daugava (Zapadnaya Dvina) Russian Federation, Russian Federation, the Government of Belarus, Latvia Belarus and the Government of the Latvian Republic on co-operation on the use and protection of water resources of the Daugava (Zapadnaya Dvina) river basin

3 Agreement between the Government of the River Neman (Nemunas) Russian Federation, Russian Federation, the Government of Belarus, Lithuania Belarus and the Government of the Lithuanian Republic on co-operation in the field of use and protection of water resources of the Neman (Nemunas) river basin

4 Agreement between the Government of the Rivers Amur, Ussury, Argun Russian Federation, Russian Federation and the Government of China the People’s Republic of China on co-operation in the field of protection and rational use of transboundary waters

5 Convention between the Republic of River Dniester Moldova, Poland, Moldova, the Polish Republic and Ukraine Ukraine concerning conservation of landscape and biological diversity and rational use of natural resources of the Dnester river basin

33

Annex 6

PARTICIPATION OF NIS IN UNECE MULTILATERAL ENVIRONMENTAL AGREEMENTS

Date of ratification, accession, acceptance or approval Country Transboundary Industrial Public Water Protocol on EIA Accident participation Convention32 Water and Health Convention 33 Convention 34 Convention 35

Armenia 21 February 1997 21 February 1997 1 August 2001

Azerbaijan 3 August 2000 9 January 2003 25 March 1999 23 March 2000

Belarus 29 May 2003 9 March 2000

Georgia 11 April 2000

Kazakhstan 11 January 2001 11 January 2001 11 January 2001 11 January 2001

Kyrgyzstan 1 May 2001 1 May 2001

Moldova 4 January 1994 4 January 1994 4 January 1994 9 August 1999

Russian Federation 2 November 1993 31 December 1999 1 February 1994

Tajikistan 17 July 2001

Turkmenistan 25 June 1999

18 November Ukraine 8 October 1999 20 July 1999 1999

Uzbekistan

PART II

PROSPECTS FOR WATER COOPERATION IN THE NIS REGION

37 STATUS OF TRANSBOUNDARY WATERS AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS IN THE REPUBLIC OF AZER- BAIJAN

M. Adigezalova

Azerbaijan’s water resources are very limited one State alone and may not be used for selfish (15% of the total water resources of the South purposes. Azerbaijan is currently pursuing a State Caucasus). The total surface-water resources of policy for the rational use and protection of water transit rivers constitute about 70 per cent, and only resources, including transboundary rivers, based on 30 per cent of surface waters originate in the the international water legislation. territory of Azerbaijan. The Kura river supplies the drinking water of 75 per cent of the country’s The fundamental principles of the State’s population. A fundamental problem of the Kura water policy are based on an analysis of positive basin is its pollution. Owing to the country’s international experience and the current situation: geographical location - Azerbaijan is situated on the • Basin planning and local administration of lower course of the Kura - all the pollution from the water management activities; territory of Georgia and Armenia passes through • Constant and consistent reduction of Azerbaijan. Not only is transboundary pollution harmful impacts on bodies of water, and destroying the whole ecosystem of the Kura and its the need for more economical water use; main tributary, the Araks, it is also inflicting • Gradual transition to self-funding in the enormous damage on the unique water system of water sector of the economy; the Caspian Sea, into which the Kura finally • Transparency and widespread public discharges. involvement in the preparation and taking of decisions. The rivers flowing into Azerbaijan carry water whose pollutant content exceeds the established The clearly formulated State water policy is norms by five to 15 times according to various creating a platform for agreement on the reasonable indicators. The use of the polluted waters of these and equitable solution of joint-use issues and the rivers for irrigation and everyday needs has resulted rehabilitation and protection of transboundary in acute pollution of soils by copper and waters. molybdenum and a decline in the productivity of farm crops and livestock, as well as slowing the The State water policy is designed to ensure: development of young animals and causing a • Access by all population groups to safe number of pathological changes and diseases. More drinking water which meets hygiene than 40 per cent of the valley part of the area is now standards; saline, and the main cause of salination is the use of • Exercise of the rights of present and future polluted water and water with a high mineral generations with regard to environmentally content. sound use of the water-resource potential; • Matching of economic requirements to the It is generally accepted that transboundary sustain-ability of environmentally sound water resources are the common heritage of water resources; mankind, the basis of its well-being and guarantee • Transparency and widespread public of its survival and development. The waters of involvement in the preparation and taking transboundary watercourses are not the property of of decisions.

38 The water resources of the Araks are To the north of the frontier between distributed in accordance with a bilateral agreement Azerbaijan and Russia flows the river Samur, with Iran, Azerbaijan’s neighbour to the south. A which plays an important role in land irrigation and Joint Iranian-Azerbaijani Commission on the use of water supply for the cities of Baku and Sumgait. the water and energy resources of the Araks has Since long ago the peoples of Azerbaijan and been established. Dagestan (part of Russia) have been using the water resources of this river without any problems. A The Kura basin is covered by the following treaty is being drafted by the Governments of bilateral agreements: Russia and Azerbaijan on cooperation on the • The Protocol on the outcome of the rational use and protection of the water resources of negotiations between the governmental the transboundary river Samur in accordance with delegations of Georgia and the the UNECE Convention on the Protection and Use Azerbaijani Republic on the use of water of Transboundary Watercourses and International resources (27 December 1997); Lakes (UNECE Water Convention, Helsinki, 17 • The Memorandum of Understanding March 1992) and other instruments. between the Ministry of the Environment of Georgia and As things stand at present, Azerbaijan has the State Committee for Ecology and ratified 15 important international conventions, Natural Resources of the Azerbaijani including the UNECE Water Convention and its Republic on collaboration in the Protocol on Water and Health (London, 17 June development and implementation of pilot 1999) . Unfortunately, Georgia and Armenia have monitoring and assessment projects in the not ratified this extremely important UNECE Kura basin Convention, a circumstance which is impeding the (16 September 1997); development of international cooperation on • The Agreement between the Government transboundary rivers. of Georgia and the Azerbaijani Republic on environmental protection (18 February The sustainable economic development and 1997). environmental security of the South Caucasus region are making serious demands on the use of In addition to the instruments mentioned above water resources and they dictate a need to produce a there a number of agreements on use of the “Plan for the integrated use and protection of the international Lake Dzhandari. water resources of the Kura basin” in the light of the situation in the river’s lower reaches. In view of Regulation of the use and protection of water the complicated political situation in the region, resources shared with Armenia is impossible at such a plan must be formulated under the auspices present owing to the political situation. of international organizations and attract foreign investment.

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39 WATER RESOURCES OF THE REPUBLIC OF AZERBAIJAN AND THEIR USE

N. KAZIBEKOV

Azerbaijan has been a sovereign State since crops are grown on irrigated land. Most of the 1991. The Republic is located on the western shore arable land is located in the valleys, where large of the Caspian Sea at the foot of the Bolshoi and harvests of farm products depend on irrigation and Maly Kavkaz mountains. It borders on Russia to the continual land-improvement measures. Irrigated north, Georgia to the north-west, Armenia to the land accounts for 1.45 million ha out of a total land west, and Turkey and Iran to the south. It has a area suitable for agriculture of 4.2 million ha. population of 8.2 million and an area of 86,600 Integrated land-improvement measures are carried square kilometres. Azerbaijan is the largest State in out on 610,000 ha of this land, and a the South Caucasus; its distinguishing features are collection/drainage system has been built. its landscape, its captivating fauna and flora, its Azerbaijan has constructed 135 reservoirs with a rugged relief and its varied climate. Nine of the total volume of 21.5 billion m3, 49,100 km of planet’s 11 natural climatic zones are found in irrigation channels, 30,400 km of Azerbaijan, and its relief ranges from a high point collection/drainage channels, 110,000 water of 4,466 metres to a low of minus 27 metres. management facilities, 881 pumping stations, more Eighteen per cent of its total territory is below sea than 7,000 subartesian boreholes, and 1,700 level. Valleys and low-lying areas occupy 39 per kilometres of defensive dams, as well as large cent, and 11 per cent of the land is forested. irrigation complexes and other installations.

Azerbaijan’s fluvial network has a total of The resources available for longer-term 8,530 rivers. Its main water artery is the Kura (an agricultural development are not entirely exhausted. overall length of 1,515 km and a catchment basin of The soil and climatic conditions offer opportunities 188,000 km 2). Azerbaijan’s internal watercourses to increase the area of irrigated land to 3-3.5 have there highest flow rates in the autumn months. million ha. But the scarcity of water resources Since the flows of most of the rivers are impedes the implementation of such measures. At unregulated, they cannot be used effectively in the present the country’s average annual water deficit rainy season. In summer most of the rivers dry up. amounts to 3.7 km 3, or 4.7 km 3 in dry years. Over a The country’s water resources are limited. The year the country consumes roughly 10-13 km 3 of volume of surface water totals 32.2 km 3. In dry water, 60-70 per cent of which is used in years this volume can fall to 23 km 3. Groundwater agriculture, 20-25 per cent in industry, and 5-7 per stocks stand at 5.2 km 3. cent for drinking-water and other everyday needs.

Seventy per cent of Azerbaijan’s water In recent years global climate changes and a resources come from transboundary rivers. lengthy drought have been sharply reflected in Satisfaction of the demand for water will require reduced flows of the Kura and Araks. Since 1989 it the construction of regulatory installations on the has been impossible to fill the Minchegaur reservoir rivers and the redistribution of their flows. From to its capacity of 15.7 km 3. As a result of the drop time immemorial agriculture in Azerbaijan has in the volume of water abstracted from natural been based on irrigation. sources, the area of irrigated land has declined by 300,000 ha. Because of the dry climate and the variety of soil characteristics 90 per cent of the country’s farm

40 Raising the level of the Caspian Sea by 2.5 economic irrigation techniques and technology, the metres had a serious impact on groundwater levels formulation and implementation of efficient in coastal zones and over the last 20 years has land-improvement and water-management damaged the country’s economy to the tune of $US measures, and the consolidation of management 12 billion. principles. But the existing difficulties of the transitional period make it impossible to translate Apart from the water shortage, the main index all these ideas fully into realities. In accordance of the increasing socio-economic pressures is the with the requirements of a market economy serious pollution of the transboundary rivers Azerbaijan has seen a gradual shift since 1997 to flowing out of Armenia and Georgia. Heavily payment for water use. Users’ initiatives have polluted water flows into Azerbaijan in such rivers resulted in the formation of 550 water users’ as the Kura, Araks, Okhchuchai and other associations, which address questions of the transboundary watercourses. Since the pollution of rational use of water resources and their distribution the Okhchuchai has passed the critical levels, this among consumers. river is designated “dead”. The average annual pollutant load in the waters of these rivers (mainly Having chosen the option of establishing a phenol, copper and oil products) exceeds the democratic State, Azerbaijan has signed and ratified permissible health limits by a factor of 15, and in 14 international environmental conventions. Guided summer months the excess becomes even greater. by the international water resource instruments Every year the waters of these rivers carry into Azerbaijan is now pursuing a State policy for the Azerbaijan 2,200 tons of suspended substances, protection and use of the waters of transboundary 1,400 tons of oil products, 100 tons of phenol, and rivers and is building its relations with 1,300 tons of heavy metals. One of the basic causes neighbouring countries in strict compliance with of the pollution of the transboundary rivers is the the Convention on the Protection and Use of enormous influx from the territory of Armenia and Transboundary Watercourses and International Georgia of over 430 million m 3 of untreated Lakes (the Water Convention), adopted at Helsinki household and other waste water. and ratified by Azerbaijan on 14 March 2000.

One of the fundamental problems, one causing Use of the water resources of the serious alarm, is the consumption by 75 per cent of transboundary rivers Kura and Khrami is currently the population of Azerbaijan of drinking water regulated by bilateral agreements between which falls very far short of the health and hygiene Azerbaijan and Georgia. Close links have been standards. Unless serious measures are taken in this established between Azerbaijan and Iran with area in the very near future it is difficult to imagine regard to use of the water resources of the the scale of the potential adverse consequences. In transboundary river Araks. Iran and Azerbaijan order to solve these problems during the transition have created a Standing Commission on joint use of to a market economy, the Committee on Land the water and energy resources of this river. The Improvement and Water Management, which transboundary river Samur, which flows along the carries out the unified State policy, is reforming and frontier between Azerbaijan and Russia, plays a reorganizing its structure and repairing, leading part in supplying water to the cities of Baku rehabilitating and rebuilding the water management and Sumgait and to the Apsheron peninsula, in systems with funds from the State budget and addition to its use for irrigation purposes. Work is foreign investments. currently proceeding on the preparation of a draft convention on joint use of the water resources of The purpose and role of the reforms are also the Samur, in accordance with the international reflected in a new attitude towards the environment, conventions. characterized by the rational use and protection of water resources, a legal basis for which has been The comprehensive solution of problems of provided by the enactment of laws and 30 the protection of the water resources of regulatory instruments. The effective use of water transboundary rivers is virtually impossible owing resources requires the introduction of modern and to the years-long conflict with Armenia. For

41 example, as a result of inadequate technical completing the reconstruction of the Kurinsk and maintenance Azerbaijan’s highest dam (135 m), at Dzheiranbatan water-treatment plants and the the Sarsang reservoir, which lies in occupied partial renovation of the pumping station of the territory, constitutes a real threat to 400,000 people city’s watermain system. The Islamic Development living in the lower course of the river Terter. Bank, OPEC and the Saudi Arabian Development Fund have made available a loan of $US 36 million In order to ensure that foreign investments are for 2004-2007 for the project “Construction of the used effectively the Government has adopted a list Velvelchai-Taktakerp Canal”. of 11 building projects of vital significance for the economy where the work has not been completed. In addition to the problems stemming from the The listed water projects include construction of the scarcity of water and its pollution, the harmful main Milsk-Mugan collector, reconstruction of the impact of rivers which are likely to produce sudden Samur-Apsheron irrigation system, and completion high water-levels and cause flood damage to the of the Vaikhir reservoir. Of these projects, country’s inhabitants and economy has become a construction of the second stage of the serious problem. In 2004-2007 a loan of $US 22 Milsk-Mugan collector has been completed with million from the Asian Development Bank is being the help of a loan from the Islamic Development used to carry out bank-reinforcement work in Bank. This collector ensures that mineralized 12 regions of Azerbaijan. groundwater is discharged into the Caspian Sea and is creating good prospects for improvement of the The attention of international organizations state of the environment and the quality of the land working in the field of water resources must be over an area of 500,000 ha. The third stage of this drawn to the importance of providing assistance for collector, completion of which is scheduled for the realization of the following measures, which are 2006, is being financed by a loan from the World of special significance for the rational use and Bank. protection of the water resources, the stable development of the States of the South Caucasus A start has been made on the and the protection of the ecosystems of the region’s reconstruction/rehabilitation work on a 50-km rivers and the Caspian Sea in the light of the water section of the Samur-Apsheron Canal with a World flows required by environmental considerations, in Bank loan. The ongoing construction of the 66-km accordance with the principle of equitable and Khanarkh Canal is funded by investments from the reasonable use of water resources by these States in Islamic Development Bank; this work is part of the their territory in order to satisfy their water needs as plan for reconstruction of the Samur-Apsheron determined by their existing social, economic and irrigation system, scheduled for completion in 2005. environmental situations, taking into account as Completion of the reconstruction of the well their social infrastructure and population size Samur-Apsheron Canal, which has been in and their water resources: operation for some 50 years, will double by means of feeding from Formulation under the supervision of international local rivers the volume of water available to meet organizations of a scientifically sound plan for the drinking-water and other everyday needs of the integrated use and protection of the water Baku and Sumgait and the Apsheron peninsula. resources of the Kura; Acceleration of the accession by the countries Budgetary resources are being used to located in the Kura basin (Armenia and complete the work on the Vaikhir reservoir. This Georgia) to the UNECE Water Convention in will improve the water supply to 16,000 ha of land order to ensure agreed use and protection of in the Nakhichevan region. A loan of $US 96 the water resources of transboundary rivers; million from the World Bank and the European Acceleration of the creation of a system for Bank for Reconstruction and Development is being monitoring the quality indicators of the waters used to carry out work on the first stage of the of the Kura and Araks in the territory of each project “Rehabilitation of water-supply installations of the riparian States; of Greater Baku”; it has also been used for

42 Assessment of the damage caused to the has been reached with the States located in the ecosystems of the region’s transboundary lower courses; rivers in accordance with the international Formulation of immediate measures to protect the legal standards, introduction of water resources of the transboundary rivers of damage-compensation arrangements and the South Caucasus against pollution and measures to prevent damage in the future; exhaustion and design of a mechanism for Acceptance of the principle that measures affecting implementation of these measures. the natural regime and the condition of the water resources of transboundary rivers should not be carried out by States located in the upper courses of these rivers until agreement * * *

43 ARMENIA’S COOPERATION WITH A NUMBER OF COUNTRIES ON TRANSBOUNDARY WATER RESOURCES

O. KIRAKOSYAN

Since Armenia’s water resources are limited, The pollution of the basins by industrial wastes has they are of cardinal importance for meeting the also declined. population’s needs and also of strategic significance for the region’s environmental security. Owing to Armenia’s location in high In 1999-2000 a draft “Programme for integrated mountains all its rivers flow into neighbouring management of water resources” was formulated in countries. Its average annual river flows total 6.25 conjunction with the World Bank in order to million km 3, 3.029 km 3 of which is contributed by improve the structure of the country’s groundwater. environmental policy and regulate water-resource protection activities. Armenia holds the right to use one half of the flows of the two transboundary rivers, the Araks Many of Armenia’s surface waters are of and Kura, which add 0.94 km 3 a year to its water international significance. Most of Armenia is resources. Accordingly, Armenia’s replenishable located in the basin of the rivers Araks and Kura. surface water resources total 7.19 km 3. The Araks flows along Armenia’s frontier with Turkey and further downstream along its frontier Since Armenia is landlocked and has with Iran before crossing the territory of Azerbaijan, transboundary rivers flowing into neighbouring where it discharges into the Kura. The Araks basin countries, international cooperation on water in Armenian territory covers 22,790 km 2 and drains resources is important, indeed essential. Some less than 23 per cent of the area via the rivers aspects of this cooperation on the protection and Akhuryan, Kasakh, Metsamor, Razdan, Azat, Vedi, use of water resources require revision and Arpa and Vorotan. Deep-lying groundwater in harmonization with the current policy of Armenian territory amounts to 988 million m 3 per sustainable use. year. The main sources of this water are found in the Ararat artesian basin. Across its frontier with Armenia has taken on a number of obligations Eastern Turkey Armenia receives an annual inflow under international treaties on water policy; the of about 1,190 million m 3 and the outflow from following are the most important treaties: Armenian territory (into Georgia, Azerbaijan and Iran) amounts to 1,068 million m 3 a year. • Convention between the USSR and Turkey on use of the waters of frontier rivers, Some 9,500 big and small rivers with a total brooks and streams (under the Protocol to length of about 25,000 km flow through Armenian this Convention of 8 January 1927 and the territory; their average flow is 6.2 km 3 per year, 3 additional Protocol of 26 October 1973); km 3 of which is contributed by groundwater. Up to • Agreement between the USSR and Iran on 1990 Armenia’s average demand for water joint use of the river Araks for irrigation, amounted to 3.5-4 km 3 . Over the last 10 years this energy production and other economic indicator has fallen, standing recently in the range purposes of 11 November 1957; of 1.5-2 km 3 as a result of a reduction in the area of • Protocol to the Agreement between the irrigated land and a cutback in production capacity. Georgian SSR and the Armenian SSR on

44 abstraction of water from the river Debed joint commission on the operation of of 5 November 1971. transboundary water regulation installations; In addition to these conventions and protocols • Notification to the relevant agencies of the there are also several agreements on transfer of Republic of Armenia of issues not water from the rivers Arpa and Vorotan in order to regulated by inter-State agreements and restore the environmental balance of Lake Sevan. It requiring due resolution; may thus be seen that Armenia’s international • Provision of information to such agencies cooperation on the use of transboundary waters is in Armenia concerning the state of based on regulatory instruments from the Soviet transboundary waters and transboundary era. impacts. The formulation of the new national policy on Armenia’s transboundary water resources is based However, not all of Armenia’s neighbours on international principles and such policy is have corresponding legislation and a legal implemented in accordance with the Water Code of foundation for transboundary cooperation, a fact the Republic of Armenia adopted in 2002. This which complicates considerably the management of Code regulates the bases of general State policy for transboundary waters. the use of water resources in the light of the principles of international cooperation in this Nevertheless, basin management is already in sphere. place in the basins of the rivers Debed and Khrami. The Debed already has an agency for the basin Under the new Water Code the Commission of management of its water resources, and a basin the Republic of Armenia on Transboundary Water council is being established. Appropriate steps are Resources was established in 2002 by a decision of also being taken to introduce basin management for the Prime Minister. The following are this the Khrami as well. Commission’s basic functions: • Formulation and submission to the Gov- ernment of draft inter-State agreements; • Formulation and submission to the Government of proposals for a standing

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45 TRANSBOUNDARY ASPECTS OF RESOURCE FORMATION AND SURFACE WATER QUALITY IN THE REPUBLIC OF BELARUS

A. RACHEVSKY

The Republic of Belarus is relatively well Black Sea basin and 45 per cent from the Baltic. In placed where water resources are concerned. Its wet years the total annual river flow increases to existing resources of natural water are fully 92.4 km 3, while in dry years it can fall to 37.2 km 3 sufficient to meet both present and future demands (95% of the supply requirement). for water. The larger part of the river flow (59%) In an average wet year the Republic’s water originates within the country. The inflow of water resources amount to 57.3 km 3, 34 km 3 of which from neighbouring States (Russia and Ukraine) originate within the country (see table). Some 55 accounts for the remaining 41 per cent. per cent of the annual flow comes from rivers of the

Table. The resources of river runoff basins of major rivers of Belarus

Water resources in the average water year, km3/year River basin Emerging in the country, Overall, km3/year km3/year Western Dvina (incl. Lovat river) 6,8 13,9 Neman (without Vilia river) 6,6 6,7 Vilia 2,3 2,3 Western Bug (incl. Narew river) 1,4 3,1 Dnipro 11,3 18,9 Pripyat 5,6 13,0

Total 34,0 57,9

Part of the river flow accumulates in lakes and 13 per cent of total estimated resources. reservoirs in Belarus itself (6-7 and 3.1 km 3 respectively). The natural resource provided by The largest groundwater deposits, with known groundwater amounts to 15.9 km 3 a year and is reserves of more than 40-50 thousand cubic metres estimated at 18.1 km 3 a year. The volume of a day, are located in the regions of the big industrial existing and estimated resources depends on the and population centres in the oblasts of Minsk, conditions of groundwater formation, which are Gomel, Vitebsk and Grodno. It is generally the more favourable in the central, north-east and waterbearing horizons close to the surface (50-200 western parts of the country. Belarus has 257 m) which are exploited. groundwater deposits and pockets with total exploitable reserves of 2.31 km 3 a year or

46 According to data from the State water survey, The total capacity of treatment plants in each the abstraction of water from natural bodies of oblast exceeds the actual volume of waste water. water in Belarus declined slightly in 2002 in However, many of the enterprises take into their comparison with past years and stood at 1,865 installations waste water with concentration levels million m 3, including 789 million abstracted from of individual ingredients above the standard values. surface bodies and 1,079 million from groundwater. There are also instances of overloading of treatment Recent years have seen a slight decreasing trend in installations in terms of the volume of waste water water use by industry and agriculture. For example, taken in, while 96 per cent of polluted waste water industry’s water consumption fell by almost 10 per is cleaned biologically. cent between 1997 and 2002. The country’s surface waters acquire their Consumption for drinking-water and other chemical load not only from the discharge of waste everyday purposes remains fairly stable. A further water but also as a result of the seepage of reduction (from 168 to 164 million m 3) in the pollutants from agricultural and urban areas and demand for water of potable standard from the from vehicle emissions and waste storage sites, as economic sectors was recorded in 2002. A total of well as suffering fall-out pollution. The total impact 1,692 million m 3 of fresh water was used to meet of dispersed sources of pollution is comparable to the demand from economic sectors, including: that of the discharge of waste water, but it is for the public supply - 794 million; production - 500 moment difficult to measure these sources both for million; agriculture - 5 million; and pond fisheries - financial reasons and owing to the lack of adequate 254 million. methods of measurement.

In 2002 1,169 million m 3 of waste water was All of the country’s big rivers are discharged into bodies of surface water, including: transboundary. They include the Dnepr, Pripyat, untreated and insufficiently treated - 20 million; Zapadnaya Dvina, Viliya, Neman and Zapadny Bug. treated up to standard - 884 million; and clean up to The Dnepr and Zapadnaya Dvina rise in Russia and, standard (without treatment) - 265 million. In after passing through Belarus, carry their waters to comparison with the preceding year there was a Ukraine and Latvia, respectively. The sources of further decline in the discharge of polluted waste the Pripyat and its right-bank tributaries are located water, from 23 to 20 million m 3. in Ukraine; having passed through Belarussian territory in its middle reaches the Pripyat then Losses of water during transport totalled 117 returns to Ukraine. The Zapadny Bug, which flows million m 3. Irretrievable losses from additional out of Ukraine, serves as the State frontier of evaporation from the surface of fishery ponds Belarus and Poland. The Viliya and Neman flow amounted to 653 million m 3. The per capita urban from Belarus into Lithuania. demand for potable water is 240-360 litres a day, a substantially higher level than in most of the other The heaviest anthropogenic impacts are borne countries of Europe (120-150 litres). The total by the Dnepr in the vicinity of the cities of Mogilev public-supply use for the whole country is 219 and Rechitsa and by its tributaries - the Svisloch, litres a day per inhabitant. Berezina, Sozh and Uza; the Zapadnaya Dvina within the zone of influence of the city of Sixty per cent of the abstraction of water from Novopolotsk; the Pripyat below the town of Mozyr, natural sources and 54 per cent of the discharge of together with its tributary the Yaselda; and the waste water into natural bodies of water is Neman in the Grodno area. These and other basins measured by meters. In all, some 4,500 water users lack sufficient water resources to dilute waste water are metered, and there 280 installations abstracting to the established standards for fishing, leisure and water from surface bodies and 3,300 waste water other everyday uses. Accordingly, in addition to the outlets, including 422 discharging directly into introduction of waterless and other advanced surface water. There are more than 29,100 artesian technology (designed to reduce or eliminate the boreholes. discharge of waste water), enormous importance is attached to measures for the renovation of treatment

47 plants (in Minsk, Bereza, Rechitsa and elsewhere) water levels are high, while the strontium-90 and to economic incentives for environmental migrates chiefly in solution. protection measures. Since all of the country’s big rivers are Pollution levels in surface waters are defined transboundary rivers, close attention is given to the by the concentrations of ammonia nitrogen, nitrite development of bilateral and multilateral nitrogen, oil products, zinc, phosphates, iron, cooperation with adjoining States on water copper, manganese, molybdenum and phenols. An problems. It should be noted first of all that in 2003 average annual concentration of ammonium nitrate the Republic of Belarus ratified the Helsinki exceeding the maximum permissible concentration Convention on the Protection and Use of (MPC) by a factor of 1.3 to 1.7 has been found in Transboundary Watercourses and International the water of almost all the country’s big rivers. Lakes (1992). Building on the provisions of this Maximum concentrations were as high as 10 MPC Convention, the Government concluded bilateral in the Svisloch (Dnieper basin). Pollution of river agreements with Ukraine and Russia on the water with nitrite nitrogen and oil products was less protection and use of transboundary waters, and in evidence: the average annual concentrations did negotiations are proceeding with Poland on a draft not exceed 0.2-4.4 and 0.6-3.4 MPC respectively. bilateral agreement on transboundary waters. The However, the highest one-off measurements of governmental commissions which have been nitrite nitrogen in the waters of the rivers of the established are an important mechanism for the Dnieper basin were 10 MPC (Svisloch) and20 MPC development of cooperation among countries on (Berezina). The amount of oil products in river frontier matters. water did not exceed 4-6 MPC (Zapadnaya Dvina and Pripyat basins). The average annual One example of the development of concentration of zinc in the waters of the country’s cooperation among States located in the basin of a main rivers was 1.8-4.2 MPC, while the maximum transboundary river is the work on the drafting of a one-off measurements varied between 6 and 13.7 trilateral agreement on the management of the PC. basin of the Zapadnaya Dvina (Daugava) , one of the rivers of the Baltic Sea basin, which is 1,005 According to some indicators the water quality km long and has a basin area of 87,900 km 2. It of the Zapadnaya Dvina and Dnieper is worse when passes through the territory of three States - Russia, they enter Belarus than when they leave its confines Belarus and Latvia. A small part of the river basin - evidence of transboundary pollution. It is not yet (13.1%) is located in Lithuania and Estonia. The possible to make similar comparisons for the basins formation of the hydrological and hydrochemical of the Pripyat and Zapadny Bug for want of regular regimes is determined largely by the physical and monitoring posts. geographical conditions and by the nature of the general water use in the basin; accordingly, it is a Since 1987 Belarus has been conducting sys- matter of urgency to develop cooperation on basin tematic monitoring of the radioactive pollution of management between Russia, Belarus and Latvia. surface waters and riverbed deposits in five of the country’s rivers draining land polluted with ra- At present the water of the Zapadnaya Dvina dionuclides: the Dnepr (at Rechitsa), the Sozh (at (Daugava) is polluted with oil products, organic Gomel), the Pripyat (at Mozyr), the Iput (at Do- and suspended material, combinations of nitrogen, brush) and the Besed (at Svetilovichi). An analysis and salts of heavy metals (copper, chrome, nickel, of test data over 15 years showed that the concen- etc.). Repeated instances have been recorded when trations of cesium-137 and strontium-90 in these levels of these substances have exceeded their MPC. rivers had declined significantly since 1987 but It has been established that the river is polluted remain above the levels recorded before the acci- along the full extent of its course, resulting in a dent at the Chernobyl nuclear power station. At considerable transboundary transfer of pollutants present most of the cesium-137 in the water of the and a perceptible impact on the waters of the Baltic rivers is transported as suspended particles when Sea. This whole situation calls for the formulation of agreed inter-State measures designed gradually

48 to eliminate the sources of the pollution and reduce to take measurements, and the design of agreed their impact. A further requirement is the exchange methods of sample collection and analysis and of environmental information among States and exchange of information. They have agreed to draft recourse to agreed (inter-linked) regulations, a tripartite agreement on the management of the standards and criteria and specific environmental basin of the transboundary river Neman indicators. (Nemunas) .

Pooling of the efforts of the three States The big transboundary river Zapadny Bug (Russia, Belarus and Latvia) in this field will passes through the territory of three countries - facilitate the adoption of optimum decisions in the Ukraine, Belarus and Poland; it is 772 km long with management of environmental protection activities a catchment area of 40,000 km 2. The river flows in the basin of the Zapadnaya Dvina (Daugava). along the south-west borders of Belarus for 154 km This work was initiated in 1997 by the vigorous with a catchment area of 10,400 km 2. The work stance taken by the Swedish Environmental done by the three countries was focused on Protection Agency, which led to the strengthening the monitoring system on this river implementation of a project for the three countries and developing transboundary cooperation. The mentioned above on cooperation on this project “ Development of transboundary transboundary basin. cooperation on monitoring and assessment of water quality in the Bug basin on the frontier of Belarus The drafting of the text of the Agreement was and Poland ” was carried out in 2000-2002 with preceded by training courses and periods of job support from the TACIS Programme. experience for specialists, the production of a detailed overview of the The Dnepr is Europe’s third largest river, after hydrological/environmental status of the basin of the Volga and the Danube, and the second largest the Zapadnaya Dvina (Daugava), the preparation in river discharging into the Black Sea. The Dnepr conjunction with GRID-ARENDAL (Norway) of a basin has a total area of 511,000 km 2. It constitutes set of environmental maps, and the holding of a transboundary system: 20 per cent of the basin’s tripartite expert meetings to draft the Agreement. In total area is located within the Russian Federation, addition, study visits were organized to provide 23 per cent in Belarus, and 57 per cent (the largest experience of the work of basin commissions in the part of the basin) in Ukraine. European region. The project “ Water management in the basin of the Zapadnaya Dvina ” was carried The Dnepr basin is a complicated system with out with the support of the TACIS Programme. The many branches and has great natural and next step in this trilateral work will be the signature socio-economic value. Apart from the fact that of the joint intergovernmental Agreement on the socially significant natural resources are located in management of the river basin of the Zapadnaya the basin (water, land and forest resources, for Dvina (Daugava) , a draft text of which has already example), it also constitutes a valuable resource been produced at the working meetings of base for a large number of stakeholders. The Dnepr representatives of the three countries. basin may be regarded as a classic example of sustainable regional development - a result of the Similar work is under way with regard to the attempts to transform the Dnepr region from a basin of the transboundary river Neman (Nyamunas) traditional farming to an industrial region in just a with direct financial backing from Sweden, few decades. The situation there is further Germany and the TACIS Programme for Belarus, complicated by the extremely acute social and Lithuania and Russia. This river has a total length of economic difficulties encountered by the basin’s 937 km and a catchment area of 98,000 km 2 (459 km three countries in the course of their transition to a and 35,000 km 2 respectively within Belarus). market economy.

The three States are giving particular attention An awareness of the fact that the to the creation of a joint early-warning system for environmental problems of the river Dnepr cannot emergencies, the establishment of monitoring posts be solved by the efforts of any single State

49 prompted the basin’s three countries to produce a as well as assessing the expenditure needed for the joint Programme for the environmental upgrading implementation of the plans. of the Dnepr basin . This work was done under the UNDP/GEF project “Preparation of a strategic Confirmation of the strategic plan of action programme of action for the Dnepr basin and will be the main goal of the cooperation policy of design of mechanisms for its implementation”. the three countries and constitute the realization of the joint Statement of Environmental Ministers Among the intensive schedule of measures signed at the fifth all-European Ministerial carried out by the three countries in recent years Conference in Kiev in 2003. In this Statement the attention may be drawn to the production of a parties expressed their readiness to draft an transboundary diagnostic analysis of the Dnepr international treaty (convention) to serve as the basin, a strategic plan of action on biodiversity, organizational mechanism for cooperation on the joint ecosystem research missions, identification of Dnepr basin. “hot spots”, and the establishment of an environmental database for the basin. The drafting These documents reflect to the full the hopes of a strategic plan of action and of national plans and aspirations of the citizens of the three countries, for the improvement of the Dnepr basin occupy a whose fate is closely interwoven with the fate of the special place, for they spell out the fundamental Dnepr. problems and propose a set of corrective measures,

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50 BRIEF REVIEW OF THE STATUS OF GEORGIA’S COOPERATION WITH A NUMBER OF COUNTRIES ON ENVIRONMENTAL PROTECTION ANDTHE PROTECTION OF TRANSBOUNDARY WATERS IN PARTICULAR

I. MTSKHVETADZE

Pursuant to the Constitution of Georgia protect their basins against pollution and to ensure adopted by the country’s Parliament in 1995, the rational use of the water resources.” agreements concluded before 1995 remain in force only if they were harmonized with the Constitution The following bodies are responsible for and laws of Georgia within the two years following implementing the Agreement: for Georgia - the the Constitution’s adoption. Ministry for the Protection of the Environment and Natural Resources; for Azerbaijan - the State On this basis, none of the international Committee on the Environment and Monitoring of agreements concluded before the adoption of the the Use of Natural Resources. Constitution is in force. It must be pointed out that the Lake Dzhandari At present the Agreement between the referred to in this Agreement is actually an Government of Georgia and the Government of the off-stream reservoir and constitutes, as does the Republic of Kazakhstan on cooperation in the field river Kura, a transboundary body of water, of environmental protection (signed on 17 receiving water from Georgian territory from the September 1996; entered into force on the date of Kura via the Gardaban arterial canal. Early in 1993 signature) is in force, together with a number of the Committee on Land Improvement and Water other agreements, including the agreements Management of Azerbaijan and the Department for between the Government of Georgia and the Management of Land-Improvement Systems of Governments of the States bordering directly on the Ministry of Agriculture and Agricultural Output Georgian territory, specifically with the Republics of Georgia concluded an agreement under which of Azerbaijan, Armenia and Turkey. These the Department delivers an annual volume of 70 agreements will be considered in greater detail. million m 3 of water into Lake Dzhandari, consisting of 50 million for the irrigation of 8,500 ha of land The Agreement between the Government of in the Akstafa region of Azerbaijan and 20 million Georgia and the Government of the Republic of to maintain the Lake’s ecological balance. Azerbaijan on cooperation in the field of environmental protection (signed on 18 February The following instruments have also been 1997; entered into force on 8 May 1997): concluded:

This Agreement contains a separate article 6, Memorandum of Understanding between the which reads: “The Parties, recognizing the Ministry for the Protection of the Environment and importance of the river Kura and Lake Dzhandari Natural Resources of Georgia and the State (Dzhadargel) for the national economies and Committee on the Environment and Monitoring of populations of the two States, shall work together to the Use of Natural Resources of Azerbaijan on

51 cooperation on the design and implementation of a the disposal (dumping) of waste water in joint pilot project on monitoring and assessment in the Black Sea; the basin of the river Kura/Mtkvari , dated 16 • Exchange of information concerning the September 1997; river Chorokhi, etc. Agreement between the Government of Georgia and the Government of Armenia on Memorandum of Understanding between the cooperation in the field of environmental protection Ministry for Protection of the Environment and (signed on 19 May 1997; entered into force on 30 Natural Resources of Georgia and the General November 1999): Directorate for State Water Management of the Ministry of Energy and Natural Resources of Pursuant to this Agreement the Parties Turkey , signed on 19 January 2002 in Ankara. This undertake to: Memorandum provides inter alia for the monitoring • Endeavour to utilize unified approaches, of alluvial deposits in the Chorokhi in Georgian criteria, methods and procedures for territory. quality testing and monitoring of the state of the environment; In 2003 Georgia began to implement two • Cooperate in the efforts to solve global international programmes of cooperation on and regional problems of environmental transboundary waters: protection; • Cooperate on questions of the protection 1. Under the auspices of the United States and regulation of frontier ecosystems in Agency for International Development (USAID): sectors subject to harmful anthropogenic impacts and take action to rehabilitate Management of water resources for the South them and ensure their viability; Caucasus, in particular the water resources of the • Coordinate their activities and exchange Kura and Araks basins . This region embraces three information with each other with regard to States - Armenia, Azerbaijan, and Georgia. environmental protection, etc. The aim of this programme is to broaden the The following bodies are responsible for dialogue with a view to sustainable management of implementing the Agreement: for Armenia - the water resources in the South Caucasus. The Ministry for Protection of the Environment; for following tasks have been set with a view to Georgia - the Ministry for Protection of the attainment of this aim: Environment and Natural Resources. • Improvement of cooperation in the management of the region’s water Agreement between the Government of resources; Georgia and the Government of Turkey on • Planning of integrated river basin cooperation in the field of environmental protection management in the territory of the three (signed on 14 July 1997; entered into force on 28 countries; March 1998): • Analysis of legislation affecting the management of the region’s water Pursuant to this Agreement the Parties resources. undertake to cooperate in the following fields: • Analysis and monitoring of pollution The following targets have been set for entering the sea from the land and creation accomplishment of the objectives: of systems for exchange of information • Establishment of monitoring of water with each other; quality and volumes in the Kura-Araks • Improvement of the quality of surface and basin; coastal waters and drinking water, and safe • Development of regional cooperation in disposal of industrial and domestic waste the field of geographical information water; systems; • Cooperation to combat pollution caused by

52 • Introduction of a programme for exchange basins in the territory of seven countries. One of the of information in order to improve water rivers studied was the Kura, whose basin embraces resource management; parts of Georgia, Armenia and Azerbaijan. The aim • Expansion of the possibilities for planning of the project was to make a contribution to the integrated management of the water formulation of UNECE guidelines for the effective resources of the two river basins; monitoring and assessment of the quality of • Development of the legal framework for transboundary waters by means of four pilot management of water resources. projects, including one in the Kura basin.

The programme is continuing at the present A similar project in the Kura basin was started time. in 2004 under the auspices of the United Nations Development Programme. 2. The project “ Joint programme on water resource management ” was carried out (completed in 2003) under the TACIS Programme of the * * * European Union. The project covered four river

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53 COOPERATION OF THE REPUBLIC OF KAZAKHSTAN WITH ADJOINING STATES ON TRANSBOUNDARY WATER ISSUES

N. KIPSHAKBAEV

1. Regional cooperation on water The ICWC is now successfully maintaining problems among the States of the situation in the region and preventing the Central Asia emergence of possible conflicts over the distribution of water among the States; its basic The increasing demand for water from function is to maintain the sustainable management economic sectors and the consequent water deficit, of the basin’s water resources while at the same the virtually universal pollution of water sources as time tackling problems of longer-term development. a result of economic activities, and the failure to Much was done in a short time (especially at the devote due attention to issues of sensible outset): the main achievements were to formulate management, rational use and protection of water the basic guidelines of the joint management of resources in the Aral Sea basin have produced water resources in the light of the interests of each serious social and economic tensions and of the States and to establish regional institutions to augmented the urgency and intensity of water carry out the agreed decisions, such as the Amu problems. The increasing water deficit is due not Darya and Syr Darya basin management only to growing demands and a shortage of water organizations. but also to inefficient approaches to water use and inefficient management of the basin’s water While highly assessing the merits of the installations. achievements of this period, attention may be drawn to a certain slackening-off of the work and Immediately after the break-up of the USSR in downgrading of the role of the members of the 1992 the ministers responsible for the ICWC, and to a withdrawal from confrontation of water-management agencies of the new sovereign the main urgent water tasks and problems. Today States signed on the instructions of their there is no alternative to the ICWC; as mentioned Governments (they were all members of above, it is this Commission which determines and Government) the “ Agreement between the Republic carries out strategy for the management of of Kazakhstan, the Republic of Kyrgyzstan, the transboundary water resources in the Aral Sea basin, Republic of Uzbekistan, the Republic of Tajikistan and over the years it has proved not only its own and Turkmenistan on cooperation in the joint necessity but also its effectiveness. However, an management of the use and protection of the water analysis of the existing inter-State structure for resources of inter-State sources ”. The Parties water resources management indicates the adopted a historic decision unprecedented in the following shortcomings: age-long practice of inter-State relations - to create • Despite the complexity of the region’s the Inter-State Coordination and Water water problems, in recent years the water Management Commission (ICWC) to deal with management agencies of Kazakhstan, problems of the regulation, rational use and Kyrgyzstan and Uzbekistan have lost their protection of the water resources of transboundary independent status and have been rivers. incorporated in the agriculture ministries. The heads of the water agencies are no longer lead managers of branches of the

54 State’s business. This is having an adverse resulting from self-interest. Water effect on the adoption of independent and resources must be distributed and used on effective decisions on urgent water issues; the basis of maximum possible benefit not • Within each State the water management only for oneself but for one’s neighbours bodies do not function as inter-agency as well; coordination bodies for regulation of the • Each State must be set a volume of water use and protection of water resources; earmarked for maintenance of the Aral Sea • The attitudes and habits of the centrally and the surrounding area (or the State’s managed system of past years persist parts thereof) and surrounding area within among today’s State, oblast and district environmentally acceptable parameters, authorities ( akimy and khakimy ), and it must be mandatory for this volume preventing the regional and inter-agency of water to be delivered to the Sea; bodies from carrying out agreed measures • Over the coming years it will be necessary for the distribution of water resources to draft and bring in legal and among consumers and States. standard-setting instruments to regulate water relations among the States of Central Regional cooperation must be developed in the Asia and eliminate self-interest from their following basic areas: improvement of the decisions and actions; organizational structure of water resource • The responsibilities and powers of the management; development of regional and national ICWC and its agencies must be upgraded information systems for the Aral Sea basin; to the status of those of important modelling of procedures for managing the water international bodies for the management of resources of the transboundary rivers Amu Darya the basin’s water resources, and the heads and Syr Darya; and mechanisation of procedures of regional bodies must be appointed by for distributing, protecting and monitoring water rotation from among the representatives of resources. These areas of cooperation will be States; considered in greater detail. • It is essential to upgrade the legal and financial status of regional bodies to A. Improvement of the organizational enable them to fulfil their functions in the structure of water resource territory of the States of the region without management interference in respect either of customs, visa, frontier and other restrictions or of • The water management and environmental funding for the technical maintenance of problem of the Aral Sea basin demands an the water-regulation and water-transfer integrated approach and an integrated facilities operated by inter-State bodies; solution. The adverse economic and social • The water balance of the Aral Sea basin is consequences of the environmental in a very critical state, its water resources disaster of the Aral Sea compel everyone are fully exploited, and there is no free to adopt a more responsible attitude to the flow. It is therefore necessary to introduce solution of the problems of joint use and stringent rules and limits on water use for protection of the water resources of the all consumers without exception. Every Aral Sea basin, which must be recognized effort must be made to advance the work as a single common resource for all the of rebuilding and improving the existing countries, and to regulate them in the light irrigation and collection/drainage systems of the interests of all the peoples of the and upgrading the irrigation techniques in region. Since water supports life, effective order to save water and water resources; management of the whole water system • Everything possible must be done to calls for an integral approach, one which maintain a high level of regional embraces the interests of social and cooperation and integration of agricultural economic development and protection of production; natural ecosystems. Such an approach will reduce to a minimum inter-State conflicts

55 • It will be useful to create in the ICWC C. Modelling of procedures for Scientific Information Centre a unit for managing the water resources of coordination of national the transboundary rivers Amu hydrometeorological services. Without Darya and Syr Darya reliable forecasts the ICWC will be unable

to take effective action to solve operational The effort to improve the existing management and long-term water problems. of the water resources of the transboundary rivers of Central Asia must address the prevention of B. Development of regional and national potential conflicts between States and seek to information systems for the Aral Sea satisfy as fully as possible the water requirements basin of all users in the light of the available natural resources both in the existing situation and in the The main task is to create, using modern future. The following are the basic tasks of water computer and communications technology, a single resource management in the Aral Sea basin: unified information system to document the forecasting, planning and distribution of the river formation and use of water resources, including flows, reduction of losses due to poor assessments of the different aspects of their organizational arrangements and losses from the effective use, forecasts and measures to help to river channels, and management of the quality of attain their potential level of exploitation, and the natural water. capacity, from the lowest administrative units to the State and inter-State levels, to maintain the The unreliability of forecasts and assessments sustainable management and monitoring of the use of available water resources, as well as of possible of water resources of all kinds. damage due to low water-levels, information on actual river discharge and water abstraction and the Such an information system will facilitate the current deficit in the basin, results in inappropriate accomplishment of the following tasks: decisions which destabilize the situation in the • Consolidation of the existing water-use basin and provoke excessive water abstraction. structure; Today such excessive abstraction is the • Establishment of the limits of the fundamental means of the illegal supply of water to distribution of water resources and the consumers, which has disastrous consequences for requirements dictated by such distribution; the lower courses of the rivers. The array of models • Production of basic information for the will focus on the design and justification of economic analysis of regional issues; management practices and facilitate the elimination • Production of analytical information as the of the basic causes of the existing water basis for regional agreements; management problems of the Aral Sea basin, • Establishment of regular channels of including the elimination of sectoral conflicts and communication and the exchange of prevention of potential disputes between States and information among participating the adverse effects of low water-levels. organizations; • Production of monthly, annual and Today and in the future the following multi-annual databases on water resource problems will remain the priorities, for their management; solution will make it possible to reduce the region’s • Establishment of institutional water deficit to a minimum and free the water arrangements for data collection and resource to support the ecosystem of the Aral Sea exchange among regional and national and the river deltas: database networks. • Improvement of water quality; • More economical use of water; • Rational regulation; • Optimum water distribution.

56 Basin modelling used as a decision-making management organizations with modern technical tool by the ICWC and the basin management systems. organizations will facilitate: • Rational (optimum) management of This management system must embrace: the volume and quality of river water • Extension of managerial control to all the surface transboundary waters of the Amu throughout the basin and in its individual Darya and Syr Darya and their tributaries; sectors; • Attention to the question of discharge of • Elimination of possible flow losses due to water back into the rivers after use, which poor organization stemming from affects the quality of the water resources ineffective management of water of the river basins; resources; • Extension of managerial control to the • Speedy reaction to changes in the water river deltas and the whole area around the management situation (low water-levels, Aral Sea; unbalanced distribution of the water deficit • Establishment of monitoring of the water between the river channels and the users, resources of the Amu Darya and Syr and sudden alterations in the operating Darya basins; schedules of reservoirs and hydroelectric • Linkage of the management of the quality stations having a consequential impact on of water resources to maintenance of the the river regimes); environmental sustainability of the water • Decision-making for the longer term on and other natural resources of the river the sustainable development of the basin basins; in the light of various scenarios at the • Involvement of water users and national and regional levels; non-governmental community • Justification and demonstration of the organizations in the water management advantages of water-saving approaches arrangements. and effective use of the existing water and Mechanization of the processes of distribution, land potential (to counteract the tendency protection and management of water resources will to bring new land into use); make it possible to attain the following targets: • Use of progressive (advanced) computer • Satisfaction of the demand from water technology to facilitate the correct consumers in the States of Central Asia formulation of tasks and participation by and the Aral Sea and its surrounding area users (decision-makers) in the modelling in both volume and quality, taking into process, with great cost-savings. account the need for coordination and for

resolution of the contradictions arising D. Mechanization of the procedures for from official requirements; distributing, protecting and monitoring • Reduction to a minimum of the damage water resources caused by the failure to coordinate the activities of States and agencies; Under the existing organizational structure of • More economical use of water resources management and with the present state of the and, on that basis, a gradual increase of technical and technological equipment of water releases of water into the Aral Sea and the facilities in the Aral Sea basin, the level and quality surrounding area; of the annual and daily operational management of • Correct operation of the entire water the region’s transboundary water resources remain management system of the Aral Sea basin. rather low at the present time. It is therefore a matter of importance to improve the system for Only partnership and joint coordination of the management of the basin’s water resources, activities of the States of Central Asia in the Aral including the distribution among States and the Sea basin can deliver effective solutions to the protection and monitoring of the resources by region’s water problems in a situation of increasing equipping the Amu Darya and Syr Darya basin environmental pressures in the 21st century.

57 2. Cooperation between the transboundary body of water which may Government of the Republic of result in alteration of the agreed volumes Kazakhstan and the Government of of water abstraction in frontier areas and from the discharge of pollutants which the Russian Federation on the joint may damage the interests of the other use and protection of transboundary Party (art. 3); waters • The Parties recognize the instruments drafted and adopted earlier on the The State frontier between Kazakhstan and the distribution between their States of the Russian Federation is a total of 7,500 km in length. water resources of transboundary bodies of It crosses more than 70 rivers and lakes. The water, including irrigation systems, canals biggest rivers are the Ural, Ishim, Tobol, Irtysh and and channels, and the continuing validity Bolshoi and Maly Uzen. of the principles contained in such

instruments together with the water Inter-State rivers play an extremely important distribution structure and shall amend role for the populations and economies of the them as necessary by common accord (art. frontier areas of Kazakhstan and the Russian 4); Federation. With a view to the joint management of • Projects on water management and the water resources of the transboundary protection measures in the basins of watercourses the Governments of the two States transboundary bodies of water which may signed in Orenburg on 27 August 1992 the have a transboundary impact shall be Agreement on joint use and protection of agreed between the Parties (art. 5); transboundary waters. • For the purposes of implementation of this

Agreement the Parties shall create on Under this Agreement the two Governments, equal terms a joint Kazakh-Russian “Desiring to strengthen and develop their commission on joint use and protection of relations of cooperation in the field of water transboundary waters, to be presided over management and with the intention of creating a by the Chairman of the State Committee qualitatively new legal and economic basis for their for Water Resources of the Republic of bilateral relations in the sphere of joint use, Kazakhstan and the Chairman of the protection and restoration of transboundary Committee for Water Resources of the watercourses”, Ministry of the Environment and Natural “Guided by the necessity of pursuing an Resources of the Russian Federation. The agreed policy on questions of the joint management Commission shall meet at least once a year, of the water resources of transboundary bodies of alternately in the territory of each Party. water in the interests of economic development and Decisions taken at its meetings shall be set improvement of their peoples’ standard of living”, down in official records. The Commission “Considering that only a common approach shall appoint working groups and expert and coordination of activities will permit the groups to deal with specific issues (art.11); creation of favourable conditions for the solution of • The Commission’s decisions on joint use social and economic problems”, and protection of transboundary waters “Have agreed as follows : relating to matters of water distribution • Recognizing the common ownership and and the rational use and protection of the unity of the water resources of water resources shall have binding force in transboundary waters, the Parties have the respect of their implementation by same rights to their use and equal consumers of water in all branches of the responsibility for their rational use and Parties’ economies (art. 15).” protection (art. 2);

• Each Party undertakes to take the The Commission’s effective work over 10 necessary steps to protect and preserve years has demonstrated the strategic correctness of transboundary waters against pollution and the step taken in 1992. Meetings of the Commission to refrain from any action in the basin of a

58 and its working groups have formulated the policy and the development of water management for the management of the water resources of in their basins; transboundary rivers and addressed a number of • Production of legal instruments regulating important issues of water management and natural the inter-State use of transboundary waters resource protection. and water-quality requirements; • Coordination of anti-flood measures and Over the past period of joint work the measures to prevent the passage of ice. Commission has achieved the following results: The successful work of the Joint Commission • Adoption of the basin principle for the has strengthened and developed the relations of management of water resources; cooperation and created a qualitatively new legal • Adoption of basin agreements on the and economic basis for bilateral relations in the rational use and protection of water; sphere of joint use of transboundary waters. • Joint and agreed confirmation of the operating schedules of reservoirs on 3. Cooperation on the use and transboundary rivers; protection of transboundary rivers • Agreement of the list of posts along the between the Government of the frontier for recording the quantitative and Republic of Kazakhstan and the qualitative water indicators on Government of the People’s transboundary rivers; • Organization of repair and rehabilitation Republic of China

work at water regulation installations of Inter-State cooperation with China on the joint joint interest on the basis of shared use and protection of the water resources of participation by the Parties; transboundary rivers is of enormous importance to • Attraction of funding from donor countries Kazakhstan. The extensive basins of such rivers as for the formulation of joint projects on the Irtysh and the Ili are transboundary basins. monitoring of the water quality and

management of the water resources of The Irtysh is a large transboundary river; its transboundary rivers; basin embraces territory of China, Kazakhstan and • Production of statements of water balances, the Russian Federation. This river is the main artery etc. of the north-eastern areas of Kazakhstan and the

principal source of water for hydroelectric energy The following have become the main areas production, water transport, industry, agriculture of the Commission’s work: and other branches of the national economy. The • Monitoring of compliance with the agreed Irtysh’s biggest tributaries are the Buchtarma, Ulba, volumes Uba, Kurchum, Kalzhir and Narym. of water abstraction in frontier areas, and

implementation of measures for the Examination of water flow along the whole rational use of water resources and length of the Irtysh over many years shows that the protection of transboundary waters against average annual abstraction under natural conditions pollution; ranged from 312 m 3 a day at the village of Buran • Regular exchanges of hydrological (on the frontier with China) to 917 m 3 a day at the forecasts and information on water quality village of Semyarsk (former oblast of and the status of water management in the Semipalatinsk). Further on, it declined at the town basins of transboundary bodies of water; of Pavlodar to 880 m 3 a day and at the village of • Negotiation and adoption of projects on Charlak (frontier with the Russian Federation) to water management and protection 884 m 3 a day. The Irtysh carries about 9.8 km 3 of measures for transboundary waters; water a year from Chinese territory into • Joint research and development on the Kazakhstan. rational use and protection of water

resources of transboundary bodies of water For the purposes of integrated use and

protection of the water resources of the Irtysh basin

59 a number of reservoirs and water regulation and lower Aksus, Tentek, Karatal, Koksus, Talgar, installations have been built in Kazakh territory. Usek, etc. The three biggest reservoirs - the Buchtarmin, The inter-State cooperation between Ust-Kamenogorsk and Shulbin - are integrated Kazakhstan and China began in 1965 with the installations. The operating schedules of these signature of the Agreement on distribution and use reservoirs were established in the light of the of the water of the river Khorgos . This instrument requirements of all the consumers, including water was amended and supplemented in later years for environmental purposes and for the Russian (1975 and 1983). The Temporary Agreement on Federation. distribution and use of the waters of the transboundary river Sumbe was signed in 1989. The Ili basin occupies 75 per cent of the Protocols on the joint construction of a unified catchment area of Lake Balkhash. This river water abstraction complex on the Khorgos were discharges most of its water into the lake. It has up signed in 1992-1993. to 10 mountain tributaries in Kazakh territory, including as its primary tributaries the rivers Following the break-up of the USSR and Khorgos, Sharyn, Shilik, Turgen, Talgar and Kazakhstan’s accession to sovereignty in February Kaskelen. 1992 a draft inter-State agreement between Kazakhstan and China on cooperation on the joint Not counting its shallow mountain use and protection of transboundary waters was watercourses, the Lake Balkhash basin has three submitted to China. During the visit of a Kazakh transboundary rivers - the Ili, Khorgos and Tekes - governmental delegation to China in 1992 a which cross or form the frontier with China. working meeting took place between the Minister for Water Resources of China and the Chairman of The second largest basin is the Lake Alakol Kazakhstan’s State Committee for Water Resources basin, which includes a few shallow lakes: (Mr. Kipshakbaev) to discuss the question of Sasykkol, Koshkakol, Zhalanashkol, etc. The basin cooperation on the use and protection of the waters has 10 or so watercourses, most of them small, of transboundary rivers. which are also transboundary. The biggest of these watercourses include the Emel, Tasty, Akoshky, The visit to Kazakhstan by the President of Kara-Kitat and Chagan-Togai. China’s State Council on 12 September 2001 was the occasion for the signature for the first time of an No specific research or assessments have been Agreement between the Government of Kazakhstan produced on the volume of the transboundary and the Government of China on cooperation on waters. Each of the neighbouring countries has the use and protection of transboundary rivers . watercourses, which do not discharge into the main This Agreement was approved by Governmental transboundary rivers, and the flow of these Order No. 989 dated 10 September 2002. It opens watercourses has been used since ancient times. up broad possibilities for cooperation between the There is no information on the flow volume of two countries on the protection and use of the water these rivers in Kazakh territory; accordingly, the resources of transboundary watercourses. exact volume of the transboundary water resources has not yet been determined. A rough estimate With a view to the further development and would be in the order of 12-13 km 3 a year. strengthening of the friendly and good-neighbourly relations between the two States and to cooperation A number of reservoirs and water regulation on the protection and use of their transboundary installations have been built within Kazakhstan. rivers the Governments of Kazakhstan and China They include the following reservoirs: Bartogai, agreed as follows: Kurtin and Kyzylagash. The basin’s biggest • The Parties shall adhere to the principles reservoir is the multi-purpose Kapshagai reservoir of justice and rationality and of close on the river Ili. There are fairly big water cooperation in a spirit of good faith, management complexes on mountain rivers: upper good-neighbourliness and friendship in the use and protection of transboundary rivers;

60 • The Parties shall create a Joint • By common accord the Parties may adopt Commission on the use and protection of amendments and additions to the Agree- transboundary rivers ; it will be ment, which shall be set out in separate protocols which are parts of the Agrement. responsible for the drafting of its own rules of procedure and the resolution of This Agreement will facilitate closer cooperation between the two countries in the cause issues relating to the implementation of of highly efficient use of natural resources and the Agreement. The Joint Commission maintenance of a sustainable environmental shall consist of one chairman and two situation in the basins of the transboundary rivers. deputies appointed by each of the Parties; • The Joint Commission shall meet The Joint Commission’s first meeting was held alternately in the territory of the Parties in Beijing from 27 to 31 October 2003. The main once a year. It shall discuss at these items on the Commission’s agenda were the meetings matters connected with the drafting and adoption of its rules of procedure and implementation of the Agreement and with the consideration of questions relating to the the use and protection of transboundary implementation of the Agreement between the two rivers. The meetings shall be convened by States on cooperation on the use and protection of the representative of the host Party and transboundary rivers dated 12 October 2001. The conducted under his chairmanship. The Parties produced and signed an official record of representatives of the Parties may use the the Joint Commission’s meeting setting out details assistance of experts and bring such of all the matters discussed. experts to the meetings;

* * *

61 KYRGYZSTAN - OUTLINE OF WATER POLICY IN THE LIGHT OF INTERNAL PROBLEMS

K. VALENTINI

In the early 1990s Kyrgyzstan, a small shortages of basic foodstuffs. In turn, the national mountain republic with fewer than five million authorities were faced with a dilemma: whether to inhabitants, had a very modest role in the planning comply scrupulously with the country’s obligations, of the water management projects of the USSR in undertaken in the 1980s, to supply water to comparison with its more powerful neighbours in neighbouring countries or to give priority to the Central Asian region. In these plans the satisfying the urgent energy needs of their own priorities for Kyrgyzstan were limited to an citizens. increase in the generating capacity of the Naryn cascade hydroelectric power station, with clearly For example, the releases of water from the unbalanced development of the other key regulation installation of the entire Syr Darya water-consuming sectors of the economy. basin - the Toktogul reservoir - have been increasingly determined not according to the However, following the “parade of traditional schedule but instead by the need to meet sovereignties” Kyrgyzstan found itself unwillingly the country’s peak winter demands for power. This at the centre of the conflicts over the Syr Darya has displeased the neighbouring countries not only basin which had arisen in the region - and between because of the disruption of a stable water supply countries - and even the principal target of the for their agro-industrial complexes but also because critical attacks. The reasons for this are well known of other harmful consequences. within the region but they will be briefly outlined here for the benefit of readers far from the scene of It is common knowledge that the volume of events. the flash discharges of water from the cascade of the Nizhne-Naryn hydroelectric power station in The unbalanced socio-economic development winter cannot be accumulated in the reservoirs mentioned above had very little impact as long as located below the Kairakum and Chardarin the single system of industrial cooperation and reservoirs, nor can they pass along the very reciprocal supply of raw materials and goods was constricted channel of the Syr Darya in Kazakhstan. operating in the context of a unitary State. But As a result, part of the river’s flow, which is following its accession to independence Kyrgyzstan invaluable for irrigation and environmental had to grapple with a lengthy economic crisis purposes, has to be discharged into the Arnasai caused by the disruption of stable links and the depression in order to prevent disastrous flooding difficulty of establishing unfamiliar of land downstream from the over-full bowl of the market-economy mechanisms and new forms of Chardarin water management complex. Other water management. management complexes in Kyrgyzstan constitute a similar potential danger, although on a lesser scale. The consequences of these processes were In 2003, for example, infrastructure facilities in the particularly painful for Kyrgyzstan, for it has very vicinity of the town of Taraz, Kazakhstan, were limited deposits of mineral resources (chiefly severely affected as a result of exceptional hydrocarbons) and moreover lacks a sufficiently discharges from the brimming Kirov reservoir on developed infrastructure of irrigated agriculture. As the river Talas. a result, the country’s population has suffered repeated interruptions of power supplies and a

62 Accordingly, the position of Kyrgyzstan, as a However, even 13 years after acquiring country located in the area of the sources of sovereignty Kyrgyzstan is not in a position to make transboundary rivers, is objectively extremely due use of this factor. The hydroelectric power vulnerable. This is because any adverse impacts of stations, water collection installations, reservoirs water flows of a natural or artificial kind may and arterial canals within the national jurisdiction, directly or indirectly damage adjoining States and which were impressive by the standards of the generate consequent claims for compensation. Soviet era but are now in a state of dilapidation, were intended from the outset as installations for The list of possible legal actions is far from inter-republic use. They are still playing that former limited to violation of the agreed operating role today. In this sense their efficient operation for schedules of water management complexes of the benefit of neighbouring countries could provide inter-State importance. Kyrgyzstan inherited from considerable additional funds for the State the USSR an incalculable volume of radioactive exchequer. Nevertheless, for a very long time now and toxic wastes, usually stored near to the sources these installations, owing to their condition, have of transboundary rivers. The technical status of not only failed to deliver any perceptible profits but these accumulations of waste materials (waste have constituted a heavy burden on the State storage sites) has long been close to the limit of budget. their physical life. Any routine flash torrent or freshet may destroy the ramshackle dams, and there It cannot be denied, by the way, that in recent is clearly no need to describe the effect on the huge times the fundamental principle of international areas of low-lying land of the distribution along water law - the necessity of just and rational use of river channels of thousands of tons of deadly the resources of international watercourses - is mining wastes. gaining increasing acceptance in Central Asia. In any event, under the plans for water and energy In addition to this threat of continental exchanges provided for in the multilateral proportions attention must be drawn to the possible agreement of 1998 on the Syr Darya basin and also diffuse or one-off pollution of transboundary waters under the terms of the agreement between by untreated waste water from human and livestock Kazakhstan and Kyrgyzstan on bilateral water sources, oil products, and a whole array of relations in the basins of the rivers Chu and Talas, agricultural pollutants distributed through the Kyrgyzstan has begun to receive some collection/drainage network. The likelihood of the compensation for the provision of water services to occurrence of these phenomena is constantly rising its neighbours. as a result of the increasing degradation of the country’s whole water management infrastructure, It will be readily understood that for the including the waste-water treatment systems. moment the scale of this compensation does not cover all the country’s expenditure on the Even a superficial analysis of the implementation of measures affecting the whole circumstances described above can lead to region. Such measures include, for instance, work paradoxical conclusions. Given the limited reserves on the maintenance of the environmental balance of of other natural resources, the development of the flow-formation zones, which involves Kyrgyzstan’s economy may be based in principle monitoring of stocks of water, dealing with the on the impressive hydroelectric and agro-industrial consequences of flash torrents and freshets, potential resulting from the annual formation within regulating the flows of transboundary rivers, etc. its territory of up to 45-50 km 3 of water. Development of the provision of water services to It should be noted that the compensation neighbouring countries would bring a considerable procedures have not yet been firmly established. In additional benefit, for the present domestic demand 2003, a very wet year, the demand for water from for water is less than 20 per cent of the average Kazakhstan and Uzbekistan was lower than the annual stocks. preliminary orders and as a result the reciprocal deliveries of energy to Kyrgyzstan were smaller. Merely a routine twist in the spiral of consequences

63 - an increase in the volume of winter releases from management infrastructure, cooperation on water the Toktogul water management complex, the protection and limitation of water’s harmful over-charging of the downstream reservoirs, and impacts, monitoring, economies in water use, the flooding of land in Kazakhstan in accordance exchange of information, etc. When considering the with the scenario familiar to the region - was a array of such joint projects most analysts single out sufficient reminder to the parties concerned of the the problem of attracting investments for the need to comply with the agreed arrangements. construction of the two Kambarata hydroelectric power stations on the river Naryn. The combined effect of circumstances of this The implementation of these major projects kind shows that Kyrgyzstan, no less than its could immediately ease to a considerable extent the neighbours, needs the sustainable development of tensions in water relations between the four States regional cooperation over the whole spectrum of of Central Asia. Unfortunately, for some of the water relations. However, where water is concerned, potential foreign partners such topics remain victim the country’s official foreign policy has not yet of mistaken ideas about Kyrgyzstan’s intention to been finally formulated, for the familiar attend to its own welfare, primarily by selling water contradictions in the existing water legislation have to its neighbours. still not been removed, and at the time of publication of this article the draft texts of a new Reference must be made in conclusion to one water code and national water strategy remain other topic of debate - the role of inter-State bodies locked in protracted negotiation. It is no secret that in the development of cooperation. There is no even on a number of cardinal issues of the legal shortage of proposals on the subject - from reform basis of water relations no agreement has yet been and the creation of new coordination agencies all reached among the various political movements and the way to the assignment of broad executive State agencies. Nevertheless, some of the directions powers to water/energy consortiums as alternatives of foreign policy for water may be described here. to the former basin management organizations.

Of course, the main objective of this policy is Kyrgyzstan’s attitude to such proposals is to guarantee satisfaction of the national demand for unambiguous: approval may be given only to water resources over the long term. Hence projects for the joint construction and subsequent Kyrgyzstan’s interest in modernizing the machinery operation of new water management and energy for the regional distribution of water. This does not complexes in its territory which have attracted mean that Kyrgyzstan intends immediately to call substantial foreign investment. At the same time, for revision of the water consumption quotas in its the management of existing water management own favour. But the need to dispel the forced facilities, including the inter-State ones, will remain stagnation in the irrigated agriculture sector in the in the future exclusively in the hands of national light of the country’s forecast demographic agencies, albeit with due attention given to the dynamics must clearly be properly addressed in the interests of neighbouring countries. process of improving the arrangements for the integrated use of transboundary waters. Incidentally, It is still to be hoped that the forthcoming the positions of Kyrgyzstan and Tajikistan official publication of the bases of Kyrgyzstan’s evidently coincide in this regard. water policy will leave no room for the various

interpretations currently offered from outside. The It is no less important to reach agreement on country’s declarations of its dedication to the spirit the economic aspects of regional water relations for of good-neighbourliness and mutually the foreseeable future. This means, first of all, advantageous cooperation imply that its water adjustment of the procedures for compensating policy must be a fairly flexible one, but that of Kyrgyzstan for its expenditures and the damage course will require reciprocity on the part of the suffered as a result of fulfilment of its obligations to leaders of the other peoples of Central Asia as well. adjoining countries. At the same time it is a matter of extreme urgency to strengthen the partnership for the rehabilitation and development of the water * * *

64 MANAGEMENT AND PREVENTION OF POLLUTION OF THE WATER RESOURCES OF THE REPUBLIC OF MOLDOVA - PROBLEMS AND SOLUTIONS

T. GUVIR

The Republic of Moldova was established as waste water, the paucity of systematic research an independent State in 1991. It is a small country (monitoring and systematic data analysis), and the (33,900 km2) with a population of about 4.3 lack of forecasting programmes. million. Moldova has borders with Ukraine and Romania. The transboundary river Prut (a tributary The quality of the groundwater used for the of the Danube) separates Moldova from Romania public water supply is generally not consistent with over a distance of 695 km, and the Dniester the requirements of State standard GOST 2874-82 separates the country from Ukraine on its northern on drinking water. The high concentrations of and south-eastern flanks over a distance of 630 km. nitrates, chlorides, sulphates, hydrocarbons and The annual flow of these two rivers amounts to other substances found in the groundwater have a some 13 km3. Moldova’s hydrographic system is serious impact on the people’s health. The water made up of 3,621 rivers and streams, including quality depends on the situation in various branches seven with lengths of over 100 km and 247 of over of industry and agriculture, the level of 10 km, as well as 57 lakes with a total surface area development of the engineering infrastructure and of 62.2 km2 and 3,000 or so man-made reservoirs. the water treatment methods used. The following The biggest natural lakes are located on the courses are regarded as the main sources of pollution of of the Prut (Beleu, Drachele, Rotunda, Fontan) and water resources: waste water, waste water treatment the Dniester (Byk, Rosh, Stary Dniester). The installations, run-off of heavy rainfall, dumping of biggest man-made reservoirs are Kostesht-Stynka waste, livestock-raising enterprises, etc. These on the Prut and Dubesar on the Dniester. sources are present because of disregard of the legislation and regulations on the protection of The main sources of water supply for the natural resources and as a result of ill-considered country’s population are the transboundary rivers human economic activity. Dniester (54%) and Prut (16%), groundwater (23%) and other sources (7%). The surface waters of the The monitoring of the quality and number of Dniester and Prut are considered to be moderately the country’s main sources of water supply is in the polluted. The quality of the water environment of hands of the Ministry of Health, the these two rivers has deteriorated somewhat in Hydrometeorological Service (“Gidrometeo”), the recent years as a result both of the scant integrated State Environmental Inspectorate of the Ministry of management of water resources and of the failure to the Environment, Construction and Land conduct joint research with neighbouring States on Development, and the “ Apele Moldovei ” the quality of water resources or introduce corporation of the Ministry of Agriculture and Food measures to prevent pollution of the hydrosphere. Production. Recent years have seen an increase in The main factors having an adverse impact on the pollution levels in the surface sources of the Prut rivers’ water environment are the irrigation and Dniester. techniques used in the past, the irrational use of pesticides in agriculture, the uncontrolled (and not Provision of a good-quality public drinking agreed by the stakeholders) discharge of untreated water supply in sufficient quantities has become

65 one of the priority areas of the policies for State results in this field with the neighbouring countries action on the environment and health. But it is very which are Parties to the Convention, Moldova difficult in the present economic circumstances to cooperates with these countries on the basis of guarantee a supply of water which does not bilateral agreements. constitute a threat to public health from groundwater sources and surface reservoirs and A bilateral agreement of this kind is a rivers. document setting out the basic requirements and areas of action for securing the protection and With a view to protection and rational use of rational use of transboundary waters. Appended to transboundary waters Moldova ratified by it is a joint programme of action specifying the Parliamentary Order No. 1546-XII (1993) the principal measures, the time-frames for their UNECE Convention on the Protection and Use of implementation, and the competent officials of each Transboundary Watercourses and International Party. Moldova is currently cooperating Lakes (the Water Convention). In order to secure successfully under such agreements with Romania application of the Water Convention Moldova set and Ukraine. up a working group of representatives of the ministries and departments whose terms of Cooperation is also proceeding successfully reference include the implementation of provisions with Romania under the Water Convention on a of the Convention. In 2000 Moldova signed the programme for monitoring water quality in the Prut. Protocol on Water and Health to the Water The monitoring work on both sides involves the Convention. local environmental agencies, which make regular measurements along a specific agreed section of the A National Plan of Action entitled “Health river. Monitoring information and systematic and Environment ” was drafted as a mechanism for quarterly data are exchanged under this programme. application of the Water Convention. For the Specialists from the relevant hydrometeorological purposes of implementation of the Protocol and the services from both sides participate in the European Union’s Water Initiative (“Water for Life programme, and the local environmental agencies - Health, livelihoods, economic development and are also involved in the monitoring work; for security”) adopted at the World Summit on example, the local environmental agency in the Sustainable Development in Johannesburg, town of Beltsy (Moldova) cooperates with its Moldova successfully introduced its National counterpart in the town of Boto ani (Romania). programme on water supply for urban areas up to Both these agencies monitor water quality below 2006 together with the Integrated plan for water the Kostesht-Stynka water management complex. supply and sewerage for urban areas up to 2020. The cooperation includes the holding of seminars and the formulation of monitoring standards. The Protocol on Civil Liability and Working meetings are held every year for the Compensation for Damage Caused by the adoption and implementation of measures for the Transboundary Effects of Industrial Accidents on protection of water resources and fish stocks. Transboundary Waters , drafted within the framework of the Water Convention, is another The two States cooperate on the joint use of important instrument for applying the Convention the transboundary river Dniester under the and solving transboundary problems connected Agreement and the Protocol on cooperation with the prevention of water pollution. Moldova between the Ministry of the Environment of Ukraine signed this important instrument at the meeting of and the Department for the Protection of the environment ministers under the “Environment for Environment and Natural Resources of Moldova . Europe” process (Kiev, May 2003). Working meetings and international seminars In view of the importance of resolving issues are held every year for the purpose of implementing of the protection and rational use of water and fish measures and solving problems of water use and resources in a transboundary context (on the Prut joint operation of reservoirs, and correspondence is and Dniester) and of the need to achieve practical conducted on the major emerging problems.

66 Operational meetings are held every month on the instrument is designed to secure compliance with water regime of the Dniester. Two meetings were the requirements of the existing conventions, convened in 2002 to discuss issues connected with including the Water Convention, and is based on the operation of the Novodnestrovsky water the principles of sustainable water management. It management complex, chiefly because of the need provides for cooperation between Moldova and to solve some environmental problems which Ukraine on problems of the management and emerged following the construction and improvement of the waters of the Dniester. The commissioning of the complex and were having a President of Moldova issued a decree dated 6 considerable adverse impact on the river’s living February 2003 concerning the initiation of resources. Research had been carried earlier on this negotiations with Ukraine on the signature of a question to investigate the influence of the water’s bilateral river convention on the Dniester. This idea thermal regime on the river’s flora and fauna. was supported by the two countries and was given a International experts took part in this research. A sympathetic reception by UNECE, OSCE and the Moldovan-Ukrainian commission was set up to secretariat of the Water Convention, which are deal with these problems, with authorization to ready to consider furnishing assistance for the consider and take decisions in accordance with the realization of the proposed convention. This requirements of the Protocol signed by the Parties instrument was discussed at a round table convened on 14 June 2002. by the Ministry of the Environment of Moldova and the Eco-TIRAS International Environmental Moldova and Ukraine have many problems, Association of River Keepers in the context of the but they are all solvable and they must be solved by all-European conference “Environment for Europe” a joint effort to overcome temporary difficulties in held in Kiev in May 2003. a context of bilateral cooperation. The full solution of the problems of the Novodnestrovsky water The signature of such a convention will management complex will require a shared enhance the status of the efforts to solve the determination and mutual understanding. In 2003 problems of the Dniester basin, guarantee an Moldova proposed to its neighbours the renewal of integrated approach to the use of its resources and the Agreement and a new programme of involve all the stakeholders and the public in the environmental protection work for 2003. This decision-making process, as well as solving a programme includes measures to secure the number of the region’s major problems of application of the Water Convention and concrete managing the resources of the Dniester and proposals for improvement of the cooperation on preserving the region’s environment. The protection of the environment by means of the convention is intended to become the legal basis for drafting and signature by the Parties at the the drafting of new programmes for the effective governmental level of an agreement on joint water solution of problems relating to improvement of the management and an agreement on cooperation for environment of the Dniester basin and prevention the protection of fish stocks. The programme of any further pollution of the Black Sea. The provides for regular exchanges of information in all conclusion of such a convention by Moldova and the areas of cooperation, in particular where Ukraine would be a consistent step towards monitoring is concerned. resolution of environmental issues at the international level. The deterioration in the condition of the Dniester as a result of the introduction of joint In the context of its bilateral cooperation with water management not based on the principles of neighbouring countries and in the light of its rational use of living resources has created a need experience of cooperation in applying the Water to coordinate the work within the framework of a Convention, Moldova considers it appropriate to basin approach. To this end Moldova has produced continue to work with its neighbours to solve the a draft convention on conservation of the diversity major problems and has called on them to of the landscape and biological resources and cooperate in the following areas: maintenance of the rational use of the natural • Harmonization of water-protection resources of the Dniester basin. This draft legislation with the European legislation;

67 • Formulation of unified standards for • Monitoring and assessment of biological maximum permissible discharges of waste resources (limitation of fish catches to water into bodies of water; volumes which do not threaten the • Production of an inventory of sources of reproductive potential, establishment of pollution located on both banks in the common limits on catches and imposition rivers’ water-protection zones with a view of fishing bans); to removing them from these zones, • Compliance with the requirements of the bearing in mind as well their potential to Convention on Environmental Impact cause industrial accidents having an Assessment in a Transboundary Context as impact on transboundary waters; a means of preventing water pollution; • Restriction of economic activity on both • Equal distribution of water resources and banks in the rivers’ water-protection management of water in accordance with zones; the basin principle via comprehensive and • Introduction of clean technology with a integrated approaches; view to reducing discharges of pollutants • Development of close cooperation with into the rivers; non-governmental environmental • Formulation of standard methods of organizations and their associations and calculating the damage done to water with the local and regional authorities in resources by economic activities; the river basins. • Joint operation of water regulation installations; * * *

68 STATUS OF INTERNATIONAL COOPERATION ON THE PROTECTION AND USE OF TRANSBOUNDARY WATERS IN THE RUSSIAN FEDERATION

E. ZYBIN

The Russian Federation has land frontiers with Finland and Norway of 1959 19 and the rules for its 14 States; 7,141 km of the total length of its application. frontiers (60,933 km) run along rivers, 475 km across lakes, and 38,807 km across seas. It has over The 1964 Agreement with Finland 20 on 1,000 transboundary bodies of water; 70 of the frontier water systems covers virtually all aspects of rivers are in the large and medium-sized categories. water management and the environment: regulation of the use and protection of water, fishing and The Russian Federation signed the UNECE Russia’s water transport. Experience of cooperation Convention on the Protection and Use of over more than 30 years has demonstrated its Transboundary Watercourses and International effectiveness. The Joint Commission was to hold its Lakes in 1992. 42nd session in 2004. Representatives of environmental and fisheries agencies, the frontier The Russian Federation currently has service, the Ministry of Foreign Affairs, the agreements with seven adjoining States on the use Ministry of Energy and local authorities of the and protection of transboundary waters, including Republic of Karelia and Leningrad oblast one trilateral agreement (with Norway and Finland) participate in the Commission’s work. and six bilateral ones (with Finland, Estonia, Ukraine, Belarus, Kazakhstan and Mongolia). Joint Under the Agreement with Finland 21 on use commissions have been created or official of part of the river Vuoksa decisions are taken on representatives appointed by decision of the the regulation of the operating schedules of the Governments of the parties in order to organize the business of implementing the agreements.

19 Working groups composed of representatives Agreement between the Government of the Union of of water management and environmental protection Soviet Socialist Republics, the Government of Norway bodies, hydrometeorological services, frontier and the Government of Finland concerning the Regulation of Lake Inari by means of the Kaitakoski services and fisheries organizations have been Hydroelectric Power Station and Dam. Signed on 29 established to organize the field activities. These April 1959; entered into force on the same date. working groups are headed by senior members of 20 Agreement between the Union of Soviet Socialist the basin and other local offices of the Ministry of Republics and the Republic of Finland concerning Natural Resources of the Russian Federation. Frontier Water Systems. Signed on 24 April 1964 at Helsinki; entered into force on 6 May 1965. 21 The water regime of Lake Inari and the Agreement between the Government of the Union of Paatsojoki river is regulated in accordance with the Soviet Socialist Republics and the Government of the intergovernmental Agreement between the USSR, Republic of Finland concerning the Production of Electric Power in the Part of the Vuoksa River bounded

by the Imatra and Svetogorsk Hydroelectric Stations. Signed on 12 July 1972 at Helsinki; entered into force on 7 February 1973.

69 Svetogorsk and Imatra hydroelectric stations in the Saratov oblast and West Kazakhstan oblast. A light of the water level patterns. special working group was set up for this purpose.

Under the 1992 Agreement with Ukraine 22 the The Agreement with Mongolia 24 on the two countries cooperate on the protection and use protection and use of transboundary waters was of the water resources of the basins of the rivers signed in 1995. There have been five meetings on Dnepr and Seversky Donets. This cooperation is implementation of this Agreement attended by focused on monitoring, regulation of the water use representatives of the Parties, who adopted a schedules, and water protection and anti-flood programme of cooperation focused on the task of measures. Over the period since the Agreement’s protecting transboundary rivers against pollution, adoption there have been 10 conferences of especially the rivers discharging into Lake Baikal. representatives of the Parties, and procedures have been established for exchange of information, The Agreement with Estonia 25 was signed in cooperation in emergencies, management of the use 1997; its scope covers the basin of the river Narva, and protection of water resources, and joint control including Chudovskoye-Pskovskoye Ozero. An of water quality in the frontier areas. Arrangements inventory has been made of all the transboundary have been made for coordination of the cooperation bodies of water and sources of pollution, a joint activities in the frontier oblasts of Russia and monitoring programme has been established, Ukraine. The oblast environmental and water including standard calibration of methods of water management agencies play an active part in the sample analysis, and calculations have been made cooperation. All difficult issues are successfully of the pollution of water by aerosols transported resolved under the Agreement. from the Baltic and Estonian hydroelectric power stations, etc. An international competition entitled Pursuant to the 1992 Agreement between “The world of water through children’s eyes” is Russia and Kazakhstan 23 a Joint Commission held every year to enhance the public’s addresses issues of the regulation and protection of environmental education, in particular that of water resources in the basins of the rivers Ural, children. Ishim, Tobol and Irtysh, which have water deficits, monitoring of water quality, and anti-flood and Complications have arisen in connection with water protection measures. Since all the the preparation for signature of an agreement with transboundary rivers in this region are regulated by Azerbaijan on the transboundary river Samur. This reservoirs, great importance is attached to the single transboundary river forms 96 per cent of its determination and maintenance of the water flow in Russia but its water resources are used balances, adjustment of the rules governing the use predominantly by Azerbaijan, in a ratio of 3:1, of water resources, and regulation of releases from while the southern parts of Russian Dagestan suffer the reservoirs. The Commission has held 12 a water deficit. This water is distributed by meetings during the period in question. Azerbaijan via a regulation/distribution installation under its management. The people of southern The Commission gives constant attention to Dagestan want to speed up the resolution of the questions of the distribution of the water resources issue and alter the water distribution arrangements, of the rivers Maly Uzen and Bolshoi Uzen between which were put in place during the Soviet era.

22 Agreement between the Government of Ukraine and the Government of the Russian Federation concerning the 24 Agreement between the Government of the Russian Joint Use and Protection of Transboundary Waters. Federation and the Government of Mongolia on the Signed on 19 October 1992 at Kiev; entered into force Protection and Use of Transboundary Waters. Signed on the same date. on 11 February 1995 at Ulan Bator. 23 Agreement between the Government of the Russian 25 Agreement between the Government of the Russian Federation and the Republic of Kazakhstan concerning Federation and the Government of the Republic of the Use and Protection of Transboundary Waters. Estonia concerning Cooperation in the Protection and Signed on 27 August 1992 at Orenburg; entered into Rational Use of Transboundary Waters. Signed on 20 force on the same date. August 1997 at Moscow.

70 Under the 1986 Agreement with China 26 the Russia’s Ministry of Natural Resources is Parties produced a plan for the integrated use of the currently carrying out agreed projects under water resources of the transboundary sections of the trilateral intergovernmental agreements with Arun and Amur; this plan was approved in 2000 by Belarus and Latvia and Belarus and Lithuania on the Joint Commission. The plan provided for the cooperation on the use and protection of the water subsequent signature with China of an agreement resources of the basins of the transboundary rivers on the protection and use of transboundary waters. Zapadnaya Dvina (Daugava) and Neman. A draft of such an agreement had been submitted to Here the combined efforts of the four States the Chinese side as early as 1997. However, China (Russia, Belarus, Latvia and Lithuania) will is not showing any eagerness to sign this instrument. facilitate the adoption of the best possible decisions The task for the Russian side is constantly to strive on the management of environmental protection to secure the agreement’s signature, using all activities in the basins of these two rivers. available contacts, for the problems connected with the pollution of the transboundary rivers flowing out of China are quite acute and require joint action. * * *

26 Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the People’s Republic of China on the Establishment of a Soviet-Chinese Commission to Oversee the Production of a Plan for Integrated Use of the Water Resources of the Transboundary Sections of the Rivers Arun and Amur. Signed on 23 October 1996 at Moscow; entered into force on the same date.

71 PROBLEMS OF THE PROTECTION AND USE OF OF THE PROTECTION AND USE OF RUSSIA’S TRANSBOUNDARY WATERCOURSES HAVING REGULATED WATER REGIMES

V. DEBOLSKY

The formation of independent States out of the It is possible for each State to formulate such former republics of the Soviet Union meant that the demands on the basis of its own or even its region’s Russian Federation acquired a large number of priorities for the use of the water resource of the transboundary watercourses as a result of the transboundary watercourse. Certainly, as the work drawing of the boundaries of the new States. The of V. Danilov-Danilyan has shown, the focus legal and environmental aspects of the joint use of should be not so much on the watercourse itself as these watercourses are becoming increasingly on the water resource of its basin. 29 important. 27 In the Convention on the Protection and Use In a study on the problems of water-resource of Transboundary Watercourses and International 28 use by adjoining States in Central Asia it was Rivers (Helsinki, 1992) and its Protocol on Water noted that, when it comes to solving this kind of problem the main thing is for each party to state its and Health (London, 1999) the United Nations set demands as determined by the national conception out the fundamental principles of the use and of the use of the resources of a given transboundary protection of transboundary watercourses. 30 watercourse. This statement must have at least three Nevertheless, the practice of the agreed use and components: protection of transboundary watercourses shows • The optimum schedule for the use of the that substantial problems can arise in this area, water resource of the transboundary including new problems connected with the ways in watercourse for the State in question which the various possible scenarios of climate without regard to the upstream and change may work out. downstream users;

• A schedule for maximum use of the water One of the first problems is to determine the resource of the transboundary watercourse maximum and minimum possible volumes of flow by upstream and downstream users; and discharges of water, taking climatic changes • A compromise schedule for the use of the into account. water resource of the transboundary watercourse, including the determination of economic and The second is to ensure releases of the environmental damage and consequent maximum volumes without causing any damage. compensation as part of the agreed requirements of downstream users.

27 N. Grishin, Legal and environmental aspects of 29 V. Danilov-Danilyan, “Water resources and sustainable transboundary water problems. Moscow, Ecoterra, water supply for Russia’s towns”. In Russia’s Natural 2003. Resources: Management, Ecology, Funding. Moscow, 28 V. Debolsky and D. Osmonbetova, “Outline of the use 2003. of the water resources of adjoining States in Central 30 International Watercourses. United Nations/World Asia”. Izvestiya Akademii Nauk, Geographic Series, Bank. New York and Geneva, 2000. 1999, No. 6

72 The third is how to use the water resources of of an installation operating under a weekly a transboundary watercourse when the flow is at its regulation schedule, the hydrochemical properties minimum volume. of the water may change substantially for the worse. The reason for this is that during a period when no The fourth is to agree on the quantitative water is released into the installation’s tail race characteristics determining water quality following pollution accumulates in the bottom deposits and use of the water resources. finds its way into the watercourse. This pollution is washed out of the bottom deposits in the first The fifth is to agree on measures to prevent moments of the release. Since the fish, as a rule, and eliminate the effects of exceptional swim close to the part of the tail race nearest to the environmental situations resulting from either dam before the release and just as it begins there is man-made or natural disasters. a danger that they will receive critical doses of

toxins or other material damaging to the organism. The present discussion will be limited to just these problems, for they are the most typical Accordingly, the rules governing the flow problems of transboundary watercourses whose regime of a watercourse which has become water regimes are regulated by a single regulation transboundary adopted earlier by its previous users installation or a cascade of such installations. may also give rise to conflicts of interest with

succeeding users. It is thus quite probable that in It should be noted that the accuracy of the new situation these rules will have to be revised long-term weather forecasts plays a substantial role to take account of the interests of all the users of the in the determination of the strategy for regulating a water. water regime.

The negotiation and adoption of measures for Attention may be drawn as an example to the preventing and eliminating the consequences of situation in winter/spring 2002-2003 in the Volga exceptional environmental situations arising as a basin. Since snowfall had been heavy that winter, result of man-made or natural disasters play an large volumes of water were expected to flow into important role in the use and protection of the water the big reservoirs at Rybinsk and Gorkov during the resources of a transboundary watercourse subject to spring thaw. Accordingly, during February and a regulated water regime. Leaving man-made March intensive preparations were made at the disasters out of consideration, it must be noted that reservoirs. However, the spring proved to be a an exceptional environmental situation may arise fairly cold one so that the snow did not melt very for reasons other than the occurrence of disastrous quickly and a significant amount of the flow natural phenomena. During the spring floods formed in the basin did not reach the reservoirs but certain sections of practically all of Russia’s charged the basin’s groundwater instead. As a watercourses experience ice jams which cause a result, by the end of the spring floods the level of significant rise in water levels. Ice jams cause the Rybinsk reservoir, for example, was 140 cm flooding over very large areas, comparable in size lower than required by the operating rules, with all to the areas of land inundated during flood the consequent implications for the summer period. disasters. The consequences of this kind of inaccurate forecasting may cause serious conflicts between the As was shown in a work by K. Rossinsky, 32 users of a transboundary watercourse. where regulated watercourses are concerned it is Now - the regulation process itself. precisely by regulating their water regime that it is possible, if not to prevent entirely, then at least to 31 It was demonstrated recently that, at the restrict the density of ice jams and thus reduce the initial moment of release of water into the tail race high water levels which they cause and the area of land flooded. On the other hand, however, if it is

31 N. Grishin and V. Debolsky. “On the question of the environmental impact of releases from water regulation 32 K. Rossinsky. The Thermal Regime of Reservoirs. installations”. Expert environmental report and Moscow, Nauka, 1976. environmental impact assessment, 2002, No. 4.

73 possible to prevent an ice jam from forming, then Even this brief discussion of the problems clearly it is possible to form one artificially. All that described above is sufficient to demonstrate the needs to be done is to release into the tail race a crucial importance of the principles governing the certain volume of water at a certain time procedure for taking decisions on the various determined by the condition of the ice cover in the problems of the use and protection of the water race. It is obvious that in such a case there will be a resources of transboundary watercourses and how conflict of interest between the subsequent users of vital it is for basin studies to include the question of the water resource of the transboundary flow-formation. watercourse located in its upstream and downstream sections. Clearly, it is mandatory for these principles to be formulated jointly by all the users of the water resource of a transboundary watercourse and for such users to take each other’s interests into account. The principles must be founded on agreed forecasting methods and on rules governing the regulation of the water regime formulated by experts on the subject.

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74 PARTNERSHIP – THE BASIS OF THE JOINT MANAGEMENT OF THE WATER RESOURCES OF THE ARAL SEA BASIN

A. KHOLMATOV

The history of the joint use of water by States development of cooperation and establishment of and the universal experience of water cooperation partnerships is of enormous importance for the have many different facets and trace their roots to solution of the problems of the Aral Sea basin. the distant past. The world has 263 water basins, a An analysis of the process of negotiation and third of them shared by two or more countries and implementation of the existing international 19 by five or more. More than half of the water agreements on water problems shows that: supply requirements of many countries is • A common will on the part of States is dependent on water from another country. essential to the solution of these problems;

• It must be established with certainty that Increased demand for water resources may all the parties wish to and are capable of lead in turn to increased tensions in the relations taking action on the basis of the principles between individual countries. Conflicts generally of good-neighbourliness, mutual benefit, arise when there are no, or only inadequate, non-discrimination and good faith. agreements or international (bilateral or multilateral) arrangements for the management of transboundary This lays the foundations of cooperation. It is watercourses. also necessary to develop funding and negotiating

skills: In Soviet times the river Syr Darya was an • entirely internal river, while the Amu Darya and its Where possible, centrally planned and managed approaches should be replaced main tributary the Pyandzh were shared by two by joint actions by partners at all levels: States - the USSR and Afghanistan. The basin of governmental, local, business, economic, these two rivers has now become “internationalized”. The resolution of issues of financial and community; • water distribution and management in the Aral Sea Flexibility is essential in the work on basin is in the hands of six States: Kazakhstan, emerging problems; • Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan The parties must delegate certain powers and Afghanistan. Afghanistan is not yet a party to to joint bodies. the International Fund for Saving the Aral Sea, but at the Dushanbe International Freshwater Forum The following are the principles underpinning the representatives of Afghanistan showed an virtually all forms of water cooperation between interest in joining this regional organization. States: • Water resources are the common heritage The statement by the heads of State of Central of mankind and the foundation of its future; Asia (Almaty, 6 July 2003) expressed the view that water resources are extremely limited; • it would be useful for Afghanistan to participate in Water resources are independent of State the regional organizations of Central Asia, for no frontiers; • water distribution agreements have yet been The main goal of water resource concluded with Afghanistan in the post-Soviet management is the common welfare of period. The use of global experience of the peoples and States;

75 • There is an obligation to comply with the It is very important for the cooperation among principles of optimum multipurpose use of States having different levels of development to water resources. proceed on the basis of mutual assistance and respect. The more developed, richer and stronger Inter-State management bodies have various countries must take a sympathetic attitude to the functions, ranging from coordination of the problems of their less developed neighbours along activities of the different sectors of adjoining States the river: it is sometimes better to disregard a direct to management of the whole basin in conjunction advantage and to make some concessions in order with all the sectors located therein; this means that to maintain fruitful cooperation and peaceful and in such cases part of the management activity may good-neighbourly relations, for usefulness and have a “supra-sovereign” integrated character. advantage will accrue in any event even if they are not always immediately and directly apparent. In a 1993 decision the United Nations International Law Commission classified the UNESCO statistics show that over the most following functions of international organizations recent 50 years there have been 507 disputes over as mandatory: water, 37 of them involving the use of force and 21 • Constant exchange of information and military action. It thus appears that a shortage of consultations on all issues of common water does not always lead necessarily to disaster interest; or conflict. It is indeed possible to avoid and • Joint monitoring of water and other natural prevent “water” disputes, and the means to that end resources on a permanent basis; is to create partnerships. The water resources crisis • Creation of a single information system; encountered by many regions of the world towards • Formulation of proposals and conduct of the beginning of the 21st century is due to research and programmes with a view to inefficient management and irrational distribution improvement of the use, management and of the resources. This has had a tragic impact on the development of water resources; everyday lives of poor population groups which • Formulation of joint projects for have to use poor-quality water. This is also a crisis reorganization of the management of of the natural habitat due basically to the internal rivers and development of their potential. arrangements of States and to human behaviour. The survival and maintenance of life on planet The following are the most important forms of Earth depend on the resolution of the crisis of water water cooperation between States: resources. • Joint operational management of water resources; The environmental crisis of the Aral Sea has • Joint measures to improve water quality; proved extremely acute and painful. Before the • Joint long-term development and eyes of a single generation a whole sea has virtually improvement of water resources; disappeared, desertification has increased, and the • Coordination and cooperation in all areas tragedy has affected the whole planet. This was of the integrated use of water and other why in the most difficult first two years of their natural resources and economic potentials. independence Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan concluded an The other conditions for successful agreement on the joint management and protection cooperation include: of their shared water resources. They inaugurated • Attention to the different political systems the International Fund for Saving the Aral Sea and levels of social and cultural (IFAS) and under its aegis the Inter-State development, the variety of natural Coordination and Water Management Commission resource situations, and demographic (ICWC), as well as the Inter-State Commission on changes; Sustainable Development. • Agreed methods of planning; • Compliance with the established principles IFAS promotes dialogue and mutual of water distribution. understanding in the Central Asian region, helps to

76 solve practical problems of water and energy countries of Central Asia and other countries make exchanges, and supports project development and due contributions it will be possible to establish partnerships within the framework of the World joint management of Tajikistan’s colossal water Water Forum and other international organizations. and energy resources. The necessary conditions, preferences and advantages for attracting The creation and operation of such investments in Tajikistan’s water/energy complex organizations as the Central Asian Cooperation must be established on a reliable basis. Tajikistan’s Agency and the Eurasian Economic Community own demand for water - minimal in regional terms testify to the fact that the economies of the even for the distant future (no more than 20 per countries of Central Asia with the existing water, cent of the basin indicator) - is a guarantee of its energy, transport and other infrastructure are being true commitment to the interests of the countries of drawn into the international division of labour and the region where water resources are concerned. integrated in the world economy. There is a manifest desire on the part of the States of Central Reduction of water expenditure per unit of Asia to overcome their regional problems and make production is a strategic key to the development of a contribution to the solution of global water water management to solve the problems of the problems. This is borne out by the proclamation by volume and quality of water resources. Accordingly, the United Nations on the initiative of Tajikistan of the specifically national character of water-saving the International Year of Freshwater and the measures has a clearly visible regional trait. For convening in Dushanbe (30 August to 1 December example, a 10 per cent saving in the region will 2003) of the International Freshwater Forum. The deliver 12 km 3 of water resources - virtually as United Nations has acknowledged that the much as Tajikistan’s annual water consumption. Millennium Development Goals are unattainable without protection of the environment and Improvement of the management of water appropriate and equitable access to resources, the resources will make it possible to produce a most important of which are water and energy. sufficient quantity of food. Solution of this global problem will require a considerable injection of Water and energy are indeed of enormous funds into the water management infrastructure. significance for the sustainable development of the Central Asian region. It is appropriate to note here The question of the rational and socially just the words of President Rachmonov of Tajikistan to use of water must be addressed on the scale of the the effect that everyone must understand that where entire river basin. A good example of partnership is the sustainable future of the countries and the provided by the project on integrated management region is concerned just as much value attaches to of the water resources of the Fergana valley, water as to oil, gas, coal and other kinds of fuel and embracing Tajikistan, Uzbekistan and Kyrgyzstan. energy sources. Wider use must be made of such pilot projects. There is also the existing 1998 Agreement between Tajikistan possesses unique and Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan environmentally sound conditions for the on the joint use of the water and energy resources accumulation of 68 km 3 of water, or 56 per cent of of the Syr Darya basin , which regulates the flows the average annual flow of the rivers of the Aral of electric power, water, and other resources. Sea basin. The hydroelectric potential is equivalent to 527 billion kilowatt hours a year at a cost-price The time has come to draft a similar agreement of $US 0.4 per kilowatt. At present, 23 per cent of on the Amu Darya basin as well. Such action Tajikistan’s water resources are regulated and five represents merely the region’s first steps towards per cent of the hydroelectric potential has been integrated water resource management. The tapped. Tajikistan, which possesses four per cent of decision of the heads of State of the Central Asian world hydropower stocks, needs support and Cooperation Organization to create an international partnerships to remove by common efforts the water/energy consortium, set out in their joint obstacles to the exploitation of renewable energy statement of 6 July 2003, is regarded as a new step sources and energy-efficient technology. If the towards integrated water resource management.

77 Support is needed from international organizations in the Amu Darya basin, mainly in Uzbekistan and in the areas of technical cooperation and Turkmenistan. The seasonally regulated Kairakum documentation to prepare the ground for an reservoir in Tajikistan (volume of 4.1 km 3) requires agreement on this issue among the countries of rehabilitation on the basis of cost-sharing by the Central Asia. States concerned: owing to the unsatisfactory condition of the dams and the build-up of silt, in a The new initiative of the heads of State of few years’ time it will no longer be possible to fill Central Asia dated 6 October 2002 confirming the the reservoir to its design volume, with a priorities of the programme of concrete activities to consequent water deficit of up to 1 km 3. All these improve the social, economic and environmental issues are addressed in ASBM-2, which was conditions in the Aral Sea basin in the period approved at a meeting of the governing body of the 2003-2010 (ASBM-2) is generally consistent with International Fund for Saving the Aral Sea (IFAS) the Millennium Development Goals and aims at the on 28 August 2003. This programme needs the adoption of additional mechanisms of water support of the international financial institutions. resource management to provide for clean public drinking-water supplies, repair and joint Tajikistan and the other States of Central Asia maintenance of water management facilities, have formulated national “clean water and sustainable water regulation installations on an sanitation” programmes with backing from IFAS. inter-State scale, forecasting, monitoring and More than 50 per cent of the population of these improved use of water resources, measures to States consumes water from sources which are not combat desertification and natural disasters, safe from the health and hygiene standpoint. It is implementation of water protection measures and absolutely essential to mobilize international and other measures for the protection of natural domestic resources to tackle this problem. resources, and consolidation of the legal basis of cooperation in a context of sustainable The development of integration processes development. among States, regional cooperation, and specialization on the basis of economic advantage The efforts made by the five Central Asian are of enormous importance and will have a States have already resulted in the formulation of a positive impact on the rational use of water programme and determination of specific objectives resources for the region’s sustainable development. embracing the biggest problems, ranging from the This process will be promoted by food and flow-formation area right down to the Aral Sea transport consortiums, whose creation was itself. Future agreements have been outlined, proposed by the heads of State in their joint including first of all the prolongation of the 1998 statement of 6 July 2003. The distribution among Agreement on the Syr Darya basin , drafting of a the States of responsibility for the conservation of similar agreement on the Amu Darya basin, and water resources in the interests of future increase of the available flow volumes as a result of generations is of decisive importance. the construction of the Kambarata water regulation Unfortunately, Central Asia still lacks a unified installation in Kyrgyzstan and completion of the water strategy. 13.5 km 3 Rogun reservoir in Tajikistan, which will provide the region with reliable supplies of The formulation of a cooperation strategy to irrigation water, especially in dry years. promote the rational and efficient use of water and energy resources in Central Asia is currently being Some $US 800 million was invested earlier in completed under the auspices of the United Nations the Rogun hydroelectric power station on the river Special Programme for Economies in Central Asia Vakhsh. A total of $US 120 million is needed for (SPECA). It is very important for the region to have the construction of the reservoir, and the cost of the a legitimate strategy which could actually be put first start-up installation of the power station into practice. The regional interest lies in the complex is $US 300 million. This reservoir, sustainable development of its States, for it must be together with the 10.5 km 3 Nurek reservoir, will determined by a calculation of national interests. supply water to over three million hectares of land The regional basin management bodies must reflect

78 the mutually agreed interests of the individual food security. States will have to provide States. guarantees and display political will in order to attain these goals. The water-partnership It is important for the interests of the public at arrangement will ensure success at the regional, large to be represented at the basin level and for the transboundary and national levels. public to be involved in the implementation of accessible projects and programmes for the The heart of a partnership must consist of an establishment of environmentally sustainable water economic mechanism for water use; such a use. It is for this reason that the heads of State of mechanism has yet to be designed and implemented Central Asia attach great importance to by the countries of Central Asia. This process will strengthening the executive board of IFAS, ICWC be facilitated by recourse to global experience and and the Amu-Darya and Syr Darya basin assistance from international organizations. This management organizations, investing IFAS with the economic mechanism must be sensitive to the needs status of specialized agency of the United Nations, of the poor, include a new pricing policy, and take and creating a special United Nations commission into account the cost of environmental services in on coordination of the activities of international order to attract as large a volume of public funds as organizations and donor countries in the Aral Sea possible, keep the risks to a minimum and secure basin. These initiatives also merit universal the more active involvement of the private sector backing. and private investments.

Support for farmers, development of the The consolidation of regional and global farming system, improvement of varieties, partnerships will certainly have a beneficial effect seed-production, farm services and agribusiness on the International Decade for Action “Water for will certainly enhance the effectiveness of water Life” initiated by President Rachmonov of use. Such measures must be included in the national Tajikistan at the third World Water Forum in Kyoto development plans and programmes of each State: (March, 2003) and supported at the Dushanbe together they will lay the foundations for regional Freshwater Forum.

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79 THE WATER RESOURCES OF TURKMENISTAN AND THEIR TRANSBOUNDARY ASPECTS

M. NEPESOV

Water resources are a key issue in evaporates and rest goes to recharge the stocks of Turkmenistan, as indeed in a number of other fresh groundwater. countries of Central Asia. The water deficit and the poor quality of water, together with the It must be borne in mind when assessing management of water resources, are the most acute Turkmenistan’s surface-water resources that they problems. The annual per capita stock of domestic are formed almost entirely (95%) outside the water resources (232 m3) is the lowest in the country. The volume of the flow entering Central Asian region. 33 Turkmenistan is determined not only by natural factors but also to a significant extent by human The flows of the rivers of Turkmenistan are economic activity. For example, most of the flow of formed in the Kopetdag and Paropamize mountains the rivers Tedzhen and Etrek and part of the flow of and the Pamir-Alai mountain range. The natural the Murgab and the small rivers of the eastern part hydrographic network is represented by the big of the Kopetdag mountains is distributed for transboundary rivers Amu-Darya, Murgab, irrigation in neighbouring countries. Tedzhen and Etrek, and 20 small rivers flowing down from the northern slopes of the Kopetdag The waters of the Amu Darya are used by five mountains and a large number of dry ravines (over States: Afghanistan, Kyrgyzstan, Tajikistan, 350) of the Bolshoi and Maly Balkhanov and Turkmenistan and Uzbekistan. Koitendag. 34 The length of the Amu Darya from the In periods of heavy rainfall flash torrents of confluence of its tributaries the Vakhsh and destructive force carry mud and stones down along Pyandzh to its mouth is 1,408 km, of which 744 km the dry ravines. In some of them (Artyk, Adzhider, lie in Turkmenistan; within Turkmenistan Arvaz, Oboichai) the temporary discharge of water (Atamurat hydrological station) the river’s average can be as high as 1,000 m 3 a day. However, the annual flow measured over many years totals 56.57 average annual flow of such torrents does not km 3. exceed 100 million m 3. Part of this water quickly The volumes of water abstracted from the 33“Natural resources management strategy: European and Amu Darya by the countries of Central Asia under Central Asian region.” Compiled by M-A Bronkhead their Agreement are set at the following levels and S. Abdulin. World Bank, 19 December 2000. (km 3): Uzbekistan - 29.6 or 48.2%; Tajikistan - 9.5 Technical paper No. 485. Department of or 15.4%; Kyrgyzstan - 0.4 or 0,6%; and Environmentally and Socially Sustainable Turkmenistan - 22.0 or 35.8%. In addition, below Development. the Atamurat station (Kerki): Uzbekistan and 34 State Water Survey. Multi-year data on the regime and Turkmenistan - 22.0 or 50% each. resources of land surface waters. Gidrometizdat, 1987, vol. 14: Turkmen SSR; M. A. Nepesov, A. A. Avanesov, V.V. Zharkov, “Water resources and their When water levels in the Amu Darya are assessment”, in Status of the Environment of higher than forecast the excess water must first be Turkmenistan. Ministry for Protection of Natural accumulated in reservoirs and then allowed to pass Resources/UNEP, Ashkhabad, 1999. World Bank, op. down to the river’s lower reaches (to improve the cit. health and hygiene situation in the areas around the

80 Aral Sea) and discharge into the Aral Sea itself. than 4.3 billion m 3 of waste water are discharged The Amu Darya provides 88 per cent of into the river, one half of it from irrigated land in Turkmenistan’s total surface water resources. With Turkmenistan (average mineral content 2.3 g/l) and the addition of the water resources of other rivers, the other half (6.5-8.5 g/l) from the Karshi steppe large springs, streams and other watercourses the and Bukhara oblast in Uzbekistan. Discharges into volume of Turkmenistan’s surface water resources the Amu Darya from the left bank have declined totals 25 km 3. somewhat in recent years as a result of the diversion of part of the waste water deep into the The following are the most important factors sands along the course of the future principal in Turkmenistan’s water resources deficit: 35 collector of Lake Turkmen. • The country’s geographical location and the aridity of its land; The total mineral content in the river’s lower • A large area of fairly fertile land suitable reaches is increasing and at certain times of the year for use but lacking a source of irrigation; attains its highest level in the vicinity of Darganat • Considerable losses of water by (2,200 mg/l). It declines when the river is in flood evaporation and filtration as it is delivered (430-1,380 mg/l) but increases when its levels are over large distances (from oasis to oasis); at their lowest (630-2,200 mg/l). Where the • Population growth and the consequent principal ions are concerned, in all phases of the need to increase farm output on irrigated hydrological cycle the river’s water falls in the land; hydrocarbonate-sulpate-chloride category of the • Limited flow of the Amu Darya and other calcium group. The concentrations of diluted water sources. oxygen vary within the standard limits.

As a result of human economic activity Murgab . The river basin with its tributaries the Turkmenistan’s rivers are polluted to a greater or Kashan and Gushgy may be regarded from the lesser extent over virtually their entire courses. environmental standpoint as in a fairly satisfactory Accordingly, the water taken from them, especially condition, but already higher levels of pollution are in their polluted sections, can be used only after being detected on individual sections between the treatment. towns of Iolotan and Mary; this situation calls for immediate water protection measures. Water quality Tedzhen . The water quality is worse than in The human factor has an extremely powerful the Murgab. Significant quantities of the basic impact on the state of the waters of Turkmenistan’s pollutants enter the river, sometimes from the rivers, and although concentrations of man-made Khauzkhan reservoir. pollution have not yet reached threatening levels the increase in the volume of such pollutants (in Small rivers . The waters of the small rivers of particular phenols and nitrates) is prompting the central Kopetdag mountains have excellent concern. qualities for use as drinking water. Part of these waters is used for the municipal supply of Amu Darya . The chemical composition of the Ashkhabad. river’s water is formed in the mountains of Tajikistan and Afghanistan. Pollutants from Transboundary aspects man-made sources are first detected at the town of Termez. The water enters Turkmen territory in a Virtually all of Turkmenistan’s water moderately polluted state. Within the country more resources (98%) are formed from transboundary watercourses (Amu Darya, Murgab, Tedzhen, Etrek

35 and small rivers). National Plan of Action for Environmental Protection of Turkmenistan’s President, Saparmurat Turkmenbashi. Ministry of the Environment of Amu Darya. The most important Turkmenistan/UNEP/World Bank, Ashkhabad, 2002. transboundary aspects of the environmental

81 problems of the use of Turkmenistan’s water the lower in Turkmenistan. A bilateral Agreement resources relate to this river. Its waters are fully on the sharing of the river’s flow between Iran distributed among the riparian countries. The basic (Persia) and Turkmenistan (USSR) was signed in principles of the water distribution are set out in a 1926 and remains in force today. The water was number of agreements among the States of Central distributed in the proportion of 30% to 70% under Asia, to which Afghanistan has not yet acceded. In the Agreement of 20 February 1926 and 50% each accordance with the water-abstraction schedule under the Protocol to that Agreement dated 5 May established under these agreements Turkmenistan is 1958. The hydrological forecasts of water volumes allocated an annual maximum of 22 billion m 3 of are calculated on the basis of the river’s flow water (for the growing season and intervening characteristics. The river’s seasonal flow in periods). In the driest years reduced levels of water Turkmen territory is regulated by three reservoirs. abstraction are determined by decision of the Inter-State Commission for Water Coordination, of The reservoirs are partially or entirely silted up, which the ministers of the Central Asian countries so that in the event of very high spring water levels responsible for water management are members. they are incapable of regulating the flow, and a considerable part of the water runs off into the In confirmation of their commitment and desert. Every year in summer the river dries up for entitlement to rational and equal participation in the several months and its flow, regulated by the use of the waters of the Amu Darya, on 16 January reservoirs, can irrigate no more than 10,000 to 1996 at Turkmenabad (formerly Chardzhou) 20,000 ha. Turkmenistan and Uzbekistan signed a bilateral Agreement on cooperation on water management The Dostluk dam is being built under an issues . Specifically, the heads of the two States agreement of 20 October 1999 between the confirmed the agreement reached earlier on the Governments of Iran and Turkmenistan. The principles of water distribution in the vicinity of the construction cost of the dam and its reservoir totals Atamurat hydrological station (i.e. 50% each). As a $US 41,795,350. On completion of the construction rule, at the beginning of each operational year a of this reservoir’s water regulation installations the preliminary volume of water abstraction from Amu flow will be shared equally between Turkmenistan Darya is fixed for all the States of Central Asia. The and Iran and will provide irrigation water for final figure is established on completion of the 50,000 to 60,000 ha of arable land. calculations in the light of the year’s wetness. The flow of the Amu Darya is regulated by reservoirs An operational staff made up of equal numbers along its course: the Nurek (Tajikistan) and of Iranian and Turkmen workers is appointed to Tuyamuyun (Uzbekistan).reservoirs. Part of the manage the outflow from the Pulikhatun reservoir flow is discharged into the Aral Sea. and the disposal of the excess flood waters. This service is headed by two heads of installation who Murgab . The Murgab basin is located in the coordinate their work in accordance with the territory of two States. The upper reaches are in agreements between the USSR and Persia 36 and Afghanistan and the lower in Turkmenistan. There between the USSR and Iran, 37 which are still in is no formal agreement between the two States on force and are operated pursuant to the the use of the river’s flow. The hydrological Memorandum of Understanding of 6 January 1994. forecasts of the river’s water volumes are made on the basis of its flow characteristics. Its flow in 36 Agreement between the USSR and Persia on the joint Turkmen territory is regulated by a cascade of use of the transboundary rivers and other waters along reservoirs on the river itself and by seasonally their frontier from the river Geri-Rud to the Caspian charged reservoirs. The Murgab can currently Sea. Signed on 20 August 1926. provide irrigation water for a little over 100,000 ha. 37 Treaty between the Government of the USSR and the Government of Iran on regulations governing the Tedzhen . The river basin is located in the Soviet-Iranian frontier and on the procedure for territory of three State. The upper part is in settlement of frontier disputes and incidents. Signed on Afghanistan and the Islamic Republic of Iran and 14 May 1957.

82 Etrek and small rivers of the Kopetdag result that its hydrograph is evened out somewhat mountains. Most of Turkmenistan’s small rivers within the operational year. (between the Tedzhen and the Caspian Sea) are also transboundary, and their waters are distributed in Questions of the regulation of the flow of accordance with the bilateral agreement with Iran transboundary rivers, construction of new mentioned above. The low-water flow is distributed water-abstraction installations, water consumption, between the two countries in the proportion of 50 and redistribution of the maximum levels of water per cent each. The excess flood waters enter abstraction within the operational year can be Turkmen territory and are regulated only on the resolved only on the basis of bilateral or Etrek by three off-stream reservoirs, each having a multilateral agreement with the neighbouring States volume of under 10 million m 3. in whose territory the basins of these rivers are located. The consequent concerted action helps to According to measurements taken over many reduce the man-made environmental impact and years the total flow of the transboundary rivers, facilitates the efficient use of the available surface with the exclusion of the Amu Darya, is subject to water resources. considerable variation, for they are not regulated in the adjoining territory. The Amu Darya has been regulated by reservoirs for many years, with the

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83 ASSESSMENT OF THE TRANSBOUNDARY ASPECTS OF THE WATER RESOURCES OF THE REPUBLIC OF UZBEKISTAN

L. FRANK AND P. ABDURAKHMANOV

Almost all the rivers of the Aral Sea basin are Hazardous waste dumps from the mining industry transboundary. The following principal accumulated over 40 to 50 years constitute a watercourses flow through Uzbek territory: serious threat on the transboundary rivers, for these waste dumps have no anti-filtration covers and are Amu Darya: the chemical composition of the located in a zone of considerable seismic activity, river’s water is formed to a significant extent by the frequent flash torrents and landslips which cause effects of pollution entering the river from leaching of toxic substances during periods of agricultural (collection/drainage) run-off from precipitation. Turkmen and Uzbek territory. Emergencies of a natural origin manifest Zeravshan: the main source of the themselves primarily in unpredictable spring and drinking-water supply of three oblasts of autumn flash torrents and freshets, often formed in Uzbekistan and subject to serious transboundary the mountains of Kyrgyzstan and constituting a impacts. Installations of a Tajik ore-enrichment danger to the people and infrastructure of the plant located in the river’s flow-formation zone Fergana valley. Man-made emergencies are caused pollute the river with toxic metals, antimony and by transboundary pollution of the environment. The mercury. Antimony has been detected in Syr Darya is exposed to the risk of pollution by groundwater and abstraction installations in Uzbek toxic radioactive wastes via the river Mailisu in territory. Kyrgyz territory, where tailing heaps and dumps from the mining of uranium ore are located. The The Syr Darya basin is formed by many rivers; Kadamzhai antimony plant and the Khaidarkan the main ones are the Syr Darya itself and the ore-enrichment complex are the true sources of the Naryn, Kara Darya, Chirchik and Akhangaran. pollution of the rivers Shakimardan, Alty-Aryksai, Sokh, etc. The small rivers of the Fergana valley, tributaries of the Chirchik, have their sources in the The irrigation of land in mountain foothills territory of adjoining States. also creates a risk of pollution of surface water and groundwater along transboundary rivers with Two sections of the Syr Darya run through agro-chemicals and leached salts and toxic Uzbekistan: in the upper reaches the merged rivers elements, as well as a risk of the flooding of Naryn and Kara Darya (Fergana valley) and in the downstream land and settlements. The intensive middle reaches the outfalls of the Akhangaran and development of the foothill areas of the Burgandin Chirchik. The small rivers of the Fergana valley are mountain range in Kyrgyzstan and the uncontrolled subject to transboundary influences. The and intensive irrigation of the land (mainly for rice geographical location of the Fergana valley exposes and onions) are causing a critical increase in it to threats from a broad spectrum of natural and groundwater levels and groundwater pollution on man-made emergency situations. farm land in several districts of Fergana oblast.

84 Up to 2000 an intergovernmental commission principal tool of sustainable development. A of Uzbekistan and Kyrgyzstan monitored the status proposal was also made to strengthen the regional of environmentally hazardous installations and the cooperation to save the Aral Sea by drafting and implementation of measures to prevent emergencies adopting an international convention on the basin’s in the villages of Kadamzhai and Khaidarkan. sustainable development, in which issues of joint Following the creation of Batken oblast in use of water and unification of environmental Kyrgyzstan difficulties arose in the exchange of standards and related legislation would occupy a information and the conduct of joint monitoring of prominent position. The necessity of enhancing the installations in adjoining territory. The cooperation effectiveness of the application of the existing with the environmental protection agencies of agreements between the States of Central Asia has Kyrgyzstan and Tajikistan on the solution of also been acknowledged (the 1995 Nukus environmental problems could be improved, Declaration by the States of Central Asia and especially as the necessary legal and regulatory international organizations on problems of the basis already exists. sustainable development of the Aral Sea basin; the 1997 Almaty Declaration by the Presidents of the As a result of economic difficulties the system States of Central Asia; and the 1999 Ashkhabad for monitoring water quality in Uzbekistan and its Declaration by the Presidents of the States of adjoining States is tending to break down, Central Asia). observations at many of the stations are made only episodically, and some of the stations have in fact The first experience of cooperation among the ceased to operate. The lack of modern equipment States of Central Asia was the creation of special and shortage of chemical reagents have caused organizations in the shape of the International Fund problems in determining the specific admixtures of for Saving the Aral Sea (IFAS) with its pollutants from waste water sources. There is an corresponding system of agencies. The main arena acute shortage of detailed and reliable information of the cooperation is the Aral Sea and its on pollutants, the volumes in which they are surrounding area. The Aral Sea basin programme entering the water ecosystems, the magnitude of (ASBM) has been operating since 1994; the aim is their concentrations in the water, and the degree of to secure effective use of water resources, including danger which they represent for humankind and the the design and application of national and regional water habitat. The existing differences in strategies for rational use of water resources, to monitoring methods and standards (at the national combat salination of the land, and to constitute and regional levels) impair data reliability and national stocks of water resources to promote the usefulness in the work with adjoining States on development of the Central Asian countries and the transboundary watercourses. solution of the problems connected with the Aral Sea crisis and the monitoring of the waters of the The extension of the scope of environmental Amu Darya and Syr Darya basin. Work is problems has now produced a need for integrated proceeding to these ends on the equipment of a and regular measurements, under a set programme, number of hydrological stations with means of of the pollution of the natural environment as a calculating water discharge and quality and on the result of anthropogenic activities. For example, implementation of a pilot model of the restoration monitoring of water pollution and sources of of the natural biological diversity. pollution in the Zeravshan basin was established by a special order of the Government of Uzbekistan, In addition to acceding to the treaties of the and measures were devised to ameliorate the Commonwealth of Independent States (through the environmental and health and hygiene situations in Inter-State Environmental Council) the countries of Uzbek territory. Central Asia have taken active steps to create ad hoc subregional bodies and to formulate rules on Cooperation on the Aral Sea basin produced a environmental protection and sustainable use of number of special regional obligations of a political resources. nature. For example, the system for the integrated management of natural resources was taken as the

85 For example, the Agreement between In 2002 the heads of State of Central Asia Kazakstan, Kyrgyzstan, Uzbekistan, Tajikistan and adopted a decision on the main directions of the Turkmenistan on cooperation in the joint Programme of Concrete Action to improve the management of the use and protection of the water environmental and socio-economic situation in the resources of transboundary watercourses (1992) Aral Sea basin for the period 2003-2010, which posited the need for agreed and systematic provides for the drafting of a package of resolution of issues of the joint management of the agreements on the principal transboundary water resources of transboundary rivers. The watercourses. In view of the coincidence of Inter-State Commission for Water Coordination fundamental principles in the sphere of protection was created to attend to the organization of this of the environment, including transboundary cooperation. watercourses, it is considered appropriate to strengthen the organizational and legal frameworks The Agreement between the Governments of of the cooperation among all agencies in the Kazakhstan, Kyrgyzstan and Uzbekistan on Central Asian region. cooperation in environmental protection and the rational use of natural resources was concluded in The time has come to determine the status of 1998. However, no arrangements were made for the work of Uzbekistan and the other Central Asian organizing the cooperation, and this instrument is States on global climate change and to specify the virtually a dead letter. In 1998 the States of the priorities of the problem-targeted research on region signed the Agreement on the use of the water capacity-building, at both national and regional and energy resources of the Syr Darya basin , which levels, as well as identifying specific priorities and is renewed every year. interests, extending international cooperation on scientific research, and studying the global aspects of environmental problems.

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86

COOPERATION ON THE TRANSBOUNDARY WATERS OF UKRAINE

N. NAGULA

On the instructions of the Government of Ukraine’s Helsinki Convention (Accession) Act , Ukraine (dated 18 April 1992) the State Water which regulates means of cooperation in the Management Committee prepared and signed, on formulation of international policy on the the basis of the protection and use of water resources, was adopted Helsinki Convention on the Protection and Use of by the Supreme Council of Ukraine on 1 July 1999. Transboundary Watercourses and International Lakes (March 1992), agreements on the use and These instruments set out the fundamental protection of transboundary waters with all its principles of joint water use, operation of water adjoining States: Russian Federation 38 (1992); regulation installations, implementation of measures Hungary, 39 Moldova 40 and Slovakia 41 (1994); of rehabilitation and protection of natural resources, Poland 42 (1996); Romania 43 (1997); and Belarus 44 conservation and rehabilitation of biological (2001). resources, monitoring the condition of surface waters, regular exchanges of information and forecasts, etc. 38 Agreement between the Government of Ukraine and the Government of the Russian Federation concerning the Official representatives were appointed by the Joint Use and Protection of Transboundary Waters. Government of each country, together with their Signed on 19 October 1992 at Kiev. deputies, and joint working groups were set up. 39 Agreement between the Government of Ukraine and the These groups were constituted (in terms of their Government of the Hungarian Republic on Questions of number, membership and functional duties) in light Water Management in Frontier Waters. A treaty of both of the basin development of the river system 1994 prolonged and re-signed on 11 November 1997 at and of the situation of the man-made environment Budapest. 40 Agreement between the Government of Ukraine and the in a given region. Government of the Republic of Moldova on the Joint Use and Protection of Frontier Waters. Thus, from the moment of their signature all 41 Agreement between the Government of Ukraine and the further cooperation among the parties has been Government of the Slovak Republic on Questions of regulated by the agreements and by protocols Water Management in Frontier Waters. Signed on 14 adopted at conferences of the official June 1994 at Bratislava. representatives and agreed and adopted by the 42 Agreement between the Government of Ukraine and the Governments in legal acts. Government of the Republic of Poland on Cooperation

in the Field of Water Management in Frontier Waters. The earlier conferences considered the Signed on 10 October 1996 at Kiev. 43 Agreement between the Government of Ukraine and the following organizational and technical matters: Government of Romania on Cooperation in the Field of • The principles governing the Water Management in Frontier Waters. Signed on 30 establishment and membership of working September 1997 at Gala Ńi. groups; 44 Agreement between the Cabinet of Ministers of Ukraine • The rules of procedure governing joint and the Government of the Republic of Belarus working groups; concerning the Joint Use and Protection of

Transboundary Waters. Signed on 16 October 2001 at

Kiev.

87 • Determination of the number, siting and the allocation of considerable amounts of time for operational ranges of hydrological and their work. To this end the Parties usually create ad hydrochemical stations; hoc joint working groups. • Adoption of programmes and the methodology for conducting hydrological The disastrous flooding in 1998 in and hydrochemical research. Transcarpathia (Ukraine, river Tisza basin) pointed to the need to create a unified system of monitoring All subsequent conferences have been devoted and data processing and transmission in order to to consideration of the results produced by the forecast and prevent floods, as well as to formulate working groups, with attention focused primarily an agreed conceptual outline of collective flood on water resource management in periods of high defence in the region. and low water-levels, exchange of information and, in particular, monitoring of water quality in On completion of preliminary negotiations the transboundary rivers. representatives of the water management agencies of Hungary, Romania, Slovakia and Ukraine The Ukrainian-Russian Agreement concerning convened in Budapest in May 2001 a Tisza Basin the Joint Use and Protection of Transboundary Water Forum , at which delegates of those four Waters occupies a special position owing to the countries and Yugoslavia addressed large number of watercourses of common interest flood-prevention problems and ways of solving to the Parties. them. The Forum resulted in the signature of the Budapest Declaration , which established the Tisza As of now the joint working group on the Basin Water Forum as a standing body for the Dnepr basin has identified 27 main transboundary coordination of cooperation on questions of flood watercourses, and the working group on the basin control. Pursuant to the decision contained in the of the Seversky Donets has identified 28. For the Budapest Declaration to draft an Outline of flood moment the water quality of frontier rivers is being defence in the Tisza basin the Parties established a monitored on nine rivers over 10 sections in the Coordination Council and eight working groups Dnepr basin and on three rivers and 10 sections in and appointed coordinators of the various topics. the basin of the Seversky Donets (eight sections on the Seversky Donets itself). In view of the At the second session of the Water Forum environmental priorities of the countries’ regional (Hungary, 30 November 2002) the Parties noted development, there is an obvious need to develop that the Forum’s principal outcome was the joint the monitoring network in the near future. Outline of flood defence in the Tisza basin, setting out the relevant national programmes, and the Furthermore, the activity of working groups in programme of work for its implementation. the regions promotes the growth of public awareness and recognition of the need to improve All the conferences and meetings, in the the regional environment, primarily in the river format both of representatives of the Parties and basins. their deputies and of expert working groups, have been conducted at a high professional level and in a One distinguishing feature of the cooperation spirit of constructive cooperation, friendship and among the countries members of the Common- mutual understanding. wealth of Independent States (Moldova, Russia and Ukraine) is their legacy either of common owner- Ukraine’s State Water Management ship of water regulation installations or of their Committee is participating in the following location (partly or totally) in the territory of an ad- international projects: joining State. The resolution of water management • Upgrading of the system of management of issues in such cases requires the participation of a the water resources of the Lower Dnepr broad range of experts in various disciplines and and the Kakhov reservoir (funded by the Swedish International Development Agency);

88 • Reconstruction and construction of three Government of the United States of dams in Zakarpatskaya oblast (funded by America and cooperation on early the Swiss Government); warning of floods in Zakarpatskaya oblast • Technical and economic justification of by establishing automated satellite-linked the international flood-control system in hydrometeorological stations. the Tisza basin (financed under a TACIS project and with the technical assistance of The total cost of these technical assistance German experts); projects is in excess of $US 6 million. • Flood-prevention management in Slovakia and Ukraine (funded by Danish To revert in conclusion to issues of bilateral Cooperation for Environment in Eastern cooperation on transboundary waters: in view of the Europe (DANCEE)); admission of the countries to the European Union, • Monitoring and assessment of the quality first Slovakia, Hungary and Poland, and the of transboundary rivers - Seversky Donets recommended European Union water directives, basin (TACIS project); Ukraine intends in the near future to make the • Assessment and management of flood risks necessary changes in the existing legislation on a in Zakarpatskaya oblast (TACIS project); bilateral basis. • Memorandum of Understanding between the Government of Ukraine and the * * *

89 EXPERIENCE OF TRANSBOUNDARY COOPERATION IN THE SEVERSKY DONETS BASIN

V. ANTONENKO

The Seversky Donets is the largest river meant that ad hoc decisions have to be taken by the constituting the left-bank frontier of Ukraine; it Governments of Russia and Ukraine. rises in Russia and discharges into the Don, also in Russian territory; in its middle reaches it crosses Experience of cooperation in the Seversky Ukrainian territory. The river basin is located in the Donets Basin Water Resource Management Board territory of two States - Russia and Ukraine. The (BUVR) and the Don Basin Water Management river is 1,053 km long and has a catchment area of Board (BVU) has been accumulated over a lengthy 98,900 km2; 723 km of the river’s course and period beginning in 1980, i.e. before the signature 54,540 km2 (55%) of its catchment area are located of the Ukrainian-Russian Agreement, on the basis within Ukraine: Kharkov oblast has 375 km and of actual developments on transboundary bodies of 22,030 km2 (40%); Donets oblast 95 km and 7,950 waters. One of the first stages in the formulation of km2 (15%); and Lugansk oblast 253 km and 24,560 the principles of this cooperation was the km2 (45%). The Seversky Donets rises in a treeless acquisition of experience even in Soviet times of locality on the southern slopes of the Central the release of flood waters and the evacuation of the Russian Uplands near the village of Liski in waste water tanks of the industrial chemical plants Russia’s Belgorod oblast. The larger part of the located in Ukrainian territory. river’s upper and middle reaches from the border with Belgorod oblast are located in Ukraine’s In order to provide stable conditions for Kharkov, Donets and Lugansk oblasts; the average industrial operations it was necessary every year to annual volume of its natural flow on the frontier create reserves of free capacity in the tanks; this stretch separating Ukraine from Russia’s Rostov meant that in periods of high water-levels on the oblast is 4.76 km3. Seversky Donets waste water with a high content of minerals and phenols was discharged in volumes Disputes have arisen between water users and, calculated in the light of the expected volumes of following the formation of the Commonwealth of flood water needed to ensure the dilution of the Independent States (CIS), between States pollutants in compliance with the maximum themselves as a result of the growth of water permissible concentrations (MPC) on the frontier consumption in the basin, a higher rate of stretches between Ukraine and Russia. non-returnable water use, regulation of a considerable amount of the river’s flow, and The functional duties of the Seversky Donets pollution of its water. These disputes have taken BUVR, a water management agency of Ukraine’s many different forms and relate to water use State Water Management Committee, require it to schedules, discrepancies in the volume and quality attend to the State management of the water indices of the water in the frontier (inter-State, resources of the basins of the Seversky Donets and inter-oblast) stretches of the river, etc. In these the Aral Sea area within Kharkov, Donets and circumstances the adoption of qualitative decisions Lugansk oblasts. The BUVR applies the basin on the management of the basin’s water resources principle of flow regulation in order to satisfy the in the interests of the two States has of course water requirements of all stakeholders in the water management area.

90 The Agreement between the Governments of Through the arrangements for application of Russia and Ukraine concerning the Joint Use and the Agreement the two Parties have been able to Protection of Transboundary Waters , including the agree on the procedures for organizing the Seversky Donets basin, was signed on 19 October management of water resources in the Seversky 1992 at Kiev. This Agreement sets out the Donets basin, they are carrying out a programme of fundamental principles of joint water use, the joint analytical monitoring of the hydrochemical maintenance of water regulation and protection condition of bodies of water; and they have facilities, the implementation of measures of natural established the requirements for compliance with resource rehabilitation and protection, the hydrological and hydrochemical indices in frontier conservation and restoration of biological resources, waters. Measures to solve such problems as the monitoring of the condition of surface waters, determination of the schedules for running down regular exchanges of information and forecasts and recharging reservoirs during high water periods concerning the development of high water-levels, and during the low water-levels of summer and and the expected low water-levels. For the purposes autumn and the discharge of accumulated waste of application of the Agreement the Governments water, setting the water balance indices, of Russia and Ukraine appointed official construction of water management installations, etc., representatives and their deputies, who in turn are implemented only after bilateral negotiations appointed V. E. Antonenko (for the Ukrainian Party) when the measures in question affect the interests as head of the Seversky Donets BUVR and A. I. of the neighbouring State. Khorunzhenko (for the Russian Party) as head of the Don BVU. Thus, from the moment of its Over the period of more than 10 years which signature the cooperation between the two Parties has elapsed since the signature of the Agreement has been determined by the provisions of the there have been 25 meetings of deputy Agreement, the decisions taken at meetings of the representatives, held at least twice a year; these governmental representatives and their deputies, meetings included two working conferences of and other regulatory instruments. experts on the introduction of a decision-making support system and two meetings of expert working Pursuant to the Agreement the two Parties are groups. required to coordinate: • The implementation of water management These meetings have been devoted primarily measures and measures to protect bodies to discussion of the following matters: water of water against pollution; resource management during the periods of high • Work on the maintenance of water and low water-levels; conduct of joint analytical regulation and protection facilities in good monitoring of the quality of water resources in the technical order; frontier stretches in accordance with the established • Schedules for the operation of water programme; compliance with the agreed volume regulation facilities and releases of water, and quality requirements in the frontier stretches; and planned water management and the status of and plans for the work of the joint protection measures; working group; emergency and rescue services; • The formulation of plans for the integrated arrangements for early warning of emergencies; use and protection of water resources and approval of the activities of the Seversky Donets maintenance of water balances in the light BUVR and the Don BVU during releases of spring of the volume and quality indices of the flood waters and high water-levels due to heavy water in frontier stretches; rainfall; procedures for the provision of operational • The implementation of joint water and current information on the water management management and protection measures situation; status of the introduction of the when necessary; decision-making support system for the • Cooperation on the conservation of the management of water quality and water resources biological resources of reservoirs and in the Seversky Donets basin, etc. maintenance of the biological diversity of ecological systems.

91 The deputy representatives have organized the turns to reconstitute the programme in the light of Ukrainian and Russian participation in a working the comments and proposals made. group on the Seversky Donets basin. Working group meetings are attended by experts from State Information is exchanged every quarter environmental services, State health monitoring between the Seversky Donets BUVR and the Don centres, geology and mining bodies, State BVU, including information on the findings of the hydrometeorological services, and technical and monitoring of the water quality in the frontier design organizations. stretches of the transboundary rivers conducted under the established programme. In the run-up to As a means of developing the cooperation on the release of flood waters and in the event of very transboundary rivers the Russian side proposed the low water-levels the frontier requirements are conclusion of an agreement on the river considered in the light of the water discharge and Kundryuche , the need for which was dictated by the quality indices. Proposals of the Don BVU are location of a drinking-water reservoir on this river reflected in the decisions of the inter-agency in Russian territory. Such an Agreement was duly commission responsible for establishing the signed by representatives of the local authorities of operational schedules of the water management Lugansk and Rostov oblasts in 1999. Pursuant to systems for different times of the year. the Agreement, for the Ukrainian side the Seversky Donets BUVR and for the Russian side the Don In periods of high water-levels and when the BVU are responsible for the monitoring work on waste water accumulated in Ukrainian territory is the frontier stretch of the Kundryuche. released, the data are transmitted weekly or daily depending on the emerging water management The Agreement makes provision for situation in the basin. Pursuant to the Agreement monitoring of water quality along the frontier the Parties drafted procedures for cooperation in stretch with reference to its condition at the time of emergencies affecting transboundary waters . The signature. There have been no instances of procedures document was approved by the deterioration of the water quality while the representatives of the Governments of the two Agreement has been in force, although the Parties States. It specifies the possible accidents which have not yet taken steps to improve the existing may occur in bodies of water, the elimination of state of this transboundary river. The application of effects of which would require joint efforts by the the Agreement will offer an opportunity to decide two Parties in the event of a possible transboundary whether the adoption of similar agreements on the impact, the introduction of measures by the Parties transboundary rivers Mius and Krynka would be to prevent and deal with emergencies, and the justified, for the solution of the water management establishment of a notification system. The Parties problems of these rivers calls for joint efforts by the have exchanged details of staff members of their two States. services and of their experts, together with the telephone numbers and other means of To facilitate the work done under the communication of the Don BVU and the Seversky Agreement the Parties drafted a regulatory Donets BUVR. instrument entitled “ Procedures for the organization of the management of the water The cooperation between the Seversky Donets resources of the Seversky Donets basin ”, in which BUVR and the Don BVU when an emergency was included a programme on the joint analytical threatens or occurs on a transboundary body of monitoring of the quality of transboundary waters; water in the Seversky Donets basin is based on the this programme specified the locations and existing emergency warning and response systems periodicity of sampling, a list of indicators to be in operation in Ukraine and the Russian Federation. defined, and methods for formulating these The basin management bodies, including the definitions. In principle, this programme is Seversky Donets BUVR, have services whose task compiled for periods of five years, after which it is is to collect data on the state of the water regulation reviewed; following such reviews the Parties take installations, the water management situation, and

92 the occurrence of accidents in the management bacteriological condition of the water. The body’s area of operations. procedures for provision by the Parties of information about natural disasters and accidents Under the auspices of the Seversky Donets occurring in the territory of neighbouring States and BUVR and the Don BVU standing emergency the coordination of the measures for dealing with commissions carry out measures pursuant to their impact have been set out in intergovernmental intergovernmental agreements to prevent and deal agreements. with accidents which may result in water pollution. These commissions may collaborate with the local Joint action reduced the pollution of the emergency organizations depending on the scale Seversky Donets following a major accident at the and nature of the emergency. The decision to Kharkov treatment plant in 1995 and prevented terminate any joint action is taken by common impairment of the water quality in Rostov oblast, as accord once the effects of the accident have been well as enabling the water extraction facilities of dealt with and the water in question has been the towns of Donetsk, Kamensk and Belaya Kalitva restored to full cleanliness; the representatives of to continue operating without disruption. the Parties are immediately notified of such decisions. One typical example of cooperation was the resolution of a difficult situation on the The vigorous joint action taken during the very transboundary river Mius, where even very small high water-levels in 1994 made it possible both to increases in the releases into the river result in flood the low-lying riparian areas of the Seversky higher water levels and flooding of towns and Donets in Donets and Lugansk oblasts in districts villages in Russian territory. On receipt of where groundwater is abstracted for the information from the Don BVU on situations of this drinking-water supply and to reduce the damage kind the Seversky Donets BUVR takes operational from flooding of riparian areas in the Don basin by steps to reduce the flow from the reservoirs located fixing appropriate schedules for charging reservoirs in Ukraine, and when about to release flood waters and restraining the peak movement of the flood it ensures additional reduction of the water levels in surge in the Don’s lower reaches. Another graphic the Shterov, Yanov, Grabov and other reservoirs on example of joint emergency action by the Parties is the Mius in order to prevent any possible flooding provided by the accident at the Dikanev treatment of towns and villages in Russia’s Rostov oblast. For plant in June 1995. Such situations have offered a example, storms occurred on the shores of the Sea singular proof of the readiness of the two basin of Azov in the period 11-14 April 1997, destroying management organizations of the Ukrainian and buildings and installations and causing the flooding Russian Parties to take action to deal with of large areas both at the coast and along the rivers emergencies affecting bodies of water. of the Azov region, including the Mius, where there was a substantial rise in the water level. The laboratory service of the Seversky Donets BUVR had been required to devote some time to The Seversky Donets BUVR took emergency the organization of laboratory testing on 24 action to reduce the flow from the reservoirs stretches of the Seversky Donets and its tributaries; located in the Mius basin in Donets oblast in order this facilitated the monitoring of the development to prevent any worsening of the situation in Rostov of the situation in the basin so that management oblast and on the Mius. decisions could be taken in good time. Regular sampling and research were facilitated by the fact In April 2002 the Parties organized a joint that the basin laboratory and its field services are training exercise to improve the joint response to quite well equipped with modern instruments. The emergency situations. The exercise was based on a work done by the Seversky Donets BUVR and the possible accident at the pumping station of a Don BVU in dealing with the aftermath of the storage facility for waste water containing phenols Dikanev accident included joint sampling and at the company Rubezhansky Krasitel LLC. It was testing in the transboundary stretches and the assumed that samples had been taken from the exchange of information on the hydrochemical and stretch of the Seversky Donets below the point of

93 release of the polluted waste water containing Scientific Research Institute for Water Management concentrations of phenols which would have authorities in 1987, i.e. even before the signature of reached the Russian frontier in levels exceeding the the Ukrainian-Russian Agreement. The creation of MPCs tens of times over, so that the Don BVU the Seversky Donets BUVR marked the initiation in would have to deal with the situation with the aid of Ukraine’s water management apparatus of the the decision-making support system in the light of development of an automated system for the forecast movement of the pollution front management of the water network in the interests of through Rostov oblast. There are five large all the stakeholders. An enormous amount of work reservoirs in Ukrainian territory within the possible was done on the compilation of the initial data pollution stain, one of them - the Svetlichansk - available to the organization at that time, making supplying drinking water, another supplying a use both of statistics and of the personal experience fishing enterprise - the Lugansk oblast fisheries of the water experts of the existing water combine - and the other three delivering irrigation inspectorate. The introduction and development of water for the irrigation system of the Lugansk the programme outputs formulated by the experts of oblast water authority. the North Caucasus Scientific Research Institute for Water Management opened up new possibilities, An analysis of probable developments in the bringing the staff’s work up to date and making it event of such an accident showed that it was more creative. This period may also be regarded as impossible effectively to influence the passage of marking the initiation of the active cooperation the pollution stain along the Seversky Donets by between the Don BVU and the Seversky Donets diluting the polluted water in order to prevent the BUVR. contamination from reaching the reservoirs in Ukrainian territory, for there are no reservoirs or Thanks to the intergovernmental cooperation ponds on this stretch of the river. The possible on water management and the understanding option of increasing releases from the reservoirs on attitude and support of the official representatives the rivers Lugan (Uglegorsk and Mironov) and of the Russian and Ukrainian Governments, Mr. Derkul (Belovodsk) was considered as a means of N.N. Mikheev and Mr. K. A. Aliev, the sixth preventing the probable inflow of phenols or at conference of representatives (Konakovo, 28-30 least reducing their concentrations in the river in June 1999) adopted a decision to extend to the the monitored frontier stretch. However, the time Seversky Donets BUVR the benefits of the calculated for the journey of these increased development of the decision-making support releases along the tributary rivers at their existing system for the management of water quality and flow speeds was considerably longer than the time water resources; this system had been formulated allowed by the developments on the Seversky by a working party headed by Professor A. E. Donets. Kosopalov under the auspices of the Centre for the Design and Implementation of International The information/advice decision-making Cooperation Projects. support system established by the two countries for the Seversky Donets basin serves as the technical A decade of experience of cooperation with information basis of the Agreement. Joint use of the Don BVU under the intergovernmental this system enhances the information available to agreement on the solution of problems in the the Parties, renders the activities of one Party Seversky Donets basin has been accumulated transparent and predictable to the other, and through the implementation of agreed joint facilitates the coordination of the efforts to devise measures for the regulation of the river’s flow, joint solutions, thus making the management of the monitoring on the frontier stretches of the water resources as efficient as possible. transboundary rivers, and the adoption of agreed decisions on the exchange of information on the In the Seversky Donets BUVR the possibility condition of the bodies of water at different times of managing water resources in accordance with the of the year. The cooperation with the Don BVU basin principle has been available since the start of over many years, both under the existing the cooperation with experts of the North Caucasus Agreement and before its conclusion, has facilitated

94 the establishment of equitable good-neighbourly organizations of Ukraine’s Russian neighbour relations with the organizations of the adjoining under the auspices of the Council of Heads of the State in the resolution of issues of the joint use and Frontier Oblasts of Russia, Belarus and Ukraine. In protection of transboundary waters. 2000 the Council’s executive board initiated work on the formulation of an inter-regional programme It should be stressed in particular that the two to upgrade the environment of the Seversky Donets States made no claims against each other basin . The outcome so far has been the production concerning the quality or volume of water resources of an outline of the environmental upgrading of the in the frontier sections of the rivers of basin, and the coordination committee is doing transboundary basins either in 2002-2003 or in intensive work on the realization of the programme, preceding years. But during the extremely low including consideration of the question whether it summer water-levels experienced in the year just should be invested with the status of a State past, which gave rise to a critical situation including programme. The programme was approved in 2004. the significant depletion of the Pechenezh reservoir, on which a stable water supply for Kharkov A memorandum of understanding has been depends, the Russian side (the Don BVU) acceded signed on the joint efforts of Ukraine and Russia to to a request by the Government of Ukraine to solve environmental problems in the basin, and a increase releases from the Belgorod reservoir; this draft agreement has been produced and submitted action succeeded in stabilizing the situation in the to the foreign ministries of the two countries for region. study and approval. Arrangements are being devised for creating and operating a special In addition, the Seversky Donets BUVR is also environmental fund for implementation of the cooperating actively with the executive board of the programme. Council of Heads of the Frontier Oblasts of Russia, Belarus and Ukraine on the formulation of an But the most important achievement is the inter-regional programme to upgrade the success in securing consideration of the issue and environment of the Seversky Donets basin. In 2002 involving the administrations of the frontier oblasts representatives of the Seversky Donets BUVR took of Russia and Ukraine in its resolution. For over 10 part in the meetings of this programme’s years the cooperation between the Seversky Don coordination committee in Rostov in May and in BUVR and the Don BVU has been successful in Belgorod in September. These meetings considered attaining the main objective of the Parties’ joint questions of the handling of wastes in Russia and activities - to guarantee conditions for the stable Ukraine and the influence of waste disposal sites on operation of the water management facilities in the the catchment area of the Seversky Donets basin basin of the Seversky Donets and the rivers of the and on the quality of the water resources, as well as Aral Sea area in the territory of both States. questions of the river’s environmental security. The absence of any claims concerning water In addition to its work under the quality or volume in the frontier stretches and the intergovernmental agreement on the joint use and effectiveness of the joint action taken to prevent protection of the basin’s transboundary waters, the emergencies on the rivers are the result of the Seversky Donets BUVR, as an agency of Ukraine’s cooperation between the basin management State Water Management Committee, engages in organizations of Ukraine and Russia. international cooperation with the water management and environmental protection * * *

95 EXPERIENCE DRAWN FROM THE SWEDISH ENVIRONMENTAL PROTECTION AGENCY’S COOPERATION PROGRAMME ON TRANSBOUNDARY WATERS

N. MUNTHE AND S. LUNDBERG

With over half of the world’s population living cannot be solved without consideration of all the in transboundary river basins, successful activities within the entire catchment area. Thus management of these shared basins is a great improved cooperation in the river basins of the challenge for politicians, administrators and others. Baltic Sea is needed to minimize the pollution load There is a growing understanding of the importance entering this Sea. of cooperation between different actors and across borders in shared water basins. In 1997 the Swedish Environmental Protection Agency (EPA) 47 initiated the Programme on One major basis for developing cooperation in Transboundary Waters to promote cooperation European transboundary waters is the EC among countries sharing a joint water basin. Prior Framework Directive on Water (2000/60) 45 . It to 1997 the Swedish EPA had funded several governs water management in member States and projects in the Lake Peipus area focused on the also has an impact on the new members of the capacity of the Russian and Estonian regional Union in their efforts to harmonize with various EC authorities to conduct harmonized environmental directives. The overall purpose of the Directive is to monitoring. The ultimate goal of the Programme is attain a sustainable use of water resources and to arrive at a better environment in the basin and, in ensure that good water quality is achieved in all the longer term, also in our common Baltic Sea. waters by the year 2015. The directive states that the basin is to be the management unit, and further The Central and Eastern European Programme stipulates that agreements should be negotiated for of the Swedish EPA is an important part in the internationally shared water basins. Swedish development assistance to Central and Eastern Europe. Swedish development assistance is In addition, the Council of the Baltic Sea coordinated by the Swedish International States has stressed that all countries in the Baltic Development Cooperation Agency (Sida) 48 , which Sea region should ratify and implement the UNECE also provides support to environmental investments, Convention on the Protection and Use of such as waste-water treatment plants. Transboundary Watercourses and International 46 Lakes , and develop action programmes for their The overall objective of the Central and transboundary waters, based on the principles of the Eastern European Programme 49 of the Swedish Convention. The management of transboundary EPA is to support the environmental authorities in waters in the Baltic Sea region is also mandated by the adjacent area, i.e. Estonia, Latvia, Lithuania, the Convention on the Protection of the Marine Environment of the Baltic Sea Area (1974, 1992). The environmental problems of the Baltic Sea 47 Web site: www.naturvardsverket.se. 48 Web site: www.sida.se. 49 Additional information in English on the Central and 45 Directive 2000/60 of 23 Oct. 2000, published in the Eastern European Programme is found on the web site Official Journal L 327, 22 Dec. 2000. of the Swedish EPA: www.naturvardsverket.se. 46 Posted on www.unece.org/env/water.

96 north-western Russian Federation, Ukraine and this report are based on some general assumptions Belarus. This support is aimed at developing and concerning river or lake basin management: making their environmental work more effective and strengthening their ability to comply with 1. The basin is the logical level for international commitments. During the period management 1993-2002 some 200 projects were initiated on A river basin comprises both water and land. administration, legislation and cooperation on The interactions between parts of the river basins issues such as water management, nature (upstream-downstream, land-water, conservation, waste management and groundwater-surface water, population, biotope, environmental information. The annual turnover of etc.) are so strong that the system as a whole is the the Programme is about SKr 20 million (US$ 2.4 only logical level for management. There is today a million). strong consensus that the administrative entity

should be the river or lake basin. At present, the priority is to develop projects on three major issues: 2. The interests of various stakeholders must • Approximation by candidate countries to be taken into account the regulatory framework of the European Union (EU); Water is a social, environmental and economic • Transboundary watercourses and lakes, resource. The importance of safe drinking-water and the Baltic Sea; supply, the role of water for farmers and fishermen, • Environmental work in the north-western various economic activities dependent on water, as Russian Federation. well as its significance for different ecosystems, must be recognized. The prevailing opinion today is The overall aim of the Programme on that the management of water resources must take Transboundary Waters is to support cooperation an integrated approach, and that all sectors of among countries bordering lakes or rivers East of society that influence, or are influenced by, water the Baltic Sea so that these waters can be used in a resource management have to be considered in the sustainable way. management of the basin.

Its specific objectives are to promote: 3. Each basin is unique • The development of bilateral and trilateral The hydrological, environmental, social and agreements for each basin; economic circumstances vary considerably in • The establishment of river basin different regions, and every river or lake basin will management plans; therefore need its own specific policies, plans and • The establishment of joint water activities. The management of transboundary water commissions; basins is particularly complicated since there is not • The coordination of environmental one government to manage international waters and monitoring and management of environmental bordering States may have different languages and information; cultures as well as different legislation and • A common, integrated approach to water institutional structures. management in each river basin. The major part of the funding to the The aims and objectives described above are Programme on Transboundary Waters of the all quite general, so all the projects have more Swedish EPA comes from Sida following a grant concrete and specific objectives, which are agreement signed in 1999. The Programme has also measurable and have deadlines. received funds from a Swedish governmental fund, Baltic Billion I. During the period 1997-2002 the In this report the expression ‘river basin’ is Programme received about SKr 8 million used, the same conclusions are, however, applicable (approximately US$ 900,000). to ‘lake basins’. The discussion and conclusions in

97 Its primary partners are the national and The Programme on Transboundary Waters regional environmental authorities of the countries covers three transboundary basins (fig.): concerned. However, other actors, such as • Lake Peipus – river Narva (shared by universities, NGOs and private sector organizations Estonia and Russian Federation); within the drainage basin, are at times encouraged • The river Daugava-Zapadnaya Dvina to actively participate in the work. As in all (shared by the Russian Federation, Belarus and Swedish development support, the cooperating Latvia); partners are expected to co-fund all projects. The • The river Neman (shared by the Russian different States’ ability to co-fund joint projects Federation, Belarus and Lithuania). must be taken into consideration. In total these areas constitute about 15% of the Some of the cooperating partners in the region drainage basin of the Baltic Sea. These rivers also are: contribute approximately the same percentage to • The Intergovernmental Estonian-Russian the total load of water-borne nitrogen to the Baltic Joint Commission on Transboundary Waters and its Sea. The river Narva is the least and river Neman working groups; the most polluted of the three. • The Ministry of Environment of Estonia; • The Ministry of Natural Resources of the The Swedish EPA has also initiated bilateral Russian Federation; projects, which are complementary to the projects • The Federal Service for involving the transboundary cooperation on water Hydro-Meteorology and Environmental Monitoring resources. The Dvina project (a river basin of the Russian Federation (Roshydromet); management plan, Latvia), the Kola River • The Center for Transboundary Environmental Programme (Russian Federation), Cooperation, Pskov (Russian Federation) and Tartu Environmental information in the north-western (Estonia); Russian Federation, are some examples of projects • The Ministry of Natural Resources and which have synergies with the activities of the Environmental Protection of Belarus; transboundary waters programme. • The Ministry of the Environment of Lithuania; • The Ministry of Environment of Latvia; • The Centre for Environmental Policy (Lithuania); • The Central Research Institute of Integrated Use of Water Resources (Belarus).

Cooperation on a common water resource is complex. Experience from Central Europe and elsewhere has shown that cooperation takes time to establish and develop and that successful cooperation must build on confidence, commitment and a common understanding of the situation. The Swedish EPA can, as an external programme partner, act as a catalyst in the process to establish and develop cooperation. This implies support to a political process, driven by the riparian States, with difficulties in foreseeing the pace of development of the cooperation. It is also important to enhance collaboration with other actors, such as the Helsinki Commission, the EU and the World Bank, to facilitate future investments.

Figure: The Baltic Sea drainage basin and the three

98 transboundary waters included in the Programme ensuring that the polluter pays; on Transboundary Waters of the Swedish EPA: • Balancing the interests of the environment Peipus-Narva, Dvina and Neman. with those who depend on it.

All three basins of the programme have one The Directive requires river basin districts to thing in common: they involve one new EU be defined and all actions in the river basin districts member country as well as the Russian Federation, to be coordinated in a river basin management plan, and therefore constitute the border between the EU drawn up by a river basin management authority. and the Russian Federation. Two of the basins To conclude, the Water Framework Directive is a include Belarussian territory. The Russian tool and an important driving force towards Federation and Belarus belong to the sustainable river basin management. Commonwealth of Independent States and have formed their own union. Thus the countries are not In the following sections the situation in each only single actors, they also represent different of the three river basins included in the Swedish political unions with different aims. It is of the EPA Programme on Transboundary Waters is utmost importance to understand the political described separately, including: context and framework for cooperation as well as • A general description of the river basin; the driving forces to develop the cooperation in the • The economy; basins. • The environment; • The transboundary environmental Russian legislation has a basin approach cooperation; outlined in the Water Code and the Law on • A description of the Swedish EPA Environmental Protection and at present the activities; Russian Federation has 17 basin authorities and a • General conclusions; long experience in river basin management. Full • Comments on future activities. cost recovery is, however, not a part of the Russian water legislation. The Belarussian Administration The conclusions and recommendations in this does not have a basin approach, but approves of its article are based on the experiences gained with the principles. Swedish EPA-funded projects and various recommendations developed by experts on The old and new members of the European transboundary water management 50 . Union are governed by the EC Water Framework Directive. A directive is legally binding and thus In many regions of the world conflicts between has to be implemented in each member State’s water uses and between upstream and downstream national legislation. The objective of the Water uses are increasing. Also, vulnerability of river Framework Directive is that all waters should reach basins to extreme events has increased. To preserve a “good status” by 2015 and that water use should our precious water resources for present and future be sustainable throughout Europe. The Directive generations sustainable river basin management is a represents an ambitious approach to water prerequisite. We must find ways to manage our management. Its key elements are: basins and take social, economic as well as • The protection of all waters – rivers, lakes, environmental dimensions into account. The coastal waters and groundwater; management of transboundary basins is particularly • The setting of ambitious objectives to complicated since there is not one government to ensure that all waters meet “good status” by 2015; manage the basin and riparian States may have • The requirements for cross-border different languages and cultures, as well as cooperation between countries and all the parties different legislation and institutional structures. involved; Although conflicts over water uses may be • Ensuring the active participation of all stakeholders, including NGOs and local 50 The list of references includes some of the publications communities, in water management activities; from the various Swedish EPA projects and some • Requiring water pricing policies and external reports.

99 frequent, water is also an opportunity for regional responsive to current and future needs. Strategic cooperation. Joint integrated management does tasks with many interfaces between sectors should make coordination efforts and analytical work more primarily be the responsibility of complex. The outcome, however, is likely to be less national/regional/local governments and not of a conflict between different user groups and lower specific functional institution. River basin long-term costs, making a more sustainable use of authorities, with autonomous decision-making the resources possible. powers, may be a good option for operational tasks with a narrow scope. River basin commissions There is no blueprint for river basin should be established for transboundary river basins, management that can be applied to all basins. The in order to provide the necessary intergovernmental conclusions and recommendations in this report are, coordination and offer a platform for negotiation. however, generalized and described as different phases in the development of transboundary water The assessment of resources and needs is also management, with a focus on institutional and legal of paramount importance. Knowledge about the aspects. strategic assets of the basin, and about the uses, the needs and the pressures exerted on it, constitutes The process of developing the joint the starting point for formulating objectives and management of a transboundary basin developing plans. Much effort must be made to develop joint visions and common approaches to Let us assume that the ultimate goal is a the situation to make joint management possible. complete management and control system for achieving sustainable water management at the To achieve effective river basin management river basin scale. The process of developing sound data, information and knowledge are needed. integrated joint management could then be This includes both data on surface and groundwater described as five phases: (quality and quantity), and social and economic 1. Assessing the national institutional and data. Collecting and processing of relevant data, legal framework and resources and needs; easy accessibility and broad dissemination are 2. Developing the relevant legal and prominent tasks of river basin management. Data institutional framework; often need to be aggregated into meaningful 3. Drawing up a basin management plan; information, for example in the form of indicators. 4. Implementing the management plan; 5. Compliance monitoring and evaluation. It is worth mentioning here that surface and groundwater may be characterized by an almost In practice this is rather a cyclic process, infinite number of biological, chemical, geological, where the phases will need to be run through hydrological, morphological and ecological several times. The outcome of compliance parameters. Funds for monitoring and assessment monitoring and evaluation, for example, may lead are, however, limited and it is, therefore, necessary to revisions of the management plan. Experience to restrict the number of parameters used. The will be gained through trial and error. topics that should be covered depend on the specific basin and on the capacity available. Which Assessing the national institutional and legal information is actually necessary to manage the framework and resources and needs basin? Experience has proven that it is usually sufficient to work with a limited number of Institutions and legal provisions are needed to parameters in practical water management, set up management systems for river basins. There although there will always be individuals who will should be a clear allocation of duties and complain about a lack of information. responsibilities at all levels. In addition, a basis is needed for issuing emission licences, setting quality standards, checking compliance and enforcement. Institutions and legal regimes should furthermore reflect local conditions, and be flexible and

100 Developing relevant legal and institutional • The UNECE Convention on Access to framework Information, Public Participation in Decision-making and Access to Justice in A possible first step towards developing the Environmental Matters; confidence and political commitment necessary for • The UNECE Convention on the transboundary water management, is cooperation Transboundary Effects of Industrial Accidents. on technical matters. Thereafter, States should try to draw up an international agreement or other In addition, some global conventions are arrangement for cooperation in the river basin, and relevant such as the 1971 Ramsar Convention on establish a joint or coordinated body for organizing wetlands and the 1992 Convention on Biological and supervising this cooperation. Diversity. The concepts, principles and rules laid down in various international legal documents need Legal instruments to be further developed. In most river basins they are not yet fully implemented. As mentioned earlier, Legal instruments are essential, but the process the old and new members of the European Union of developing them is as important as their are governed by the EC Water Framework substantive content. Building confidence and Directive. The principles of basin management nurturing cooperative actions will lead to the described in this report correlate well with the security that a legal agreement will provide. River Directive. basin agreements should reflect the relevant principles of international law, such as the Institutional framework principles of equitable and reasonable use, the obligation not to cause significant harm, and the Experience with transboundary river duty to notify and exchange information. management illustrates the importance of working Framework agreements are often based on the at three complementary levels - international, principles of the United Nations Convention on the national and subnational – to achieve successful Law of the Non-navigational Uses of International and sustainable management programmes. At the Watercourses (1997). This Convention defines the international level a commission provides a basis broad commitment to cooperation. The framework for joint approaches and actions among the agreement model has great relevance for cooperating parties. At the national level, different transboundary waters, where early commitment to ministries integrate the actions of the commission cooperation is essential, but details of cooperative into national policies, strategies and programmes. arrangements need time and dialogue. ‘Subsidiary’ At the subnational level, the participation of local agreements can be developed later, as information governments, the private sector, NGOs, civil becomes available and confidence grows, to address society institutions and various stakeholders is specific needs such as quality standards, cost needed to translate these policies and programmes allocation, etc. into action and provide feedback. In transboundary river basins, commissions are almost indispensable. Riparian States should be encouraged to sign They can perform many useful tasks such as and ratify relevant international and regional coordination of research and monitoring, conventions. Apart from the above-mentioned coordination of river basin management among the United Nations Convention, there are a number of participating basin States, planning, compliance other conventions relevant for transboundary water monitoring and conflict resolution. Conventions management, such as: and other related agreements provide the • The UNECE Convention on the Protection framework for the operation of commissions. They and Use of Transboundary Watercourses and must be able to meet changing conditions and International Lakes, its Protocols on Water and address emerging issues relevant for the basin in Health and on Civil Liability; question. Commissions are therefore not static. • The UNECE Convention on Environmental Impact Assessment in a International river basin authorities with Transboundary Context; decision-making and enforcement powers may be a

101 good option for specific operational tasks, such as An integrated approach to developing the plan the restoration of water quality, shipping and the is needed so that the viewpoints and interests of the joint operation and management of infrastructure. various participants are balanced from the start. Policy and strategy should be separated from This implies having a cross-sector approach, which execution and implementation. Joint water in many cases is not part of the administrative commissions should formulate policy, while river culture. The principle of sustainability means basin authorities should execute, operate and developing balanced objectives, preventing a single manage specific projects. use from dominating and respecting the ecosystem - the basic resource for economic and social There is no single model or approach to development. cooperation which is appropriate for all situations. The range of institutional examples and experiences Knowledge about the ecosystem and its should be reviewed when establishing the functions is of great importance. It is a good rule of framework for any new organization. The thumb to adhere closely to the original, natural management structure should provide for effective conditions of the ecosystem. Extreme deviations planning and management, allow managers and from the natural state often lead to unexpected and technical staff to operate efficiently and be unwanted effects, not only on the ecosystem, but affordable for the cooperating parties. also on economic interests. Fisheries may be Transboundary water management organizations do impaired by the construction of dams, regulating not need to be large. They can rely on national the river flow may lead to flooding, etc. Another technical support from their cooperating parties in example is the vital role of wetlands, which in joint committee structures to avoid competing for many regions have been destroyed by dyking. scarce human and financial resources. The Wetlands act as nature’s own purification plant, structures that succeed are often based on joint decreasing the nutrient load reaching the water. In fact-finding and sharing of information, which addition, wetlands also help even out flooding. create a climate of trust among parties. Institutional sustainability of commissions ultimately rests on Also keep in mind the link between the river high-level political commitment in each country. It basin and the coastal zone. The coastal zone is an is often wise to develop institutions and area of intense human activity and often has management structures step by step. outstanding biodiversity. Unlike river basins, coastal zone management has long combined two The financial capacity of commissions to facets: marine resources management and land-use undertake activities must be guaranteed by the planning. In addition, the use of land greatly cooperating parties if they are to fulfil their mission. influences the quality of water, hydrological High-level political commitment, trust among regimes and vulnerability to extreme events. Water parties, and stakeholders and civil society support management and spatial planning must therefore be are necessary elements in order to ensure continued coordinated. River basin management is also financing. The scope of commissions’ programmes greatly influenced by other policy areas such as and the size of their staff and structure should be nature protection, air and soil pollution control, and commensurate with available financial resources. chemicals management.

Drawing up a basin management plan The river basin management plan should preferably cover a period of 5-10 years. Its contents may vary, as may its level of detail, but it usually A river basin management plan covering the includes the following elements: entire basin should be developed and focus on the • A description of the river basin basin’s specific conditions and problems. The plan (assessment of resources and needs); should furthermore be in proportion to the • An outlook on probable economic, resources available for its implementation. The plan demographic and ecological developments; has to be approved by the governments, preferably • A formulation of objectives taking account through a joint or coordinated body, e.g. a commission.

102 of the balancing of human uses and ecosystems; Compliance monitoring and evaluation and • A set of measures needed to attain each of To follow up the results achieved during the those objectives. implementation of the river basin management plan For EU member States the structure of the evaluations are needed. Based on the evaluation, management plan should be in line with the Water the plan may be revised. Compliance monitoring – Framework Directive. reporting, reviewing and evaluating – is very important in order to promote successful Implementing the management plan implementation of the plan.

During implementation national, regional, Challenges local and river basin authorities and others will have their respective responsibilities. Attaining the A major challenge in transboundary water objectives of the plan will be the result of management is to provide open access to basic cooperation. information and data sets to the public to support

informed decision-making and foster a frank The operational management of the river basin discussion of key transboundary water management plays a key role. Part of the task at this stage may issues. To ensure effective participation of the include routine registering by authorities of public, rights of access to information, active water-relevant activities (such as discharges of participation in decision-making processes and waste water), checking compliance mechanisms, access to justice need to be legally established. issuing licences and carrying out measurements.

Regulatory and economic incentives are essential. Knowledge is power. Without knowledge, To prevent pollution, a mix of regulation and riparian States will be nervous about threats to compliance instruments can be used. Charges are sovereignty, especially when another riparian State an effective means of financing river basin is deemed to have that knowledge and is therefore management (cost recovery) and reducing water powerful. In this situation any attempt at rational use as well as pollution. negotiations is seriously hampered.

Physical tasks such as building waste-water Other challenges include the willingness to treatment plants, installing new technology, deal with emerging problems, developing political constructing irrigation works or restoring the commitment and public support, as well as natural environments may also be part of the promoting efficient water use and the use of implementation of the management plan. incentives for cost-efficiency.

Some critical issues during implementation The possible role of donors are:

• Promoting efficient water use; Before initiating any projects to support the • Using incentives for cost-efficiency; transboundary cooperation in a river basin a • Sharing benefits rather than water; thorough analysis of the situation in the basin is • Moving from supply-side to demand recommended. It is of the utmost importance to management; understand the political context in the basin: what • Using rational economic instruments to are the forces driving transboundary cooperation in achieve cost recovery in water pricing; the basin? Also analyse the legal situation (are there • Using relevant management tools such as any agreements?) and the institutional set-up. environmental impact assessment, evaluation of water quantity and quality, actions for maintaining If there are political difficulties, projects with a ecosystems and conserving biological diversity. more technical focus might be the most efficient to

initiate. It might be fruitful to discuss harmonized

monitoring, evaluation of data, etc. with a donor as

one external part. Technical cooperation involving

103 the collection and dissemination of information • Access to data; promotes the acceptance of this information by all • A constructive approach towards basin States and stimulates mutual understanding inter-agency cooperation among the project’s and trust. partners. External support is often best directed to In the future Swedish development support complementing the technical work that the will to a greater extent focus on the Russian management institution requires to develop policy Federation, Ukraine and Belarus as well as other and provide guidance on issues of common interest. newly independent States 51 . Support to Estonia, It should be designed with a view to phasing out Lithuania, Latvia and other new EU countries will donor support for institutions once their be phased out. Projects promoting cooperation in management, administrative and human resource transboundary basins involving also the Baltic capacities are adequately developed. The States will, however, most likely receive additional preparation of strategic action programmes has future support. proven to be a useful tool for developing experience and expertise within new commissions References and for the cooperating parties to reach a shared vision concerning the management priorities. T. Maltsman, D. Zarkov (editors). Environmental State of the Neman River Basin and The process of developing transboundary Prospects for Development of Trilateral water management is very complex, involving a Cooperation Among Byelorussia, Lithuania and wide range of participants and including an Russia in the field of Use and Protection of Basin’s extensive variety of activities. The experience of Water Resources. 2002. the Swedish EPA Programme on Transboundary Waters shows the importance of carefully R. Perens, E. Andresmaa, V. Antonov, G. Roll considering the role of the donor. The riparian and U. Sults (editors: P-O. Johansson and J. countries must have a long-term commitment to Anderberg). Groundwater Management in the developing their cooperation. The donor must not Northern Peipsi-Narva River Basin. 2001. take over responsibility but provide assistance for Available in Russian and English. initiatives that promote cooperation. It is often difficult to foresee the pace and direction of the P. Stålnacke, K. Pachel, S. Basova. development of cooperation, so a certain flexibility Identification of uncertainties in assessments of the from the donor is recommended. nutrient loads and sources to Lake Peipsi and the recommendations to the Estonian-Russian Building capacity is generally of fundamental Transboundary Water Commission. 2001. importance. Consider any possible capacity Available in Russian and English. A brochure about imbalances among the cooperating partners in the the Commission was produced in English and basin. Such imbalances can greatly constrain Russian as well as Estonian. 2001. negotiations and cooperative action, therefore efforts to correct these imbalances need to be taken. H. Ahlgren, U. Jardfelt, Uppsala University. If one of the participants has access to greater Study of phosphorous in water in North-Western resources (funding, competence, access to Russia. 1999. information, etc.), cooperation may become one-sided, and the larger partner may be able to dictate the conditions for cooperation.

Before initiating any projects donors are recommended to ensure that there is: 51 • Political commitment to ensure that The newly independent States (NIS) (i.e. the former Soviet Union excluding the Baltic States) are: project results will be sustainable; Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, • A clear mandate for the project’s Kyrgyzstan, Republic of Moldova, Russian Federation, participants; Tajikistan, Turkmenistan, Ukraine and Uzbekistan.

104 P. Stålnacke, U. Sults, A. Vasiliev, B. Documentation from the seminar on Skakalsky, A. Botina, G. Roll, K. Pachel, T. international cooperation in the basin of river Maltsman. Nutrient loads to lake Peipsi. 2000, Nemunas. Kalingrad, June 2002. Swedish Jordforsk Report No. 4/01. Environmental Protection Agency.

L. Olsson, U. Sults. PCB, metals and benthic External reports fauna in some rivers draining oil-shale mining; areas in the lake Peipsi catchment – a report from a Towards sustainable river basin management - monitoring campaign. 1999. Länsstyrelsen Västra recommendations and guidelines on best Götaland 1999:40. management practices. Published for the Second World Water Forum and Ministerial Conference in G. Roll, T. Maximova, N. Alekseyeva. The The Hague (Netherlands) in March 2000. Daugava Directory – Environmental Organisations, Water Protection and Management. 1999. Center Transboundary Water Management - for Transboundary Cooperation in cooperation with Experience of International River and lake the Swedish Environmental Protection Agency. Commissions. International Round Table, Berlin 1998, Recommendations, German Foundation for I. Voitov, Ch. Romanovsky, T. Maltsman. International Development. Hydroecological status of the Zapadnaya-Dvina/Daugava basin, Minsk, 2000. Global Water Politics - Cooperation for Transboundary Water Management. Petersberg Documentation from the seminar “Developing a Declaration 1998, German Foundation for transboundary water agreement for the river International Development. Daugava/Zapadnaya Dvina”. Sigulda, Latvia,

September 1999. Transboundary Water Management -

Experience in the Baltic Sea Region. Vilnius, Follow-up seminar on draft cooperation recommendations 1999, German Foundation for agreement for the river Daugava/Zapadnaya Dvina. International Development. Sigulda, Latvia, June 2001.

Review of existing structures, models and Support to the Estonian-Russian practices for transboundary water management. Transboundary Water Commission – final project Geoffrey D. Gooch and Pär Höglund (Linköping report. Project no. CEE 008. Swedish University), Gulnara Roll, Evelin Lopman, Natalia Environmental Protection Agency. Alekseyeva (Peipsi Centre for Transboundary

Cooperation), 2002, Mantra-East Project.

* * *

105 REGULATION BY THE UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE OF ENVIRONMENTAL ASSESSMENTS FOR WATER RESOURCE MANAGEMENT

N. GRISHIN

This paper considers the regulation of such on the environment (art.1, para. (iv)). Pursuant to types of assessment as environmental impact article 2, paragraph 2, the scope of the EIA assessment (EIA) and strategic environmental procedure must cover the 17 types of planned assessment (SEA) in the management of water activity listed in Appendix I to the Convention. resources using the basic legal instruments Among these kinds of activity the following can produced by the United Nations Economic have a direct bearing on water resource Commission for Europe (UNECE). The management: fundamental UNECE document in the field of • Trading ports and also inland waterways international cooperation to prevent, limit and and ports for inland waterway traffic reduce the pollution of transboundary waters and to which permit the passage of vessels of ensure their sustainable use is the Convention on over 1,350 metric tons; the Protection and Use of Transboundary • Large dams and reservoirs; Watercourses and International Lakes, 52 which • Groundwater abstraction activities or was signed at Helsinki on 17 March 1992 and artificial groundwater recharge schemes entered into force on 6 October 1996. where the annual volume of water to be abstracted or recharged amounts to 10 The use of EIAs and other assessment methods million cubic metres or more; are mentioned among the measures which Parties to • Offshore hydrocarbon production. the Convention must formulate, adopt and implement in order to attain the goals of the The need to conduct EIAs for water resource Convention (art. 3, para. 1(h)). management is not limited to these types of activity. Pursuant to article 2, paragraph 5, of the The conduct of EIAs in a transboundary Convention concerned Parties shall, at the initiative context is regulated by the UNECE Convention on of either Party, enter into discussions on whether Environmental Impact Assessment in a one or more proposed activities not listed in Transboundary Context , which was signed at Espoo Appendix I is or are likely to cause a significant (a suburb of Helsinki) on 25 January 1991 and adverse transboundary impact and thus should be entered into force on 10 September 1997. In this treated as if it or they were so listed. Where those Convention (hereinafter “the Transboundary EIA Parties so agree, the activity or activities shall be so Convention”) the term environmental impact treated. The general principles for determining the assessment means a national procedure for criteria to assist in the determination of a significant evaluating the likely impact of a proposed activity harmful impact are set out in appendix III to the Convention.

52 Convention on the Protection and Use of The latest legal instrument produced by Transboundary Watercourse and International Lakes. UNECE having a bearing on the regulation of the United Nations. New York and Geneva. conduct of environmental assessments in the ECE/ENHS/NONE/1. 1994. management of water resources is the Protocol on

106 Strategic Environmental Assessment 53 to the • Construction of inland waterways and Transboundary EIA Convention, which was signed ports for inland-waterway traffic, so far as at Kiev on 21 May 2003 by representatives of the not included in annex I; European Union and 36 States members of UNECE • Trading ports, piers for loading and under the auspices of the Fifth Ministerial unloading connected to land and outside Conference “Environment for Europe”. ports, as far as not included in annex I; • Canalization and flood-relief works; For the purposes of this Protocol on Strategic • Sludge deposition sites; Environmental Assessment means the evaluation of • Groundwater abstraction or artificial the likely environmental, including health, effects, groundwater recharge, as far as not which comprises the determination of the scope of included in annex I; an environmental report and its preparation, the • Works for the transfer of water resources carrying-out of public participation and between river basins; consultations, and the taking into account of the • Waste-water treatment plants; environmental report and the results of the public • Dams and other installations designed for participation and consultations in a plan or the holding-back of or for the long-term or programme (art. 2, para. 6). permanent storage of water, as far as not included in annex I; The Protocol stipulates the necessity of an EIA • Coastal work to combat erosion and with regard, inter alia, to water management plans maritime works capable of altering the and programmes which set the framework for coast through the construction, for future development consent for projects listed in example, of dykes, moles, jetties and other annex I of the EIA Protocol which require an EIA sea defence works, excluding the under national legislation (art. 4, para. 2). maintenance and reconstruction of such works; Annex I of the EIA Protocol mentions the • Installations of long-distance aqueducts; same 17 types of activity as are found in appendix I • Marinas; of the Transboundary EIA Convention. However, • Reclamation of land from the sea. the list contained in annex II of the EIA Protocol is more extensive. It includes inter alia the following Leaving aside the terminology and considering activities having a bearing on water resource only the essence of the EIA process - evaluation of 54 management: the effects on the environment of various versions • Water management projects for agriculture, of plans and programmes for a given activity before including irrigation and land drainage a decision is taken to initiate implementation - it projects; may be said that both in practice and in accordance • Intensive fish farming; with legislation SEAs existed earlier in Russia • Installations for hydroelectric energy (USSR) in some form or other and still exist today. production; • Extracting of minerals by marine or fluvial It is common knowledge that, when designing dredging; plans for the development and location of a • Construction of harbours and port country’s forces of production, from the beginning installations, including fishing harbours, as of the 1980s national experts had to examine far as not included in annex I; various versions of such plans. 55 As part of the

55 Methodological instructions on the content, drafting procedure, negotiation, approval and amendment of 53 Protocol on Strategic Environmental Assessment to the plans for the development and location of branches of Convention on Environmental Impact Assessment in a the national economy and branches of industry and Transboundary Context. United Nations, New York and plans for the development and location of forces of Geneva. ECE/MP.EIA/2003/3. 2003. production in the economic regions and union republics . 54 Listed in the order in which they appear in the EIA Adopted by Order No. 290 of the State Planning Protocol. Ministry of the USSR dated 31 December 1981.

107 examination of the various versions a forecast had square kilometres resulting from removing to be made of possible consequent changes in the water from the north of the country and state of the environment. Then, in the light of this transferring it for use in southern areas; forecast and an evaluation of the effects of the • Justification of measures to prevent any environmental changes, any additional possible adverse impacts from the environmental protection measures or alterations to diversion of part of the river flow from the established system of such measures had to be northern to southern areas; spelled out. • Justification of permissible volumes of water abstraction from the north up to the Accordingly, virtually since the beginning of end of the century. the 1980s certain types of activity have been carried out in Russia (USSR) which would today be called Attention is drawn to one consideration strategic environmental assessments. The most relating to the justification of measures to prevent striking example of the conduct of a large-scale any possible adverse impacts of the diversion, a SEA in national water management was the body of consideration which today is one of the basic work produced on the evaluation of the various conditions for the conduct both of EIAs in a versions of plans for diversion of part of the flow of transboundary context and of SEAs. It must be a number of northern rivers, when an attempt was pointed out that under the Soviet system there was made to assess the different environmental, social, no tradition of public participation in the discussion economic and other effects both of the various or adoption of such decisions in general or of diversion options and of the various water volumes environmentally significant decisions in particular. involved. 56 This is probably the fundamental distinction between the work on the environmental In the late 1970s and early 1980s more than justification of the diversion of part of the flow of 100 scientific bodies of the USSR Academy of northern rivers and today’s international principles Sciences, the State Hydrometeorology Committee, for the conduct of SEAs. the Water and Energy Ministries, and other ministries and agencies participated in the work on As noted in the first preambular paragraph of the scientific problems of diverting part of the flow the EU Framework Water Directive, 57 water is of northern and Siberian rivers into Central Asia, different from other commercial goods and is a Kazakhstan and the Volga basin. legacy requiring protection and appropriate management. The conduct of environmental These scientific bodies were set the following assessments for the evaluation, first and foremost, tasks: of the likely adverse effects of a proposed activity • Evaluation of the likely impact of the on the environment and the formulation of proposed measures for diversion of river measures to reduce these effects is gradually flows on the climate of the USSR and becoming one of the most effective means of water neighbouring territories; resource management and protection. • Production of long-term forecasts (over several decades) of the environmental changes over an area of several million * * *

56 N. Grishin, “The problem of the territorial redistribution 57 Directive 2000/60/EC of the European Parliament and of water resources as a problem of strategic Council of 23 October 2000 establishing the bases for environmental assessment”. Expert environmental EU activities in the field of water policy. Official report and environmental impact assessment, 2001, Journal of the European Communities, L327/1, 22 December 2000.

No.3.

108 PROBLEMS OF THE USE OF INTEGRAL AND INTEGRATED APPROACHES IN THE MANAGEMENT OF TRANSBOUNDARY RIVER BASINS IN THE CIS (ON THE EXAMPLE OF THE DNIESTER)

I. TROMBITSKY

Following the break-up of the Soviet Union a In the overwhelming majority of cases such as vast number of rivers and reservoirs spread over an an approach is consistent with the agreements on enormous area acquired transboundary status, while transboundary rivers and other waters already the newly formed States, lacking experience of concluded between the newly independent States independence and the traditional responsibilities, (NIS). In most cases these agreements do not cover found themselves confronted at that moment by a whole river and its basin but only those sections countless problems of a financial, economic, social, which serve as a frontier or are directly adjacent to cultural, religious and environmental kind. In view a frontier. Very often they relate to two or more of the established practice inherited from the USSR rivers or bodies of water at once and regulate water of placing problems of environmental conservation use on those sections which are contiguous with a towards the bottom of the list of governmental frontier. The inter-State body responsible for priorities, it is not surprising that over the past 13 applyinga transboundary agreement may take the years virtually the entire CIS region has lagged far shape either of a commission or some other forum behind the other regions of the world in the of the representatives of the Governments resolution of issues connected with the concerned. In either case, commissions and determination of approaches, adoption of working groups do not as a rule include legislation, and provision of institutional support representatives of all the stakeholders and very for the sustainable use of the resources of rarely representatives of the public at large. Not a transboundary watercourses and other waters. single transboundary body of water or watercourse in the NIS region is regulated today in accordance The traditional priority of the use of the waters with an agreement ratified by the parliaments of the of the post-Soviet space is to guarantee the supply States concerned; the present degree of priority of water for industrial and household purposes, assigned to this problem may accordingly be farm irrigation, and hydroelectric power production. described as low. 59 All other uses (supporting the functioning of water and water-related ecosystems, maintaining biological and landscape diversity, fisheries, etc.) Rivers Wisely: Lessons from WWF’s work for integral are generally disregarded or considered to an river basin management”. WWF International, 2003; A. Lambert. “Economic valuation of wetlands: an absolutely insignificant degree. However, such an important component of wetland management strategies approach is far more demanding than it may appear at the river basin scale. 2003. for the economy of each of the riparian States if one www.ramsar.org/features_econ_val1.htm. adds up the values of revenues not received in full 59 Proceedings of the meeting on transboundary water from the expenditure of biological and landscape cooperation in International Lakes. UNECE, Madrid, resources when water resources are used without 26-28 November 2003. MP.WAT/2003/7. regard to environmental requirements. 58 http://www.unece.org/env/documents/2003/wat/mp.wat. 2003.7r.pdf; N. Grishin, “Legal and environmental aspects of transboundary problems”. Ecoterra, 2003.the 58 Jones T., B. Phillips and C. Williams. “Managing newly independent States. Document of the third

109 Since in the Soviet Union the water ministries management of rivers and bodies of water. The and agencies were traditionally powerful and international instruments, which set out the basic commanded very substantial budgetary resources, it principles of the sustainable management of was fairly usual practice, even in new situations, for transboundary watercourses and bodies of water, them to be entrusted with the basic coordination of have generally remained dead letters in the NIS transboundary water cooperation, without regard to region and have been applied only rarely and changed economic circumstances or to the spasmodically. functions of these ministries and agencies. However, the desire to perpetuate the existing The nature of the training received by state of affairs without making a situation analysis decision-makers must be acknowledged as quite an in order to identify the reasons for the general important reason for the lack of progress in the deterioration in the condition of a river or body of development of methods of efficient management water as a result of increased water use and for the of transboundary watercourses and other waters. As degradation of ecosystems and the decline in the a rule, managerial training at all levels has living standards of local communities and to adopt disregarded the integral environmental component and apply effective legal and institutional of the solution of environmental problems as an mechanisms for cooperation between both agencies independent component for the purposes of the and States can lead and is already leading to social adoption and implementation of the Government’s and inter-State conflicts whose consequences in programmatic instruments. On the other hand, the terms of the damage done can far exceed the cost of ecologists in the post-Soviet space are usually agreed and efficient watercourse management. 60 biologists and forestry experts who have not had On the other hand, the sooner the acknowledged very much training in economics. This is often the international instruments on sustainable water use explanation for the lightweight and to a significant and water resource management and the relevant degree primitive attitude of decision-makers to methodology are studied and applied over the vast problems of the use of the water and other expanse of the NIS region, the bigger than expected resources of rivers and bodies of water, including will be the direct and indirect impacts in the social, those which have acquired transboundary status. economic and environmental spheres.

Using the experience of groups of countries The river Dniester may be regarded as a and of regions the international community has typical example of a watercourse in the NIS region: moved far ahead in devising effective means of it is 1,352 km in length and has an annual discharge managing the whole complex of the natural of 8-10 km 3; it rises in the Ukrainian Carpathians resources of rivers and bodies of water (1992 (Lvov oblast) and flows through Moldova before Helsinki Convention and 1997 New York returning to Ukraine in its lower reaches to the west Convention, to which the Ramsar Convention of of Odessa. The river basin has an area of 72,100 1971 is closely related). Since most of the countries km 2 and is home to more than eight million people, of the NIS region are parties to the Helsinki and while over a million inhabitants of Odessa take Ramsar Conventions, there is an obvious need to their entire drinking water supply from the river. intensify and institutionalize the cooperation among Thus nature and history have created a generally the national agencies charged with the application favourable situation for even-handed cooperation of these two instruments within their countries and within the river basin, for none of the parties has an at the international level, for the situation today is interest solely in the lower or solely in the upper far from satisfactory in this respect as well. These part of the river, and the small size of the lower agencies are often dispersed and dispute-riven - a Ukrainian section is offset by the importance of its situation which complicates the harmonious role. resolution of issues of water use and basin

Conference of the Parties to the Convention on the 60 Wolf A. T., S. B. Joffe and M. Giordano, “International Protection and Use of Transboundary Watercourses and waters: identifying basins at risk”. Water Policy, 2003, Internationals lLakes Vol. 5.

110 indices approved by the Parties (art. 2). The Helsinki Convention stipulates the In pursuit of these goals the competent bodies obligation of the Parties to conclude bilateral and of the Parties have an obligation under article 3 of multilateral agreements and set up joint bodies to their Agreement to: regulate their shared watercourses (art. 9). • Ensure the appropriate technical Accordingly, while the confirmation in the maintenance of the water regulation and international law of the non-navigational uses of protection facilities and the flood transboundary watercourses of the principle of prevention installations of frontier water concluding ad hoc agreements on regulation of the systems; regimes of individual watercourses may indeed be • Conclude agreements on the operation of open to doubt, for Moldova and Ukraine such an water regulation facilities and plans for obligation stems directly from the Helsinki water protection and water management Convention, to which they are parties (Moldova measures and provide priority funding for since 1994 and Ukraine since 1999). them; • Inform each other of the implementation Moldova and Ukraine signed their of measures having an impact on the intergovernmental Agreement on the joint use and composition or properties of frontier protection of cross-border waters in 1994. This waters, give notification of accidents, and instrument establishes the principle of hold consultations on these matters; representation by Plenipotentiaries, who were • Ensure the systematic conduct of appointed by the heads of the State water hydrometeorological observations on management agencies. Pursuant to article 15 each frontier waters; Party must also appoint two deputy • Formulate joint plans for the integrated Plenipotentiaries (in Moldova they also represent use and exploitation of water resources or the water agency). The Agreement regulates water balances in the light of the quality of frontier waters, i.e. the parts of rivers and other frontier waters; surface watercourses along which the State frontier • Carry out, when necessary, water passes, and surface water and groundwater in protection and water management places crossed by the State frontier (art. 1). Thus measures; from the outset the Agreement does not use a basin • Cooperate on the design of methods and approach to each watercourse. technology for the prevention of water pollution and its harmful effects and for It does stipulate that the Parties must not the rational use of water resources; engage without prior agreement in water • Take steps to maintain reservoir levels in management applications which may result in order to guarantee optimum schedules for alteration of the state of bodies of water (their depth, drinking-water and fisheries supply and water levels, volume and water quality) or cause for maintenance of the biological diversity damage to reservoirs, fisheries, land, buildings or of ecological systems; other objects of material value or precipitate a • Assess the status of biological resources sudden change in a water regime or principal and fix catch locations and quantities for channel or give rise to difficulties in the use of a the bodies of water under the jurisdiction shared channel for navigation, or in other violations of the Contracting Parties. having similar consequences for the common interests. This applies equally to measures for The Agreement stipulates the necessity of joint protection bodies of water against pollution or for monitoring, to be achieved through the drafting and monitoring of the water, which means the adoption of a single programme of measurements prevention, limitation and control of the discharge and unified analytical techniques, together with into them, either directly or indirectly, of solid, methods of situation analysis and monitoring of liquid or gaseous substances, radionuclides or changes in water quality. In exceptional cases of energy which may impair the composition or frontier-water pollution the Parties must quality of frontier waters as determined by the immediately notify each other and take steps to

111 eliminate the source of the pollution and reduce the harm caused by the incident. Each Party must • The Agreement fails to take a basin independently prepare draft measures for the approach to the regulated watercourses, protection and economic exploitation of frontier and the work of the inter-State agencies waters in its territory and then submit them for responsible for each watercourse agreement by the other Party. (meetings of commissioners) has not made tangible progress or has achieved only The competent bodies of the Contracting agreements in principle; Parties must systematically, in accordance with • Other governmental agencies, in particular established procedures and in agreed quantities, the environment and hydroelectric power attend to the exchange of hydrometeorological data ministries, regional and local authorities, and hydrological forecasts and notify each other in and representatives of the public have not good time of the formation of ice, sharp rises in the been invited to participate with the right to level of frontier waters above the current level, and vote; the result is the absence of an the shutdown of water management installations. integrated approach and a failure to take The competent bodies must carry out agreed fishery the interests of all water users into account. protection measures on frontier waters, each in its The natural outcome of this situation is own territory (art. 12). For the purpose of that no progress has been made towards examining problems connected with the application improvement of the Dniester’s of the Agreement the Plenipotentiaries must hold environmental status over the nine years meetings, once a year as a rule; but extraordinary since the signature of the Agreement; meetings may be convened when necessary. • The decision-making structure - the annual meetings of the Plenipotentiaries and in Each Plenipotentiary must have a secretary, the intersessional periods the work of each who will have the following duties: country’s Plenipotentiary and his secretary • Preparation of documents and other (in practice all of them represent one materials for the meetings of the agency) - is ineffective, for none of these Plenipotentiaries; persons is a free agent; instead they • Reporting on and supervision of execution represent the interests of their own agency, of the work and implementation of if not of the State as a whole; decisions; • The need to consider environmental • Production of draft records of the meetings requirements and the preservation of of the Plenipotentiaries; ecosystems occupies a subsidiary position • Performance of other tasks assigned by the in the Agreement: it is barely stipulated Plenipotentiaries. and in fact almost nothing is done about it; for example, in both States poaching has Judicial disputes relating to the interpretation assumed industrial proportions and fish or application of the Agreement which cannot be resources have become more seriously resolved by the Plenipotentiaries must be submitted undermined than ever; for consideration to the competent bodies of the • There is no reflection in the Agreement of Contracting Parties (art. 18). It appears that the the need to extend protection to wetlands, existing Agreement has a number of shortcomings which perform a multitude of important which are responsible to a significant extent for the functions, including their role as providers stagnation of the efforts to make effective and of an inexpensive means of treatment of sustainable progress towards stable management of the water flowing into the sea. Both States the Dniester’s natural resources. As a minimum, the find it difficult to take decisions to extend following omissions from the text of the protection to stretches of the lower Ukrainian-Moldovan Agreement, which were by Dniester; the way permitted even after the arrival of the • The vagueness and mildness of the judicial Helsinki Agreement, must be ranked among those proceedings available if one Party fails to shortcomings: fulfil its obligations are a disincentive to

112 prosecution by the other Party. The ineffectiveness of the chosen approach, The draft Dniester convention provides for the which was apparent even by the late 1990s, and the creation of a commission as the technical body; its continuing degradation of the Dniester’s membership will consist of highly qualified experts ecosystem 61 pointed to the need, on the one hand, from the two countries and it will be empowered to to pool stakeholders’ forces in the quest for the best adopt conclusions and decisions of a possible solutions and approaches and, on the other recommendatory nature. It also provides for the hand, to improve the legal and institutional establishment of a conference of the parties, at arrangements for the management of the river’s which senior officials would be able to make the resources. The principal movers were the region’s commission’s recommendations binding, and for a scientific community and non-governmental secretariat to coordinate the work of the environmental organizations. For example, commission and the conference. Given a sensible international conferences on the topic approach and provided that account is taken of the “Environmental and economic problems of the experience of the operation of similar bodies in Dniester” 62 were held in Odessa in 1997 and 2000, Europe, these arrangements will not create a while meetings on the topic “Conservation of the bureaucracy, for all the members of the commission biological diversity of the Dniester basin” 63 were will continue to perform their duties as institution held in Chisinau in 1998 and 1999. In 1999 the or laboratory heads and in the commission they will basin’s non-governmental organizations formed the merely have an additional forum, lacking at present, International Environmental Association of River for the coordination of activities. Keepers (Eco-TIRAS). A draft convention on the conservation of landscape and biological diversity A further mechanism provided for in the draft and the rational use of the natural resources of the convention is a procedure for notification and Dniester basin was produced and submitted for consultation on planned activities which may have discussion; it takes account of the experience of a substantial impact on the status of a watercourse transboundary cooperation in the European in the territory of the other State. The inclusion of countries and other regions of the world. 64 The such a procedure in the convention will guarantee purpose of this instrument is to establish the its effectiveness, especially as it also addresses principles of basin and integrated approaches in many of the details of the notification and decision-making by all the stakeholders through the consultation arrangements which Moldova and creation of a Dniester commission and convention Ukraine are required to make under the UNECE secretariat. Convention on the Protection and Use of Transboundary Watercourses and International 61 T. Sharapanovskaya, “Ecological problems of the Rivers (1992) and the Convention on middle Dniester”. Kishinev. BIOTICA, 1999. Environmental Impact Assessment in a 62 “Environmental and economic problems of the Transboundary Context (1991). Dniester.” Papers presented at the International Scientific and Technical Seminar, Odessa, 18-19 The draft convention includes a dispute September 1997. Odessa, 1997; “Environmental and settlement procedure. As one possible option for economic problems of the Dniester.” Papers presented at the International Scientific and Technical Seminar, today it posits the institution of proceedings before Odessa, 25-28 September 2000. Odessa, 2000. the United Nations International Court of Justice by 63 “Problems of the conservation of the biological either party, following the exhaustion of all other diversity of the middle and lower Dniester.” Papers means of dispute settlement, as well as the option presented at the International Conference, Kishinev, 6-7 of unilateral submission of the dispute to arbitration. November 1998. Kishinev, BIOTICA, 1998; The draft text was analysed in detail at the “Conservation of the biological diversity of the Dniester international conference organized in Odessa by the basin.” Proceedings of the International Conference, Ukrainian non-governmental organization Kishinev, 7-9 October 1999. Kishinev, BIOTOCA, MAMA-86-Odessa and the International 1999. 64 Iu. Trombitcaia, “Transboundary cooperation of Environmental Association of River Keepers Moldova and Ukraine on the Dniester Draft (Eco-TIRAS), in which an active part was played Convention”. Journal of Environmental Law and both by representatives of the environmental Litigation, University of Oregon, 2002, Vol. 17.

113 protection agencies of Moldova, Ukraine and the thought that the international monitoring of the Trans-dniester region and by Ukrainian and situation in the region, including monitoring under Moldovan NGOs. Further work was then done on the “Environment for Europe” process and the EU the draft text by Moldova’s Environment Ministry Water Initiative should not be confined merely to before it was submitted to Ukraine for approval. the listing and reporting of the agreements concluded but should also analyse their quality and In February 2003 the President of Moldova effectiveness in the light of their compliance with issued a decree on the initiation of negotiations the principles of integrated river basin management. with Ukraine on the question of concluding the It is important to incorporate in the instruments convention. At the same time, a start was made on under preparation the provisions of the Guidelines the conservation of the wetlands of the lower for allocation and management of water for Dniester, where the proposal is to establish national maintaining the ecological functions of wetlands , parks on both sides of the river, with the possibility adopted at the eighth Conference of the Parties to of their merger into a “Lower Dniester” the Ramsar Convention (resolution VIII-1, transboundary biosphere reserve. Unfortunately, Valencia, 2002). both processes are proving difficult despite their It is also seen as useful to upgrade such evident associated benefits for the region’s instruments to the status of instruments requiring population and environment; this situation is typical ratification by the parliaments of the signatory of the whole NIS region. However, it is considered countries in order to secure due respect for them that on the whole Russia’s successful experience of and parliamentary monitoring of their application. establishing cooperation on transboundary watercourses and bodies of water is due to a Thus, it is still a long road to the practical significant degree to the transfer of the management realization of a basin and integrated approach to of water and other natural resources to the water and associated resources in the NIS region. Environment Ministry. Of course, what is needed in addition to the

revision of the institutional approach is a Such a move is not apparent in Moldova or demonstration of the political will for effective Ukraine; on the contrary, the tendency is to cooperation among all the basin States, which strengthen the positions of the water management might be facilitated by a more principled and agencies in each country. For example, in 2003 the concerned attitude on the part of international Moldovan Parliament approved an Outline of donors. What is happening in the countries along its national policy in the field of water resources borders should not be a matter of indifference to the which, while referring to the need for a basin European Union: having an existing instrument - approach and the involvement of water-user bodies the Water Framework Directive - and the necessary in decision-making, together with the need for experience it could exercise an influence on the pragmatic transboundary cooperation, still singles conduct of a distinct water policy, at least in the out the monopolization of the management of water States adjoining the EU, in order to prevent resources and the associated funding as its principal possible conflicts over transboundary watercourses. purpose. 65 Both the involvement of the public in issues of

water use and management of transboundary It should be noted that the defects of the watercourses, including through the establishment Moldovan-Ukrainian Agreement, concluded nine and consolidation of NGO basin associations, and years ago, have continued to be reproduced in the enhancement of the role and influence of local recent years in the agreements concluded among authorities and their associations must also play a the countries of the NIS region. It is therefore part as major determinants of progress. This paper was written under a project 65 Decision of the Parliament of the Republic of Moldova supported by the John D. and Catherine T. “On approval of the Outline of national policy in the MacArthur Foundation; grant No. field of water resources”, No. 325-XV dated 18 July 03-77829-000-GSS. 2003. Official Journal of the Republic of Moldova, No. 191-195, 5 September 2003. * * *

114 ISSUES OF INTERNATIONAL COOPERATION ON THE PROTECTION AND USE OF TRANSBOUNDARY WATERS IN THE WORK OF THE CIS INTER-STATE ECOLOGICAL COUNCIL

S. TIKHONOV, T. BUTYLINA AND B. MOROZOV

One of the first international instruments ecosystems 66 in the territory of the present CIS are produced by the Commonwealth of Independent connected with the use of water resources; in States (CIS) was the Agreement on cooperation in today’s circumstances the aftermath of these the field of ecology and environmental protection, disruptions may be considered in a transboundary adopted by the heads of Government of the CIS context. The first example is the construction of the member States on 8 February 1992. This Volga-Kama cascade of reservoirs, which turned Agreement led to the establishment inter alia of the the Volga into an artificial reservoir, facilitated the Inter-State Ecological Council (IEC), of which accumulation of pollutants in the bottom deposits of most of the CIS States are members. For the the reservoirs, and sharply reduced stocks of purpose of addressing the tasks assigned to it the sturgeon and other living resources. The second IEC established working groups on its basic areas example is the construction of large-scale irrigation of activity, including coordination of its works under the project to establish a proper basis cooperation with international organizations and the for the cultivation of cotton in Central Asia, which problems of water resource use and protection. caused the Aral Sea environmental disaster: the virtual elimination of the river flow into the Aral It must be pointed out that, in terms of its Sea, the creation of an extensive area in which the environmental problems, the CIS region has a surface water and groundwater are polluted with degree of uniformity, and not just as a result of its pesticides and fertilisers, and the disruption of the common history and the similar or related first natural ecosystems. causes of a number of these problems and the similarity of the approaches taken to their solution. Furthermore, the Global Environment Outlook Such problems are present in the region to a lesser produced in 2002 by the United Nations degree or to the same degree as in neighbouring Environment Programme included among the States. The CIS member States, in particular the world’s environmental problems the Russian Federation, possess up to a quarter of the over-exploitation of a large part of the resources of world’s total area of natural land ecosystems, which the its surface water and groundwater, which serve play a very important role in maintaining the as the main sources of water for irrigation of stability of the global environment. They also farmland and for public and industrial uses, as well possess up to a quarter of the world’s forested land as providing a means of disposing of wastes and and almost one half of its marshes and swamps. pollutants. As a result, an increasing number of countries are confronted with the problem of water Most of the region’s environmental problems deficits or shortages. Up to 20 per cent of the were inherited from Soviet times and they have been aggravated by processes of radical social, 66 economic and political change occurring in the era The other adverse consequences of a similar scale of the newly independent States. It is typical that include the development of virgin land, the exploitation of the oil deposits of western Siberia, and the Chernobyl two of the five most serious disruptions of natural disaster.

115 planet’s population suffers a deficit of potable of the implementation of economic projects. water and some 40 per cent live in unhealthy and Transboundary river basins are becoming unhygienic conditions, while three to five million accumulation systems for such effects. There is people die every year from diseases related to water thus an obvious interrelationship between the quality. A deficit of fresh water and a deterioration provisions of the Water Convention, the in its quality are also singled out as fundamental Environmental Impact Convention and the regional environmental problems, together with an Convention on Persistent Organic Pollutants increasing incidence of drought on the one hand (POPS), article 11 of which provides in fact for and of flooding on the other. This points to the appropriate action at the national and international necessity of widespread international cooperation levels to research and monitor POPS in the on the problems of the protection and use of water environment, and the other conventions on the resources, including the transboundary aspects. protection of natural resources. The existence of these instruments provides a specific basis in The Agreement on Cooperation between the international law for the development of the Inter-State Ecological Council (IEC) and the integral management of transboundary water United Nations Environment Programme (UNEP) , resources and river basins, international lakes and which sets out the fundamental principles of regional seas. cooperation for protection and improvement of the environment was signed as long ago as August The importance of the development of 1994. This Agreement specified the following international cooperation for the protection and matters as the basic cooperation issues: rational management of transboundary waters in the • Methodology and the legal basis of work of the IEC was confirmed by the adoption at environmental management; its tenth session in 1999 of a statement on the • Assessment of the state of the declaration of 2003 as the International Year of environment; Freshwater and on its support for the initiative of • Formulation of an integrated approach to the President of the Republic of Tajikistan proposed planning the management and use of at the fifty-fourth session of the United Nations natural resources; General Assembly. • Rational use and protection of transboundary waters. Particular attention This work was reinforced by the was given to the ecosystems of the implementation by the International Projects Centre Caspian Sea with the Volga delta and the of IEC-backed UNEP projects in this field. They Black Sea with the Danube delta. include the project “Developing a harmonized approach to environmental legislation in the CIS The IEC took steps to implement the 1991 countries”, under which proposals were made in Convention on Environmental Impact Assessment 1998-2000 for the improvement of environmental in a Transboundary Context and the 1992 protection legislation, including water legislation, Convention on the Protection and Use of and methods were agreed for incorporating an Transboundary Watercourses and International environmental component in other areas of the Lakes (the Water Convention), which had been legislation of Armenia, Belarus and the Russian drafted with the active collaboration of UNECE. It Federation. produced guidelines on the regulation and use of transboundary watercourses and bodies of water The aim of the project “Formulation of and the Agreement on the fundamental principles of proposals for improvement of the environmental cooperation on the rational use and protection of impact assessment process in the adoption of transboundary waters (adopted at the ninth session environmentally oriented decisions applicable to of the IEC in December 1998), which has entered the CIS countries” (1999-2002) was to draft into force. “Guidelines on environmental impact assessment for the CIS member States”. These Guidelines Transboundary watercourses and bodies of contain agreed recommendations on the special water are natural “canals” for spreading the effects features of the environmental impact assessment of

116 installations having a transboundary impact, bolster the coordination of international including installations located on the banks or close environmental protection cooperation within the to the banks of transboundary rivers. A study was framework of the projects and programmes being made of the transmission of pollutants by water carried out in the regions, including the ones on (river currents, sea tides, groundwater flows) and transboundary waters. changes in hydrological and hydrogeological regimes and hydrographic systems (within the It seems obvious that in the course of its affected transboundary basins). Further work was implementation the EU Water Initiative should use done on this problem, with a focus on the particular the regional experience gained by the IEC in the features of the Caspian Sea, at the seminar on organization of cooperation and in the execution by “Capacity-building and the conduct of EIAs in a the IEC member States of joint projects on the transboundary context in the Caspian Sea region” rational use and protection of transboundary waters, organized by UNEP in Moscow in November 2002. the integral management of water ecosystems, and the production of EIAs in a transboundary context. Questions of the improvement of the The CIS member States are still faced with the integrated management of the water ecosystems of important task of guaranteeing the high quality of the Volga-Caspian region through the use of stocks of drinking water and sound health and modern information technology in decision-making hygiene conditions. In this connection the are among the main components of the UNEP implementation of the Water Convention and the project “Integrated environmental management in other international agreements addressing this the Volga-Caspian region”. This project was the problem depends to a large extent on national context for the convening of a number of meetings legislation and standards on the protection and use of experts of the riparian States of the Caspian Sea, of water resources. the conduct of specific case studies in the region, the drafting of agreed proposals and In the context of this paper it is considered recommendations on the use of geo-information appropriate inter alia: systems and remote-sensing data to improve the • To study the special features of the EIA management of the marine and coastal ecosystems procedure in its application to the of the Volga-Caspian region, and the production of transboundary basins of the CIS region other documents. and to prepare corresponding

recommendations (on the basis of the Pursuant to decisions XII and XIII of the IEC Environmental Impact Convention); sessions held in Yerevan in 2001 and St Petersburg • To analyse the application in 2002 an international conference entitled “Thirty (implementation experience) of the years with UNEP: results and prospects” was held provisions of the principal global and in Moscow in December 2002. The purpose of this regional environmental protection meeting was to discuss the results of international conventions in the transboundary basins of cooperation and determine common approaches to the CIS region and to draft proposals for the development of international environmental improving the legal basis of the integral protection cooperation among the IEC member management of the waters in question; States in the light of the decisions of the World • And - in the longer term - to examine these Summit on Sustainable Development held in problems in the context of the Johannesburg in 2002 and in the context of the interrelationship between transboundary preparations for the European conference of basins and regional seas such as the Baltic, environment ministers held in Kiev in 2003. The Black and Caspian seas. Moscow conference recommended that the CIS member States should support the European The conduct of the proposed research and East-West environmental partnership for discussions under the aegis of UNECE, with the sustainable development and the EU Water support of the CIS Inter-State Environmental Initiative adopted at the World Summit on Council and with appropriate international Sustainable Development. It also noted the need to cooperation, would facilitate the formulation of an

117 effective legal basis for the integrated management implementation of water resource projects of the of the region’s transboundary water resources and European East-West environmental partnership for ecosystems within the context of the sustainable development.

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