Agreement Between the Government of the Polish People's Republic and the Government of the Union of Soviet Socialist Republics Concerning the Use of Water Resources in Frontier Waters
Signed at Warsaw, 17 July 1964; in force, 16 February 1965
The Government of the Polish People's Republic and the Government of the Union of Soviet Socialist Republics,
Desiring to regulate matters relating to the use of water resources in frontier waters in a spirit of friendship and fraternal co-operation,
The Contracting Parties shall co-operate closely in matters relating to the use of water resources in frontier waters, along the entire Polish-Soviet State frontier.
For the purposes of this Agreement, the term "frontier waters" means:
(1) the surface waters referred to in article 12, paragraph 1, of the Treaty between the Government of the Polish People's Republic and the Government of the Union of Soviet Socialist Republics concerning the regime of the Polish-Soviet State frontier and co-operation and mutual assistance in frontier matters, signed in Moscow on 15 February 1961, hereinafter referred to as the Treaty of 15 February 1961;
(2) other surface waters intersected by the State frontier,
(3) ground waters intersected by the State frontier.
The purpose of this Agreement is to ensure co-operation, between the Contracting Parties in economic, scientific and technical activities relating to the use of water resources in frontier waters, including in particular:
(1) the regulation of frontier waters and the construction of hydraulic structures with a view to the integrated utilization of water resources;
(2) the regulation of flood waters and drifting ice and the regulation of low water,
(3) the construction of dikes, polders and water-discharge channels;
(4) reclamation and the provision of water for agriculture;
(5) the provision of water for the general population, industry and other users;
(6) the augmentation of frontier water resources through the diversion of water from other basins, and the diversion of frontier waters into other basins;
(7) the protection of surface and ground waters against depletion and pollution;
(8) the joint utilization of hydraulic structures and installations and their maintenance in proper technical condition;
(9) the study of frontier waters for the purpose of determining their quantity and quality;
(10) hydro-meteorological measurements and observation and the exchange of information in this regard;
(11) the adjustment of matters relating to the construction of bridges and communications installations;
(12) the protection of watercourses and the areas adjacent to them against erosion by water.
For the purposes of this Agreement:
(1) "Reclamation" means the drainage and irrigation of land through the regulation of water outflow and inflow, the construction and maintenance of fish-ponds, and the regulation of small rivers;
(2) "The protection of waters against pollution" means protection against the introduction into the waters, directly or indirectly, of solid, liquid or gaseous substances and heat in such quantities as may cause physical, chemical and biological changes which limit or prevent the normal utilization of the said waters for communal, industrial, agricultural, fishery or other purposes.
The Contracting Parties shall co-ordinate all activities capable of causing changes in the existing situation with regard to the use of water resources in frontier waters.
The Contracting Parties shall consult each other in formulating measures and co-ordinate their plans for the development of water use in frontier waters and shall assist each other in executing the said plans; they shall also exchange experience and information in that regard.
The Contracting Parties shall, in particular, co-operate and exchange experience with regard to:
(1) the designing and production of apparatus and equipment required in connexion with the use of water resources;
(2) the preparation of norms, standards and standardized designs for structures required in connexion with the use of water resources and the construction and operation of such structures;
(3) the training of staff required in connexion with the use of water resources.
(1) The Contracting Parties shall establish principles of co-operation governing the regular exchange of hydrological, hydrometeorological and hydrogeological information and forecasts relating to frontier waters and shall determine the scope, programmes and methods of carrying out measurements and observation and of processing their results and also the places and times at which the work is to be done.
(2) The Contracting Parties shall take coordinated action with a view to the elimination or reduction of danger resulting from floods, drifting ice and other natural phenomena and shall determine the manner in which costs connected with the execution of joint works are to be met.
(1) Neither Contracting Party shall, save by agreement with the other Contracting Party, carry out any works in frontier waters which may affect the use of water resources by the latter Contracting Party.
(2) All work in frontier waters relating to the regulation of rivers, the installation of new hydraulic equipment, and the renovition of existing hydraulic equipment, as well as the maintenance, and operation of such equipment, shall be carried out by each of the Contracting Parties on the basis agreed upon by the two Parties.
(3) Pre-design work and subsequent designs for systems or structures in frontier waters shall be submitted to the other Contracting Party for approval.
(4) The removal and discharge of water from frontier waters and the discharge of sewage and other water into frontier waters shall require approval in each case by the Contracting Parties.
(5) The conditions governing the construction and operation of joint hydraulic installations for purposes of the use of water resources by the Contracting Parties shall be determined by means of separate agreements.
The Contracting Parties shall jointly conduct measurements with regard to the pollution of frontier waters and shall work out common standards and norms of water purity and, if necessary, establish procedures for controlling pollution.
The Contracting Parties shall endeavour to keep frontier waters clean, shall employ appropriate procedures for suitably purifying sewage and rendering it harmless, and shall not discharge any sewage which may cause harmful pollution of frontier waters.
(1) For purposes of the implementation of this Agreement, each Contracting Party shall appoint a government Plenipotentiary on matters relating to the use of water resources in frontier waters, hereinafter referred to as the Plenipotentiary, and his Deputies. The number of Deputies shall be determined by each Contracting Party. The names of the Plenipotentiaries and their Deputies shall, following each appointment, be communicated to the other Contracting Party through the diplomatic channel.
(2) In addition to the functions arising out of this Agreement, the Plenipotentiaries shall, in close co-operation with the Frontier Commissioners of the Polish People's Republic and the Union of Soviet Socialist Republics, ensure the performance of such tasks relating to the use of water resources in frontier waters as arise out of the Treaty of 15 February 1961.
(1) The Plenipotentiaries or their Deputies shall, where necessary, hold discussions alternately in the territory of each Contracting Party.
(2) Meetings shall be convened and presided over by the Plenipotentiary of the Contracting Party in whose territory the discussions are held or by his Deputy.
(3) The Plenipotentiaries or their Deputies may establish mixed Polish-Soviet working groups to consider particular problems and may call in experts to take part in the discussions.