8. Treaty

Israeli and Jordanian commitment to a large scale project such as a Med-Dead or Red-Dead Canal would be in the form of a treaty that would clearly detail each country's commitment to the construction and maintenance of the canal. Historically, there has been no coordinated system of water development in the region. Israel and Jordan have historically pursued their own water development projects independent of one another, even though the two countries share much of the water resources in the region. In 1953, U.S. president Dwight D. Eisenhower appointed Eric Johnston as his personal envoy to develop a regional solution to the water shortage in the Jordan Valley. Under the Johnston Plan, third parties and international authorities, rather than the parties most directly affected, determined water rights and proposed water development projects. The technical aspects of Johnston's plan were based on a study undertaken by the Tennessee Valley Authority -- at the request of the United Nations agency for Arab refugees -- which recommended diversion works, dams, reservoirs and irrigation. The plan specifically proposed Lake Tiberias as a storage reservoir; proposed an additional storage facility at Maqarin; suggested a series of dams and canals along the Jordan-Yarmuk system; and appointed an engineering board and a watermaster to supervise the water program.
Although the individual countries endorsed the Johnston Unified Water Planof 1955, the Arab League Council rejected the plan, and so Israel and Jordan went ahead with their own national plans. Israel adopted a Ten-Year Plan for unilateral water development, based on the development of a National Water Carrier to divert Lake Tiberias and Jordan waters to the coastal plain and the Negev Desert. Israel completed the carrier project in 1964. At the same time, Jordan proceeded with its own plans to develop the Yarmuk River. With the help of outside experts, Jordan established an agency to plan, coordinate and supervise the construction of the 110-km East Ghor Canal. Operational as of 1961, the canal uses gravity flow to divert Yarmuk waters for irrigation.

Both countries framed their own laws for water development. Under the Water Law of 1959, Israel placed ownership of all water resources under the Ministry of Agriculture. A water commission, headed by a cabinet-appointed water commissioner, operates within the ministry and coordinates all water institutions. The two most important institutions are Tahal, a government corporation in charge of planning and research, and Mekorot, a public company charged with the daily operations and maintenance of water development projects. Israel framed an additional law which states that water is a means of production to be utilized in the best and most efficient way to meet public needs and develop the country. The Jordan Valley Commission, established in 1973, is responsible for all aspects of Jordan Valley development. In 1976, the commission began work on the second phase of Yarmuk development the high dam at Maqarin (known as the Wahda or Unity Dam) which was to store water for irrigation and consumption; provide hydroelectricity for Jordan and Syria; and regulate the flow of water to Israel. Construction of the dam was never completed, since Israel withheld its approval of funding on the grounds that the Yarmuk contributes some three percent of Israel's national water supply, and regulation of this supply would affect Israel's ability to provide for its basic needs. The World Bank will not finance international water projects unless all riparian states agree to proceed.

Herein lies the problem with a mega project like a Med-Dead or Red-Dead canal. Such a project would not be cheap. Financing would have to come from the international community, particularly those countries or agencies interested in fostering Mideast peace. Grants and loans from the United States, Europe or World Bank would give economic viability to the project. The World Bank typically advocates water allocation based on economic efficiency. Additional economic studies would therefore need to prove that a Dead Sea hydro project is a beneficial economic activity. The U.S. also sees a critical role for USAID in the economic development of the Jordan Valley. Joint research for desalination technology and efficient water use would qualify the project for USAID's Middle East Regional Cooperation (MERC) program. This would help attract foreign investment. U.S. companies benefitting from consulting and contracting work may also help convince decision makers to support the project.

The 1994 Israel-Jordan peace agreement has been more successful than Johnston in setting a precedent for joint management of water resources and development. In addition to laying out allotments that more accurately reflect current needs, the bilateral agreement includes provisions for exchanging data, building storage facilities, protecting water resources and forming a joint water committee to oversee the implementation of the agreement. Cooperation among the parties themselves is the basis for the agreement. In the case of the canal, although it may be necessary to bring outside donors and engineers in, the parties themselves must craft an agreement to satisfy both countries goals to rejuvenate the Dead Sea region, and to alleviate water shortages.