Water Rights and Water Allocation between Israel and the Palestinian Authority Sarit Shalhevet

Map and Demographics Israel is about the size of New Jersey; WB & Gaza about the size of Delaware. This lecture will discuss only the West Bank, where the major water resources are located.

Population (thousands, 2004) Israel West Bank * Gaza Strip Jewish population 5,210 409 8 ** Israeli Arabs / Palestinians 1,330 2,400 1,400 Palestinians, Arabs - % *** 20% 85% 99% * Including East Jerusalem. ** 2002 *** Percent of Jewish + Arab population; the total population is slightly larger than the sum of both groups. Sources: Israel Central Bureau of Statistics & Palestinian Central Bureau of Statistics

Main Water Resources The Jordan River Basin - main water resource (shared) The Mountain aquifer in the West Bank & Israel The Coastal Aquifer in Israel Israel controls all water resources since 1967.

Current Situation The Palestinians suffer from water shortages during the summer months as opposed to the abundance of water supply in the Israeli settlements. Israeli settlers pay $0.40 per cubic meter for domestic consumption; the Palestinians pay $1.20. Israeli settlements are connected to the Israeli water network. 10%-20% of the West Bank Palestinians (200,000 residents) are not connected to a water network; 9% buy water from tankers (20% in South WB).

Effect of Water Shortage In the past four years, Israel has put up checkpoints and restricted mobility in the West Bank in response to increasing Palestinian attacks and suicide bombings. The cost of water from tankers increased from $1 per cubic meter up to about $5 per cubic meter. Some households now spend as much as a third of their total family income on water. Very poor residents collect water from the heavily polluted springs or cut back on expenses for other basic commodities to purchase water. In some villages in the summer there’s not enough water for the livestock, and even for meeting basic hygiene and house cleaning water needs.

A Palestinian Village (Talfit)

An Israeli Settlement A large water park in Ma'ale Adumim.  Neighboring Palestinian villages suffer from lack of water.  

Four Ethical dilemmas Does Israel have the right to use the West Bank water? According to International law, it is illegal for an occupying country to exploit the natural resources of an occupied territory. The Palestinians: The Israelis are stealing our water. The Israelis: We have prior use rights (have been using most of the aquifer’s water through our side since 1955).

Who should have control over well-drilling permits? The Israelis: Externalities justify Israel’s control over water management in the West Bank. The groundwater flows from the Mountain aquifer to the aquifers on the Israel side. Over-pumping of the Mountain aquifer will cause seawater intrusion into the Israeli aquifers. Water pollution in the West Bank will pollute Israeli groundwater. The Palestinians: Our land is illegally occupied by Israel; we can be trusted to maintain the quality of our groundwater. In practice, both sides are causing groundwater pollution.

What is the ethical allocation of water? Some of the approaches in international law to water disputes: - “First in time, first in right” (most common approach) - Equal amount per capita - “Equitable share” defined by needs, geographical and hydrological data and alternative sources available * * (According to “equitable share” analysis the Palestinians’ allocation should be at least double their current allocation; this is less than an equal per capita share basis)

Who is responsible for ensuring the water supply? UN & Israeli human rights organization: Since Israel’s actions are causing the water shortage, it is responsible for providing alternative water supply.   Israeli government: Our actions are necessary to defend Israel against terror attacks. It’s the Palestinians’ fault since they refused Israel’s peace offer in 2000.

Principles for an Ethical Solution Should be based on the following four principles: Equal rights to water – equal water per capita allocation. (One of the general approaches to water disputes between nations). 2. Meeting minimum water requirements for all the population should come before other uses. 3. Equal rights for development – Palestinians have the right to the same quality of water network as the Israeli settlements. Equal per capita allocation would mean that the Palestinians have the right to much more than their current share of water, but not a right to all the West Bank water.

4. A country’s right to protect its water resources Externalities justify joint Israeli-Palestinian water management and joint decisions over well drilling (in Palestinian as well as Israeli wells using the same aquifer). The Oslo accords (1993) included an agreement on joint management and planning of the water resources.

5. The country in control is responsible for ensuring basic needs The water shortage is a result of Israeli actions. (This work does not judge whether the measures are essential to Israel’s security or not. ) Short-term conclusion: Operate regional filling stations and ensure water supply to villages without running water, and supply water to the Palestinians at the same price as the price paid by the Israeli settlements.

Summary For more information: http://www.btselem.org/ Problem: Inequitable allocation of water between Israeli settlements and the Palestinians, causing water shortage in Palestinian villages. Solutions: Short-term: Israel is responsible for supplying water at the same price that the settlements pay.  Long-term: Reallocation on an equal per capita basis, giving domestic demand top priority. - Equal investment in water network. - Joint Israeli-Palestinian control of water resources used by both sides (Israeli settlements & Palestinian well drilling). For more information: http://www.btselem.org/