Common use of Utilisation of the Incomati Clause in Contracts

Utilisation of the Incomati. Watercourse (1) Based on the estimates of the present availability of water in the Incomati watercourse the Parties agree to the following water uses, excluding those shown as provisional, and areas of afforestation that will result in a reduction in streamflow of the Incomati watercourse: (a) The Republic of Mozambique: First priority supplies: 19 million m3/a (up to 87,6 million m3/a-reserved) Irrigation supplies: 280 million m3/a Afforestation: Area 25 000 ha Runoff reduction 25 million m3/a The additional reserved water use of up to 87,6 million m3/a is intended for the city of Maputo and will be drawn from the total water available from the further development of the Incomati watercourse. A similar quantity of water is reserved from the Maputo watercourse to provide for wider options of choice. The final details and options to meet the growing water requirements of the city of Maputo and the greater Maputo Metropolitan Area will follow from further studies. These will be recorded by the Parties as an amendment of this Annex in terms of Article 16 of the Agreement after the provisions of subArticle (7) have been complied with. (b) The Republic of South Africa: First priority supplies: 336,6 million m3/a Irrigation supplies: 786 million m3/a Afforestation: Area 364 975 ha Runoff reduction 475 million m3/a (c) The Kingdom of Swaziland: First priority supplies: 22 million m3/a Irrigation supplies: 261 million m3/a Afforestation: Area 32 442 ha Runoff reduction 46 million m3/a The first priority supplies include the water required by the Parties for domestic, livestock and industrial use and will be available to the Parties in the rivers subject to the conditions in subArticle(5). The Parties will be allowed to convert some of their agreed irrigation use to first priority use at a conversion factor approved by the TPTC at the time that the need arises. (2) The water use by Mozambique shall not exceed the following in the Incomati, Sabie, Massintonto, Uanetse, and Mazimechopes River catchments: (a) The Incomati River catchment upstream of the Sabie River confluence: First priority supplies: 1,1 million m3/a (up to 87,6 million m3/a-reserved) Irrigation supplies: 29 million m3/a Afforestation: Area Nil. Runoff reduction Nil. The additional reserved water use of up to 87,6 million m3/a is intended for the city of Maputo and will be drawn from the total water available from the further development of the Incomati watercourse. A similar quantity of water is reserved from the Maputo watercourse to provide for wider options of choice. The final details and options to meet the growing water requirements of the city of Maputo and the greater Maputo Metropolitan Area will follow from further studies. These will be recorded by the Parties as an amendment of this Annex in terms of Article 16 of the Agreement after the provisions of subArticle(7) have been complied with. (b) The Incomati River catchment downstream of the Sabie River confluence: First priority supplies: 15,6 million m3/a Irrigation supplies: 239 million m3/a Afforestation: Area 25 000 ha Runoff reduction 25 million m3/a (c) The Sabie River catchment: First priority supplies: 0,5 million m3/a Irrigation supplies: 12,0 million m3/a Afforestation: Area Nil. Runoff reduction Nil. (d) The Massintonto River catchment: First priority supplies: 0,7 million m3/a Irrigation supplies: Nil.

Utilisation of the Incomati. Watercourse (1) Based on the estimates of the present availability of water in the Incomati watercourse the Parties agree to the following water uses, excluding those shown as provisional, and areas of afforestation that will result in a reduction in streamflow of the Incomati watercourse: (a) The Republic of Mozambique: First priority supplies: 19 million m3/a (up to 87,6 million m3/a-reserved) Irrigation supplies: 280 million m3/a Afforestation: Area 25 000 ha Runoff reduction 25 million m3/a The additional reserved water use of up to 87,6 million m3/a is intended for the city of Maputo and will be drawn from the total water available from the further development of the Incomati watercourse. A similar quantity of water is reserved from the Maputo watercourse to provide for wider options of choice. The final details and options to meet the growing water requirements of the city of Maputo and the greater Maputo Metropolitan Area will follow from further studies. These will be recorded by the Parties as an amendment of this Annex in terms of Article 16 of the Agreement after the provisions of subArticle (7) have been complied with. (b) The Republic of South Africa: First priority supplies: 336,6 million m3/a Irrigation supplies: 786 million m3/a Afforestation: Area 364 975 ha Runoff reduction 475 million m3/a (c) The Kingdom of Swaziland: First priority supplies: 22 million m3/a Irrigation supplies: 261 million m3/a Afforestation: Area 32 442 ha Runoff reduction 46 million m3/a The first priority supplies include the water required by the Parties for domestic, livestock and industrial use and will be available to the Parties in the rivers subject to the conditions in subArticle(5). The Parties will be allowed to convert some of their agreed irrigation use to first priority use at a conversion factor approved by the TPTC at the time that the need arises. (2) The water use by Mozambique shall not exceed the following in the Incomati, Sabie, Massintonto, Uanetse, and Mazimechopes River catchments: (a) The Incomati River catchment upstream of the Sabie River confluence: First priority supplies: 1,1 million m3/a (up to 87,6 million m3/a-reserved) Irrigation supplies: 29 million m3/a Afforestation: Area Nil. Runoff reduction Nil. The additional reserved water use of up to 87,6 million m3/a is intended for the city of Maputo and will be drawn from the total water available from the further development of the Incomati watercourse. A similar quantity of water is reserved from the Maputo watercourse to provide for wider options of choice. The final details and options to meet the growing water requirements of the city of Maputo and the greater Maputo Metropolitan Area will follow from further studies. These will be recorded by the Parties as an amendment of this Annex in terms of Article 16 of the Agreement after the provisions of subArticle(7) have been complied with. (b) The Incomati River catchment downstream of the Sabie River confluence: First priority supplies: 15,6 million m3/a Irrigation supplies: 239 million m3/a Afforestation: Area 25 000 ha Runoff reduction 25 million m3/a (c) The Sabie River catchment: First priority supplies: 0,5 million m3/a Irrigation supplies: 12,0 million m3/a Afforestation: Area Nil. Runoff reduction Nil. (d) The Massintonto River catchment: First priority supplies: 0,7 million m3/a Irrigation supplies: Nil. Afforestation: Area Nil. Runoff reduction Nil. (e) The Uanetse River catchment: First priority supplies: 0,6 million m3/a Irrigation supplies: Nil.

Utilisation of the Incomati. Watercourse (1) Based on the estimates of the present availability of water in the Incomati watercourse the Parties agree to the following water uses, excluding those shown as provisional, and areas of afforestation that will result in a reduction in streamflow of the Incomati watercourse: (a) The Republic of Mozambique: First priority supplies: 19 million m3/a (up to 87,6 million m3/a-reserved) Irrigation supplies: 280 million m3/a Afforestation: Area 25 000 ha Runoff reduction 25 million m3/a The additional reserved water use of up to 87,6 million m3/a is intended for the city of Maputo and will be drawn from the total water available from the further development of the Incomati watercourse. A similar quantity of water is reserved from the Maputo watercourse to provide for wider options of choice. The final details and options to meet the growing water requirements of the city of Maputo and the greater Maputo Metropolitan Area will follow from further studies. These will be recorded by the Parties as an amendment of this Annex in terms of Article 16 of the Agreement after the provisions of subArticle (7) have been complied with. (b) The Republic of South Africa: First priority supplies: 336,6 million m3/a Irrigation supplies: 786 million m3/a Afforestation: Area 364 975 ha Runoff reduction 475 million m3/a (c) The Kingdom of Swaziland: First priority supplies: 22 million m3/a Irrigation supplies: 261 million m3/a Afforestation: Area 32 442 ha Runoff reduction 46 million m3/a The first priority supplies include the water required by the Parties for domestic, livestock and industrial use and will be available to the Parties in the rivers subject to the conditions in subArticle(5). The Parties will be allowed to convert some of their agreed irrigation use to first priority use at a conversion factor approved by the TPTC at the time that the need arises. (2) The water use by Mozambique shall not exceed the following in the Incomati, Sabie, Massintonto, Uanetse, and Mazimechopes River catchments: (a) The Incomati River catchment upstream of the Sabie River confluence: First priority supplies: 1,1 million m3/a (up to 87,6 million m3/a-reserved) Irrigation supplies: 29 million m3/a Afforestation: Area Nil. Runoff reduction Nil. The additional reserved water use of up to 87,6 million m3/a is intended for the city of Maputo and will be drawn from the total water available from the further development of the Incomati watercourse. A similar quantity of water is reserved from the Maputo watercourse to provide for wider options of choice. The final details and options to meet the growing water requirements of the city of Maputo and the greater Maputo Metropolitan Metropolit an Area will follow from further studies. These will be recorded by the Parties as an amendment of this Annex in terms of Article 16 of the Agreement after the provisions of subArticle(7) have been complied with. (b) The Incomati River catchment downstream downstrea m of the Sabie River confluence: First priority supplies: 15,6 million m3/a Irrigation supplies: 239 million m3/a Afforestation: Area 25 000 ha Runoff reduction 25 million m3/a (c) The Sabie River catchment: First priority supplies: 0,5 million m3/a Irrigation supplies: 12,0 million m3/a Afforestation: Area Nil. Runoff reduction Nil. (d) The Massintonto River catchment: First priority supplies: 0,7 million m3/a Irrigation supplies: Nil. (e) The Uanetse River catchment: (f) The Mazimchope River catchment: First priority supplies: 0,5 million m3/a Irrigation supplies: Nil. Afforestation: Area Nil. Runoff reduction Nil. (3) The water use by South Africa shall not exceed the following in the Komati, Crocodile, Sabie, Massintonto, and Uanetse River catchments: (a) The Komati River catchment: First priority supplies: 183 million m3/a Irrigation supplies: 381 million m3/a Afforestation: Area 90 233 ha Runoff reduction 99 million m3/a (b) The Crocodile River catchment: First priority supplies: 73 million m3/a Irrigation supplies: 307 million m3/a Afforestation: Area 199 715 ha Runoff reduction 247 million m3/a (c) The Sabie River catchment: First priority supplies: 80 million m3/a Irrigation supplies: 98 million m3/a Afforestation: Area 75 027 ha Runoff reduction 129 million m3/a (d) The Massintonto River catchment: First priority supplies: 0,3 million m3/a Irrigation supplies: Nil. (e) The Uanetse River catchment: First priority supplies: 0,3 million m3/a Irrigation supplies: Nil. Afforestation: Area Nil. Runoff reduction Nil. (4) The water use by Swaziland shall not exceed the following in the Komati River catchment: (a) The Komati River catchment: First priority supplies: 22 million m3/a Irrigation supplies: 261 million m3/a Afforestation: Area 32 442 ha Runoff reduction 46 million m3/a (5) When the TPTC determines that a drought condition exists and that the water use by the Parties as given in subArticles (1), (2), (3) and (4) must be reduced the irrigation use shall be the first to be reduced. This will be followed by reductions in the first priority use and the water for the riverine and estuarine ecosystems only under extreme drought conditions, as determined by the TPTC. (6) The operating rules of the existing dams shall be reviewed by the TPTC from time to time. The operating rules developed by the Parties for those dams in their territory shall ensure that the river losses and the agreed water allocations of the various sectors in the Incomati River Basin, corresponding to the actual land use, can be supplied. The TPTC shall approve the criteria for reducing water use that are included as part of the operating rules. These shall take account of the availability of water and the water requirements in subArticles (1), (2), (3) and (4) the determining criteria defined in Article 1 and the acceptability of restrictions for the first priority and irrigation users and the tolerance of the riverine and estuarine ecosystems to reductions in water supply. Adequate account shall be taken of transmission losses and other return flows. (7) Mozambique shall perform further studies, including environmental impact assessments that also take account of any future transboundary impacts, approved by the TPTC to establish the water requirements of the city of Maputo, the supply capability of its existing sources of water. Mozambique shall notify the Parties through the TPTC of the findings of these studies in accordance with the procedures set out in Article 4(1) of the Protocol and Article 13 of the Agreement to enable the Parties to evaluate the same in own territories and for the TPTC to then recommend to the Parties the portion of the reserved quantity of water shown in subArticles (1) and (2) that is to be admitted in the respective subArticles.