1. Transboundary Groundwaters

2. Examples of transboundary groundwaters Libya, Egypt, Chad and Sudan share the Northeastern African aquifer An aquifer lies under the Rhine river in Europe Jordan, Saudi Arabia, Bahrain and the United Arab Emirates share an aquifer in the Arab peninsula aquifer. United states and Mexico. Israel and Palestinians. In many of these cases groundwater is a vital resource

3. Groundwater in the International law International law association (ILA) 1958 – it is essential to give due regard to all of the interdependent hydrological features of a drainage basin. ILA 1966 - Helsinki Rules define an international drainage basin …. "including surface and groundwater.“ ILA Seoul Groundwater Rules 1986 - a drainage basin must consider the interdependence of "groundwater and other waters, including any interconnections between aquifers...." affirms the premise that groundwater is subject to contemporary international water law.

4. Groundwater in the International law Bellagio Draft Treaty 1988 – Developed out of the U.S Mexico dispute defined "conjunctive use of surface and groundwater" for achieving rational and efficient water use. 1988 Addis Ababa, Ethiopia - advocated for the necessity of a "system approach" to water resource management, "given the interdependence and diversity of the components of the hydrological cycle ” The UN International law commission (ILC) 1991 - defines "watercourses," the unit used to describe the geographic extent …as "a system of surface and underground waters constituting by virtue of their physical relationship a unitary whole...." ILC acknowledged the fact that groundwater is governed by international water law.

5. Groundwater in the International law Surface water laws Acknowledgment of groundwater as an important part of the international law (ILA 1956 And ILA 1966 Helsinki rules) Push for an integrated approach, viewing surface and groundwater as a unified system (Seoul 1986, Bellagio 1988, Addis Ababa 1988 and ILC 1991)

6. Some Questions regarding international law 1.How do transboundary aquifers differ from transboundary rivers? 2.Why is there a need for separate international laws and treaties? 3.Do the same principals (territorial sovereignty, appreciable harm, community of interests, historical rights etc…) apply for groundwater? 4.Can we support the “system approach” with good science? Do we know how to model the “system”?

7. Bellagio Treaty 1988 Came out of the dispute between Mexico and the U.S over the shared aquifers. Revised to a generic form to provide a mechanism for solving disputes regarding transboundary aquifers. An example of a bilateral agreement Main concepts: Control is to be asserted only in zones considered to be critical because withdrawals are exceeding recharge or contamination is threatening groundwater quality. Actual enforcement would be left to the internal administrative agencies of each country with oversight and facilitating responsibility lodged in an international agency.

8. The treaty A joint commission – will carry out the agreement. The commission will have some power to investigate, research and define droughts, emergencies and protection zones. But no enforcement power. Establishment and maintenance of a joint database. Water quality protection – an obligation to preserve groundwater quality. Duty to report polluting discharges. Conservation areas – Defined by the committee, governments can object. Management plans – for each conservation area. Public health emergencies – defined by the commission for a certain time period. Allows the commission to investigate and recommend measures. Planning for drought – defined by the commission and management plans will be prepared. Resolution of disputes – a clear mechanism for solving disputes Does not deal with allocations – does not contradict previous treaties

9. Israel – Palestine transboundary groundwaters Israel and the Palestinians share groundwater sources that are vital to both sides. Israel exercises exclusive control and management 5% of the recharge area lies within the 1967 borders of Israel. ParameterIsraelPalestine Recharge area5%95% Storage area80%20% Domestic use66%34% Industrial use88%12% Agriculture use 86%14%

10. Israel – Palestine transboundary groundwaters Allocation of groundwater (community of interests, historical rights) Contamination prevention (preventing appreciable harm) Storage sharing (community of interests). Transboundary transfers (Israel has more resources while the Palestinians don’t have many options). Lack of shared databases. No joint management plans. Issues regarding shared aquifers:

11. Some questions regarding Israel-Palestine shared aquifers 1.Is the Bellagio treaty a good management approach for the Israeli-Palestinian shared groundwater resources. 2.What modifications need to be made? 3.Is an “international approach” a better solution in cases of countries under dispute?