JPRS ID: 10675 MONGOLIA REPORT

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• Collection: JPRS
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00850R000500080049-5
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• Sequence Number: 49
• Content Type: REPORTS

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JPRS L/ 10675
21 July 1982
Mon olia ~2e ort
g p
CFOUO 1 /82)
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JPRS L/10675
; 21 Ju1y 1982
~ MONGOLIA REPORT
(FOUO 1/82 )
' CONTENTS
, Water Legislation Relate 3 to Other Development Aspects of Ng'R
~ (D. Dariymaa; VODNYYE RESURSY, No 2, 1982 ~ 1
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UDC ~26.80
WATER LEGISLATION RELATED TO OZ'HER DEVELOPMENT ASPECTS OF MPR
Tioscow VODNYY~ R~SURSY in Russian No 2, 1982 pp 137-143
~ [Article by D. Dariymaa, Institute of Philosophy, Sociology and Law of the MPR
Academy of Sciences: "MPR IJater Legislation"]
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[Text) The molding of MPR water legislation is governed by the unique historical
. conditions of the development of ~~e country. Mongolia had to traverse the diffi-
cult path from feudalism to socialism, bypassing tlie capitalist stage of develop-
ment. The means of production of these two socioeconomic formations differ radi-
cally from each other, therefore the process of production influences the environ-
ment differently. The lack of factories and plants did not raise for the develop-
ing ~tate questions of the pollution of bodies of water; the need to adopt any
i legislative measures on their protection practically did not arise.
~
' Another characteristic factor, which influences the cievelopment of the water legis-
j lation of t�iongolia, is its intracontinental locaC.ion. The hydrographic features of
( the country also play an important role. A portion of the watershed of the Arctic
i and Pacific Oceans passes through the MPR. An area of internal-drainage basins and
' lakes of Central Asia, which takes up approximately two-thirds of the area of the
' country, ~s located to the south of the watershed. The basin of the Selenge River,
which is located to the north of the watershed, has the most developed. quite
dense and branched hydrographic network in the MPR. The Shishhid ('ol (one c~f
the headwaterQ of the Yenisey River), as well as the headwaters of thE~ Korumdy
~ (nzelter Gol) River--a tributary of the Chernyy Irtysh River--belong to the basin of
~ the Arctic Ocean.
The territory of the MPR, which belongs to the basin of the Pacific Occ,~n and
Central Asia, is comparatively poor in rivers and lakes. The Onon, 1"~'~, 'lerti-
len and Halhin Rivers, the lower courseg of which, except f~~r Ctie .I;i:;r. ~~~i_~,
are located outside Mongolia, belong to ~.z basin of the Pacific Ocean withi~~ Llie
~ MPR. The Halhin Gol flows with one bran~h into the Buyr Nuur on the t~rrit~~ry of
the MPR and with the other into the Wu-er-shun Ho in China. The iiohcl an~i i~� f;;~n
(Urungu) from the Altay Mountains and the n~abhan, Tes~ Raydrag and Tuyn (;~1 `r~m
~ the Hangayn Nuruu, as well as othe:., small rivers carry their w~ters inta thc
internal-drainage basins of Central Asia.
' , The following features are characteristic of the hydrologic cycle of the rivers of
Mongolia: 1) for nearly half of the year they are ice-bound and often freeze to
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the bottom, water on top of ice is typical of mountain rivers; 2) minor flooding
occurs in the spring, while the main, but intermittent flooding occurs in the sum-
mer, when in 1 to 2 day~ the water level rises sharply as a result of a downpour or
shower (given the high ~peed of the current as a result of the sharp gradient of
the mountain rivers of Mongolia these floods are at times of a catastrophic nature);
3) the considerable fluctuation of the speeds of the current and the water content,
which stems from the intermittent nature of summer flooding; 4) the mountain type
of alimentation of nearly all the rivers of Mongolia with developed, mainly erosive
action (accumulationa of river sediments in large amounts are observed only in
places).
~ The very geographic location of Mongolia dictates the need for cooperation in the
area of water resources and their protection with neighboring states, and especial-
ly the Soviet Union. As an intrac:ontinental country, which is far removed from the
open sea, Mongolia, which also belongs to the states of the basin of the Pacific
Ocean, is interested in internationr~l cooperation wi*.h the countries of the basin
of the Pacific Ocean in the area of t}ie use of the resources of the world ocean.
The process of shaping the water legislation of the MPR is closely connected with
the progressive socioeconomic development of the country. During the initial peri-
od of the development of Mongolian water legislation the main attention was devoted
to questior~s ~f the efficient use of water resources for the needs of the national
economy. Thus, in a decree of the Mongolian Council of Ministers (March 1927) the
question was raised of repairing old wells and building new wells equipped with .
pumps. The new equipment was delivered from the Soviet Union, whose specialists
gave much assistance in the mastering of the imported equipment and the development
of national personnel.
The basic direction in the area of water legislation of those times--the develop-
ment and improvement of the use of the system of wells--was also developed later.
In 1929 the MPR Council of Ministers adopted a decree on the confirmation of the
ukaze on water sources, their use and pxotection and passed a law on the construc-
tion of a system of wells everywhere for the needs of the national economy of the
count ry.
In conformity with the agreement reached in 1936 between the MPR and the USSR on
the sailing of inerchant vessels of the Selenge River Steamship Company of the USSR
on the Selenge and Orhon Rivers within the territory of Mongolia the Soviet side
assumed an obligation on the appropriate training of Mongolian national personnel.
In 1946 the MPR Council of Mintsters commissioned the MPR Ministry of Animal Hus-
bandry starting in the fa~l of 1947 to form at the veterinary technical school a
faculty for hydraulic engineering problems, which made it possible to lay the
foundation for the training of water resource specialists.
The skills of Mongolian personnel were improved in the process of Soviet-Mongolian
cooperation within a~oint scientific research expedition, which was set up in 1958
in conformity with a decree of the M~R Council of Ministers, for the drafting of
a plan of the water management of Mongolia.
In the 1960's the Administration for the Management of Water Resources with the
subordination to it of specialized subdivisions (offices) in the aymags was organ-
ized in the Ministry of Agriculture in conformity with a decree of the MPR Council
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of Ministers, which was adopted in 1961. In some aymags (for example, Dzabhan and
Bayanhongor) construction and installation offices for the needs of water manage-
ment were established by a decree of the MPR Council of Ministers (March 1965).
The Mongolian Government advanced for specialists in the field of water resources
specific scientific and technical tasks, the accomplishment of which was of great
national economic importance. Thus, the draftin~ of the Plan of the Efficient Use
and Protection of the Water Resources of. the Selenge, Orhon, Tuul, Herul.en~ nzabhan~
~~roo, Egiyn Gol and other rivers to 1980 was called for by a Decree of ti~e ;I?'R
Council of Ministers, which was adopted in 1966.
As a result of the strengthening of the international cooperation of the 1~'R in
several areas of the national economy with CEMA member countries a number of legis-
lative steps were also taken in the area of the water resources of the country.
For example, in 1964 it was specified by a decree of the MPR Council of Ministers
that the elaboration of the water balance of Mongolia should be carried out on the
basis of the method of compiling the water balance, which is used by the CEMA mem-
ber countries, with allowance made for the 5-year and long-range plan of the devel-
opment of the MPR national economy. ,
A law on Che use of MPR waters, which served as the basis for the solution of tt~e
scientific and technical problems connected with the development of the water re-
sources of the country, was confirmed in March 1965 by the necree of the MPR People's
Creat Hural. ~
The water legislation of this period called for the creation of. the materi'~1 and
technical base of water mana~ement of the MPR. In conformity with a number of de-
crees of the MPR Council of Ministers of 1971 mobile mechanized detachments were
set up for work in Ba;~anhongor, Gobi-Altay and Dornogobi Aymags, the MPR Planning
and Surveying Institute of Water Resources and a technical school for water manage-
ment were organized, wprk was begun on the construction of a number of water manage-
~ ment systems. However, the water legislation existing at that time no longer con-
formed to the scale of the set tasks, in connection with which there arose the need
~ for the drafting of a uniform Water Law--the legal basis for the further improve-
ment of all the water resources of Mongolia. The MPR Water Law, which went into
effect on 1 August 1974, was approved by the Decree of the MPR People's Great Hural
� of 1 July 1974. .
The prevailing MPR Water Law includes six sections: the general provisions; the use
of water and war.er management structures; the protection of water resources and
water management structures; the conkrol of the harmful effect of water; state reg-
. istration, the planning of the use of water and water resources valuation; the re-
sponsibility for the violation of water legislation. In all there are 34 articles
in the law.
In conformity with the Water Law large and small rivers, sprin~s, lakes, ponds and
other surface wat~r bodies, as well as ground waters, irrigaCion systems, flood
protection structures, reservoirs, hydroelectric power stations, water supply sys-
tems, driven and dug wells, capped springs, as well as.other water management struc-
tures and their equipment are state property of Mongolia, which belongs to all the
t�tongolian people. Wells, irrigation aystema, cisterns and capped springs with their
equipment, which were built by the forces of cooperative organizations, a�re the
property of the latter.
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'The indicated provisions are in keeping with the MPR Constitution, in accordance
with which all the water resources of the country are state property, that is, na-
tional property. Water resources, consequently, are granted to interested people
and sectors of~the economy only for temporary use. All the waters in the MPR con-
stitute the united state water fund, which includes lakes, rivers, springs an~i
~ other surface waters, as well as the waters of canals, ponds and reservoirs, ground
water resources and glaciers.
The basic tasks of MPR water legislation consi:st in the regulation of the relations
between water users forthe purposes of ensuring the efficient use of waters for the
needs of the population, animal husbandry and other sectors of the national econ-
omy, in the protection of waters a$ainst pollution, contamination and depletion, in
the prevention and elimination of the harmful effect of waters on the environment,
as well as i~n the protection of the rights and the observance of the duties of all
water users and the strengthening of the legality of the use of water.
MPR citizens, who wish to build a well or an irrigation ca~?al on a parcel of land
for personal use, should obtain a permit for the construction and operation of the
structure and register it at the water management organizations of the MPR. Joint
stock companies, foreign organizations and persons without citizenship, who wish to
build a well on a private plot for the irrigation of a fruit orchard or a garden,
also should obtain a permit for the construction of the structure and register it
at the water management organizations of Mong~lia. Embassies, governments and
diplomatic workers of foreign states, who are ~~n the MPR, carry out all the opera-
tions on the clearance of ~he construction and the registration of the built water
management structures through the MPR Ministry of Foreign Affairs. Thus, all ques-
tions of water use are regulated on a legal basis and are concentrated in the water
management organizations of Mongolia. .
The management and organization of the work in the area of the use and protection of
waters are carried out by the MPR Council of Ministers, the MPR Ministry of Irriga-
tion and the executive committees of the aymag, city, somon, regional and horon
assemblies of people's deputies.
Within the competence of the MPR Council of Ministers there are the management of
the united state water fund; the establishment of the main regulations in the area
of the improvement of the use and protection of waters, as well as the prevention ~
and elimination of the harmful effect of waters, the establishment of state stand-
ards for water use, water quality and the methods of its evaluation; the establish-
ment of a unified sy stem of the state recording of water use and the state water
resources valuation; the approval of the master plans of the comprehensive use and
protection of waters, water resource balances, as well as designs of water manage-
ment structures which are of state importance; the establishment of the procedure
of the implementation of state monitoring of the use and protection of waters.
On the basis of the MPR Water Law the supervision of water management operations
is included in the function of the MPR Ministry of Irrigation.
The executive committees of the aymag, city, sonom, regional and horon assemblies
of people's deputies on the territory subordinate to them carry out the supervision
of the work on the supply of water to the population, animal husbandry, farming and
industrial enterprises and monitor the organizations which are in charge of the ,
~ protection and use of water resources and wat~r management structures.
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State monitoring of the use and protection of waters is carried out by the MPR Coun-
cil of Ministers, the Ministry of Irrigation, the State Health Inspectorate, the
executive committees of the aymag, city, somon, regional and horon assemblies of
people's deputies, as well as specially authorized people. The state inspectors
for the use and protection of waters are appointed by the MPR Ministr.y of Irriga-
tion and carry out state monitoring of the use and protection of waters.
The MPR Water Law regulates the conditions of the location, designing, construction,
renov~tion and placement into operation of enterprises and structures, which influ-
ence ..ne condition of water resources; the procedure of the performance of work at
water bodies and in the cosatal zones; the use of water bodies and water management
- structures for the needs of agriculture, industry and other purposes.
~ The MPR Water Law prohibits the placement into opAration of structures which do not
meet the following requirements: a) enterprises, municipal pro~ects, shops and
units, which envisage the discharge of waste water, should be equipped with facili-
ties for the puri~ication and dtscharge of this water; b) driven and dug wells and
~apped springs should be equipped with water-regulating devices, health protection
, zones should be established for them in conformity with the procedure stipulated by
legislation; c) irrigation systems, canals, ponds and man-made lakes should envis-
age installations which eliminate the flooding, waterlogging and salinization of
lands and the erosion of soils; d) hydraulic st~'uctures in the channels of strean~.s
should be accepted for operation only in the case of the readiness of the facili-
ties for the passing of flood waters and of the fish protection structures in con-
formity with the planned designs.
The Water Law charges enterprises, organizations and institutions, the production
processes of which affect the state of waters (contamination and depletion), with
the meeting of the following requirements:
! the designing and location of new enterprises and structures are carried out only
with the consent of representatives of water management and health organs;
the placement into operation of new and thoroughly renovated enterprises and struc-
tures is carried out only with the official permission of water management and
health organs.
~ Enterprises and citizens can perform work which has any influence on the regimen of
a stream and the quality of surface waters only after obtaining permission from the
apprupriate organs. The enterprises using water for the needs of industry, agricul-
ture, transportation, power engineering, fishing and other purposes, in conformity
with the Water Law are obligated: a) to maintain the appropriate water level at
the dams, in the reservoirs of hydroelectric power stations and other watercourses;
b) to ensure the possibility of the free passage of ships, floats and so forth on
navigable rivers. After completing the work on timber floating the organizations
transporting the timber are obligated to clear the scraps of wood and other ob3ect3
from the channel of rivers; c) for the purpose of pregerving the fish stocks to
ensure the free passage of fish through the channels of rivers, without allowing
them to get into the headworks of irrigation systems (special structures should be
built for letting flsh pass).
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The use of rivers, lakes and grqund sources for the discharge into them of indus-
trial waste water and municipal atid household sewage is permitted ozly by the ap-
propriate water management organs, the State Health and Veterinary Inspectorate.
All enterprises, whose activity adversely affects the condition of watcr resources,
_ upon the approval of the executive committees of the aymag and city assemblies of
people's deputies, water management organs, the State Health Inspectorate and other
interested organizations implement the appropriate measures which are aimed at the
prevention of the pollution and depletion of water resources. The organizations
carrying out the floating of timber, rafts and other freight ta~Ce every step to pre-
vent damage of the shores and channels of rivers, as well as the structures built .
on these rivers.
State recording of the use of water in conformity with the established procedure
is carried out at enterprises and organizations which use ~aater on the territory
of the MPR.
Long-range planning of the use of water resources for the purpose of optimum dis-
tribution among water u~ers with allowance made for Lhe priority meeting of the
drinking and household needs of the population is carried out on the basis of the
state recording of the use of water, the water resources valuation, the water re-
- source balances, as well as the master plans of the complete use and protection of
natural waters.
It is stipulated by Article 11 of the MPR Water Law that the united water fund of
the MPR is made available for the use of the national economy first of all for cne
complete meeting of the drinking and household needs of the population and the
needs of animal husbandry. Permission to use water sou:ces for the drinking and
household needs of the population is granted only after making chemical and bacteri-
ological analyses of the water of these sources. At the same time constant moni-
toring of the quality of the water being uRed is carried out by the analysis of
samples taken on strictly set dates.
The Water Law provides for the protection of the natural waters of tr.e country
against any interference which is capable of doing harm to their quality, decreas-
ing the capacity for self-purification, altering ecological conditions and leading
to the depletion of their reserves and the undesirable disturbance of the hydro-
geological and hydrological conditions.
I~R water legislation prohibits the discharge into lakes, rivers and other surface
sources, as well as onto the surfaces of glaciers of industrial and household
waste, timber, petroleum and chemical products, fertilizers and toxic chemicals.
The discharge of sewage i~to water bodies and onto the surface of the land without
preliminary treatment is prohibited.
State enterprises receive permission for the discharge of waste water after its
treatment from the State Service for the Use and Protection of Waters, the State
Health and Epidemiological Inspectorate and the State Veterinary Administration,
while enterprises and municipal services, which have been built by the forces of
aymag and city organizations, receive it from the city administrations and depart-
ments of water resources, the health inspectorate and the veterinary administra-
tions.
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The MPR State Service for the Use and Protection of Waters jointly with the appro-
priate organizations specifies the sites of the discharge of treated sewage, makes
a laboratory check of the quality of the sewage, carries out the monitoring of the
operation of treatment plants, as well as checks and directs the work of the labora-
tories conducting the analysis of the sewage, keeps track of the use, protection
and pollution of waters. In the case of the violation of the design parametere of
water mar.agement construction, water supply systems and water treatment plants,
which has an adverse effect on water quality, the service requires that the work
be brought up to the design decisions. If necessary, with the permission of the
appropriate organi.zations, it enlists specialists in the monitoring and checking
operations. In the case of serious violations of the water legislation byany
enterprises after a preliminary report to the superior organizations the indicated
service independently or jointly with the health inspectorate has the right to halt
the activity of these enterprises temporarily, until steps are taken to remedy the
indicated violations.
Water use carried out at the border water sources of the MPR is regulated by inter-
national agreements. If water use on the Mongolian territorial of border waters is
not regulated by internationa~ agreements with the participation of the MPR, it is
carried out in conformity with MPR legislation.
In 1974 the MPR Council of MiniSters approved instructions on the enforcement of the
Water Law, which consist of 39 articles and have the following structure: the gener-
al provisions, the use and protection of waters and water management projects, the
control of the harmful influence of waters, the registration of the use of waters,
the responsibility for the violation of water legislation. The instructions set as
their goal the concrete expression of the steps on the enforcement of the MPR Water
Law and are an integral part of it.
On 1 November 1974 the MPR Council of Ministers approved the statute on the MPR
~ State Service for the Use and Protection of Waters, which includes the following
sections: the general provisions; the rights of the MPR State Service for the Use
and Protection of Waters and its duties. This service supervises the work on the
assurance of the efficient use of water resources, the protection of water against
pollution and d.epletion, th~ control of the harmful i~nfluence of waters, as well as
monitors the carrying out of MPR water legislation. At the local level the aymag
and city departments and administrations of water management implement the deci-
sions of the State Service. Trade unions, youth organizations, conservation organ-
izations, scientific research institutes and all MPR citizens are taking an ac:tive
part in the implementation of all the measures on the efficient use and protection
of water resources.
Mongolian water legislation is constantly being improved and supplemented by new
regulations. For example, the conducting of systematic studies in the basin of the
Selenge and the organization of laboratories for conducting analyses for the pur-
pose of establishing the extent of water pollution are stipulated by the decree of
the MPR Council of Ministers of 11 October 1974.
Steps on the steadfast and absolute implementation of the water legislation of
Mongolia are specified in the decree of the MPR Council of Ministers of 4 July 1975.
- In the decree of 10 .Tune 1976 the MPR Council of Ministers charged the MPR Ministry
of Justice to draw up a statute on the criminal liability for serious violations 4f
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the water legislation of the country. In this decree it is indicated that tl~e ~~ro-
tection and efficient use of water resources are a matter of all state, cooperative
and other organizations and all the working people of Mongolia and that it is neces-
sary to conduct mass explanatory work among the entire population. The allocation
of the neceasary assets for the implementation of the measur~es indicated in water .
legislation is discussed in this decree. Specific duties on the protection of the
water resources of the country are assigned to the State Committee for Building
Architecture and Technical Control, the Ministry of Agriculture and other ministries.
The work on strengthening the material and technical base of water management of
the country is being continued. Thus, the building of an irrigation system at the
"Future" Cooperative in Aayan-a~t Somon of Bulgan Aymag is called for by the decree
of the MPR Council of Ministers of 6 December 1975.
The administrative and organizational system of the management of water resources
is being continuously improved. In particular, the Administration for the Manage-
ment of Water Resources with the corresponding powers, rights and duties was organ-
ized on the basis of the decree of the MPR Council of Ministers of 5 May 1978.
Mongolia is carrying out international cooperation with the countries of the so-
cialist community. In 1974 an agreement was reached between the governments of the
PiPR and the USSR on the efficient use and protection of the waters of the basin of
the Selenge which runs through the territory of both Mongolia and the Soviet Union.
This agreement provides for the cooperation of the two countries in the protection
of the waters of the river against pollution, contamination and depletion, as well
as the backing of ineasures on th~ prevention of the harmful effect of waters in the
- basin of the Selenge.
The MPR and the USSR are cooperating in the implementation of hydrometeorological
and other measurements and observations and are sharing the results of studies con-
ducted during different seasons of the year. These data are the basis for measures
which are aimed at the solution of such important problems as the regulation of
flood and low waters, the passage of ice; the use of structures and water facili-
ties, which is connected with the efficient use of the waters of the river basin,
as well as the keeping of them in the proper technical condition; the implementa-
tion of ineasures on the prevention of the water erosion of soils in the Selenge
basin. Both parties inform each other in good time about ice conditions, rises of
the water in the Sel~nge basin above the desired line and damage to water manage-
ment structures. They are taking coordinated actions whic~n are aimed at the elimi-
nation or the reduction of the danger in connection with flooding, the ice flow and
other natural phenomena. Both parties are making joint control measurements for
the purpose of evaluating the quality of the river water at sites agreed on in ad-
vance, as well as are elaborating uniform criteria and standards of the quality of
river waters.
Within CEMA Mongolia is taking part in the fulfillment of three themes which are
envisaged by a number of scientific and technical agreements. Among them are "The
Claboration and Standardization of New Special Methods of Studyinfi Water Quality,"
"The Elaboration of Methods of Evaluating the Influence of the Chemicalization of
Agriculture on the Quality of Surface and Ground Waters and Measures on the Pre-
vention of Water Pollution" and "The Elabaration of a Scientific and Technical
Forecast on the Protection of Water Resources." The research being conducted by
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Mongolian scientists attests to the increased scientific and technical potential of
. Mongolia in the area of water management. The shaping and development of Mongolian
water legislation, which was previously unknown in the hiatory of the country, is
clear evidence of the correctness of the policy being pursued by the party and the
government, which, relying on the aid and assistance of the Soviet Union and the
dther socialist countries, were able in the shortest possible time to eliminat~
the scientific and technical backwardness in the country.
COPYRIGHT: Izdatel'stvo Nauka, VODNYYE RESURSY 1982
7807
CSO: 1819/40 ~D
~ 9
~ FOR OFFICIAL USE ONLY
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APPROVED FOR RELEASE: 2007/02/09: CIA-RDP82-00850R000500080049-5