Presidential Decree “On foundations of foreign policy of the Kyrgyz Republic in the Field of Use of Water Resources of Rivers Having their Source of the Territory of Kyrgyzstan and Flowing to the Territory of Neighbouring States”

Decree of the President of the Kyrghyz Republic 00 foundations of foreign policy of the Kyrghyz Republic in the Field of Use of Water Resources of Rivers Having their Source on the Territory or Kyrgbyzstan and Flowing to the Territory ofNeigbbouring RepUblics. Naryn, Chatkal, Talas, Sarydjaz, Aksai and other rivers having their source in Kyrghyzstan compose the main part of natural resources of the Republic and they are considered as anational property. The rivers are ofgrate economic, social and ecological importance for the Republic of Kazakhstan, China PeoplesRepublic, Tadjikistan and Uzbekistan located down stream of theserivers. Paying great attention to the settlement of problems of joint water use, the Heads of the above Republics in Application of May 6, 1996 recognised the necessity to speedup the development of a new water distribution strategy and economic management levers in preservation and use of water and power resources. The importance of efficient operation ofwater objects of inter-state importance particular by means of fonnation of international consortiums and attraction ofboth foreign and local investments, has been emphasised in the Decision made by the above states participants of the Agreement on Establishment of Single Economic Environment of July 24, 1997. Settlement of these problems is possible on the basis of fair consideration of interests both ofthe KyrghyzRepublic and other interested countries by consequent negotiating and reaching corresponding inter-stateagreements based on peculiarities ofwater use for each riverhaving its source on the territory of the Kyrghyz Republic and flowing outside. Considering the political and practical importance of successful settlement of this issue and following the provisions ofPoint 3, Article 42 of the Constitution of the Kyrghyz Republic, I hereby state: t In implementation of state policy in the field of use of natural river resources having theirsource inKyrghyzstan and flowing outside as wellas when conducting inter-state negotiations on these issues, one shall proceed from the principles and provisions as follows: • Agreements on use of river water resources shall be aimed at achieving mutualbenefit on transparent and fairbasis; • The Kyrghyz Republic proceeds from the fact that every state enjoys the right to use water resources within the boundaries of its territory with the object of gaining maximum benefit. Issue of water delivery, regulation of river flow and payment for water use or distribution of profit gained at the result ofriverwater resources use are subject to inter-statenegotiations. • The Kyrghyz Republic regulating flow and delivery of water to a down stream state enjoys the right to have compensation of expenditures on construction, reconstruction and operation of water reservoirs and other hydrorechnical object ofinter-state importance; • One of the key provisions to be reflected in the international agreement shaD be a mutual obligation of parties to control, prevent and eliminate pollution ofriver that can affect environment, health and security ofpeople. • The Kyrghyz Republic attaches great attention to collaboration of contiguous states in settlement of issues on survey, recording, preservation and rational use of river water resources. For that purpose. joint commissions and other interim and permanent bodies shall be established. 2. The Government ofthe Kyrghyz Republic shall: proceed to drafting and submitting of changes and amendments to the Water Law ofthe Kyrghyz Republic for consideration to JogorkuKenesh 3. To charge the Department of Local Self-Government and Agrarian Policy of Presidential Administration of the Kyrghyz Republic with the control over the execution ofthis Decree. President ofthe Kyrghyz Republic A Akaev Bishkek 6 October 1997