3. Related Cases: Israel-Jordan water dispute

1. The Issue
Shortage of water is perhaps the most crucial environmentaland development problem in Israel. The water deficit isexacerbated by the deteriorating quality of water resources due todemographic, industrial, and agricultural pressures. This casefocuses on the agricultural pressures, particularly with respect toexports, contributing to the depletion and degradation of Israel'swater resources. Since there is no current regional agreement, thepotential for future claims by environmental groups or borderingcountries definitely exists. Conflicting claims, given the alreadyexisting political problems in the area, could lead to violence.2. Description The problem of water in Israel is not a legal issue, butrather one of circumstance. Israel's water sources are limited bythe country's geography, geology and climate. This shortage can bereflected in Israel's per capita water potential, 350 cubic meters(m3) per annum, among the lowest in the world. In comparison, thewater potential in the United States is about 100 times larger. Of Israel's neighboring states, only Jordan can claim a lowerwater potential. Agriculture has historically been a very important sector ofthe Israeli economy. The share of agricultural production inIsraeli GNP declined from 11 to 5 percent between 1950 and 1991 andthe proportion of agricultural exports decreased from 60 to 4percent of total exports. But the absolute increase in exportsrose dramatically from $20 million to $666 million in that period. Since Israel's independence in 1948, area under cultivation hasincreased from 408,000 acres to 1.1 million acres, and the numberof agricultural communities risen from 400 to 725. Furthermore, anintegrated network of pumping stations, reservoirs, canals andpipelines (known as the National Water Carrier) transfers waterfrom the north to the semi-arid south. This has led the amount ofirrigated farmland to increase from 74,000 acres in 1948 to 630,000acres today. To meet demand, Israeli agriculture accounts forabout 70 percent all water consumed in the country. Israel is seriously committed to application-orientedresearchand development, augmented through cooperation between governmentalagencies, academic institutions and cooperative bodies. Researchand development advancements have produced innovations such aswater saving drip irrigation, higher yielding plant genetics andarid-zone cultivation all of which have dramatically improvedefficiency in the agricultural sector. Israel now exports thisexpertise to other arid and semi-arid countries. The driving force behind these technological advancements hasbeen the high earning potential of agricultural exports. SinceIsrael is self sufficient in most of its agricultural products,almost all new agricultural development is directed towards export.Taking advantage of high economies of scale, Israel's farmersderive half of their income from agricultural exports by focusingon items such as flowers, avocados, out-of-season vegetables andcertain exotic fruits are produced specifically for export. Israel's varied climatic, topographical, and soil conditionsallows for great diversity among Israel's agricultural produce.Most export earnings come from cut flowers (31 percent), but citrus(27.5 percent) is the country's oldest export sector and continuesto be the largest sector for Israeli food products (terrorists"spiked" Isreali oranges with cyanide in exports to theNetherlands). Israel's other main agricultural exports are fieldcrops, fruit, livestock and produce, and vegetables. Intensive agricultural development combined with pervasivewater scarcity has led to the degradation of Israel's waterquality. About one-third of Israel's population and major portionsof its industry and agriculture are concentrated in the regionoverlying the coastal aquifer. Chemical and microbial pollutants,salination, nitrates, heavy metals, fuels and toxic organiccompounds all threaten to contaminate the aquifer. Though some ofthese contaminants are a result of natural causes, the problemsseem to be exacerbated by agricultural usage. In the last 20 years, chloride concentrations in the coastalaquifer have increased on average from 100 mg/liter to 155mg/liter. The problem is compounded by the import of saline waterfrom the Sea of Galilee for irrigation as well as ground waterrecharge and the use of effluents for irrigation. The salinitylevel of the coastal aquifer endangers such crops as citrus,avocado, vegetables and flowers. By 1992 it was estimated thatabout 20 percent of the wells in the coastal aquifer would reach asalinity level exceeding 250 mg/liter, unsuitable for agriculturalirrigation. Nitrate concentration is a special problem. In the coastalaquifer, nitrates have considerably grown due to intensive use offertilizers in agriculture. Nitrate pollution also results fromthe use of treated effluents for irrigation. Over the past twodecades nitrate concentrations have doubled and will continue torise, further complicating the problem. As the coastal aquiferbecomes less usable, added pressure is placed on the otheraquifers, increasing the potential for future problems. As noted above, technological innovations have greatlyincreased crop yields and water efficiency. In addition,substantial progress has been made in the area of waste watertreatment and re-used. Today approximately 70 percent of effluentsare treated and reused. This has tremendous positive potential foragriculture. In the search for new water sources, effluentsconstitute the easiest available and cheapest source of additionalwater. Currently over 70 percent of all treated waste water isreused in agriculture. By the year 2000 this will amount to over400 million m3, greatly easing the strain on fresh water resources. Different administrative and legislative measures have alsobeen taken to help ease the impact on water. Several committeeshave been recently formed, under the auspices of the Ministry ofAgriculture, to supervise the country's water supply. Measurestaken include setting water quotas, determining prices andinitiating supply enhancing projects. Furthermore, the economicprofitability of each crop is now assessed according to itsefficient use of water -- income per water unit -- as opposed toper acre or labor as used in the past. Thus, high water consumingcrops, such as cotton, have been eliminated if they do not yield ahigh return. Some legislative measures have been taken to regulate theamount of contaminants in the water supply. The Water Law of 1959is the principal law regulating the flow of pollutants into thecountry's water ways. The Water Law was amended in 1971 and againin 1991: the former to include prohibitions against direct orindirect water pollution, the latter to facilitate more effectiveenforcement through stiffer fines and obligatory clean up measures.More recently the Ministry of the Environment has preparedregulations on effluent irrigation, limiting nitrate concentrationsin irrigation of areas overlying the northern and central parts ofthe coastal aquifer. 3. Related Cases Keyword Clusters (1): SIC = AGRICultural (2): Bio-geography = DRY (3): Environmental Problem = WATER4. Author: Gil BindelglasB. LEGAL Clusters5. Discourse and Status: DISagreement and INPROGress Though there are no formal international or regionalagreements covering water issues, negotiations over water extendforty years. In the 1950s and 1960s, several plans were introducedto help allocate the water between the riparian users (the mostfamous of which was proposed by the American mediator EricJohnston). Unfortunately, political considerations usuallyprecluded any regional water allocation agreements from beingimplemented. Today, negotiations over water are being discussed inthe multilateral track of the Middle East peace talks whichencompasses such issues as water, trade and the environment. 6. Forum and Scope: ISRAEL and UNILATeral The Water Law (1971) regulates the flow of pollutants intotheIsraeli water supply with the Ministry of Environment responsiblefor most provisions of the water law. Several other public bodiesalso play a role: the Water Board, the Water Planning Committee,and the Water Tribunal.7. Decision Breadth: 5 (Israel, Syria, Turkey, Lebanon and Jordan)8. Legal Standing: LAWC. GEOGRAPHIC Clusters9. Geographic Locations a. Geographic Domain : MIDEAST b. Geographic Site : Southern Middle East [SMID] c. Geographic Impact : ISRAEL10. Sub-National Factors: NO11. Type of Habitat: DRYD. TRADE Clusters12. Type of Measure: SUBSIDY The Israeli government support of agriculture includes bothdirect and indirect subsidies.13. Direct vs. Indirect Impacts: INDirect14. Relation of Measure to Environmental Impact a. Directly Related to Product : NO b. Indirectly Related to Product : YES AGRICultural c. Not Related to Product : NO d. Related to Process : YES WATER15. Trade Product Identification: AGRICultural16. Economic Data The GNP of Israel is about $55 billion and per capita GNP isabout $11,000; the unemployment rate is about 11 percent. Agriculture is about 5 percent of the GNP and 4 percent of totalexports (about $666 million in 1992).17. Impact of Measure on Trade Competitiveness: LARGE It is doubtful that, without government support, Israel wouldbe a significant agricultural exporter.18. Industry Sector (SIC): AGRICultural19. Exporter and Importer: ISRAEL and MANYE. ENVIRONMENT Clusters20. Environmental Problem Type: WATER21. Name, Type, and Diversity of Species Name: Many Type: Many Diversity: 1,820 higher plants per 10,000 km/sq (Israel)22. Resource Impact and Effect: HIGH and SCALE23. Urgency and Lifetime: MEDium and 100s of years By the year 2000 Israel may be running a water deficit of 30percent. Today Israel uses 10-15 percent more water than can berenewed by rainfall.24. Substitutes: Conservation [CONSV] Though there are no substitutes for water; however, there aremany advancements in the way of water conservation. Technologicalimprovements include micro-sprinklers, drip irrigation,computerized, automated control systems, etc. Furthermore, Israeliresearch has developed crops which require a minimal amount ofwater or thrive on brackish water without diminished yield. Thebest "substitute," however, is probably just water conservation.VI. OTHER Factors25. Culture: NO26. Trans-Border: YES Some believe that the water issue could spark a new Mideastwar. The water needed for exports thus exacerbates this problem.27. Rights: YES Rights to water are important because of its relation tohumanhealth and welfare. Jordan claims that excessive Israeli water usedeprives downstream users in Jordan the water need they need.28. Relevant LiteratureAgriculture in Israel. Israel Information Center. Jerusalem: Ahva Press, 1993.Facts About Israel: Economy. Israel Information Center. Jerusalem: Hamakor Press Jerusalem, 1992."Israel's Negev Desert: Laboratory for Arid Land Agriculture; The Israeli Experience in Combatting Desertification." MASHAV, Division for International Cooperation. Ministry of Foreign Affairs, State of Israel."Problems of Water in the Middle East." London: Background Brief, Foreign and Commonwealth Office (January 1992).The Environment in Israel. National Report to the United Nations Conference on Environment and Development. Ministry of the Environment, State of Israel, 1992."Water in the Middle East: Managing a Strategic Resource." Middle East Research Institute. Washington, DC: October 25, 1992.