The Law of the Kyrgyz Republic
On Inter-State Use of Water Objects, Water Resources and Water Economy Constructions in the KR
Approved by the Legislative Assembly
JK of the KR 29 June 2001
Water Resources of Kyrgyzstan are its national wealth.
The present law shall identify principles and main directions of the state policy of the KR on interstate use of water objects, water resources and water economy constructions of the KR.
Article 1. The Main Objectives of the Law
The main objectives of the present law shall be as follows:
- conservation, protection and development of the water fund of the KR that is one of the main sources of water supply for Central Asia countries
- regulation of principles of the KR water resource provision to interested independent states on the reasonable and self-profitable base taking into account market economic relations.
Article 2. Legislation of the KR on use of water objects, water resources and water economy constructions of the KR
Relations in the field of use of water objects, water resources and water economy constructions of the KR shall be regulated by the Constitution of the KR, the present law and other legal and normative acts of the KR.
If other rules then those that are contained in the legislation of the KR are established by the international agreement the participant of which is the KR then the rules of international agreement shall be used
Article 3. The main principles of cooperation in the sphere of water relations
International water policy of the KR is regulated by the above-mentioned legal acts (article 2), the present Law and international agreements and contracts KR participates in. Implementing state policy in the field of river water resource that are formed at the territory of the Kyrgyz Republic and flow to another countries and conducting negotiations on water problems the Kyrgyz Republic shall be adhered to the following principles and provisions:
· Recognition of state property rights for water objects, water resources and water economy constructions within its territory;
· Recognition of water as a type of natural resources that has its economic value within all competitive types of use and it’s a commodity;
· Chargeable water use within international water relations
· Implementation of international use of water resources of the KR on the bases of bilateral or multilateral agreements and contracts concluded by the interested states and ratified in accordance with legal norms of negotiated parties;
· Agreements and contracts on use of water objects, water resources and water economy constructions in the Kyrgyz Republic have to take into account the achievements of mutual economic benefit on equitable and reasonable base;
· Issues of water delivery, regulation of river flow, chargeable water use and distribution of income from use of water resources in the Kyrgyz Republic shall be the subject of inter-state agreements and contracts;
· The order and size of mutual settlements within chargeable water use shall be established on the base of norms and methods agreed by the parties taking into account the level of world prices and consumers’ demand for water resources;
· The Kyrgyz Republic implementing regulation of flow of its rivers and water supply to states that shall be water users, shall have the right for its share on recovery of costs and damage connected with construction, reconstruction and maintenance of water economy objects of international importance and also protection and development of water fund;
· Mutual responsibility of the parties for protection of water resources from pollution and depletion that cause damage to environment, health and safety of population, economy of Kyrgyzstan;
· Free market relations with foreign counterparts within implementation of water economy agreements and projects;
· Development, agreement, investments and joint implementation of programs and projects on complex use and protection of water resources, water objects and adjoining lands taking into account the needs of hydro power, communal, fishery and forestry economy, protection and reproduction of water flora and fauna, industry, extraction of natural resources and construction materials, exclude possible dangerous tailings constructed near river-beds, etc.
· Coordination of development and introduction of technical means and technology that provide rational use of water resources;
· Coordination and investing of scientific-research, experimental construction and technological working out on creation and introduction of means of mechanization, automatization, computers, equipment and tools for provision of water economy systems and facilities;
· Implementation of works connected with exchange of information, monitoring of water objects and environment.
Article 4. Inter-state bodies on regulation of water relations
In order to prepare proposals on planning, invest and coordination of joint programs and projects in the sphere of water resources, temporary joint committees could be established on the base mutual agreement of the parties.
Article 5. Financing of joint water economy programs and projects
Financing of joint water economy programs and projects with participation of related and other interested countries may be implemented on the base of parity and royalty financial participation of the countries. Conditions of inter-state agreements and contracts may take into account other forms of financing of water economy programs and projects paying attention to mutual interest.
Article 6. Mutual settlements in the sphere of inter-state water relations
The order of mutual settlements and payments within implementation of joint water economy programs and projects is identified by the conditions of agreements and contracts concluded by the Kyrgyz Republic with other countries.
Article 7. Regulation of inter-state water disputes
Disputes on water problems between the Kyrgyz Republic and other countries are regulated by the way of consultations and negotiations of authorized representatives and experts of the interested parties.
In order to come to compromise decisions on water disputes, temporary conciliation commissions could be established on parity base with participation of independent experts, if another is not identified by bilateral or multilateral agreements on water issues.
If the states that are participants of water disputes fail to settle disputes by consultations and negotiations then the issue could be placed for consideration of heads of the governments.
Article 8. Protection of water economy objects that have inter-state strategic importance
To provide security of Central Asia region the biggest water economy objects of the Kyrgyz Republic that have inter-country strategic importance – Toktogul, Kurpsai, Tash-Kumyr, Shamaldy-Sai hydro-enegy constructions, Kirov, Ortotokoi, Papan water reservoirs, Cumysh dam, Great Chui Canal and other irrigation constructions of the KR of inter-state strategic importance – shall be specially protected by the Kyrgyz Republic on the share recovery by the states that use those water economy constructions.
Article 9. The order of entering the law into force
The present law enters into force after its official publication. The Government shall fix normative and legal acts of the President of the Kyrgyz Republic, Government of the Kyrgyz Republic and local self-governing bodies in accordance with the present law.
A. Akaev
President of the KR
Bishkek, Government House
July 23, 2001
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Translated by NS, KLRP, 2001-07-30