On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the use of Water Management Facilities for Interstate Use on the Chu and Talas Rivers

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the use of Water Management Facilities for Interstate Use on the Chu and Talas Rivers

Law of the Republic of Kazakhstan dated March 7, 2002 No. 301

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the Use of Interstate water facilities on the Chu and Talas Rivers, signed in Astana on January 21, 2000.

President of the Republic of Kazakhstan

 Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the use of interstate water management facilities on the Chu and Talas Rivers

(Entered into force on April 16, 2002 - Bulletin of International Treaties of the Republic of Kazakhstan, 2002, No. 6, art. 48)

The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties, guided by the Agreement on the Creation of a Single Economic Space between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan signed in Cholpon-Ata on April 30, 1994; recognizing the social, economic and environmental value of water resources; Attaching great importance to mutually beneficial cooperation in the use of water resources and ensuring the reliability and safety of operation of water facilities for interstate use; having a common desire to find the most perfect and fair solution in the effective use of water facilities in accordance with generally recognized norms of international law in the field of water resources; proceeding from the principles of good neighborliness, equality, mutual assistance; agreed as follows:  

Article 1 The Parties recognize that the use of water resources, operation and maintenance of water facilities for interstate use should be aimed at achieving mutual benefit on a fair and reasonable basis.

Article 2

The Parties refer to the following water management facilities owned by the Kyrgyz Republic as water management facilities for interstate use: Orto-Tokoy reservoir on the Chu River; bypass Chuya reinforced concrete channels on the Chu River from Bystrovskaya HPP to Tokmok; Western and Eastern Bolshoy Chuya channels with structures; Chumyshsky hydroelectric complex on the Chu River; Kirov reservoir on the Talas River.  

Article 3 The owner Party, which owns water facilities for interstate use, has the right to compensation by the User Party of these facilities for the necessary expenses to ensure their safe and reliable operation.  

Article 4 The Parties shall participate in the reimbursement of the costs of operation, maintenance of water facilities for interstate use and other coordinated actions in proportion to the volume of water received.

 Article 5 In order to ensure the safe and reliable operation of water management facilities for interstate use, the Parties will establish permanent commissions that will establish the operating mode and determine the amount of necessary costs for their operation and maintenance.  

Article 6 The Parties annually provide for the allocation of the necessary funds for the operation and maintenance of water facilities for interstate use.  

Article 7 The Parties undertake to implement joint measures to protect water management facilities for interstate use and territories located in their zone of influence from the adverse effects of floods, mudflows and other natural phenomena.  

Article 8 In case of emergency situations at water facilities of interstate use caused by unexpected natural phenomena or technical reasons, the Parties should immediately notify each other and take joint actions to prevent, mitigate and eliminate their consequences.

 Article 9 In order to promptly and effectively carry out repair and restoration work at water facilities for interstate use, the Parties recognize the need to use each other's construction, repair, maintenance and industrial facilities.  

Article 10 The parties agreed to jointly carry out research and design and survey work on the efficient use of water resources and water management facilities.  

Article 11 The Parties shall create conditions for the unhindered and duty-free movement of personnel, machinery and mechanisms, raw materials, and materials intended for the operation and maintenance of interstate water facilities across the borders and territories of their States.

 Article 12 In case of disputes or disagreements between the Parties related to the interpretation or application of this Agreement, the Parties will resolve them through negotiations and consultations.  

Article 13 With the consent of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols and are an integral part of it.

 Article 14 This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures provided for by their national legislation. This Agreement is concluded for 5 years and will be automatically extended for the next five years, unless either Party notifies the other Party in writing six months before the expiration of the relevant period of its intention to terminate it. Done in Astana, January 21, 2000 in two original copies, each in Kazakh, Kyrgyz and Russian, with all texts having the same validity.

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

For the Government For the Government of the Republic of Kazakhstan Of the Kyrgyz Republic

(Experts: Umbetova A.M., Martina N.A.)

President

Republic of Kazakhstan

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