1. Developing the Transboundary Waters of Afghanistan Infrastructure Working Group United States Embassy 2 March 2010 Margaret J. Vick, JSD Senior Water Rights Advisor USAID/IRD The views expressed are my own and do not reflect official positions of USAID, IRD or the GIRoA

2. 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

4. 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

5. Principles of Law International 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

7. Helmand Treaty  1973 Treaty with Iran Volumetric allocation to Iran in “normal water years”  Average of 22m 3/ sec plus 4m 3/ 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…”

8. 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

9. Helmand Moving Forward  Joint commission (GIRoA and Iran) meets quarterly  Commission addresses development issues  Notices may be given through the Commission

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

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

19. Equitable Balance: Requires Development in Afghanistan