Developing the Transboundary Waters of Afghanistan

Infrastructure Working GroupUnited States Embassy2 March 2010

Margaret J. Vick, JSDSenior Water Rights AdvisorUSAID/IRD

The views expressed are my own and do not reflect official positions of USAID, IRD or the GIRoA

Why a presentation on Transboundary?

Issue: Most watercourses in Afghanistan are

shared with neighboring States Development to meet the needs of

Afghanistan without creating conflict with the neighboring states

Goals and Challenges

Goal: Regional development to optimize the benefits

from the water resources for all States Avoid zero sum games

Challenges: Afghanistan is the later developing upstream

state Downstream states have developed using the

watercourses that originate in Afghanistan Water is a security issue for downstream states The last developments are left to address

environmental and ecological issues

Principles of LawInternational Watercourses

Customary international law: Equitable and reasonable utilization Prevention of significant harm Prior notification of planned measures

which may have a significant adverse effect on other states

Foundation Sovereign equality of States Regular exchange of data and

information

Helmand Treaty

1973 Treaty with Iran Volumetric allocation to Iran in “normal water years”

Average of 22m3/sec plus 4m3/sec as good will

“Afghanistan shall take no action to make the water …totally unsuitable for agriculture or to cause it to be polluted …”that it remains harmful for domestic use after treatment with modern techniques.

“Afghanistan retains all rights to the balance of the water of the Helmand River and may make such use or disposition of the water as it chooses.”

“Iran shall make no claim to the water of the Helmand River in excess of the amounts specified in this Treaty…”

Helmand Issues

“Noise” that treaty not ratified GIRoA Ministry of Foreign Affairs

confirms ratification Iran using more than allocation Groundwater not covered in Treaty

Extensive pumping by Iran Gages, joint structures need

evaluation

Helmand Moving Forward

Joint commission (GIRoA and Iran) meets quarterly

Commission addresses development issues

Notices may be given through the Commission

Harirud/ Murghab

Wide fluctuations in water availability

Water storage infrastructure needed to supply Herat region

Downstream “Friendship Dam” on Harirud on the border between Iran and Turkmenistan Taliban government sent objections

because of plans to develop upstream

Amu Darya Basin

On-going dialog with northern neighbors Small projects Bank stabilization

Development issues Flood control (bank stabilization) Hydropower Tributary development: water supply,

irrigation, hydropower

Amu Darya: Political issues

• Regional stability• Water and energy issues among former

Soviet states• Loss of Afghan land to avulsion

• UN Regional Center for Preventive Diplomacy for Central Asia• Workshop and meetings on

transboundary water issues• May or June 2010

Kabul Basin

Needs: Kabul water supply Hydropower Mining Limited irrigation expansion

May create downstream benefits: Flood control Releases for expanded irrigation

Not aware of any current discussions with Pakistan

Capacity Building

Transboundary consultations currently taking place in most basins MV is not privy to discussions

o “Transboundary Waters of Afghanistan” course completed 18 Feb 19 Participants from 5 different Ministries H.E. Deputy Minister Ziaie, Minister Ismail Khan

and officials from Ministry of Foreign Affairs

Additional Capacity Building

UNESCO and/or World Bank teams to conduct water negotiations workshop Part of AWARD program for World Bank Formal request to be sent to UNAMA

One or two day seminar for individuals designated by Ministries

GIRoA Policies and Procedures

Class participants plus others meeting weekly to develop Transboundary Policies

Develop formal procedures for inter-Ministry coordination

Develop procedures for notification to affected States

Agenda item for SCWAM in late March or April

Summary

Afghanistan needs carry-over storage of water to manage the seasonal and climatic fluctuations in supply

The major watercourses are shared with the neighboring states who have more extensive development

The principles of international law support equitable development within Afghanistan

Current situation:Equitable balance is tipped in favor of neighboring States

Equitable Balance: Requires Development in Afghanistan