Common use of Allocation of Water Clause in Contracts

Allocation of Water. 1. Allocations of water to the Parties set out in the following sub-articles have been derived as set out in Annex 3 hereto. 2. Subject to the other provisions of this Article the Parties shall, after completion of the Project comprising sub-phases 1A and 1B and from the date to be determined by the JWC, be entitled annually to the following Net Consumption: (a) Swaziland: 15.1 cubic hectometres at High Assurance 260.2 cubic hectometres at Low Assurance; and (b) South Africa: 157.8 cubic hectometres at High Assurance 381.0 cubic hectometres at Low Assurance. (a) The quantity of water to which a Party is entitled in terms of sub-article 2 of this Article, shall be available only in accordance with the operating rules and conditions referred to in Article 9(2)(f). (b) Subject to the operating rules and conditions referred to in Article 9(2)(f), water to which a Party is entitled in any one year in terms of sub-article 2 of this Article, which has not been utilised during that year, may be retained in storage in the Project. 4. Subject to the approval of the JWC, a Party may convert its allocation from one category of assurance to another. For the purpose of the Project, the multiplication factor for converting water at Low Assurance to water at High Assurance shall be 0.794, unless otherwise determined by the JWC. 5. The Parties hereby record and accept that in addition to the water allocations set out in sub- article 2: (a) 42.0 cubic hectometres per year at Low Assurance have been set aside for water transmission losses; and (b) 22.7 cubic hectometres per year on average at High Assurance have been set aside for water evaporation losses from Nooitgedacht, Vygeboom, Maguga, Sand River and Driekoppies Dams only. 6. The water allocations set out in sub-article 2 shall be adjusted pro rata with due regard to the different assurances of the respective water allocations, if upon review by the JWC of the losses referred to in sub-article 5, the JWC considers such adjustment to be necessary. 7. Should the hydrological data on which the water allocations as set out in sub-article 2 are based be subsequently revised by the JWC, the water allocations shall be adjusted pro rata with due regard to the different assurances of the respective water allocations. 8. In addition to the water allocations set out in sub-article 2, the Parties shall be entitled to the following maximum areas of afforestation in the Komati River Basin: (a) Swaziland - 32 442 hectares (estimated mean gross annual water use 46 cubic hectometres); and (b) South Africa - 90 233 hectares (estimated mean gross annual water use 99 cubic hectometres). 9. The areas of afforestation set out in sub-article 8 may be increased or decreased by each Party: Provided that a corresponding adjustment as determined by the JWC is made to the water allocations set out in sub-article 2. 10. In order to promote the best utilisation of the Project each Party shall, in the form and at the intervals determined by the JWC from time to time, submit to the JWC for approval particulars regarding the extent and location of existing and intended abstractions of water from the Komati River Basin. (a) The Parties record and accept that 134.5 cubic hectometres of water per year at High Assurance and 23.8 cubic hectometres of water per year at Low Assurance which have been included in the water allocation to South Africa in sub-article 2, will be supplied from the portion of the Komati River Basin upstream of and including the Vygeboom Dam and the Poponyane River and Gladdespruit diversions into the Vygeboon Dam, which present system is only capable of supplying 128.7 cubic hectometres of water per year at High Assurance and 23.8 cubic hectometres of water per year at Low Assurance. (b) Pursuant to the allocation referred to in paragraph (a), South Africa may at any time implement measures to secure the said allocated quantities of water from the said portion of the basin without diminishing the availability of water at both High Assurance and Low Assurance from the Project for use other than for the generation of hydro-electric power only, except under circumstances where such generation is undertaken with water assigned by a Party for such purpose in terms of Article 14(1)(a) and South Africa undertakes to submit to the JWC for approval any such proposed measures. 12. No Party shall allow within its territory the construction of any water storage work in the Komati River Basin with a capacity in excess of 250 000 cubic metres without the prior approval of the JWC. 13. In the event that sub-phase 1B is not implemented as provided for in Article 4(3)(b), the entitlement of the Parties to water as set out in this Article, shall be renegotiated without prejudicially affecting existing or committed projects in their respective territories. 14. After completion of any sub-phase and prior to the completion of the other subphase of the Project, the JWC may, on such conditions as it may determine, permit the use by any Party of water secured by the first completed sub-phase, in anticipation of the provisions of sub-article 2 becoming effective.

Allocation of Water. 1. Allocations of water to the Parties set out in the following sub-articles have been derived as set out in Annex 3 hereto. 2. Subject to the other provisions of this Article the Parties shall, after completion of the Project comprising sub-phases 1A and 1B and from the date to be determined by the JWC, be entitled annually to the following Net Consumption: (a) Swaziland: 15.1 cubic hectometres at High Assurance 260.2 cubic hectometres at Low Assurance; and (b) South Africa: 157.8 cubic hectometres at High Assurance 381.0 cubic hectometres at Low Assurance. (a) The quantity of water to which a Party is entitled in terms of sub-article 2 of this Article, shall be available only in accordance with the operating rules and conditions referred to in Article 9(2)(f). (b) Subject to the operating rules and conditions referred to in Article 9(2)(f), water to which a Party is entitled in any one year in terms of sub-article 2 of this Article, which has not been utilised during that year, may be retained in storage in the Project. 4. Subject to the approval of the JWC, a Party may convert its allocation from one category of assurance to another. For the purpose of the Project, the multiplication factor for converting water at Low Assurance to water at High Assurance shall be 0.794, unless otherwise determined by the JWC. 5. The Parties hereby record and accept that in addition to the water allocations set out in sub- article 2: (a) 42.0 cubic hectometres per year at Low Assurance have been set aside for water transmission losses; and (b) 22.7 cubic hectometres per year on average at High Assurance have been set aside for water evaporation losses from Nooitgedacht, Vygeboom, Maguga, Sand River and Driekoppies Dams only. 6. The water allocations set out in sub-article 2 shall be adjusted pro rata with due regard to the different assurances of the respective water allocations, if upon review by the JWC of the losses referred to in sub-article 5, the JWC considers such adjustment to be necessary. 7. Should the hydrological data on which the water allocations as set out in sub-article 2 are based be subsequently revised by the JWC, the water allocations shall be adjusted pro rata with due regard to the different assurances of the respective water allocations. 8. In addition to the water allocations set out in sub-article 2, the Parties shall be entitled to the following maximum areas of afforestation in the Komati River Basin: (a) Swaziland - 32 442 hectares (estimated mean gross annual water use 46 cubic hectometres); and (b) South Africa - 90 233 hectares (estimated mean gross annual water use 99 cubic hectometres). 9. The areas of afforestation set out in sub-article 8 may be increased or decreased by each Party: Provided that a corresponding adjustment as determined by the JWC is made to the water allocations set out in sub-article 2. 10. In order to promote the best utilisation of the Project each Party shall, in the form and at the intervals determined by the JWC from time to time, submit to the JWC for approval particulars regarding the extent and location of existing and intended abstractions of water from the Komati River Basin. (a) The Parties record and accept that 134.5 cubic hectometres of water per year at High Assurance and 23.8 cubic hectometres of water per year at Low Assurance which have been included in the water allocation to South Africa in sub-article 2, will be supplied from the portion of the Komati River Basin upstream of and including the Vygeboom Dam and the Poponyane River and Gladdespruit diversions into the Vygeboon Dam, which present system is only capable of supplying 128.7 cubic hectometres of water per year at High Assurance and 23.8 cubic hectometres of water per year at Low Assurance. (b) Pursuant to the allocation referred to in paragraph (a), South Africa may at any time implement measures to secure the said allocated quantities of water from the said portion of the basin without diminishing the availability of water at both High Assurance and Low Assurance from the Project for use other than for the generation of hydro-hydro- electric power only, except under circumstances where such generation is undertaken with water assigned by a Party for such purpose in terms of Article 14(1)(a) and South Africa undertakes to submit to the JWC for approval any such proposed measures. 12. No Party shall allow within its territory the construction of any water storage work in the Komati River Basin with a capacity in excess of 250 000 cubic metres without the prior approval of the JWC. 13. In the event that sub-phase 1B is not implemented as provided for in Article 4(3)(b), the entitlement of the Parties to water as set out in this Article, shall be renegotiated without prejudicially affecting existing or committed projects in their respective territories. 14. After completion of any sub-phase and prior to the completion of the other subphase of the Project, the JWC may, on such conditions as it may determine, permit the use by any Party of water secured by the first completed sub-phase, in anticipation of the provisions of sub-article 2 becoming effective.

Allocation of Water. 1. Allocations of water to the Parties set out in the following sub-articles have been derived as set out in Annex 3 hereto. 2. Subject to the other provisions of this Article the Parties shall, after completion of the Project comprising sub-phases 1A and 1B and from the date to be determined by the JWC, be entitled annually to the following Net Consumption: (a) Swaziland: 15.1 cubic hectometres at High Assurance 260.2 cubic hectometres at Low Assurance; and (b) South Africa: 157.8 cubic hectometres at High Assurance 381.0 cubic hectometres at Low Assurance. (a) The quantity of water to which a Party is entitled in terms of sub-article 2 of this Article, shall be available only in accordance with the operating rules and conditions referred to in Article 9(2)(f9 (2) (f). (b) Subject to the operating rules and conditions referred to in Article 9(2)(f9 (2) (f), water to which a Party is entitled in any one year in terms of sub-article 2 of this Article, which has not been utilised during that year, may be retained in storage in the Project. 4. Subject to the approval of the JWC, a Party may convert its allocation from one category of assurance to another. For the purpose of the Project, the multiplication factor for converting water at Low Assurance to water at High Assurance shall be 0.794, unless otherwise determined by the JWC. 5. The Parties hereby record and accept that in addition to the water allocations set out in sub- article 2: (a) 42.0 cubic hectometres per year at Low Assurance have been set aside for water transmission losses; and (b) 22.7 cubic hectometres per year on average at High Assurance have been set aside for water evaporation losses from Nooitgedacht, Vygeboom, Maguga, Sand River and Driekoppies Dams only. 6. The water allocations set out in sub-article 2 shall be adjusted pro rata with due regard to the different assurances of the respective water allocations, if upon review by the JWC of the losses referred to in sub-article 5, the JWC considers such adjustment to be necessary. 7. Should the hydrological hydro logical data on which the water allocations as set out in sub-article 2 are based be subsequently revised by the JWC, the water allocations shall be adjusted pro rata with due regard to the different assurances of the respective water allocations. 8. In addition to the water allocations set out in sub-article 2, the Parties shall be entitled to the following maximum areas of afforestation in the Komati River Basin: (a) Swaziland - 32 442 hectares (estimated mean gross annual water use 46 cubic hectometres); and (b) South Africa - 90 233 hectares (estimated mean gross annual water use 99 cubic hectometres). 9. The areas of afforestation set out in sub-article 8 may be increased or decreased by each Party: Provided that a corresponding adjustment as determined by the JWC is made to the water allocations set out in sub-article 2. 10. In order to promote the best utilisation of the Project each Party shall, in the form and at the intervals determined by the JWC from time to time, submit to the JWC for approval particulars regarding the extent and location of existing and intended abstractions of water from the Komati River Basin. (a) The Parties record and accept that 134.5 cubic hectometres of water per year at High Assurance and 23.8 cubic hectometres of water per year at Low Assurance which have been included in the water allocation to South Africa in sub-article 2, will be supplied from the portion of the Komati River Basin upstream of and including the Vygeboom Dam and the Poponyane River and Gladdespruit diversions into the Vygeboon Dam, which present system is only capable of supplying 128.7 cubic hectometres of water per year at High Assurance and 23.8 cubic hectometres of water per year at Low Assurance. (b) Pursuant to the allocation referred to in paragraph (a), South Africa may at any time implement measures to secure the said allocated quantities of water from the said portion of the basin without diminishing the availability of water at both High Assurance and Low Assurance from the Project for use other than for the generation of hydro-electric power only, except under circumstances where such generation is undertaken with water assigned by a Party for such purpose in terms of Article 14(1)(a14 (1) (a) and South Africa undertakes to submit to the JWC for approval any such proposed measures. 12. No Party shall allow within its territory the construction of any water storage work in the Komati River Basin with a capacity in excess of 250 000 cubic metres without the prior approval of the JWC. 13. In the event that sub-phase 1B is not implemented as provided for in Article 4(3)(b4 (3) (b), the entitlement of the Parties to water as set out in this Article, shall be renegotiated without prejudicially affecting existing or committed projects in their respective territories. 14. After completion of any sub-phase and prior to the completion of the other subphase of the Project, the JWC may, on such conditions as it may determine, permit the use by any Party of water secured by the first completed sub-phase, in anticipation of the provisions of sub-article 2 becoming effective.