NIGERIAN WATER RESOURCES POLICY AND LAW.
A NEED FOR GLOBAL COMPLIANCE.
There have been proactive global reforms in the entire global water sector in the last decade. Reforms in policy formulation, law and regulation, technical aspects etc. This trend had been become inevitable with the reoccurring water crisis worldwide. “ Water is vital for the life and health of people and ecosystems and a basic requirement for the development of countries around the world, women, men and children lack access to adequate water and safe water to meet their basic needs” 1. ‘It has been reported that about 500 million persons in over 29 countries face water shortage.’’2 “Then over a billion persons worldwide do not have access to safe drinking water and sanitation.”3 In Africa and particularly Nigeria, the entire water sector law has undergone little growth in the last decade and is in dire need of structural reforms to become aligned with contemporary modern global trends. The purpose of this article is to evaluate current Nigerian policies and law on water resources and suggest expected improvement in compliance with current global water reforms.
The word water is defined by the English dictionary as “a liquid without colour, smell or taste that falls as rain, is found in lakes, rivers, seas, and is used for drinking, washing, etc” 4. The compound water is very essential to the existence of life on earth. Water is called H20 in scientific terms. It is made up of oxygen and hydrogen. We know that livings things all breathe oxygen to be able to stay alive. 70% per cent of the entire mass on earth is made of water, leaving land and air to make up the remaining 30%. It is the only liquid on earth that exists in three separate forms namely liquid, gas, and solid matter (ice). The importance and significance of water to all living things are multifarious and multifaceted.
Water has several significances such as:
1. It can be used for basic human needs such as drinking, cooking, washing, bathing etc.
2. It can be used for domestic sanitation, cleaning, hygiene, disposal of waste products etc.
3. Water acts as the main source of life for aquatic life systems such as toads, fishes, etc.
4. Water acts a source of transportation providing the carriage of persons, goods by boats,
ships, cargo, acting as an important component of admiralty and maritime activities etc.
5. Water provides the necessary component for agriculture and food security such as rain,
irrigations and various farming methods.
6. Water regulates the climatic weather patterns of the earth as in rain, temperature, winds
by complex global water cycles such as of El Nino and el Nina.
7. Water is used to generate different levels of energy such as electricity and hydrological
energy by the establishment of Dams etc.
8. Water provides ecological sanitation by cleaning the environment, recycling and balancing
9. Water has health and nutritional benefits by cleansing the human body and can actually
reduce the threat of several diseases such as diabetes.
10. Water provides a balance in the wind and air structure on earth by providing oxygen,
hydrogen thereby sustaining life on earth.
11. Water has various uses in different religions. It’s used in some religions for cleansing, in
others for prayers.
12. Water creates an ecological balance on earth by balancing its spread through rivers,
tributaries, river basins, lakes etc.
13. Water is a natural resource that can commercialized to provide employment, services and
generate profit for several countries and multinational companies etc.
14. Water acts a repository of mineral resources that can be tapped and commercialized
such as oil, mineral resources etc.
15. Water has recreational benefits such including several water sports such as diving
swimming, and boat cruising etc.
16. Water in large volumes constitutes a tourist attraction and money spinner whereby ocean
fronts and beaches can be used to generate money and employ persons.
(B) NIGERIAN LAWS GOVERNING THE WATER SECTOR.
1. Constitution of the Federal Republic of Nigeria 1999
Section 20 Chapter 11 of the Constitution of the Federal Republic of Nigeria 1999 provides that “The state shall protect and improve the environment and safe guard the water, air, land, forest and wild life in Nigeria”.5 Under the second schedule, part 1, item 64 of the same constitution, the Federal Government of Nigeria has exclusive jurisdiction on primary water matters from sources affecting more than one state as maybe declared by the National Assembly. The same constitution grants exclusive legislative powers to the Federal Government of Nigeria such as fishing in rivers and lakes in item 29, maritime shipping and navigation in item 36 all of part 1, second schedule of the 1999 Nigerian Constitution. Therefore, the sourcing, production, supply and distribution of water other than those stated above falls under the concurrent legislative list under part 11 of the 1999 Constitution. Each federating state is permitted by the Constitution to legislate on water matters as it affects such state. Besides the Constitution of the Federal Republic of Nigeria, there are several federal and state laws that regulate the supply and usage on water in Nigeria as water is a complex and multifarious compound.
2. The Water Resources Act 1993.
Besides the Constitution of the Federal Republic of Nigeria, the next primary law regulating water is the “Water Resources Act 101 OF 1993.”6 This law vest on the Federal Government of Nigeria through the Federal Ministry of Water Resources, the rights to regulate, develop, and license all water operators in Nigeria. This includes planning, development, and usage of Nigeria’s water resources, ensuring quality, quantity, distribution, use and management of water, ensuring application of appropriate standards and techniques for investigation, use control, protection, management and administration of water resources, facilitating technical assistance and rehabilitation for water supplies etc.
The Water Act gives the Minister for Water Resources very wide powers on water regulation such as to issue licences of water, storage, pumping or use of commercial scale or construction, maintenance, operation, repair of any borehole or hydraulic works etc. The Minister may also define places from which water may be taken or used, fix times of actual anticipated shortage of water, amount of water which may be taken to by any person, prohibit temporarily or permanently, taking or use of water that is hazardous to health, revoke the right to use water where such right overrides public interest, require to be examined or license any drilling operations, regulate, place, depth, manner of construction of borehole or well. The Minister in the discharge of his duties is to make provision for adequate supply of suitable water for animals, irrigation, agriculture, domestic and non domestic use, generation of hydro electrical energy, navigation and recreation, drainage, safe disposal of sewage, prevention from pollution, prevention from flooding, soil erosion, reclamation of land, protection of the environment etc.
Besides these wide powers, all dams in Nigeria are under the control, development, maintenance and supervision of the Federal Ministry of Water Resources. They include the Kainji Dam, the Lake Chad Dam etc. These very wide powers have often constrained all other water resources agencies including the National Assembly from exercising control and regulation over the water sector in Nigeria.
3. The National Water Resource Institute Act.
This Act provides for the establishment of the water resources training institute for the promotion, development of training programme and courses in water resources and advise Government on water resources training needs etc. The institute is currently located in Kaduna, Nigeria.7
4. River Basins Development Authorities Act.
This Act establishes and regulates all river basin authorities in Nigeria. The Act lists their functions as agriculture, irrigation, fisheries, forestry and veterinary institute. The Act also establishes the 12 river basin authorities as: Anambra- Imo River Basin Authority, Benin-Owena River Basin Authority, Chad River Basin Authority, Cross-River River Basin Authority, Hadeija-Jamaare River Basin Authority, Lower Benue River Basin Authority, Upper Benue, Upper Niger River Basin Authority, Lower Niger River Basin Authority, Niger-Delta River Basin Authority, Ogun-Oshun River Basin Authority, Sokoto-Rima River Basin Authority. These twelve River basin authorities are under the Federal Ministry of Agriculture. 8.
5. National Inland Waterways Authority Act.
This Act provides for the establishment of National Inland Waterways Authority with responsibility to improve and develop inland waterways in Nigeria for navigation. Its functions include provide regulation for inland navigation, develop infrastructure, undertake dredging of water ways, hydrological and hydrographic survey, design ferry routes, operate ferry services, issue licences for local ships, collect river tolls etc. Hence, all inland waterway courses are managed by this authority. The agency is under the Federal Ministry of Transportation. 9.
6. The Various State Water Board Acts.
All states in Nigeria has State Water Board Acts which establishes a state water board in each state to manage, supervise, control the use, consumption, maintenance of water and its ancillaries. State Water Boards report directly to the Governors of each state.
7. The Navigable Waters Act.
This Act declares certain federal waterways navigable and provides for their construction, alteration, management and maintenance of these waterways. 10.
8. National Shipping Policy Act.
The Act establishes the National Maritime Authority to co-ordinate and implement Nigeria’s shipping policies and all other matters incidental thereto. 11.
9. The Nigerian Ports Authority Act.
The Act establishes the Nigerian Ports Authority for the purpose of managing and controlling Nigerian ports and harbour undertakings of the Federal Government of Nigeria. 12.
10. The Nigerian Shippers Act.
The Act provides for the establishment of a Nigerian Shippers Council to provide a forum for the protection of the interest of shippers in matters affecting shipment of imports and exports to and from Nigeria and advice the Federal Government on all sundry matters. 13.
11. The National Resources Conservation Council Act.
The Act provides for the establishment of a National Resources Conservation Council Act responsible for the conservation of natural resources of Nigeria and to formulate national policy for national resources conservation including water resources. 14.
12. The Merchant Shipping Act.
This Act provides for consolidation and amendment of laws relating to merchant shipping and other matters related thereto. 15.
13. The Mines and Minerals Act No.34 of 1999.
The Acts provides vest all ownerships of minerals in, under or upon any land in Nigeria including its territorial waters and exclusive economic zone on the Federal Government of Nigeria. However, all mineral operators are to obtain licences from the Federal Ministry of Mines and Power. Section 68 of the 1999 Act states that no person shall or permit any other person to make, without permission of the Minister, any alteration in water supply so as to prejudicially affect the water supply of other persons. Section 72 of the 1999 Act provides that the Minister may grant a lessee or grantee every person a water license under the terms that the minister deems fit. 16.
14. The Electricity Act.
This Act provides for the regulation and control of electrical installations and the generation, supply and use of electricity in Nigeria including hydrological dams and installations. 17.
15. The National Agency for Food and Drug Administration and Control Act (NAFDAC) Act.
Under this Act, NAFDAC regulates the production, distribution and consumption of bottled waters in Nigeria by virtue of the Bottled Water Registration Regulations 1996 LN 18, the Bottled Water Advertisement Regulations 1995 LN 17, and the Bottled Water Labeling Regulations 1996 LN 8. Bottled water includes any water in bottle or cellophane water popularly called pure water. 18.
16. The Federal Environmental Protection Agency Act.
Under this Act, no federal, state, local Government or any authority can perform any acts or duty or functions which may affect the environment without carrying out an environmental impact assessment including water projects. The FEPA has also made several regulations to regulate the environment National Environmental protection management of waste resources Regulations 1991. 19.
17. The Petroleum Act.
The Act provides for the exploration of petroleum from territorial waters and continental shelf of Nigeria and vests the ownership of all on and off shore revenue derivable on the Federal Government of Nigeria. 20.
18. Oil in Navigable Waters Act.
The Act provides for the implementation of the international convention for prevention of pollution of the sea by oil and provides for remedies against such pollution. 21.
(C) CURRENT PROBLEMS FACING THE WATER SECTOR IN NIGERIA.
Water is the most common ingredient on earth, but somewhat, it is not so common. ‘It has been stated earlier that about 500 million persons in over 29 countries face water shortage.’’22 “Then over a billion persons worldwide do not have access to safe drinking water and sanitation.”23 The problems facing the Nigerian water sector are multi dimensional involving political, social, technical, legal, regulatory problems. They include:
1. Lack of basic water needs.
This includes non availability of regular and adequate water supplies, water security, quality, fluoridation and hygiene of water, sanitation needs, urban/rural water scarcity, etc.
2. Development of water infrastructure.
Nigeria has 37 water corporation boards and 12 river basin authorities with several of our water agencies using obsolete water equipments such as pipes, pumps etc. This has been largely due to poor investments by Government and private sector organizations in the water sector in the last ten years in Nigeria compared to other sectors such as oil and gas, energy, housing etc.
3. Human management of water resources.
The issue of poor human management of water resources is another problem facing the Nigerian water sector. This includes inadequate technical know how, management expertise and relevance to the sector.
4. Water Policy and law.
The Federal and State Governments in Nigeria control all water laws, rules, regulation in Nigeria. There is still no clear Government policy in liberalizing the water sector and encouraging private sector participation. This Government monopoly makes competition and anti trust policies impossible to implement. Then several of the Government agencies in the water sector perform their functions independently with little or no interfacing with other relevant agencies in the same sector.
5. Inadequate funding of water projects.
The problem of funding is a global bane on the development of the water sector and it is not restricted to only Nigeria. However, the Nigeria situation is deplorable considering the high level of poverty, inadequate Government funding, and weak private participation. However, several international organizations have often funded water projects in Nigeria such as the World Bank, the European Economic Community (EEC), IMF, UNDP, international NGOS such as Water Aid have all granted Nigeria several hundred of millions of dollars for water development and supply. There is little or low participation of private sector participation in the disbursement of these water funds.
6. The non maximization of the socio economic advantages of water.
Easy transportation is one of the socio economic benefits of water transportation as remains the cheapest and safest mode of transportation in the worldwide. Several of our cities are congested with very busy roads, with a comatose railway system and unsafe airspace, Nigeria deserves several water transportation companies to ferry persons and goods safely to their destinations at very low rates. There is the issue of the need for maximum development of our water resources for tourism resorts.
Water still remains the cheapest and safest form of electricity via the technology of hydrological dams and the conversion of water energy into electricity. The constant power outage in Nigeria militating against industrial growth has been blamed largely on the inadequateness of water in our water dams such as the Kainji and Shiroro water dams.
6. Water Security and Disaster management.
There is still no combined water security outfit in Nigeria. Instead we have in place various Government agencies performing complimentary roles in the manning of the nation’s waters.
There is also no identifiable disaster management agency responsible for managing disasters such as floods, drought etc. Then there is still large non compliance with international water security and safety conventions as recommended by the International Maritime Organization etc.
7. Water Pollution and Sanitation issues.
Nigeria waters still remains one of the most polluted on the globe. The condition of external Nigerian external waters is squalid. Considering the significance of water in the global environmental cycle on the climate, the consequences of polluted water is a polluted environment. Water remains one the most important factors on the climate of the earth. Global temperature, rain, air, winds are determined by the various complex interactive water cycles on earth.El-Nino and El-Nina global water cycles are responsible for balancing the temperature of earth. Salination of ocean water balances the temperature of water itself by creating a constant temperature. Since water is habitat to millions of living species such as fishes, amphibians, water plants, it follows that healthy and safe water results in a healthy and safe environment while environmental pollution is the consequences of water pollution.
Nigeria has been facing the problems with water quality and standards for the last twenty years. Water is used for domestic sanitation such as drinking, body metabolism, bathing, washing etc. In addition, water provides ecological sanitation benefits to the environment by cleansing dirt, recycling waste products, soil erosions, redistributing mineral resources through water flows, drainages, water falls etc. These balances eventually result in creating balances in eco systems and assisting living species to survive their environmental distortions.
7. Transboundary disputes.
There are several transboundary water courses in Nigeria such the River Niger, River Benue and Lake Chad resulting in bitter transboundary disputes between Nigeria and its neighbouring countries. There have been proactive efforts by the Federal Government of Nigeria to resolve these disputes amicably.
8. Dispute Resolution.
All water related disputes are resolved by basic resolution process and procedure such as court litigation, arbitration and mediation. Lack of water law specialists, non involvement of lawyers in water related contracts, non compliance to contract terms have all increased the potentials of water disputes in Nigeria.
D. GLOBAL COMPLAINCE FOR NIGERIAN WATER POLICY AND LAW.
1. Capacity Building.
There are several other factors hindering the growth and development of Nigerian water companies such as finance, technology, manpower, expertise, etc. There will be a need to build institutional capacities for Nigerian water companies through new deliberate water policy and laws. It will solve the problems of lack of basic water needs, infrastructural problems, improved human management of water resources through regular training courses, cooperation with experts in other countries etc. Several water companies in Nigeria are small and medium size companies. Large water projects in Nigeria are contracted to foreign companies such as RCC, Gilmoor, SCC, Sarplast, CGC etc. The largest water companies globally earn billions of dollars from water operations annually. Vivendi makes an annual turnover of over $48 Billion dollars with an operating profit of nearly $3 Billion annually and has a staff strength of 290, 000. Vivendi Environment (subsidiary of Vivendi) earns over $24 Billion annually with an operating profit of nearly $2 Billion and has a staff strength of over 200, 000. ONDEO owned by Suez earns over $8 Billion and has an operating profit of about $3.5 Billion annually with a staff strength of over 17, 000. There is a need for a deliberate policy to develop Nigerian water companies to compete with international standards through consolidation of existing companies, empowerment, assistance etc.
2. Proper Regulation of the water sector.
There need to be proper regulation of the Water sector by reducing the powers of the Minister of water affairs and establishing a Federal or National Water Regulatory Commission as regulation of the entire water sector is beyond a single office. The purposes of this Commission will be multifarious. The proposed Commission will be to regulate all water matters in Nigeria subject to the approval of the Minister. Such regulation will include making bye laws for the water sector, coordinating the functions of all state and local government water boards, registering and regulating all private water agencies in Nigeria, advising the Minister as to current issues on water matters, educating the public on the need to provide adequate drinking water and other values of water, creating checks and balances in the water sector etc.
3. Modernization of all water laws in Nigeria.
“It has been said that one important factor is overlooked and under utilized in the formulation of global response to water reforms, which is water law.”24. The basis of water law formulation should be water rearranged in line with recent global water standards such as supply, clarification of the role of Government and local communities, water tariffs, operations, maintenance, water utilization, quality, water resources development policy etc. Till date, several stakeholders have no understanding of international water law. There is a need to amend certain Nigerian water laws in conformity with standard international water standards.
There are several new international laws, conventions, treaties which makes the provision and availability of water a basic human right to all mankind. These international conventions should be domesticated into the gamut of Nigeria water laws. They include the Ministerial Declaration of The Hague on Water Security in the 21st Century conducted by the United Nations under the auspices of the World Water forum and held in The Hague at Netherlands on 22nd March 2000, the International round table on Tran boundary water management held under the auspices of the World Bank in Berlin, Germany on 27th September 1998, the third world water forum held in Kyoto, Japan in 2003 called the Kyoto declaration.
4. Privatization of the Water Sector.
Over the last 200 years, the provision of water was viewed as a public service and not a market commodity. Until recently, just 5% of the world water services are run by private companies. But with the privatization programme of the World Bank, water is destined to become one of the biggest businesses in the 21st century by encouraging private sector participation. Globally, countries are beginning to privatize the water sector with successes recorded in Britain where ten regional water authorities (RWA) were privatized in 1988 to Suez, Vivendi, RWE, Yorkshire Water etc. Also in South Africa where Bi-water, a British water firm was given concession to provide water services, in Argentina and Philippines where Suez was granted licenses to provide water services and in Bolivia where Bechtel Corporation was granted concession to provide water services. 25.
Privatization will encompass unbundling or deregulation, regulation, private participation, competition and eventually improved services at reduced prices of services. Privatization will ensure private participation in the sector, it has also increase employment, improved water supply, better expertise and improved infrastructure in water services to millions of citizens of these countries. The Bureau for Public Enterprises should formulate a national water law policy which can be used as a model to privatize Nigerian public water corporations and involve private participation in water management.
5. Adequate Funding of Water Projects.
The Government should increase funding for water projects nationwide. Fortunately, several international organizations have often funded water projects in Nigeria such as the World Bank, the European Economic Community (EEC), IMF, UNDP, international NGOS such as Water Aid. There should proper control and supervision of these funds. Private funding for water projects through Nigerian bank loans and international credit agencies should also be encouraged.
6. The maximization of the socio economic advantages of water.
Proper water policy will enhance water transportation as it is still the cheapest and safest worldwide. It will also enhance other socio economic benefits of water such as improved electricity via the technology of hydrological dams and the conversion of water energy into electricity. Besides land and crops, water remains the most fundamental component of agriculture ensuring the provision of adequate food supplies and generating millions of jobs in generating millions of dollars in revenue annually and creating thousand of jobs for Nigerians.
7. Water Security and Disaster management.
There is an urgent need for the domestication and incorporation of international water laws and conventions on water security and disaster management. They include the International Maritime Organization Facilitation Convention, port security and control, hazardous and dangerous goods as in Hazardous Substance Code, safety requirements such as safety of life at sea (SOLAS), Search and Rescue Convention (SARS), International Safety Management codes (ISM), maritime pollution, standard training, certification of personnel and ports, load lines convention, safe containers, tonnage, collision regulation, London Convention, Oil pollution Convention, integrated port safety, health and environmental protection systems etc. Already a national facilitation committee has been set up to incorporate these laws into Nigerian laws made up of the staff of Federal Ministry of Transport, Nigerian Maritime Authority, Nigerian Ports Authority, Immigrations, Customs, security agencies, ship owners, shipping agents, etc.
Then there is need to formulate a national policy for management of recurrent water related disasters in Nigeria such as floods, droughts, desertification, fires etc. The Federal Fire Service should be immediately privatized for better efficiency by involving private sector management.
8. Water Pollution and Sanitation.
There are national pollution laws governing the pollution of the environment such as the Federal Environmental Protection Agency Act. But with the recent international declarations and conventions, there is need to incorporate these conventions into Nigeria law. The Kyoto Declaration of 2003 that required all industrial countries to regulate their industrial emissions to protect the environment and ozone layer should be domesticated in Nigeria.
On water sanitation standards and quality, the National Agency for Food and Drug Administration and Control Act (NAFDAC) and the Standards Organization of Nigeria has both ensuring that consumed water in Nigeria are of international qualitativestandards.
9. Resolving Transboundary disputes.
Fortunately, there abundant international precedents to follow in the resolution of international transboundary disputes. Usually, the mode of managing transboundary water courses is by consensus of all the adjourning countries and states. At the 1st Petersberg Round Table on Global Water Politics Declaration held in Germany in 1998, it was agreed by all attendants that “Water is an avenue for intensive cooperation and an exchange of corresponding experiences.“ At the Berlin Conference for Tranboundary Water Management held in 1998, the framework for transboundary water management was summarized to include among others the “sharing benefits and cost of water, proper management and financing of these transboundary waters, expanded cooperation between commissions, legal framework for resolutions of transboundary disputes etc” Besides consensus, compliance and its effects has become the new targets of international conventions as agreed at the “Geneva Strategy and Framework for monitoring Compliance with agreements on transboundary waters, 1999.”Round table discussions and negotiations have already been used to resolve transboundary water disputes in the Baltic Sea region of Europe in 1999 and on going Nile Basin water dispute resolution. Nigeria should endeavour to domesticate these international conventions into our local laws.
10. Dispute Resolution.
There is need to train specific water law experts in Nigeria. Existent basic dispute resolution options such as court litigation, arbitration and mediation leaves room for improvement. Water related contracts require insertion of standard dispute resolution and compliance clauses.
In summary, in accordance with globalization and modern water reforms, the relevant Nigerian authorities responsible for water law policy formulation must take up the challenge. The Federal Ministry of Water Resources, Federal House of Representatives Committee on Water Resources and the Bureau for Public Enterprise must begin to take proactive steps to update Nigerian’s water resources policy and law to become compliant with global international standards. The implementation of the above recommendations as policies will eventually ensure a viable and stronger Nigerian water policy and law to enable Nigeria compete with international global standards.
REFERENCE PAGE FOR WATER PAPER.
1. Dr. Patricia Jones, Director, International Water Research Institute, University of Dundee
and Dr. Salman A. Salman, Lead Counsel, Legal Department, World Bank, Washington
2. Press release, World Water Council, 20th March 1999.
3. Ministerial Declaration of The Hague on Water Security in the 21st Century.
4. See the Oxford Advanced English Dictionary 6th Edition.
5. See Constitution of the Federal Republic of Nigeria 1999.
6. Cap 101 1993, Laws of the Federation of Nigeria 2004.
7. Cap 284, Laws of the Federation of Nigeria 1990.
8. Cap 396, Laws of the Federation of Nigeria 1990.
9. Cap N47, Laws of the Federation 2004.
10. Cap 287, Laws of the Federation of Nigeria 1990.
11. Cap 279, Laws of the Federation of Nigeria 1990.
12. Cap 361, Laws of the Federation of Nigeria 1990.
13. Cap 327, Laws of the Federation of Nigeria 1990.
14. Cap 286, Laws of the Federation of Nigeria 1990.
15. Cap 224,Laws of the Federation of Nigeria 1990.
16. Cap 226, Laws of the Federation of Nigeria 1990 and Minerals Act No.34 of 1999.
17. Cap 106, Laws of the Federation of Nigeria 1990.
18. Act No. 15 of 1993, Laws of the Federation of Nigeria 2004.
19. Act No.59 of 1992, Laws of the Federation of Nigeria 2004.
20. Cap 350, Laws of the Federation of Nigeria 1990.
21. Cap 337, Laws of the Federation of Nigeria 1990.
22. See reference 1.
23. See reference 2.
24. See Dr. Patricia Wouters again as in 1.
27. See International Water Companies by Anton Earle at www. waterpage.com.
30. See the Global Water Cycle, US Change Science Program: www.usgcrp.gov
31. See UN Watercourses Convention 1997.
32. See 1st Petersberg Round Table on Global Water Politics Declaration 1998.
33. See Berlin Conference for Tranboundary Water Management held in 1998.
34. See United Nations Economic and Social Council Geneva Strategy and Framework for
Monitoring Compliance with Agreements on Transboundary Waters 1999.