The Israeli-Palestinian Case with an International Perspective
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Natural Resource Managementand Policy Ar/el Dinar and David Zilberman, Series Editors Management of Shared Groundwater Resources: The Israeli-Palestinian Case with an International Perspective edited by Eran Feitelson Marwan Haddad International DevelopmentResearch Centre (IDRC) and RiuwerAcademic Publishers MANAGEMENT OF SHARED GROUNDWATER RESOURCES: The Israeli-Palestinian Case with an International Perspective MANAGEMENT OF SHARED GROUNDWATER RESOURCES: The Israeli-Palestinian Case with an International Perspective Edited by Eran Feitelson and Marwan Haddad The Truman Institute for the Advancement of Peace, The Hebrew University of Jerusalem and The Palestine Consultancy Group KLUWER ACADEMIC PUBLISHERS BostonlDordrecht/London INTERNATIONAL DEVELOPMENT RESEARCH CENTRE Ottawa — Cairo — I)akar — Johannesburg — Montevideo — Nairobi — New Dcliii Singapoic Library of Congress Data A C. Cataheue for oiis hook re is avaiJahc from the I ihra'o! C ong'ess Canacian ntaogung a PUbICaIiOn Data Main entr undcr toic of shared Management gr.rundweier resources, the israeli-Paiestiniarcase with an international perspective Co published by Kiuwer Academic Publishers. Includes bibliographical references. ISBN 0-88936-912-7 Water resources de\elopment Israel, 2. Water resources development Palestine. 3. Groundwater — Management -- Israel. 4. Groundwater Management - Palestine, 5. Water resources development Case Studies, 6. Groundwater Management . Case Studies, I. Feitelson, Eran, 1956- II. Haddad, Marwan, 1950- III. International Development Research Centre (Canada) HD1698.175 2000 331.910415095694 C00-980416-t International Development Research Centre 2000 P0 Box 8500, Ottawa, Ontario, Canada K1G 3H9 http: //www. idrc ca/books! All reserved. No rights part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or or by any means, mechanical, photo- copying, recording, otherwise, without the prior written permission of the publisher, Kluwer Academic Publishers, 101 Philip Drive, Norwell, Massachusetts 02061 Assinippi Park, Publishedin hardcover by Kiuwer Academic Publishers 101 Philip Drive, Assinippi Park, Norwell, MA 02061, USA http: //www.wkap .ni Printed on acid-freepaper in the United Statesof America Contents Preface ix Introduction xi EJ Fiii lISON & MARWAN I IADJ)AD Part I: THE PROBLEMS ANt) APPROACHESTO GROUNDWATER MANAGEMENT I lie Manacemetit of Shared Aq iiifers MARWANHADoj). ERAN FEiTi:!soN & SHAIJI, AR! OSOROFI 'Flie Islam Ic Approach to the Environment and Sustainable Groundwatei-Management 25 MARWAN 1-IADDAI) Part It: THE ISRAELI-PALESTINIANCASE Overview ofthe Mountain Aquifer 43 YOAV HAROAZ. MARWAN HADDAD& SiiAUi, ARLOSOROFF Water Resource Manaenient in Israel 57 SilAt L AiuoS( )RO1 F The Need for Joint Management and Monitoring olthe Water "Usage" C'cle 75 K/1FN Ass\i vi C 'onlenis The Turonian—CenomanianAquifer 83 YONA KALlANE Legal and Administrative Responsibility ofDomestic Water Supply to the Palestinians 107 TAllER NASSEREDDIN Israeli-Palestinian Bargaining over the Mountain Aquifer 11 5 SINALA NETANYAHU,R1c111\RD E. JusT & JOHN K. HoRowiTz Part III: INTERNATIONALEXPERIENCE IN CROSS-BOUNDARYMANAGEMENT AND ALLOCATION OF WATER RESOURCES From Rights to Needs 133 AARON I. WOlF Institutional Cooperation on Groundwater Issues 167 CAREL. DE VILLENEUVE Centralized vs. Decentralized Approaches to Groundwater Management and Allocation in the Context ofOverdevelopment 177 GREGORY A. THOMAS The Evolving International Law ofTransnational Aquifers 209 JOSEPH W. DFLLAPENNA Water Rights 259 MIGIJII. SoI..\Nl: Droughts, Crisis Mangement and Water Rights 285 ARlFl, DINAR Part IV: MONITORING, MODLING AND DATA COMPILATION AS PREREQUISITES FOR GROUNDWATER MANAGEMENT From MonitOringand Modeling to Decision Support Frameworks for the Joint Management of Shared Aquifers 303 JAc A.M. VAN DERGuN Contents vii Hydrological Planning Aspects ofGroundwater Allocation 323 YOAV HARPAZ The Potential of GIS in Water Management and Conflict Resolution 329 JAD ISAAC & MAHEROwEwl Part V: ISSUES AND INOVATIVE OPTIONS FOR GROUNDWATER MANAGEMENT AND ALLOCATION The Use of Economic Instruments for Efficient Water Use 349 SIEVELONERGAN Water Markets, Water Rightsand Strategis for Decentralizing WaterManagement 363 K. WILLIAMEASTER & ROBERT HEARNE Water Demand Management 385 DAVID B. BROOKS Water Rights within a Water Cycle Framework 395 ERAN FEI The Legal Framework of Joint Management Institutions for Transboundarv Water Resources 407 EY\L BENVENISTI Crisis Management 429 ISMAIL NAJJAR Land Use Management in the Context ofJoint Management of Shared Aquifers 445 NUMAN MIZYED Part VI: AN ACTION PLAN FOR THE MANAGEMENT OF SHARED GROUNDWATERRESOURCES A Sequential Flexible Approach to the Mangement of Shared Aquifers 455 ERAN F[ITEISON & MAR WAN HADDAD ii Con/en/s A Porposed Agenda fbr Joint Israeli—Palestinian Mangement of Shared Groundwater 475 MAI\vAN HADDAD, ERi\N FEirimsoN, SHAULARLOSOR0FF & TALlER NAssiFI)I)lN List of Contributors 495 Preface Most of the world's freshwater resources in liquid state (i.e. not in glaciers and polar caps) are underground. As the population gro\s and demand for water rises the reliance on groundwater increases. Many parts of the world already rely on groundwater. In many cases the groundwater underlies boundaries, or is part of a hydraulic system that crosses boundaries. Iii such cases there is always the daiiger that the "prisoner's dilemma" will run its course and all parties will compete over who will pump the most water, ultimately destroying the storage potential to the detriment offuture generations ofall parties based on the groundwater. This book explores the options and means for averting this all too realistic scenario by managingthese shared groundwater resources. Nowhere is the likelihood of excessive use of groundwater greaterthan in the ater scarce Middle East, and especialb in the Israeli-Palestinian case. Here both sides arc heavily reliant on a shared aquifer, the Mountain aquifer. and are embroiled in long standing highly complex feud. Many see this conflict over the Mountain Aquifer as a major obstacle for peace between Israelis and Palestinians. This book is the outcome of a seven year effort to find ways to manage the Mountain aquifer, perhaps the most important resource shared by Israelis and Palestinians. As part ofthis cooperative study four workshops were held, in which a selected number of Palestinian, Israeli and foreign experts were invited. Most of the chapters in this book were originally presented in one of these workshops. To these papers introductory and concluding chapters were added. Essentially, these additional chapters set the scene of the study and advance the main points raised in the final report ofphase two of the study. The study was conducted under the auspices of the Truman Institute for Advancement of Peace at the Hebrew University of Jerusalem and the Palestine Consultancy Group. Sari Nusseibeli. Dan Bitaii, Moshe Maoz. x M Haddad & F. Feitelson Arnnon Cohen and Edi Kaufman gave the continuingleadership as directors and deputy directors of these bodies. Issa khater and Idit Avidan facilitated all the meetings and administrative matters. This study began before anybody could guess the twists and turns the peace process will take. We have experienced them all. Continuing this project through many difficult periods, as well as short time periods of elation, has made us and our colleagues, Shaul Arlosoroff and Taher Nassereddin from mere co-researchers to partners in what turned out to be a long, difficult voyage into uncharted water. It soon became obvious to us that the experience with shared groundwater is so meager that we'll have to come up with new and innovative options. In this book we present the highlights of ourjourney. We present the context, the most important views we heard along the way and the conclusions we reached. These pertain first and foremost to ourselves, Israelis and Palestinians. However, as we realized some time ago they could be of great use to people in other places who will sooner or later face the same predicaments we face today. It is our hope that this book may help them shorten theirjourneys. The study was funded by the International Development Research Centre (JDRC) of Canada and the Charles R Bronfman Foundation. We are niost grateful to David Brooks of the IDRC not only for his support, hut also for his active interest and participation in this study throughout. Supplementary funds were provided by the Dialogue Fund of the Government of Canada and the Jewish Community Foundation of Los Angeles. We are grateful to all. Needless to say none but the authors bear any responsibility for the ideas and views expressed in this book. In bringing this book for print we were greatly assisted by Lisa Perlman, who helped make the often convoluted prose into a readable text and Anat Segev who prepared the camera ready manuscript for publication. While the main highlights ofthe journey are presented herein, the ideas expressed in the chapters, and particularly our concluding recommendations, benefited greatly from the discussions with all participants in the four workshops. We would like to thank, therefore, all the participants in the workshops and along the way. Finally, we would like to dedicate this book to our wives, Rachel and Hana, who always supported our work in innumerable ways. Frau Feilelson auicl Mans'cm Jk,cIdad March 2000 Introduction Eran Feitelson & Marwan Haddad College o/ Lngineering,. iii-\ijali .\ational