Water Legislation, Water Wisdom Preparing The
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WATER WISDOM: Preparing the Groundwork for Cooperative and Sustainable Water Management in the Middle East Editors: Professor Alon Tal Dr. Alfred Abed- Rabbo September, 2008 Table of Contents Preface……………………………………………………………………………….. 2 1. Introduction to Israeli and Palestinian Water Resources: Alon Tal / Amjad Aliewi…. 6 Editors’ Summary of Workshop Discussion…………………………………………. 40 2. Past Water Agreements and their Implementation, : Anan Jayousi/ Dorit Kerret ….. 46 Editors’ Summary of Workshop Discussion………………………………………… 74 . 3. The Water Culture of Israelis and Palestinians: Ziad Abdeen / Clive Lipchin …….. 77 Editors’ Summary of Workshop Discussion………………………………………. 89 4. Water Legislation: Hiba El-Husseini / Marcia Gelpe .............................................. 92 Authors’ Summary of Workshop Discussion……………………………………… 120 5. Groundwater Management: Karen Assaf / Dror Avisar ………………………….. 125 Editors’ Summary of Workshop Discussion…………………………………….. 155 6. Stream Restoration: Avital Gasith, Yaron Hershkovitz / Nader el-Khateeb ….. 157 Editors’ Summary of Workshop Discussion…………………………………. 186 7. Drinking Water Standards: Alfred Abed Rabbo / Ramy Halperin ………….. 190 Editors’ Summary of Workshop Discussion………………………………. 213 8. Sewage Treatment: Yossi Inbar / Khalil Tubail …………………………… 216 Editors’ Summary of Workshop Discussion……………………………… 236 9. Agriculture and Water: Said Assaf / Alon Ben Gal p. …………………….. 239 Editors’ Summary of Workshop Discussion……………………………… 277 10. Desalination: Nahed Ghbn / Yaakov Garb ………………………………. 282 Editors’ Summary of Workshop Discussion…………………………… 305 11. The Jordan River Nancy Rumman / Reuven Laster…………………… 307 ` Editors’ Summary of Workshop Discussion…………………………… 324 12. Gaza’s Water Situation: Yousef Abu Mayla / Eilon Adar ……………. 326 13. Citizen Involvement: Iyad Burdeineh / Gidon Bromberg, Lucy Michaels / Naama Theshner 341 14. The Role of Third Parties in Conflict Resolution: Robin Twite ……………… 356 15. Cooperative Water Management Strategies, Eran Feitelson / Marwan Haddad … 371 2 PREFACE For too long the professional literature characterizing the conflicts between Israelis and Palestinians over water issues has suffered from the twin transgressions of excessive generalization and alarmism. Books and articles did not engage experts on the two sides and encourage them to systematically identify those areas about which they agree and disagree. There has been an unfortunate shortage of focused academic frameworks in which to explore pragmatic solutions to overcome existing controversies. Only when differences are clearly mapped can they can be addressed. Indeed, sometimes, when the two positions are laid side-by- side, there is less discord than originally anticipated. At the same time, there has been no shortage of academics, politicians and diplomats who broadcast disquieting and defeatist scenarios about the conflict that emerge from the region’s growing water scarcity. “ The next Middle East war will be fought over water ” is a commonly heard platitude. But we believe this perspective to be simplistic and detached from the actual dynamics in the field. As friends and colleagues who have worked together in the field of water science and policy for over a decade, we are more optimistic. The Palestinian and Israeli experts who join us in this book agreed to increase the level resolution regarding the water management challenges that they face. Each of the central areas that make up the heart of the “water conflict” is addressed in a chapter by an authority from each side. These dispassionate “twin” analyses enable us (and readers) to better consider the specific areas of dispute and agreement. Our work as editors and mediators who seek to say something constructive and new was made much easier after we convened a gathering of the authors in Amman Jordan in May, 2008. Draft chapters were presented and an informal, but intense practical discussion ensued about the implications of the two positions. Based on the dialogue and the ideas which arose, we offer a series of summaries on each subject that constitute a consensus about the present situation and what a comprehensive accord needs to contain so that water might constitute a catalyst for cooperation rather than conflict. In the final chapters, common visions of cooperative institutional and management frameworks are set forth by Palestinian and Israeli experts in single chapters about the role of NGOs in resolving water conflicts and joint management frameworks. Given their long-time involvement in the field, 3 discussions in Amman benefited from the individual perspective of retired British diplomat, Robyn Twite and Professor Hillel Shuval. An underlying theme of all chapters in this book is that while there are many acute hydrological problems, solutions are at hand. Technological alternatives, models for joint water management and public policies exist. There is no reason why an adequate supply of high quality water cannot be available to both Israelis and Palestinians. This book offers a blueprint for cooperation, pragmatism and ultimately sustainable water management. From stream restoration to ground water management, from the Jordan River to the aquifer in Gaza, from desalination to wastewater reuse – this book provides an update of where we are – and where we might go. Resolving existing Palestinian/Israeli tensions over water issues must begin with a focus on water allocation and supply. The average per capita consumption of 50 liter per day in the West Bank and the 13 liter per day per capita (suitable for drinking purposes) in Gaza is unacceptable places constant pressure on the stability the socio-economic future of the Palestinians. Without a sufficient and safe supply of water it will be difficult to ensure a stable future for the emerging Palestinian State. Finding additional water sources constitutes a core political issue in the final status negotiations for Palestinians and Israel is highly aware of this. Indeed, the “Oslo Accords” established only an interim arrangement for water allocations, leaving ultimate division of shared water resources as an issue for negotiations in the final accord. This was reiterated at the 2007 Annapolis peace talks. Palestinians have consistently held that water rights should be resolved according to principles of international law which presumably would guarantee sufficient quantities and grant sovereignty to Palestinians to utilize and control their water resources. Given the amorphous nature of existing international principles, and such concepts as the “reasonable and equitable share of water resources” or its “beneficial uses” -- it is not clear whether international legal instruments provide sufficiently clear direction for the kind of resolution that a final agreement will need to provide. Negotiations will need to take a more pragmatic approach to water quantities, as they did in the peace accord between Israel and Jordan. 4 The growing gap between the supply and needs of Palestinian communities makes additional conventional and non-conventional water resources essential. The availability of low- cost desalination changes the “zero-sum game” dynamics that characterized discussions in the past. The 1995 agreement on water between Israel and Palestinians was made before desalination became a central part of Israeli water supply strategy. But the change constitutes an historic opportunity. Effluent reuse, water conservation and efficiency measures are already part of present accepted practices and must be expanded. Water quality issues are likely to be less divisive as the sides seek a final accord. The lack of sanitation services, poor management of sewage and solid waste, overzealous application of fertilizers and pesticides along with the over-extraction of water contribute to the polluting of the springs, streams and aquifers of both parties. This chronic pollution has led to the decommissioning of many wells taking its toll on the limited water resources in Israel and Palestine, The environmental damage serves to exacerbate existing gaps between water supply and demands. Accordingly, joint management frameworks constitute a “win-win” dynamic and offer an opportunity to enhance the sustainable development and protection of water resources on both sides of the border. Of paramount interest for both sides is the matter of sewage and infrastructure. Wastewater treatment is an essential element in alleviating pollution to Palestinian water resources, improving their quality of life and expanding the available water for irrigation and stream restoration. But sewage treatment is not only a technical/engineering challenge, but needs to be addressed in a holistic approach that takes into consideration, institutionalization of wastewater treatment, technologies and system maintenance as well as reuse strategies for agriculture along with promulgation and implemention of regulations. In Israel, beyond continued progress in reducing discharges from factories and municipal sewage systems, nonpoint sources of pollution, especially from agricultural and urban storm runoff have not been systematically addressed heretofore. Gas stations have also emerged as a major source of groundwater contamination. 5 In short, there is the full menu of water issues that are addressed in the chapters of this book. We have tried to put together a volume that is both scientifically precise, but accessible to readers who are not hydrologists are scientists working in the field. The importance of cooperation is not