National and International Water Law

Abstract

The exchange of data and information relating to transboundary water resources is widely accepted as being an appropriate starting point for more comprehensive cooperation. This paper examines under what conditions data and information exchange occur in relation to shared water resources, and hence examines when it can be used as a confidence building measure. An overview of several major international river basins together with more detailed case studies of the Mekong. Rio Grande, and Rhine River basins suggest that factors that promote data and information exchange include the presence of compatible needs, absence of legacies of mistrust, increasing water resources stress, perceptions that cooperation is of mutual benefit, external pressure and funding, comparable levels of institutional capacity, popular and political concern about water resources management, and functional formal or informal cooperative arrangements. Analysis of the situation prevailing between Israel and the Palestinians with regard to shared water resources suggests that data and information exchange does not seem likely in the short term, even though other forms of cooperation have been established with mixed results. This suggests that in some situations, at least, data and information exchange relating to shared water resources may not be useful as a first step in establishing more comprehensive cooperation.     

Water Resources and Indicators of Conflict

Abstract

Analysis of current economic and environmental trends reveals increasing competition over access to and use of freshwater resources at the same time that population growth, economic development, and potential climate change are adding stress to those resources. Given these trends, it is hardly surprising that in the policy literature and the popular press the issues of water and conflict are being raised together with increasing frequency. The Transboundary Freshwater Dispute Database (TFDD) project at Oregon State University delineates 261 international river basins. Professionals concerned with security-related issues have an interest in being able to identify which of those basins may be prone to conflict over water resources, from both a perspective of intra-state and inter-state instability and conflict. Having such knowledge allows for the possibility of “preventive diplomacy,” whereby diplomatic intervention prevents the escalation of disputes over shared water resources into violent conflict. Identification of basins prone to water conflict requires a framework that incorporates a wide array of physical, social, economic, and political variables, the implications of these variables at different spatial and temporal scales, and the linkages across scales. This paper proposes a methodology for defining potential indicators of international water conflict and portraying these indicators spatially within a Geographic Information System. Indicators will be defined across multiple scales in a parallel analysis of global and basin attributes. While indicators should be viewed with a healthy skepticism, they still provide value when defined through an effective analytical framework that takes into account the availability and appropriateness of relevant data and information sources.     

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.     

跨界水冲突博弈分析

摘要：基于博弈论和最优化方法,考虑冲突参与人的非合作与合作行为、水资源的量与质、以及河道最小生态需 水要求,建立了二人博弈分析模型。以官厅水库流域张家口市和北京市跨界的水量和水质冲突为例,探讨冲突过 程中参与人决策的相互影响以及达到合作所需要的利益分配格局。研究结果表明：张家口和北京跨界水冲突的均 衡结果是 （非合作, 非合作） 的劣解,为改进到 （合作,合作） 的帕累托最优解,可对合作增加利益的公平分配实现：P=50%水文年型下,均衡结果的上游盈利为8.03亿元/a,下游为0元/a,通过下游给上游的旁支     

State-of-the-art review of transboundary water governance in the Euphrates–Tigris river basin

This article reviews the state of the art of transboundary water governance in the Euphrates–Tigris river basin, which is characterized by both political confrontation and cooperative institutional development. First, research on the physical characteristics of the basin is presented, with references to the literature on large-scale water development projects that underpin transboundary water interactions. Then, contending approaches to transboundary water governance are discussed, with specific references to the evolution of institutions. Finally, bearing in mind that transboundary water governance in the basin occurs in volatile political circumstances, current issues such as control of the water infrastructure by non-state violent actors and protection of water during armed conflict are scrutinized.     

Towards a Middle East at peace: hidden issues in Arab–Israeli hydropolitics

When peace negotiations do one day resume between Israelis and Arabs, shared water resources will again take centre stage, acting both as an irritant between the parties, and as a tremendous inducement to reach agreement. The ‘hidden’ hydropolitical issues that will need to be resolved between Israel, Lebanon and Syria in the course of eventual boundary talks are considered. Two of these issues, the village of Ghajar and its relation to the Wazani Springs, and the possibility of groundwater flow from the Litani to the Jordan headwaters, change the fundamental understanding of the relationship between hydrologic and political claims, and could threaten the entire approach to water negotiations both between Israel and Syria and between Israel and Lebanon. Fortunately, other agreements within the basin can inform the path solutions here might take. The most critical step towards conflict resolution is separating the concepts of territorial sovereignty from water security. This can be done most effectively by offering joint management, monitoring and enforcement strategies, as well as encouraging greater transparency in water data across boundaries.     

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.     

Use of bankruptcy methods for resolving interprovincial water conflicts over transboundary river: Case study of Indus River in Pakistan

Sustainable transboundary water governance is often challenged by conflicts between agents, which necessitates the design of cooperative and self‐enforcing alternatives to facilitate equitable water distribution. A pervasive and critical problem related to many transboundary rivers is that the total allocation or demand of riparian states is usually much more than that of the total available water. This problem is a major cause of disputes, both nationally and internationally. A key challenge concerns how to allocate the available water among riparian states with competing and often conflicting needs under an uncertain supply–demand gap. To address this pervasive allocation problem related to transboundary rivers, the bankruptcy method is used. The bankruptcy method distributes water among riparian states when their total demand exceeds the total available water. We investigate the utility of this method in the Indus River – a river that is shared among the four provinces of Pakistan, namely, Punjab, Sindh, Baluchistan and Khyber Pakhtunkhwa (KPK) – using five commonly used bankruptcy rules and the Shapely value. Two new bankruptcy rules namely the “groundwater‐based rule” and “the proposed rule” are also proposed to address the usage of groundwater: the land affected by salinity and the gross domestic product (GDP) of each province. Additionally, this paper introduces a new method to compare and contrast the bankruptcy rules, the Shapely value and the two proposed rules. The findings suggest that the groundwater‐based rule has the lowest dispersion and is the preferred method for water allocation in the Indus River Basin. The use of the bankruptcy rules, the Shapely value and the two proposed methods has the potential to address the supply–demand mismatches of shared rivers. The proposed framework for selecting the best rule is recommended as an effective tool to facilitate negotiation over practical water allocation within transboundary river basins.     

Situating water in peacebuilding: revisiting the Middle East peace process

Few studies have conceptually discussed the linkage between hydropolitics and peacebuilding. This article critically assesses the problematique of conflict and cooperation in the Jordan River basin and explores the underlying and shared assumptions between functionalist negotiation principles and liberal peacebuilding practices. It analyzes the competing positions among Israelis and Palestinians and revisits the water negotiations in the Middle East peace process. It reveals how technical framing of water cooperation takes precedence, which tends to ignore power asymmetry and the politics of water.     

Interactive management of transboundary waters on the external European Union border.

The paper addresses issues specific to planning of water protection measures in transboundary water basins located on the external European Union border. The case study of the Lake Peipsi/Chudskoe, a large transboundary lake shared by Estonia and Russia, is used to demonstrate issues of management of transboundary waters on the Eastern European fringe. The author emphasizes the importance of managing transboundary water basins located on the EU external borders interactively, i.e., through regular communication and consultation among water experts, decision-makers and stakeholders involved in managing waters on transboundary, national and subbasin levels, and discusses difficulties in, and opportunities for, the interactive management of transboundary waters on the EU external borders.     

Real and Ideal Institutional Frameworks for Managing the Common Arab-Israeli Water Resources

The Oslo A and B agreements of September 1993 and September 1995 were the beginning of a process aimed at a peaceful resolution of the Arab-Israeli conflict. The Israeli-Jordanian Treaty of 1994 addresses issues of water sharing between the two parties. In 1995, Israel and the Palestinians signed an Agreement on Water and Sewage as part of their Interim Agreement. In February 1996, Israel, Jordan, and the Palestinians agreed to a “Declaration of Principles for Joint Development of Water Resources.” The purpose of this paper is to compare the components of the two Agreements with an “ideal” institution for management of shared water resources. The “ideal” institution was formulated by 23 water experts who were interviewed on this issue. The main finding is that in most respects, expert opinions did not differ significantly from the Israeli-Jordanian Treaty of Peace and the Israeli-Palestinian Interim Agreement.     

大连沿海中小流域地下水人工调控研究

分析大连沿海地区中小流域水资源系统的自然特点、开发利用条件及存在的问题,得出:利用汛期排泄入海的大量地表径流,可缓解大连地区供水矛盾.探讨在沿海独立入海流域实施地下水人工调控的内涵,包括必要性、可行性及技术要点等,结合旅顺区三涧堡地下水库实例进行了论证。     

The Mahomet Aquifer

Abstract

Emerging intrastate transboundary issues focus on use of the Mahomet aquifer, which underlies about fifteen counties and many other political entities in east-central Illinois. This sand and gravel aquifer in the lower part of the buried Mahomet Bedrock Valley ranges between four and fourteen miles wide and from about 50 to 200 feet thick. Much of the region's rural population, several large communities, and many small towns obtain water from the Mahomet aquifer, as do industrial, agricultural, and commercial users. Increased development of the Mahomet aquifer to meet growing demands for water has caused conflicts over real or perceived adverse effects. One result has been the creation of fifteen resource protection zones and twelve water authorities. For groundwater supplies, resource protection zones help municipalities protect water-supply wells from potential adverse impacts. Many resource protection zones overlap one another, however, so this situation could lead to disputes over use of the resource. The reason that several of the twelve water authorities were organized was to meet a challenge perceived from a demand to be placed on the aquifer, in other words, a potential for conflict of use. Complicating the situation is that some of the water authorities overlap the resource protection zones. This could lead to disputes not only about water use, but also over which jurisdiction has the authority to settle a dispute. The Mahomet Aquifer Consortium was recently organized by concerned people representing diverse groundwater interests at the local level, including the private sector, professional organizations, and various governmental units. The consortium brings together representatives of some groups that typically did not communicate with each other in the past. The consortium may provide a forum through which emerging transboundary issues pertaining to use of the Mahomet aquifer can be addressed. Because the consortium is a voluntary organization that relies on consensus building, the success it may achieve in resolving future conflicts over groundwater use from the Mahomet aquifer remains to be seen.     

Changing the nature of transboundary water agreements: the Israeli–Palestinian case

This abridged version of the proposal developed for Friends of the Earth Middle East presents the design for an agreement between Israelis and Palestinians to share water in a physically realistic, ecologically sustainable and socially equitable manner. Existing arrangements are, at best, inadequate and, in some cases, counterproductive. The proposal relies upon ongoing monitoring and mediation to achieve equitable and sustainable use. It presents why and how an agreement on water can be reached now, before resolving the full range of issues required in a Final Status Agreement between Israel and Palestine.     

北京地下水水权市场建设问题思考

北京水资源供需矛盾突出,局部地下水处于超采状态,用水结构不断发生变化,且需水量日渐增加。地下水权交易市场的建立可以缓解地下水超采的压力,有效地对水资源进行二次配置,极大地促进社会经济可持续发展。在分析国内外水权交易实践的基础上,结合我国具体的地下水利用特征,分析地下水水权交易过程中值得注意和完善的关键问题,为北京地下水水资源管理和地下水水权交易市场的发展提供参考。     

Challenges and Opportunities for Transboundary Water Cooperation in Central Asia: Findings from UNECE's Regional Assessment and Project Work

This paper provides an overview of topical issues and problems related to transboundary water resources in Central Asia and their management in the light of the Second Assessment carried out under the UNECE Water Convention (2009– 2011) as well as experiences from ongoing projects. The conflict between water use for hydropower and for agriculture, land degradation and negatively impacted ecosystems resulting from reduced flows and degraded water quality, poor condition of the hydraulic infrastructure, and the legacy of pollution all have implications for health, economy, and stability in the region. The outdated legal framework for regional cooperation on shared waters requires improvement to help find sustainable long-term solutions for reasonable and equitable use of shared water resources.     

Sustainable Development of International Waters and their Basins: Implementing the GEF Operational Strategy

If environmentally sustainable development goals are to be achieved for transboundary water resources, fundamental improvements over sector-by-sector development strategies are needed. This article describes the nature of needed improvements as well as lessons learned for multicountry cooperation in managing transboundary water resources. While global agreements, watercourse or basin organizations, and arbitration have fallen short of addressing conflicting priorities, joint institutional arrangements,such as those utilized by the International Joint Commission (Canada and USA), provide opportunities for: (1) creating a neutral ground for building trust among nations; (2) levelling the playing field among small and large nations; and (3) arranging joint mechanisms for working together on shared development of basins without relinquishing a country's sovereignty. The Global Environment Facility is playing a catalytic role in assisting countries in making the transition to comprehensive approaches for addressing transboundary water and land resource issues. The GEF Operational Strategy is described and lessons learned from its first five years are presented with a view to illustrating programmatic opportunities that cooperating nations can utilize for pursuing sustainable development of international waters and their basins.     

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.     

西辽河流域平原区地下水动态补给研究

基于分布式水循环模拟模型MODCYCLE,建立强人类活动影响下西辽河流域水循环模拟模型,量化西辽河平原地下水补给组成,分析地下水动态补给情况及年际、年内变化。分析结果表明：西辽河流域平原区地下水补给以降水入渗补给为主,与年降水量直接相关。随降水减少,降水入渗补给比重减少,河道入渗补给及灌溉回归补给比重增加。地下水补给的年内变化差异较大,且与年内降水分布直接相关。研究结果可为西辽河平原地下水资源可持续开发利用提供依据