DRAFT
REPUBLIC OF ARMENIA LAW
ON FUNDAMENTAL PROVISIONS OF THE NATIONAL WATER POLICY
CHAPTER 1.
GENERAL PROVISIONS
Article 1. Purpose of the Law
The purpose of this Law is to assure that water resources of adequate quantity and quality are available now and in the future to meet welfare, Republic’s socio-economic development, ecological and economic needs.
Article 2. Subject of the Law Regulation
This Law is to define the fundamental provisions of the National Water Policy in the following directions evolving from Article 15 of the Water Code of the Republic of Armenia:
1) Sustainable Water Resources Management;
2) Water resources use and protection priorities;
3) Accounting and assessment of water resources;
4) Formation of Water Resources Demand;
5) Relations pertaining to water basin management.
Article 3. Legislation on the Fundamental Provisions of the National Water Policy
The Constitution of the Republic of Armenia, international contracts of the Republic of Armenia, the Water Code of the Republic of Armenia, this Law, other laws and legal acts served a basis for the Law on Fundamental Provisions of the National Water Policy.
If international contracts ratified by the Republic of Armenia establish norms other than those that are provided by this Law, the norms of international contracts shall apply.
Article 4. Terms Used in this Law
Terms used in this Law have the following meaning:
Sustainable Water Resources Management: is to provide water for meeting present and future basic human needs, ensuring the enhancement of human welfare and maintenance of aquatic ecosystems, without endangering the National Water Reserve.
Transparent and Participatory Water Resources Management: Management of water resources and water systems in a way thatprovides for an open and visible to all segments of the society decision making process and allows for their participation in that process.
Basic Human Needs: Quantity and quality of water required to meet primary human needs for drinking, food preparation (cooking), hygiene, and sanitation.
Risk Management: Coordinated policy, procedure and action implementation targeted at regulating issues related to risk identification, analysis, assessment, observation and reversibility.
Aquifer: A layer saturated with water. An aquifer is generated out of a mono-element or multi-element lithologic structure.
Article 5. Objectives of the Law
The Objectives of this Law are to:
1)Ensure conducting preliminary water resources assessment, including implementation of water resources availability assessment, defining National Water Reserve characteristics, generating water resources demand.
2)Ensure identifying water resources use priority directions.
3)Ensure basis for developing water basin management principles, including: Water Basin Management Planning, and fundamental preparation of the National Water Program.
Article 6. National Water Policy Principles
Other than the principles defined by the Water Code of the Republic of Armenia, sustainable water resources management shall be provided by applying the following principles:
1) Scientific justification of Sustainable Water Resources Management,
2)Provision of availability of water of required quantity and quality to meet basic needs of the socially unsecured groups,
3)Assuring application of risk management,
4)Assuring application of “supply generates demand” principle,
5)Exercising the right of freely obtaining information within the scope of a procedure established by law,
6)Efficient management of water resources and water systems by applying water pricing criteria, other regulatory and incentive criteria established by the Water Code of the Republic of Armenia,
7)Conducting water resources management by applying integrated assessment of the environmental, cultural, social and economic values,
8)Protection and rehabilitation of LakeSevan as of social, economic and environmental values and natural heritage,
9)Storage and conveyance of water resources free flow through the construction of water storage reservoirs and dams,
10)Assuring international cooperation in the area of sustainable management of water resources, including trans-boundary watercourses,
11)Assuring gradually a 24-hour supply of water corresponding to the quality norms and standards defined by legal acts,
12)Maintaining sanitary and hygienic norms in the process of water resources and water systems management shall be phased carried out based on appropriate water use site,
13)Assuring ecological balance of the environment,
14)Assuring water resources management through “user pays”, “polluter pays” principles and cost recovery approach,
15)Managing water resources and water systems in a transparent and participatory manner, as well as assuring gender policy principles, notifying/informing public on management related issues and providing a possibility to public to participate in this process,
16)Promotion of human and technological scientific capacities in the area of water resources management and communication of respective information,
17)Assuring allocation, re-allocation and pricing of water resources based on relative abundance of water resources at the water basin level, as well as use and non-use values of water resources,
18)Targeting of fees collected as a result of water resources use, and disposal of harmful substances and compounds to the water basin at activities supporting sustainable water resources management, including, assuring an appropriate financial basis for implementation of the National Water Program and handling current environmental problems in the sector.
19)Application of management models to display individual approach in the process of Water Resources Management,
20)Continuous completion and improvement of data system of the State Water Cadastre for Water Resources and Water Systems,
21)Managing, using and protecting of trans-boundary water resources and watercourses in the following directions:
a)Compliance of trans-boundary water resources quality with the international standards,
b)Compliance of trans-boundary water resources quantity with the volumes of environmental flows as defined by the National Water Program,
c)Access to the information on trans-boundary water resources quality and quantity, as well as trans-boundary water systems for the neighboring countries.
Article 7. The Principles of Developing a National Water Program
1.The National Water Program shall present annually a detailed proposed national water resources and water systems management agenda, for the subsequent three (3) fiscal year period, including project descriptions, costs and benefits, and their distribution.
2.The National Water Program shall propose annually an estimated national water resources and water systems management agenda, for the fourth (4th), fifth (5th) and sixth (6) subsequent fiscal year periods, including estimated project descriptions, costs and benefits, and their distribution.
3.The National Water Program shall propose estimated short-term, medium-term and long-term water resources and water systems (up to 5, 10, and 15 years) management agenda, which include all foreseeable water resources and water systems management actions needed by the Republic of Armenia.
4.There shall be an annual presentation on implementation of the National Water Program, containing a legally submitted report on:
a) Progress and results of implementing the Program during the previous year;
b) Management and operational strategies for continuing the implementation of the National Water Program; and
c) Suggestions for commencing new National Water Program components, as well as proposed revisions to the Program.
CHAPTER 2.
WATER RESOURCES ASSESSMENT
Article 8. Water Resources Assessment
The Water Resources Assessment shall be conducted by complete inventory of all surface and ground water resource, quality, quantity, form and distribution in accordance with the requirements of the Water Code of the Republic of Armenia and implementing regulations.
The Water Resources Assessment shall be conducted on a periodical basis, at least once per year.
An assessment could be also conducted at the request of the Government of the Republic of Armenia or a Water User in a procedure established by the Government of the Republic of Armenia.
A water resource assessment on individual water basins and aquatic ecosystems shall be conducted within the complete inventory context, the results of which shall be summarized within the complete inventory of water resources of the Republic of Armenia.
The assessment shall report on surface water resources, including:
1) The quantity based on available gauging data:
a) Precipitation intensity, duration, and location of gauging stations (name and/or number, and geographical coordinates.)
b) Estimated water volume, considering the kind of water resource (stream, lake, snow pack, etc.) and location of the water resource (gauging station name and/or number, and geographical coordinates).
2) The quality, based on the sampling points data:
a) Physical, chemical and biological standard parameters of water;
b) Water resource classification in terms of target use, including, drinking, domestic, irrigation, fish farming, etc.
The assessment shall report on ground water resources, including:
1) The quantity by available aquifer data listed below:
a) Aquifer length, width and depth;
b) Estimated water resources volume (reserve);
c) Estimated sustainable yield of ground water resource;
d) Aquifer characteristics, such as, in special cases of , and location (name and/or number of gauging station, and geographical coordinates).
2) The quality based on available sampling points data:
a) Physical, chemical, biological and hydrological indicators of groundwater;
b) Ground water classification based on target use, including, drinking, irrigation, mineral, technical, etc.
The data provided for in this Article shall be integrated in the State Water Cadastre in a procedure established by the Water Code of the Republic of Armenia and implementing regulations.
The National Water Reserve shall be defined for individual water resource and water basin by quantity, quality, and location.
The National Water Reserve of the Republic of Armenia shall be the aggregate of water reserve for each water resource and river basin in the Republic.
The National Water Reserve shall be changed, and the water not estimated in the National Water Reserve shall be used in a procedure established by legislation of the Republic of Armenia.
CHAPTER 3
WATER RESOURCES DEMAND
Article 9. Procedure for Assessing and Generating a Water Resources Demand
1.The State Authorized Body for Water Resources Management and Protection shall conduct an estimate of the demand in usable water of the Republic of Armenia by quantity, quality and location, in a procedure established by the Water Code of the Republic of Armenia and implementing regulations based on “supply generates demand” principle.
2.All water users by sectoral and community water use demand must submit information on demand assessment established by the Republic of Armenia law to the State Authorized Body for Water Resources Management and Protection.
3.Current and future demand estimates shall contain:
(a)Current demand estimates,
(b)Demand projections for five (5), ten (10) and fifteen (15) years into the future.
4.The water resources demand definition shall be conducted by the National Water Program provided for by Water Code of the Republic of Armenia.
Article 10. Components of the Water Resources Demand Assessment
1.The water resources demand assessment shall include but not limited to the following water uses (quantity and quality):
a) Residential (domestic);
b) Agricultural;
c) Industrial;
d) Fish farming;
e) Recreation
f) Power generation;
(1) Hydropower;
(2) Thermal;
-Thermoelectric power stations;
-Central, local boiler plants;
(3) Power generation and cooling; nuclear power plants;
g) Trans-boundary water resources;
h) Storage of water resources.
2. The demand reported in this assessment shall include:
a) Water quantity, intake and discharge, by volume;
b) Water quality, intake and discharge, by:
(1)Standard parameters of physical, chemical and biological quality;
(2)Field evaluation by classification .
c)Location of water withdrawal: Marz, city, town, village, individual.
d) Observations on extractions, pollutions (point and non point) leakage into water, erosion, and sedimentation;
e)General information about the availability, condition and distribution of the Republic of Armenia’s usable water resources.
CHAPTER 5.
WATER RESOURCES USE AND PROTECTION PRIORITIES
Article 11. Water Resources Use and Protection Priorities
1.With the purpose of sustainable water resources management and protection, water allocation among water users based on the results generated from total supply assessment shall be carried out by priority directions, in the following order:
1)National Water Reserve; use and protection of renewable water resources of the adequate quantity and quality required to meet basic human needs, reduce and prevent water borne diseases, and sustain aquatic ecosystems,
2)Traditional; historic, non extractive use of water within a natural stream bed;
3)Water resources use according to the Legislation and International Contracts of the Republic of Armenia,
The following priorities shall apply in general when determining maximum benefits for the public interest:
4)Domestic; water to satisfy all other domestic water needs above and beyond the basic human needs;
5) Agricultural; water for irrigation, watering of pastures, animal husbandry and other non-industrialized activities;
6) For hydropower, thermal power generation, cooling systems of nuclear turbines, central and local boiler plants;
7) Industrial; water for production facilities;
8) Recreational use; water for amateur fisheries, swimming, boating, and aesthetic enjoyment;
9) Local, regional and national development; water for the future;
10) Drought control; means to minimize flood and drought damages.
2.Water allocation among users aims to maximize the total (economic, social and environmental) value of the water resource both in cases of its use and non-use.
3.No water allocation could take place if such allocation causes any damage to the National Water Reserve.
Article 12. Emergency Related Considerations
1.In the event of water resources availability emergencies, the water use curtailment shall be conducted in the order reverse of that of water use and protection priorities as established by items 4 through 10 of part 1 of Article 11 of this Law.
2.In the event of water resources availabilities emergency associated with the change of water resources quantity and/or quality, the users shall be switched to provision of water resources of lesser, but still useful quality from alternative sources.
CHAPTER 5.
WATER BASIN MANAGEMENT
Article 13. Strategic Water Resources Management
1. Establishing and developing Water Basin Management is the basis of the strategy for water resources management in the Republic of Armenia with the purpose of Integrated Water Resources Management.
2. The Water Basin Management Plans designed by the Water Basin Management Bodies for a given WaterBasin shall include the following items:
a)Mapping data,
b)Data on issued Water Use Permits,
c)Data on aquatic and riparian ecosystems,
d)Data on Hydrotechnical Structures,
e)Data on water withdrawal from natural water resources and wastewater discharged,
f)List of activities prohibited or somehow restricted within the area.
3.The Water Basin Management Plans shall be designed as guided by the priorities established by this Law, by the National Water Program, taking into account characteristics of a given WaterBasin.
4.While designing Water Basin Management Plans public participation shall be ensured by means of arranging public hearings and discussions, and communicating respective information through mass media.
CHAPTER 6.
CLOSING PROVISIONS
Article 14. Closing Provisions
This Law shall become effective three months after official publication.
Annex
PRELIMINARY WATER RESOURCES ASSESSMENT
There are 9480 small and medium rivers in Armenia of 23000 km length, including 14 rivers exceeding the length of 35 km, and 379 rivers exceeding the length of 10 km. Total average annual flow is 6250 m3, including 3029 m3 originating from springs and ground water. Renewable surface water resources excluding LakeSevan amount to 7190 million m3.
The Republic of Armenia annually uses 940 million m3 from the transboundary rivers of Araks and Akhuryan.
An annual assessment of ground water amounts to 4017 million m3, including 1595 million m3 originated as springs, and 1434 m3 discharged to rivers and lakes. Ground water inflow amounts to 1193 million m3, and outflow – 1068 m3. Total annual flow of mineral waters amounts to 22 million m3, including 8.8 million m3 of high quality. The 15000 m3 is annually used for bottling, and the 25000 m3 – for medical purposes. Actually 0.05% of the total annual flow is being used.
There are 74 water storage reservoirs constructed with a total capacity of 988 million m3. 400 million m3 could be additionally stored within existing 10 incomplete water storage reservoirs.
Armenia’s Average Water Balance
Inflow / OutflowComponent / Million m3/year / Component / Million m3/year
Precipitation / 17600 / Evaporation / 11475
River inflow / River outflow
Transboundary rivers / 940 / Armenia’s river flow / 6250
Trans-boundary rivers / 940
Ground water inflow / 1193 / Ground water outflow / 1068
Total: / 19733 / Total: / 19733
Water Resources Demand
Within the recent ten years Armenia’s total water withdrawal amounted to 1800-2200 million m3, including 1200-1600 million m3 used for irrigation purposes, 250-350 million m3 – for drinking and domestic, and around 180-250 million m3 – for industrial purposes.
Water Resources Quality
Around 400-450 million m3 of water is annually discharged to open water basins in the Republic of Armenia. The wastewaters in Armenia are basically undergoing mechanical treatment at present. The content of suspended solids in the Republic’s natural water basins is above the allowable limits.
Due to the absence of wastewater’s biological treatment in the Republic there is also high organic pollution in natural water basins.
The bacterial research proves that the water quality in the rivers and lakes fails to comply with the drinking water quality standards.
The content of heavy metals, nitrates and nitrites, pesticides and other chemical compounds in the first-class open water basins is basically within the limits of allowable norms.
In overall the Republic of Armenia’s surface water quality is mainly satisfactory. The self-purification ability of the rivers is pretty high.
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