1、American Society of Civil EngineersComprehensiveTransboundary WaterQuality ManagementAgreementWith Guidelines for Development of a Management Plan,Standards, and CriteriaA S C E S T A N D A R DPublished by the American Society of Civil EngineersASCE/EWRI 33-09Standard_33_09.qxp 6/25/09 8:20 PM Page
2、iComprehensive transboundary water quality management agreement : with guidelines fordevelopment of a management plan, standards, and criteria. p. cm. Includes bibliographical references and index. ISBN 978-0-7844-1019-6 1. Water quality managementLaw and legislationUnited States. 2. Regional planni
3、ngLaw and legislationUnited States. 3. Interstate agreementsUnited States.I. American Society of Civil Engineers. KF3790.C66 2009 346.7304691dc22 2009021830 Published by American Society of Civil Engineers1801 Alexander Bell DriveReston, Virginia 20191www.pubs.asce.orgThis standard was developed by
4、a consensus standards development process which has beenaccredited by the American National Standards Institute (ANSI). Accreditation by ANSI, avoluntary accreditation body representing public and private sector standards developmentorganizations in the U.S. and abroad, signifies that the standards
5、development process usedby ASCE has met the ANSI requirements for openness, balance, consensus, and due process.While ASCEs process is designed to promote standards that reflect a fair and reasoned con-sensus among all interested participants, while preserving the public health, safety, and welfaret
6、hat is paramount to its mission, it has not made an independent assessment of and does notwarrant the accuracy, completeness, suitability, or utility of any information, apparatus, prod-uct, or process discussed herein. ASCE does not intend, nor should anyone interpret, ASCEsstandards to replace the
7、 sound judgment of a competent professional, having knowledge andexperience in the appropriate field(s) of practice, nor to substitute for the standard of carerequired of such professionals in interpreting and applying the contents of this standard.ASCE has no authority to enforce compliance with it
8、s standards and does not undertake tocertify products for compliance or to render any professional services to any person or entity.ASCE disclaims any and all liability for any personal injury, property damage, financial lossor other damages of any nature whatsoever, including without limitation any
9、 direct, indirect,special, exemplary, or consequential damages, resulting from any persons use of, or relianceon, this standard. Any individual who relies on this standard assumes full responsibility forsuch use.ASCE and American Society of Civil EngineersRegistered in U.S. Patent and TrademarkOffic
10、e.Photocopies and reprints. You can obtain instant permission to photocopy ASCE publica-tions by using ASCEs online permission service (http:/pubs.asce.org/permissions/requests/). Requests for 100 copies or more should be submitted to the ReprintsDepartment, Publications Division, ASCE (address abov
11、e); e-mail: permissionsasce.org.A reprint order form can be found at http:/pubs.asce.org/support/reprints/.Copyright 2009 by the American Society of Civil Engineers.All Rights Reserved.ISBN 13: 978-0-7844-1019-6Manufactured in the United States of America.16 15 14 13 12 11 10 09 1 2 3 4 5Library of
12、Congress Cataloging-in-Publication DataStandard_33_09.qxp 6/25/09 8:20 PM Page iiSTANDARDSIn 2003, the Board of Direction approved the revision tothe ASCE Rules for Standards Committees to govern thewriting and maintenance of standards developed by theSociety. All such standards are developed by a c
13、onsensusstandards process managed by the Societys Codes andStandards Committee (CSC). The consensus processincludes balloting by a balanced standards committeemade up of Society members and nonmembers, ballotingby the membership of the Society as a whole, and ballot-ing by the public. All standards
14、are updated or reaffirmedby the same process at intervals not exceeding five years.The following standards have been issued:ANSI/ASCE 1-82 N-725 Guideline for Design andAnalysis of Nuclear Safety Related Earth StructuresASCE/EWRI 2-06 Measurement of Oxygen Transfer inClean WaterANSI/ASCE 3-91 Standa
15、rd for the Structural Design ofComposite Slabs and ANSI/ASCE 9-91 StandardPractice for the Construction and Inspection ofComposite SlabsASCE 4-98 Seismic Analysis of Safety-Related NuclearStructuresBuilding Code Requirements for Masonry Structures(TMS 402-08/ACI 530-08/ASCE 5-08) andSpecifications f
16、or Masonry Structures (TMS 602-08/ACI 530.1-08/ASCE 6-08)ASCE/SEI 7-05 Minimum Design Loads for Buildingsand Other StructuresSEI/ASCE 8-02 Standard Specification for the Design ofCold-Formed Stainless Steel Structural MembersANSI/ASCE 9-91 listed with ASCE 3-91ASCE 10-97 Design of Latticed Steel Tra
17、nsmissionStructuresSEI/ASCE 11-99 Guideline for Structural ConditionAssessment of Existing BuildingsASCE/EWRI 12-05 Guideline for the Design of UrbanSubsurface DrainageASCE/EWRI 13-05 Standard Guidelines for Installationof Urban Subsurface DrainageASCE/EWRI 14-05 Standard Guidelines for Operationand
18、 Maintenance of Urban Subsurface DrainageASCE 15-98 Standard Practice for Direct Design ofBuried Precast Concrete Pipe Using StandardInstallations (SIDD)ASCE 16-95 Standard for Load Resistance Factor Design(LRFD) of Engineered Wood ConstructionASCE 17-96 Air-Supported StructuresASCE 18-96 Standard G
19、uidelines for In-Process OxygenTransfer TestingASCE 19-96 Structural Applications of Steel Cables forBuildingsASCE 20-96 Standard Guidelines for the Design andInstallation of Pile FoundationsANSI/ASCE/TRecognizing that the water and related resources of the _ River Basin and/or Aquifer Basin (hereaf
20、terusing _ Basin) are regional assets, for which they have a joint responsibility, and that the reasonableand beneficial use of these water resources are necessary for the health and welfare of its respective people;Acknowledging that water and the related resources of the _ Basin may be experiencin
21、g water qualityproblems to be addressed in order to promote sustainable development;Recognizing the need to establish a transboundary organization to strengthen cooperation among interested Parties and to facilitate the financing, construction, operation, and maintenance for projects in the _ Basin;
22、Convinced of the need to collaborate with governments and states, local communities, nongovernmentalorganizations, the private sector, and other members of the public in the effort to manage water quality in the _ Basin;Recognizing that the conservation, utilization, development, management, and con
23、trol of the water and related resources of the _ Basin and its tributaries, under a comprehensive multipurpose plan, will bring the greatest benefits to public welfare and environmental protection within the context of water resource sustainability;Recognizing that Parties seek to provide effective
24、flood damage reduction; conservation and development of underground and surface water supply for municipal, industrial, and agricultural uses; and watershedprojects;Recognizing that protection and aid to fisheries dependent upon water resources, development of hydroelectric power potentialities, imp
25、roved navigation, control of the movement of saline water, abatementand control of water pollution, and regulation of surface flow are beneficial to the Parties;Affirming the desirability of encouraging increased investment for water quality management in the _ Basin;The Governments of _ and _ hereb
26、y solemnly covenant and agree with each other, to the following Agreement.1AGREEMENT CONCERNING THE COMPREHENSIVE TRANSBOUNDARY WATER QUALITY MANAGEMENT OF THE _ RIVER BASINand/or AQUIFER BASINStandard_33_09.qxp 6/25/09 8:20 PM Page 1ARTICLE 1 DECLARATION OF PURPOSESAND POLICIES1.1 PURPOSES OF AGREE
27、MENT1. The Waters of the _ Basin are affectedby local, national, and regional interests, andtheir planning, conservation, utilization, devel-opment, management, and control, under appro-priate arrangements for intergovernmentalcooperation, are public purposes for the re-spective signatory Parties.2.
28、 The purposes of this Agreement are to promotecomity; alleviate causes of present and futurecontroversy; make secure and protect presentdevelopments within the governments of the_ Basin; and encourage and provide for theplanning, conservation, utilization, development,management, and control of the
29、water resourcesof the _ Basin.3. The purposes include providing for cooperativeplanning, financing, and action by the signatoryParties with respect to water quality such thathuman health and beneficial uses are protected.4. These policies seek to apply reasonable andnondiscriminatory treatment to al
30、l water users,and to all users of related facilities withoutregard to established political boundaries.5. A controlling Commission is to be established to carry out the operations within the_ Basin.Commentary: A key challenge for the Parties isto make more efficient and productive use of waterand to
31、 reshape the institutions managing water to bet-ter suit the increase in water shortages (Postel 1996).The purpose statement is indefinite in order to allowflexibility in the planning and management of theshared water resource.The Parties should carefully frame the extent ofthe water resources invol
32、ved in the Agreement. Theyshould identify the type and geographical extent of the Waters of the _ Basin subject to theAgreement. To be accurate, an analysis should exam-ine factors that influence the availability of water, suchas the following: the climatology, physiology, geology,and the interactio
33、n between underground and surfacewater resources. The analysis should also identifypollution sources and their impacts on basin waterquality. The purposes and scope of the Agreement will affect this assessment, as they will delineate theParties to be included and their responsibilities, aswell as th
34、e structure of the Commission established to manage operations within the _ Basin. COMPREHENSIVE TRANSBOUNDARY WATER QUALITY MANAGEMENT AGREEMENTThe geographic extent of the water resources to becovered by the Agreement should be equal to thewater sharing problems to be addressed. The use of theterm
35、s “_ Basin” or “Waters of the _Basin,” if objectionable for any reason by one or moreParties, may be changed to “region,” “area,” or “system,” or any word that accurately describes andencompasses the entirety of the water resources subject to the Agreement. Comprehensive basin-wide management is est
36、ab-lished in a number of recent international agreements,to include the Convention on Biological Diversity(1992); Convention on Wetlands of InternationalImportance (1975); and Rio Declaration on theEnvironment and Development (1992). It has beennoted that “integration of water quality and quantitypr
37、ograms is one aspect of, and is inseparable from,comprehensive, coordinated, multipurpose, basin-widewater and related resource planning and management”(Goldfarb 1993).Cross-Referencing: 1.6 (coordination and coop-eration); 2.1.3 (amendments and supplements); 2.1.4 (withdrawal); 2.2.1 (_basin define
38、d); 2.2.2 (beneficial use defined); 2.2.15 (party or partiesdefined); 2.2.17 (project defined); 3.2 (powers andduties); 3.3 (intergovernmental relations); 5.3 (grants,loans, or payments); 5.5 (borrowing power).1.2 JOINT EXERCISE OF SOVEREIGNTYThe water quantity and quality of the _Basin are subject
39、to the sovereign right and respon-sibility of the signatory Parties, and it is the pur-pose of this Agreement to provide for the jointexercise of such powers of sovereignty in the com-mon interests of the people of the region.Commentary: To be effective, any sovereign gov-ernment directly affected b
40、y the shared use or havingdirect access to the surface or underground watershould be identified and included in discussions. Bothgovernmental and private stakeholders may influenceAgreement formulation, even if private water rightsholders within the various jurisdictions will not partic-ipate as Par
41、ties to the Agreement. Although the extentof consultation with private groups will depend on the political nature of the sovereignties themselves,recognition of existing rights is required. For instance,in some situations a conflict could exist betweendemands for water for economic purposes and then
42、eeds of environmental protection. Water users mayrespond better to incentives to accept that some water isreserved for environmental and ecological protection.2Standard_33_09.qxp 6/25/09 8:20 PM Page 2Additional incentives may also help users to maintainor improve water quality during or following u
43、se andprior to discharge in accordance with water qualitystandards or other compliance requirements. Unlessthe governmental entities involved with formulatingthe Agreement consider the interests of the varioususer groups, the effectiveness of the Agreement maybe reduced.Many agreements reserve the s
44、overeign right of each signatory to exploit its own resources (e.g., Convention on Long-Range Transboundary AirPollution 1979). Some, however, allow for a measureof joint sovereignty but reserve sovereign activitiesthat affect industrial and commercial secrecy ornational security (e.g., Convention o
45、n EnvironmentalImpact Assessment in a Transboundary Context 1993).However, some recent agreements refer to joint devel-opment of shared water resources (Trolldalen 1992)and joint development presupposes the joint exerciseof sovereignty. Examples include the Delaware RiverBasin Compact (DRBC 1961), t
46、he Susquehanna River Basin Compact (SRBC 1970), as well as the Act Regarding Navigation and EconomicDevelopment between the States of the Niger Basin(1963); Convention Establishing the Organization pourla Mise en Valeur du Fleuve Senegal (OMVS) (1974);Convention and Statute Relating to the Developme
47、ntof the Chad Basin (1974); and the Agreement on the Action Plan for the Environmentally SoundManagement of the Common Zambezi River System (1987).Cross-Referencing: 2.1.4 (withdrawal); 2.2.15(party or parties defined); 3.2.2 (powers and dutiesreserved to the commission); 3.2.9 (condemnation proceed
48、ings).1.3 INTERRELATIONSHIP OF WATERRESOURCESThe Waters of the _ Basin are functionallyinterrelated, and the uses of these resources areinterdependent. Joint planning, management, andcoordination of projects and policies within theBasin are essential to effective and efficient use ofthe water resour
49、ce.Commentary: This provision expands the pur-pose statement by expressing the intent of the Partiesto seek effective water management. Similar pro-visions are included in the Report of the UnitedNations Conference on Environment and Development,Agenda 21 (1993), which proposed a program of inte-grated water resources development and management.Cross-Referencing: 1.6 (coordination and coop-eration); 2.2.1 (_ b
