MANAGEMENT OF SHARED GROUNDWATER RESOURCES: The Israeli-Palestinian Case with an International Perspective NATURAL RESOURCE MANAGEMENT AND POLICY Editors: Ariel Dinar David Zilberman Rural Development Department Dept. of Agricultural and The World Bank Resource Economics 1818 H Street, NW Univ. of California, Berkeley Washington, DC 20433 Berkeley, CA 94720 EDITORIAL STATEMENT There is a growing awareness to the role that natural resources such as water, land, forests and environmental amenities play in our lives. There are many competing uses for natural resources, and society is challenged to manage them for improving social well being. Furthermore, there may be dire consequences to natural resources' mis management. Renewable resources such as water, land and the environment are linked, and decisions made with regard to one may affect the others. Policy and management of natural resources now require interdisciplinary approach including natural and social sciences to correctly address our society preferences. This series provides a collection of works containing most recent findings on economics, management and policy of renewable biological resources such as water, land, crop protection, sustainable agriculture, technology, and environmental health. It incorporates modern thinking and techniques of economics and management. Books in this series will incorporate knowledge and models of natural phenomena with economics and managerial decision frameworks to assess alternative options for managing natural resources and environment. We witness lately statements about water wars. At the same time we observe efforts to demonstrate the value of cooperation from sharing water resources, and the possible institutional arrangements to support a joint management of shared water. This book is an example of such efforts. It focuses on possible arrangements for joint management of the Mountain Aquifers underlying the West Bank and Israel, and extrapolate to include other cases of joint management of groundwater in other international setting. The Series Editors Recently Published Books in the Series Spulber, Nicolas and Sabbaghi, Asghar: Economics of Water Resources: From Regulation to Privatization, Second Edition Bauer, Carl J.: Against the Current: Privatization, Water Markets, and the State in Chile Easter, K. William, Rosegrant, Mark W., and Dinar, Ariel: Markets for Water: Potential and Performance Smale, Melinda: Farmers, Gene Banks, and Crop Breeding: Economic Analyses of Diversity in Wheat, Maize, and Rice Casey, Frank, Schmitz, Andrew, Swinton, Scott, and Zilberman, David: Flexible Incentivesfor the Adoption of Environmental Technologies in Agriculture 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 ~. " SPRINGER SCIENCE+BUSINESS MEDIA, LLC Library of Congress Cataloging-in-Publication Data Management of shared groundwater resources : the Israeli-Palestinian case with an international perspective I edited by Eran Feitelson and Marwan Haddad. p. cm. --(Natural resource management and policy) Includes bibliographical references. ISBN 978-94-010-3867-6 ISBN 978-94-010-0680-4 (eBook) DOI 10.1007/978-94-010-0680-4 1. Groundwater--Israel--Management. 2. Groundwater--Palestine--Management. 3. Aquifers--Israel. 4. Aquifers--Palestine. 5. Groundwater--Management--International cooperation. 1. Feitelson, Eran, 1956- II. Haddad, Marwan, 1950- III. Series. TD313.175 M36 2001 333.91 '04'095694--dc21 00-053089 Copyright @ 2001 Springer Science+Business Media New York Originally published by Kluwer Academic Publishers,New York in 2001 Softcover reprint of the hardcover 1s t edition 2001 AlI rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, mechanical, photo copying, recording, or otherwise, without the prior written permission of the publisher, Springer ScÎence+ Business Media, LLC Printed on acid-free paper. Contents Preface ix Introduction XI ERAN FEITELSON & MARWAN HADDAD Part I: THE PROBLEMS AND APPROACHES TO GROUNDWATER MANAGEMENT The Management of Shared Aquifers 3 MARWAN HADDAD, ERAN FEITELSON & SHAUL ARLOSOROFF The Islamic Approach to the Environment and Sustainable Groundwater Management 25 MARWAN HADDAD Part II: THE ISRAELI-PALESTINIAN CASE Overview of the Mountain Aquifer 43 YOAV HARPAZ, MARWA N HADDAD & SHAUL ARLOSOROFF Water Resource Management in Israel 57 SHAUL ARLOSOROFF The Need for Joint Management and Monitoring of the Water "Usage" Cycle 75 KAREN ASSAF vi Contents The Turonian-Cenomanian Aquifer 83 YONAKAHANE Legal and Administrative Responsibility of Domestic Water Supply to the Palestinians 107 TAHER NASSEREDDIN Israeli-Palestinian Bargaining over the Mountain Aquifer 115 SINAIA NETA NY AHU, RICHARD E. JUST & JOHN K. HOROWITZ Part ITI: INTERNATIONAL EXPERIENCE IN CROSS-BOUNDARY MANAGEMENT AND ALLOCATION OF WATER RESOURCES From Rights to Needs 133 AARONT. WOLF Institutional Cooperation on Groundwater Issues 167 CAREL DE VILLENEUVE Centralized vs. Decentralized Approaches to Groundwater Management and Allocation in the Context of Overdevelopment 177 GREGORY A. THOMAS The Evolving International Law of Transnational Aquifers 209 JOSEPH W. DELLAPENNA Water Rights 259 MIGUEL SOLANES Droughts, Crisis Mangement and Water Rights 285 ARIEL DINAR Part IV: MONITORING, MODLING AND DATA COMPILATION AS PREREQUISITES FOR GROUNDWATER MANAGEMENT From Monitoring and Modeling to Decision Support Frameworks for the Joint Management of Shared Aquifers 303 JAC A.M. VA N DER GUN Contents VII Hydrological Planning Aspects of Groundwater Allocation 323 YOAVHARPAz The Potential of GIS in Water Management and Conflict Resolution 329 JAD ISAAC & MAHER OWEWI Part V: ISSUES AND INOVATIVE OPTIONS FOR GROUNDWATER MANAGEMENT AND ALLOCATION The Use of Economic Instruments for Efficient Water Use 349 STEVE LONERGAN Water Markets, Water Rights and Strategis for Decentralizing Water Management 363 K. WILLIAM EASTER & ROBERT HEARNE Water Demand Management 385 DAVID B. BROOKS Water Rights within a Water Cycle Framework 395 ERAN FEITELSON The Legal Framework of Joint Management Institutions for Transboundary Water Resources 407 Ey AL BENVENISTI Crisis Management 429 ISMAIL NAJJAR Land Use Management in the Context of Joint Management of Shared Aquifers 445 NUMAN MIZYED Part VI: AN ACTION PLAN FOR THE MANAGEMENT OF SHARED GROUNDWATER RESOURCES A Sequential Flexible Approach to the Mangement of Shared Aquifers 455 ERAN FEITELSON & MARWAN HADDAD VIII Contents A Porposed Agenda for Joint Israeli-Palestinian Mangement of Shared Groundwater 475 MARWAN HADDAD, ERAN FEITELSON, SHAUL ARLOSOROFF & T AHER NASSEREDDIN 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 grows 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. In such cases there is always the danger 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 of future generations of all parties based on the groundwater. This book explores the options and means for averting this all too realistic scenario by managing these shared groundwater resources. Nowhere is the likelihood of excessive use of groundwater greater than in the water scarce Middle East, and especially in the Israeli-Palestinian case. Here both sides are 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 of this 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 of phase 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 Nusseibeh, Dan Bitan, Moshe Maoz, x M Haddad & E. Feitelson Amnon Cohen and Edi Kaufman gave the continuing leadership as directors and deputy directors of these bodies. Issa khater and Idit Avidan facilitated alI 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 welI as short time periods of elation, has made us and our colIeagues, 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'lI have to come up with new and innovative options. In this book we present the highlights of our journey. 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 their journeys. The study was funded by the International Development Research Centre (IDRC) of Canada and the Charles R Bronfman Foundation. We are most grateful to David Brooks of the IDRC not only for his support, but 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 of the journey are presented herein, the ideas expressed in the chapters, and particularly our concluding recommendations, benefited greatly from the discussions with alI 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. Eran Feitelson and Marwan Haddad March 2000