Klingbeil, R., 2009. Transboundary Water and Transboundary Aquifers in the Middle East: Opportunities for Sharing a Precious Resource. Presentation at the Seminar “Sharing an Invisible Water Resource for the Common Good: How to Make Use of the UN General Assembly Resolution on the Law of Transboundary Aquifers”, 2009 Stockholm World Water Week, 20 August 2009, Stockholm, Sweden.

1. Ralf Klingbeil
Regional Advisor
Environment & Water
Transboundary Water and Transboundary
Aquifers in the Middle East:
Opportunities for Sharing a
Precious Resource
World Water Week
Stockholm, 20 August 2009

2. 20 August 2009 www.escwa.un.org 2
Purpose
• Why are we working on TBW & TBA issues?
• Guidance and assistance to ESCWA MCs in
shared / transboundary water / aquifer
cooperation with other MCs or Non MCs
• Helping in finding own / individual cooperation
mechanisms
• What would our MCs want us to do for them?

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Outline
• Transboundary water and aquifers in ESCWA
region
• Water-related agreements and their relevance
for ESCWA region
• Principles of transboundary cooperation
• Examples of transboundary investigations
• IWRM and transboundary cooperation
• Future of 2008 UNGA Resolution (“UNTBA”)
• ESCWA services, contacts

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TB Water & Aquifers in Middle East

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TBW Agreements 1/4
• 1992 UN ECE Water Convention, and
2003 Amendment
• Why potentially relevant to UN ESCWA MCs?
– The convention addresses surface as well as
groundwater, more detailed than UN 1997 Convention
– After ratification of 34 Parties the convention entered
into force on 06/10/1996 and is thus binding to all
Parties, though not yet all ECE MCs
– Its proposed amendment would open the convention
for accession by Non ECE MCs
– Interesting for ESCWA MCs sharing water with ECE:
EGY, IRQ, JOR, LBN, PAL/oPt, SYR

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TBW Agreements 2/4
• 1997 UN Non-navigational Use Convention
(UN Watercourse Convention)
• Why potentially relevant to UN ESCWA MCs?
– Global TBW treaty, unfortunately not yet entered into
force due to missing ratifications (only 17/35)
– Does not include all GW, nor does it provide sufficient
GW-specific guidance
– Ratified by 5/14 UN ESCWA MCs:
IRQ, JOR, LBN, QAT, SYR
(PAL announced will to ratify, YEM signed, not ratified)
– Due to absence of perennial transboundary surface
water in large parts of the region, maybe not as
relevant as an agreement that fully addresses and
includes groundwater/aquifers as well

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TBW Agreements 3/4
• 2000 EU Water Framework Directive (2000/60/EC),
2006 Groundwater Directive (2006/118/EC)
• Why potentially relevant to UN ESCWA MCs?
– WFD and GWDD addresses surface as well as
groundwater, with a detailed focus on water quality
improvements
– Binding for EU MCs, also at the margins of EU
– Need for compliance for all potential EU candidate
countries
– ESCWA MCs cannot join if not EU candidate country
– Interesting for ESCWA MCs sharing water with EU MCs
or potential EU candidate countries:
IRQ, LBN, SYR

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TBW Agreements 4/4
• 2008 UNGA Resolution on the Law of TBAs
(“UNTBA”), inc. UN ILC comments 08/05/08
• Why potentially relevant to UN ESCWA MCs?
– Guidance for individual TBA cooperation between
neighbouring countries
– Detailed definition of groundwater/aquifer terms and
issues to be considered when considering to develop
agreements with neighbouring countries
– 2007/2008 Comments by 2/14 UN ESCWA MCs:
IRQ, SAU (plus comments by AWC)
– Separate individual TBA agreements are less likely
since only few TBAs are disconnected from TB
surface water

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Principles of TB Cooperation
1. (Limited) Sovereignty of Riparian / Aquifer States
2. Equitable and Reasonable Utilisation
3. Obligation not to Cause Significant Harm
4. General Obligation to Cooperate
 Regular Exchange of Data and Information
 Bilateral and Regional Agreements & Arrangements
5. Environmental Protection
 Protection and Preservation of Ecosystems
 Prevention, Reduction and Control of Pollution
6. Monitoring and Management

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ISR-PAL Western Aquifer 1/5
Hydrogeological Cross-section
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 2/5
Historical Use: Surface and Groundwater
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 3/5
Historical Use: Different Sectors, Parties
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 4/5
Historical Use: One Party’s GW Abstraction
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 5/5
Groundwater Development Costs
from: AM MacDonald et al., 2009, Hydrogeology Journal.

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• Sustainability
– social, economy,
environment
• Cooperation & Participation
– local, regional, national,
basin-wide
– water using sectors
– information exchange
• Basin approach
– which basin?
• Water resources
– knowledge, assessments
• Enabling environment
• Water allocation
– informed decision making
IWRM and TB cooperation
• Limited Sovereignty
• Equitable and
Reasonable
Utilisation
• Obligation not
to Cause
Significant Harm
• General Obligation to
Cooperate
• Environmental
Protection
• Monitoring and
Management

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EGM IWRM Principles in SWR
• ESCWA Expert Group Meeting
– Applying IWRM Principles in
Managing Shared Water Resources
Towards a Regional Vision
– Beirut, 01-03 December 2009
– by invitation only
• Focus:
– Promoting cooperation, ensuring participation and identifying
mutual interest in order to enhance the management of shared
water resources
– Ensuring equitable, reasonable and sustainable beneficial use
– Identifying appropriate mechanisms for conflict prevention and
resolution

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Future of UNGA Resolution
• What kind of legal instrument shall it take?
• What kind of legal instrument is the most practical for
countries to develop their own individual adapted
agreements?
• The current form already offers guidance for individual
agreements - for those willing to cooperate.
• ESCWA will continue to support its MCs in developing a
regional vision for the cooperation on TBW & TBAs
– Requests from the MCs
– ESCWA Ministerial Council Resolutions
– Meetings of the Committee on Water Resources

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ESCWA Services
• Water Resources Section:
– Cooperation through CWR and activities of work plan
– SWR assessments, guidance
– Development of negotiation skills & dispute resolution
• Regional Advisor Environment & Water:
– Responding to specific requests from MCs
• … with individual MCs, between MCs, between MCs and
Non-MCs
– Provide forums for transboundary exchange
– Offer recommendations for building / enhancing bilateral /
multilateral cooperation
– Provide expert assessments of TBW situations
– Assistance for development of individual agreements
– Mediation / arbitration between countries/parties, if requested

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ESCWA contacts
• Sustainable Development & Productivity Division
– SDPD
Chief/SDPD Ms. Anhar Hegazi
– Water Resources Section - WRS
Chief/WRS Ms. Carol Chouchani Cherfane
chouchanicherfane@un.org
– Regional Advisor Environment & Water
Ralf Klingbeil
klingbeil@un.org

20. Ralf Klingbeil
Regional Advisor
Environment & Water
Transboundary Water and Transboundary
Aquifers in the Middle East:
Opportunities for Sharing a
Precious Resource
www.escwa.org.lb