The Israeli-Palestinian Interim Agreement of September 28, 1995, signed in Washington, including the "Water Agreement" (Annex 3, Appendix 1, Article 40), clearly stipulates the manner in which the parties must act in the field of water in the West Bank. This agreement established the Joint Water Committee, which was originally meant only to function for 5 years but still exists as of 2017.
Both parties are bound by the principles set forth in this agreement.
Following a meeting of the Israeli-Palestinian Joint Water Committee on March 4, 2015, Israel announced the doubling of water delivery to Gaza begining in mid 2015. Israeli authorities decided to up the amount of water sent to Palestinian territories from 5 million cubic meters per year to 10 million in an effort to combat the water crisis in the region. The Palestinian Authority pays Israel an estimated $3 million per year for their water, which constitutes less than 10% of the water consumed in the Palestinian territories.
On January 15, 2017, Israel's Coordinator of Government Activity in the Territories (COGAT) Maj. Gen. Yoav Mordechai and the Palestinian Authority's Minister of Civil Affairs Hussein al-Sheikh signed an agreement to renew the activities of the Joint Water Committee under the framework of the 1995 Interim Agreement. Privy to the agreement, the Joint Water Committee made plans to reconvene after a 6-year hiatus to discuss increased water supplies to the Palestinian territories, as well as the installation of new pipes for drinking water and sewage.
Main points of the Water Agreement
Palestinian Water Rights in the West Bank are recognized and shall be negotiated in the permanent status agreement.
Both sides recognize the necessity to develop additional water sources for various uses.
Maintaining the existing quantities of water utilization, while taking into consideration the quantities of additional water for the Palestinians from the Eastern Aquifer.
Future additional needs of the Palestinians in the West Bank are estimated to be between 70-80 MCM/year. Within this framework, both sides recognize the necessity to make available to the Palestinian (WB) during the interim period, a total quantity of 23.6 MCM/year (out of which 5 MCM for the Gaza Strip).
Each side shall take all necessary measures to prevent any harm, pollution, or deterioration of water quality of all water resources.
Both sides shall establish Joint Supervision and Enforcement Teams which shall operate, in the field, to monitor, supervise, and enforce the implementation of Article 40.
In order to implement their undertakings, the two sides will establish a permanent Joint Water Committee (JWC).
Implementation of the Agreement
Israel fulfills its obligations according to the Water Agreement and beyond, as shown in the following:
- During the interim period of the Oslo talks, Israel made available approximately 70 MCM/year of water to the Palestinians in the West Bank even though the Water Agreement allocates a much smaller quantity of only 23.6 MCM/year.
- The Palestinian Authority consumes approximately 200 MCM of water every year. Israel supplies the Palestinians with 50 MCM of water, which is far beyond its obligation in the Water Agreement (31 MCM).
- Though Israel is often accused of “stealing” water or otherwise misallocating supplies to the disadvantage of the Palestinians, a study by Professor Haim Gvirtzman found “there is almost no difference in per capita consumption of natural water between Israelis and Palestinians.”
- Palestinians consume significantly more water than the minimum human needs defined by the World Health Organization.
- Palestinian farmers overwater their crops using outdated methods and much of the water is wasted due to leakage and mismanagement.
- The Palestinians constantly breach the agreement by drilling more than 300 unauthorized wells in the West Bank.
- The Palestinians have illegally connected to Israeli water lines, which Gvirtzman says is “stealing Israel's water.”
- The Palestinians do not treat 95 percent of their sewage, which flows freely in the streams and into Israel, contaminating the environment and the aquifer en route. Only one sewage plant has been built in the last 15 years in the West Bank.
- The Palestinians are not developing any new water sources, either through sewage treatment, or desalination.
- Israel makes extensive use of recycled waste water in agriculture; the Palestinians do not recycle
December 2013 Agreement
Senior Israeli, Jordanian, and Palestinian representatives signed a water sharing agreement in the form of a Memorandum of Understanding (MoU) on December 9 2013 that was heralded as a milestone of cooperation between all parties involved. The agreement was made official at The World Bank Headquarters and was signed by H.E. Minister Silvan Shalom for Israel, H.E. Minister Hazim El-Naser for Jordan and H.E. Minister Shaddad Attilifor the Palestinian Authority. Within the MoU are three major regional water sharing initiatives that will support the management of scarce water resources in the region and contribute to the development and discovery of new water resources. The agreement includes plans for the construction of an 80 million cubic meter sea water desalination plant in Aqaba on the Red Sea to provide water that will be shared between the three represented entities, and also provides for increased sales of water to Jordan from Israel's lake Tiberias. Construction on the sea water desalination plant is set to begin in mid-2015.
Renewal of Cooperation
Maj. Gen. Yoav Mordechai, head of the Coordinator of Government Activities in the Territories (COGAT) office, and the Palestinian Authority’s Civil Affairs Minister Hussein al-Sheikh signed an agreement to restart the Israeli–Palestinian Joint Water Committee on January 15, 2017. The committee was originally created in 1995 as part of the Oslo II interim peace deal, but has been dormant for the last six years. Now the plan is to provide better water access to Palestinian towns and villages and develop and modernize the water infrastructure in the West Bank. The two sides also agreed to explore new infrastructure projects to meet the expected demand as the Palestinian population grows between now and 2040.
Sources: Israel Ministry of Foreign Affairs;
Haim Gvirtzman, “The Israeli-Palestinian Water Conflict: An Israeli Perspective,” The Begin-Sadat Center for Strategic Studies, (2014);
Elior Levy, "Water deal reached between Israel and Palestinians," YNet News (January 15, 2017);
Israelis, Palestinians sign deal to jointly improve West Bank water supply, Times of Israel, ( January 15, 2017).