3 Bilateral contacts and exchange of view

3.1 Chinese approach to the problem

The position of China on the cross-border rivers issues is caused, first of all, by plans of transformation of Xingjiang into regional trade center in Central Asia with further distribution of influence on the Middle Asia.

Besides, in China there are plans of settling ethnic Chinese (Han) to Xinjiang. Active natural reproduction of this area will lead to the essential growth of its population. Respectively, it will demand for increase of agricultural, industrial capacity of the region, also its water. Meanwhile, Xinjiang Uyghur Autonomous Region is the region of China which is least provided with water resources. Xinjiang possesses water resources in only 26,3 cubic kilometers a year that allows to provide with water only 18 million people. But already now the population of the area makes about 20 million people with a potential of further growth. There are a lot of empty areas, in particular the Tarim hollow near Kashgar. In this area water costs of 0,39 yuans for cubic meter.

Thus, the position of China on the cross-border rivers closely depends on a situation in Xinjiang Uyghur Autonomous Region. In this course, actually, also there are actions of the People's Republic of China for use of the cross-border rivers.

So, as we have mentioned before, the construction plans are implemented. In the People's Republic of China, besides, for the last 15 years Black Irtysh-Karamay and Irtysh-Urumqi channels are constructed. On the first channel the considerable drain of the river Black Irtysh to the lake Ulyungur will be thrown. From this lake water then will go to the industrial enterprises of the Karamay oil basin , for drinking and industrial water supply, and also for an irrigation of agricultural crops in this area.

The second channel is directed to provide with water the Tarim basin.

It should be noted that these two channels were under construction taking into account that the admission of water on them can be brought to 6,3 cubic km. waters in a year. Besides, now China intensively starts mastering 13 reservoirs and 59 hydropower stations operating in the river Ili. All this will be directed not only toincrease cultivated areas whichare planned to reach about 600 thousand hectares in 2015, but also on the building of industrial facilities which are planned to finish.

Thus, the People's Republic of China fully plans to use a drain of the rivers Black Irtysh and Ili. Thereby China isn't adjusted to the fastest solution of this problem and, that is why the Chinese party suggests to deal with the use and protection of the cross-border rivers on the interdepartmental level. It is also necessary to note that China can take a forcible position on use and protection of the cross-border rivers as he isn't the participant of the Convention on the right of non-navigable types of use of the international water currents (1997) and Conventions on protection and use of cross-border water currents and the international lakes (1992).

First of all, China did not sign on any international legal instrument on transboundary rivers. “The United  Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997) clearly states:  “Watercourse States shall participate in the use, development and protection of an international watercourse in an equitable and reasonable manner. Such participation includes both the right to use the watercourse and the duty to cooperate in the protection and development ...” (Article 5). It also says “Watercourse States shall, in utilizing an international watercourse in their territories, take all appropriate measures to prevent the causing of significant  harm to other watercourse States”. Where significant harm nevertheless is caused to another watercourse State, “...to discuss the question of compensation” (Article 7)”. No signature of China on any of international legal instrument on transboundary water makes it difficult for Kazakhstan to have sufficient data on water use from Chinese part. Another problem which arises from here is that Kazakhstan cannot predict future projects or any  ideas on transboundary waters of China and cannot make Chinese responsible for it. 

Second, China insists on bilateral negotiations in resolving water issues. In turn, asthe long-standing practice, bilateral negotiations with China did not give any meaningful results. China seeks to exclude from the trilateral negotiations with Russia and Kazakhstan (or Russia, Kazakhstan and Kyrgyzstan) on the issue of cross-border rivers. Given Russia's interest in solving the problems of shared water resources of the Irtysh, the Kazakh side has repeatedly expressed about the involvement of Russia and, if possible, of Kyrgyzstan as well, to the negotiations with China for the development of joint actions on the issue. However, the Chinese leadership has consistently held the impossibility of discussing the problem of transboundary rivers in the trilateral format. Russian experts also emphasize that China is reluctant to discuss the problems of the Irtysh River in a trilateral format, or under SCO. 

Third, it is no secret that China announced a large-scale development of western China. China completed the construction of Black Irtysh-Karamay channel in Xinjiang Uighur Autonomous Region without Kazakhstan’s consent. Water from the upper part of the Irtysh is used in the area of oil field near the city of Karamay. It is also planned to increase irrigation projects for the Ili River. In addition to this, there are also plans of significantly increasing the sown area of agricultural crops, mostly for grain and cotton in Xinjiang. “In Xinjiang, close to 96% of the water is used for agriculture. In the world, this is the highest share. This structure has already caused the destruction of the freshwater ecosystem. In some lower reaches of rivers, there is no longer any water. Some wetlands and lakes have degraded. Officials and farmers complained they were suffering from the most severe drought in 50 years and called for more water to be diverted from neighbouring Kazakhstan” wrote Jonathan  Watts in his article about water crisis in Xinjiang. As you see Western China will need more and more water in the future. Projects developing the western regions of China include the construction of canals, reservoirs, dams, hydropower and other hydraulic structures. These plans are of concern to China, Russia and Kazakhstan – Kazakhstan being in the worst position. According to estimates, the implementation of these projects will lead to environmental disaster in Eastern and Central Kazakhstan.  And finally, the last reason why Kazakhstan is in the unprivileged position is the internal problems within the state itself. At the talks, the Chinese side has always represented an experienced team of experts with expertise in water issues, as well as in law and diplomacy. In addition, the Chinese government has unlimited funds to the delegations which are going to the joint action within the Commission. On the other hand, in Kazakhstan, there has been an acute shortage of young skilled workers, including those on water management in the last two decades. It leaves room for broader discussions within the state