On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Management and Operation of the joint integrated hydroelectric complex Dostyk on the Khorgos River

The Law of the Republic of Kazakhstan dated November 20, 2014 No. 255-V SAM

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the management and operation of the joint integrated hydroelectric complex Dostyk on the Khorgos River, signed in Astana on September 7, 2013.

     President of the Republic of Kazakhstan N. Nazarbayev

Entered into force on January 7, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 1, art. 6)

  Agreement between the Government of the Republic of Kazakhstan and By the Government of the People's Republic of China on the management and operation of a joint integrated hydroelectric power plant Dostyk on the Khorgos River

     The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter referred to as the Parties, in order to further develop and strengthen friendly and good-neighborly relations between the States; based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on Cooperation in the Use and Protection of Transboundary Rivers dated September 12, 2001; considering the long-term friendly cooperation of the Parties in areas of transboundary rivers;       Recognizing the social, economic and environmental value of the joint integrated Dostyk hydroelectric complex on the Khorgos River (hereinafter referred to as the joint integrated hydroelectric complex); attaching great importance to the equitable and rational management of the joint integrated hydroelectric complex and ensuring its reliability and safety, agreed as follows:

  Article 1

     1. The Parties recognize that the joint integrated hydroelectric power plant is the common property of two States owning equal shares.       The joint integrated hydroelectric plant includes:        1) regulated inlet and outlet channels; 2) dams with discharge and flushing openings; 3) curved channels with inlet and outlet locks; 4) main channel head locks; 5) control rooms with automation, electrical equipment and monitoring devices;         6) access roads to a 200-meter-long joint waterworks on the territory of each of the Parties.        2. The interface of the joint integrated hydroelectric power plant is the docking line running along its axis. Both sides of the axis of the joint integrated hydroelectric complex are the control areas of each of the Parties.       3. To ensure the ecological condition of the lower reaches of the Khorgos River, the flow rate of the minimum ecological allowance should be at least 1.7 cubic meters per second.

  Article 2

     1. In order to implement the provisions of this Agreement, the authorized bodies (hereinafter referred to as the authorized bodies) of the States of the Parties are:       On the Kazakh Side - the Committee on Water Resources of the Ministry of Environmental Protection of the Republic of Kazakhstan; on the Chinese Side - the Xinjiang Industrial and Construction Building of the People's Republic of China.       2. The authorized bodies of the States of the Parties determine the organizations responsible for the joint management and operation of their part of the joint integrated hydroelectric complex (hereinafter referred to as responsible organizations), which are:       from the Kazakh Side - the Republican State enterprise on the right of economic management "Kazvodkhoz" of the Committee on Water Resources of the Ministry of Environmental Protection of the Republic of Kazakhstan;       On the Chinese Side is the Irrigation Department of the 4th Agricultural Division of the Xinjiang Industrial and Construction Corps of the People's Republic of China.       3. The authorized bodies of the States of the Parties shall carry out general coordination of the activities of responsible organizations for the operation and management of the joint integrated hydroelectric complex.       Responsible organizations ensure the operation and control of the technical condition of the joint integrated hydroelectric complex.       4. In the event of a change in the names and functions of authorized bodies and responsible organizations, the Parties shall promptly notify each other through diplomatic channels.

  Article 3

     1. Management and operation of the joint integrated hydroelectric complex include:       ensuring the operational reliability and safety of the joint integrated hydroelectric complex; compliance with the established principles of regulating water volumes and environmental discharge; ensuring flood control.       2. The procedure for the management and operation of a joint integrated hydroelectric power plant is regulated in the Rules for the Operation of the joint integrated hydroelectric power plant Dostyk on the Khorgos River, which are approved by the authorized bodies of the States of the Parties by agreement.

  Article 4

     1. In order to ensure the safe operation of the joint integrated hydroelectric complex, a Kazakh-Chinese joint service for the operation of the joint integrated hydroelectric complex (hereinafter referred to as the joint operation service) is being established.       2. The Joint Operation Service operates on an ongoing basis and consists of employees of responsible organizations on a parity basis. 3. The responsible organizations of the Parties hold their meetings alternately in the territory of the State of each of the Parties. The frequency of meetings is determined by the responsible organizations. Extraordinary meetings of responsible organizations may be held on the initiative of one of the Parties. Decisions taken at meetings of responsible organizations are recorded in minutes.       4. The Operation Service ensures the operational reliability and safety of the joint integrated waterworks, the conditions for water intake by any Party at the waterworks in equal parts of the total water consumption in the Khorgos riverbed at that time, as well as compliance with the established volumes of ecological discharge and flood control.

  Article 5

       1. The Parties undertake to ensure the maintenance of engineering equipment and structures in proper condition, as well as to prevent any actions that interfere with the safety and normal operation of the joint integrated hydroelectric complex in their part.         2. The Parties shall carry out planned and unplanned repair work on their part of the joint integrated hydroelectric complex after notifying the other Party.        3. Neither Party has the right to change the parameters, standards and operational regime of a joint integrated hydroelectric complex by carrying out work on its reconstruction, expansion, repair and strengthening without the consent of the other Party.       4. The Party shall notify the other Party at least 10 calendar days in advance of the engineering works carried out to prevent flooding and flooding of the adjacent river territories, as well as the washing away of the coastline. These works should not affect the stability of the coastline.

  Article 6

     Each Party independently allocates financial resources for the management and operation of the joint integrated hydroelectric complex, including staff maintenance, current and major repairs, restoration or reconstruction.       The Parties shall bear the corresponding expenses within the limits of the funds provided for by the national legislation of the States of the Parties.

  Article 7

     1. The simplified procedure for crossing the state border and carrying out joint work within a joint integrated hydroelectric complex by representatives of authorized bodies, responsible organizations, joint operational services and supervisory authorities of the States of the Parties shall be carried out in coordination with the border representatives of the States of the Parties.       2. The management and operation of the joint integrated hydroelectric complex must comply with the provisions of the existing international treaties between the Republic of Kazakhstan and the People's Republic of China and the national legislation on the State Border of the States of the Parties.

  Article 8

     Any disputes and disagreements regarding the interpretation or application of the provisions of this Agreement shall be resolved by the Parties through consultations and negotiations.

  Article 9

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized in separate protocols.

  Article 10

     This Agreement shall enter into force on the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force.       This Agreement is concluded for an indefinite period and remains in force until the expiration of 6 (six) months from the date of receipt through diplomatic channels by one of the Parties of a written notification by the other Party of its intention to terminate it.

     Done in Astana on September 7, 2013, in two originals, each in the Kazakh, Chinese, Russian and English languages, all texts being equally authentic.

     In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the English text.

            For the Government For the Government of the Republic of Kazakhstan of the People's Republic of China

     RCPI's note!       The following is the text of the Agreement in Chinese and English.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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