Groundwater Resources and International Law in the Middle East Peace Process

Abstract

Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the agricultural development and the high water consumption by the Israeli urban sector, leave them without resources necessary for their development as a modern society. Per capita annual renewable freshwater resources in the region is among the lowest in the world. Approximately 600 million m³, or about one-third of the regional fresh groundwater consumption, is annually abstracted from aquifer systems recharged at the uplands of the Upper Cretaceous partly karstified carbonate formations of Judea and Samaria, terrenes often referred to as the West Bank. Israel and the Israeli agricultural settlements established within Judea and Samaria use 495 million m³/year (or 82.5 percent) of the abstracted water, leaving to the Palestinians the remaining 105 million m³/year. Thus, while the recharge zone to the Judean and Samarian aquifer systems are within the territories with an overwhelmingly Palestinian majority, most of the discharge occurs through water wells within the Israeli administration. The situation is reversed in the Gaza Strip, where Israel allows underflow of only 7 million m³/year of groundwater across the border, a less than 10 percent contribution to the nearly 80 million m³/year overdrawn water budget of the area. The issue of water is complicated by glaringly wide disparity in per capita water consumption between the two nations. While lines on the ground may separate two nations with conflicting territorial ambitions, apportioning of groundwater between Israel and the future Palestinian State proves to be one of the most intractable issues in the Middle East Peace Process. Moreover, neither international nor domestic law provides an adequate answer to questions of ownership or rights.     

Management of freshwater systems: The interactive roles of science, politics and management, and the public

Although the global water crisis has been well recognized by both international and national agencies, little progress is being made in the management of this most precious of global resources. All fresh waters are connected with interflow from one water compartment to another. The rates of retention, or overturn, of water in each compartment, namely the atmosphere, rivers, lakes and groundwater, are the major determinants of both freshwater system classification and management strategies. Management implies manipulation to achieve some defined beneficial condition relevant to societal requirements. Three social groups interact directly in the management function, including the scientific, public and political communities. It is only when these three entities function in harmony that comprehensive management of natural systems can truly occur. Political concern over water management and, indeed, all environmental management, is driven by policies largely derived from the influence exerted by many groups and organizations with vested interests in advancing their own purposes or agendas. Once policies are established and implemented by legislation and the bureaucracy, management possibilities and public funding then become focused, and the flexibility to deal with other issues might be largely lost. The pursuit of knowledge through scientific research is a major victim of policy changes and short‐term changes in the priorities of funding allocation. It is now clear that the scientific community and the public need a greater awareness of the manner in which the system functions as a whole, and how they can ensure that their collective opinions are used to greater effect in the determination of public policy and consequent management of freshwater systems.     

Flood Hazard Assessment and Management: Interface with the Public

The understanding of how people evaluate and respond to natural hazards in an urban area, and how this knowledge can be integrated in the planning and management process, are becoming very important elements of a comprehensive and participatory approach to flood hazard management. Such an approach demands a clear comprehension of the processes of the risks perception, causal attribution, possible solutions for the problem and patterns of behaviour developed during hazard situations. The willingness of the public to participate in flood management, and the attitudes to previous initiatives also need to be addressed. The provision of structural flood defences can have a major impact on the environment and there has been an expression of concern by many members of the public for the degradation of river corridors. In this context, it is becoming a commonly accepted practice by central or local governments to submit flood management plans to public discussion. Appropriate techniques for interfacing with the public are necessary to support this upsurge of public involvement. This paper presents results from research on public perception of floods, flood management and participatory initiatives in Setúbal, Portugal. An extensive interview programme was undertaken with residents and shopkeepers – with and without flood experience, professionals responsible for dealing with flood control problems and local authorities responsible for decision-making on flood management. The paper concludes with a number of recommendations for flood hazard management policy making and processes.     

Wastewater Reuse as Means to Optimize the Use of Water Resources in the West Bank

Abstract

The increase in demand for the limited raw water resources in the Palestinian Territories has led to the proposals for use of treated wastewater as one alternative for alleviating water shortages and for optimizing the use of water resources. Wastewater reuse is a multi-discipline and important element of water resources development. Wastewater usage releases high quality water for drinking and other purposes. Quantitative, economic, and social aspects related to wastewater reuse in the West Bank are discussed. Through analyses of the estimated cost and expected water quantities, the paper investigates the economic feasibility of wastewater reuse. Social acceptance is elicited by means of questionnaires, which have been applied to farmers and inhabitants in different areas of the West Bank. Wastewater reuse can compensate for about 10 percent of irrigated agriculture, which contributes 35 percent of the total value of the Palestinian agricultural sector. The paper presents an analysis of the main aspects of wastewater reuse and defines an approach to the beneficial use of wastewater as a component that should be considered in the strategy for the overall management of water resources in the Palestinian Territories.     

Limitations of the Hydraulic Imperative: The Case of the Golan Heights

Water management in the Levant often focuses on a ‘hydraulic imperative’. This was recently illustrated by the peace discussions between Israel and Syria, with their emphasis on the Golan's water. Such a focus limits policy makers to a purely hydrological perspective, and leads to a focus on securing water access and controlling ‘hydrostrategic territories’. This excludes or underestimates other salient issues, and disregards potentially useful managerial-technical solutions. For any peace settlement to be sustainable, a more comprehensive approach is needed, unbound by the single-issue ‘hydraulic imperative’ to better take into account the multifaceted aspects of the water.     

De-nationalization and de-securitization of transboundary water resources: the Israeli–Palestinian case

Many people think of transboundary water in terms of national security. However, water is not, nor is it likely to become, a cause of war. Rather, the need is for water security, which implies that water management must balance the goals of efficiency, equity, sustainability and implementability. This article suggests how a joint management structure for fresh water can be designed to promote ongoing resolution of issues, and do so in a way that de-nationalizes and de-securitizes transboundary water. Though designed with the Israeli–Palestinian case in mind, the approach is applicable wherever water divides rather than unites states or peoples.     

Selected Experiences with Irrigation Management Transfer: Economic Implications

After three decades of rapid increases in investment in irrigation systems, there has been an almost equally dramatic decline in irrigation investment, brought about by relatively low grain prices, rising construction costs and increased concern about the environment. As governments have been forced to reduce their public expenditures, many of them are now instituting programmes to transfer either complete or partial responsibility for management of public irrigation systems to local water users. This paper explores this transfer process in Indonesia, Colombia, New Zealand and Nigeria. From this sample it can be hypothesized that in countries where governments have had the political will to increase water fees to close to the real O&M cost, the process of irrigation management transfer has been smoother. This reflects the fact that water users are encouraged to take over management responsibility in order to reduce water costs. An equally important inducement for water users to accept additional management responsibility is better, more dependable delivery services from irrigation agencies.     

Water Resources Development in the SãTo Francisco River Basin (Brazil): Conflicts and Management Perspectives

Abstract

Water scarcity is matter of growing concern in Brazil, especially in the semi-arid, inland area of the Northeast, where the São Francisco River flows. This paper concentrates on the relations between the concrete experience of water resources development and the remaining demands for efficient water management in that river basin. The emphasis is on its Sub-Middle section, which since 1948 has been the preferential area for irrigation projects and hydropower generation. Recent modifications in the Brazilian legislation provide for a new approach to water resources policy, which is in favor of more decentralized and proactive forms of water management. In spite of such institutional evolution, conservative political groups in the SãTo Francisco River Basin have put obstacles before the transformation of established practices. In addition, there are other structural limitations contributing to hinder the adoption of a more comprehensive framework of water management. Resulting water conflicts have raised increasing demands for proper attention to the social, economic and environmental requirements of the sustainable management of water. The requisites for that go beyond the water question itself because they involve broader political and socio-economic controversies. At the local level, priority must be given to measures aimed at achieving water efficiency and conservation. It is fundamental to address the reduction of human vulnerability to climatic risks and to adopt alternatives of better utilization of water resources     

Transforming participation in water governance: the multisectoral alliances of rural water committees and NGOs in Nicaragua

Abstract

This paper examines new forms of political participation on the part of rural water committees in Nicaragua in the mid-2000s. In particular, it explores the role of multisectoral alliances in facilitating water committees’ (1) physical mobility and political visibility, (2) political and legal capacity-building, and (3) access to state channels of representation. Contributing to theories of social capital, this case reveals a transformation of participation in water governance from locally grounded collective action for water management to engagement in public policy processes. In practical terms, the paper casts lessons for improved water governance via more inclusive policy processes.     

Modeling the Athens water supply system

This paper presents an investigation of a real-world water-resources problem involving both planning and management aspects. The Athens water supply system is studied in order to assist its future operation and the design of alternative system-improving works. The yield of the existing system is first assessed via simulation. Then the risk of system failure to meet the water demand is evaluated for various water demand scenarios and operation policies, with emphasis on the 1989–90 critical situation. Alternative future reservoirs in the Evinos River Basin are studied by testing large number of technical solutions. Uncertainties on hydrology, leakage losses, water demand, and possible damages are taken into account. Finally, a computer programme is developed to assist the water supply policy design for the existing Mornos-Iliki system.     

Hungarian Experiences with Public Participation in Water Management

Abstract

The paper reviews the experience of public participation in water management decisions since the political transition in Hungary. Ongoing practices of public participation are examined through the critical analysis of three cases: (i) the Gabcikovo-Nagymaros dam project which has been known as the source of Europe's longest and most complex transboundary environmental conflict; (ii) the development of water quality legislation by the national government; and (iii) an integrated land use planning project in the region of the Szentendrei-island. Based on the above cases, factors promoting and hindering effective public participation are identified. Key promoting factors include the activity and professionalism of civil society organizations, the financial support provided by international funding agencies and other foreign sponsors, the methodological support provided by professional organizations, and the social learning process taking place in the society. Factors hindering effective public participation include the resistance to public participation on the part of several public officials and planners, the lack of methodological knowledge to manage public participation procedures effectively, the lack of interest and passivity on the part of the public, the lack of trust between various stakeholders, and some recent negative trends in the development of civil society. It is concluded that although the existence of a legal framework, which allows for the possibility of public involvement, is a necessary precondition for comprehensive public participation, but it must be supplemented by other elements that facilitate public participation.     

Transboundary Groundwater Resources of the West Bank

The political boundaries between the Palestinian and Israelismake the water issues critical and sensitive. Groundwater is theprimary source for the Palestinian in the West Bank. Although, there are many studies on the shared surface resources (Jordan River Basin), there are few studies on the groundwater shared resources between the Palestinians and Israelis.There are three primary groundwater basins underlying the West Bank (Eastern, Northeastern and Western Basins) as shown in Figure 1. Both the Northeastern and Western basins are shared between Israelis and Palestinians. The Palestinians have a limited access to the Northeastern Basin and strictly limited access to the Western Basin. In addition to the quantity of available water resources, thequality of water is emerging as a critical issue. Threats to ground water quality include disposal of untreated wastewater, increasing salinity due to agricultural activities and intrusion of native groundwater of poor quality. Widespread use of herbicides and pesticides also represent a threat to drinking water supplies.The Declaration of Principles, signed in Washington D.C in 1993,was a major step toward resolution of the political conflict between the Israelis and Palestinians. However, the water issue is part of the final status negotiations, which still unresolved.As resolution to political conflict is pursued, it is clear that water resources management issues remain at the forefront becauseof the transboundary nature of the hydrologic regime. Cooperative management on the technical level appears to be the only alternative to further conflict and degradation of the region's scare water resources. This article will study the impact of the transboundary resources on both sides and explore some of the most significant groundwater management issues facing both the Palestinians and Israelis.     

Water quality monitoring: the basis for watershed management in the Oldman River Basin, Canada.

The Oldman River flows 440 km from its headwaters in south-western Alberta, through mountains, foothills and plains into the South Saskatchewan River. Peak flows occur in May and June. Three major reservoirs, together with more than a dozen other structures, supply water to nine irrigation districts and other water users in the Oldman basin. Human activity in the basin includes forestry, recreation, oil and gas development, and agriculture, including a large number of confined livestock feeding operations. Based on the perception of basin residents that water quality was declining and of human health concern, the Oldman River Basin Water Quality Initiative was formed in 1997 to address the concerns. There was limited factual information, and at the time there was a desire for finger pointing. Results (1998-2002) show that mainstem water quality remains good whereas tributary water quality is more of a challenge. Key variables of concern are nutrients, bacteria and pesticides. Point source discharges are better understood and better regulated, whereas non-point source runoff requires more attention. Recent data on Cryptosporidium and Giardia species are providing benefit for focusing watershed management activities. The water quality data collected is providing a foundation to implement community-supported urban and rural better management practices to improve water quality.     

Water as a Human Right: The Palestinian Occupied Territories as an Example

This paper deals with water as a human right. It examines several international agreements which refer to water as a human right to review whether these agreements are legally binding to states that signed them and/or became members to them, and whether water is considered in these instruments as a ‘human right’. These documents pertain to both branches of international law, in time of peace and in time of war. The paper then examines the ‘status of water’ in the Palestinian Territories occupied by Israel since 1967 in order to evaluate Israel's attitude towards water in these territories and whether it respected the right of the Palestinian population to their water rights.     

The perceived risk of the Line 5 Pipeline and spills under ice

Using the psychometric paradigm of risk in conjunction with surveys of the Michigan public (n = 638) and a regional planning organization (n = 65), we examine the perceived risk and concerns associated with underwater oil pipelines, the Enbridge Line 5 pipeline in particular, and oil spills under ice. The fate of Line 5 is heavily debated in Michigan, specifically the portion that traverses the Straits of Mackinac, which can be ice-covered for months. Scant literature examines how individuals perceive the risk associated with Line 5, its alternatives, or potential spills in open water or under ice. Here we identify considerable concern regarding both the pipeline and the potential for spills under ice on behalf of the public, and increased concern about spills under ice on behalf of the planning organization. Organization members' concerns are significantly predicted by beliefs about the difficulty in remediating spills, however not by beliefs about spills' likelihood, difficulty in detection, noticeability, or consequences. Our results identify the need to better examine and communicate the risks associated with underwater pipelines and spills, both in open water and under ice, as well as options for remediating oil captured under ice. Furthermore, we recommend the adoption of decision-making and risk governance processes that explicitly expand analysis of the social, economic and environmental tradeoffs of underwater pipelines such as Line 5.     

Social performance in public services delivery: conceptual roots and results for the Portuguese water sector

This study explores the relationship between social performance and the sector providing the water service. The empirical analysis demonstrates that public property, the management model (in this case bureaucracy and municipal corporations), and lower organizational costs for public property and public management models do present higher social performance (lower user prices and higher quality water levels, with exceptions) levels than private firms. Policy implementations are clear: cease private firms' entrance into public services delivery until lower organizational costs, higher quality services and lower user prices are secured. This also raises discussions about neo-bureaucracies as the ideal management model for public services provision.     

Implementing the EU Water Framework Directive: Experiences of Participatory Planning in the Ribble Basin,North West England

Abstract

The Water Framework Directive (WFD) is potentially the most significant piece of water management legislation to be developed by the European Union (EU) in the last forty years. Whilst water legislation is already regarded by many people as the ‘gold plating’ of EU environmental policy, many of the previous regulations and policies have focussed on specific point and non-point source water quality problems and have stipulated stringent standards to be achieved within specified time limits. In sharp contrast, the WFD aims to establish a planning and management framework for sustainable use of water and the ecological restoration of entire river systems, many of which do not fit neatly within the political or administrative boundaries of the Member States. Public participation in planning and management decisions is a key aspect of the WFD. This paper describes the specific requirements of the WFD for public participation and examines their implementation in the Ribble basin in North West England. The Ribble is part of a EU river basin network designed to test the WFD implementation guidelines issued by the European Commission. Particular challenges associated with engaging stakeholders in WFD implementation are highlighted and recommendations for future practice are offered.     

Towards a Human Rights Approach to Water in Lebanon: Implementation beyond ‘Reform’

This paper examines what it means for Lebanon to adopt a human rights approach to water. Experts agree that there is a crisis in the water sector, with the poor suffering disproportionately in terms of access to, availability and quality of water. The paper details the gap between Lebanon's political acceptance of water as a human right, and its implementation. It suggests that the civil war, Israeli occupation and mismanagement reduced Lebanon's capacity to ensure an adequate water and sanitation services to its citizens. A lack of political will due to clientalist and sectarian considerations in public policy, ineffective public participation and tension over transboundary water resources have further intensified this problem and has led to the continued dominance of traditional security considerations in water policy. The paper asserts that the main goals set by the current reform process of the water sector address important capacity issues, such as efficiency gains and cost recovery, but do not signal a political shift towards a human rights-based approach.     

Characteristics and functions of water institutions

This article outlines the history of legislation in Japan covering the range of issues connected with the control and use of water resources. The legal aspects of flood control are first discussed, and the conflict between public and private rights examined. The legal and actual status of rights to water use are next considered; it is noted that groundwater use has posed particular problems. Thirdly, recent innovations in environmental policy are described; these concern the protection of water quality and quantity, and more recently the aesthetic aspect of riverine environments. Appendices provide a chronology of Japan's recent history as it concerns water use, and a summary of the themes and objectives of new water policies.