WATER RESOURCES IN THE MIDDLE EAST:
FORTHCOMING PROBLEMS AND SOLUTIONS FOR SUSTAINABLE DEVELOPMENT OF
THE REGION
by
Bülent TOPKAYA
Akdeniz University Faculty of Engineering,
Dept. of Environmental Engineering. Antalya Turkey
July, 1998
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Table of Contents
- Abstract
- Keywords
- Introduction
- Hydrological Background
- GAP and Its Objectives
- Status of Cooperation in the Basin
- International Law
- Equitable and Reasonable Utilization
- Way Out of Crisis
- Conclusions
- References
The major rivers of the Middle East, Euphrates
and Tigris, are jointly shared among Turkey, Syria and Iraq. Adequate supplies
of good quality water are an essential element for the survival, economic
welfare and prosperity of these countries. But as unused water resources became
less and less, then water for one user means lack of water for the other, has
in recent years led to competition over these resources and in certain cases to
conflicts and even to mobilisation of armed forces. It is the growing pressure
on these water resources which has caused the difficulties which are observed
at the present day. The greatest single pressure has been caused by the very
rapid growth of population. At the same time, as a result of dependence an
agriculture due lack of industry, 80% of water use in most Middle East
countries is for irrigation purposes. On the other hand in conditions of
growing water scarcity it is no longer feasible to go on subsiding agricultural
production by making available cheap irrigation water. To try to make more
water available, often at very high cost, becomes with time less and less
feasible. An alternative approach is "demand management" needs a
wealthy urban population. A more fundamental approach would seek to reduce
population growth rates. For the Middle East region these approaches seem not
to be very realistic for the near future, so the political stability is and
remains under threat. The aim of this paper is to demonstrate the existing
situation in the Euphrates-Tigris river basins and to focus on the conflict
points between the states involved. The possible solutions will also be
discussed in detail.
KEYWORDS: Euphrates, GAP, Middle East, Three staged plan
,Tigris, Turkey, Water allocation, Water deficit
With rapidly increasing population rates, expanding resource and industrial development, and dwindling water supplies on national and regional levels, water is fast replacing oil as the world's most valuable resource. Its scarcity and quality-related problems are already having a profound impact on the ability of nations to care for their populations, as well as to assure that adequate water supplies will exist to meet future economic and environmental needs. This increasing importance of water in geopolitical affairs is also escalating the potential for conflict over water resources among nations. It is estimated that there are presently at least ten places in the world where war could erupt over dwindling trans-boundary water resources. The majority of these sites are in the Middle East, (Starr,1990) where fifty percent of the population depends on water flowing from another sovereign State (Kolars,1986).
There are approximately 214 river basins in the world which are shared by two or more countries. Moreover, nearly fifty countries have seventy-five percent or more of their total land area falling within shared river basins, and an estimated thirty-five to forty percent of the world's population lives in these basins. As it becomes increasingly clear that environmental problems do not respect national boundaries, nations are searching for the legal and institutional mechanisms which are needed to protect and manage resources which traverse their boundary lines (Lazerwitz,1995)
At the United Nations Water Conference in 1977, considerable interest was expressed in international river basins. Many downstream countries joined in a call for an international code of conduct, or conventions; upstream countries however, stressed sovereignty over their natural resources. Some basic problems still need to be resolved in order to promote regional and international co-operation on the use of shared bodies of water. For instance, considerable ambiguity surrounds the fundamental concept of "equitable use", articulated in the relevant Helsinki rule. The concept seems to be clear if it refers to water flow only, but difficulties emerge when it refers to equitable sharing of water quality or how an upstream country should share water with downstream countries.
The location of the Tigris and Euphrates rivers offers little sympathy to national boundaries or strategic political concerns (Fig.1). For 6000 years the basins carved by the two rivers have been witness to continual military and political struggle for domination. Ancient civilizations which thrived in the area, such as the peoples of Mesopotamia, developed the hydraulic possibilities that the Tigris-Euphrates waters offered. Site of what is considered the "Cradle of Civilization", the basin was the birthplace of advanced agricultural, urban, cultural and artistic development (Held, 1994).
The major water resources of the Middle East are jointly shared among different countries and as unused water resources became less and less has in recent years led to competition over these resources and in certain cases to conflicts and even to mobilization of armed forces (Naff and Matson 1984; Kollars and Mitchell 1991; Salameh 1993). It has been proven that water is the cause of instability and wars in the region. The 1967 war, which Israel launched against Jordan, Syria and Egypt, aimed, among other objectives, at securing more Israeli control of the Jordan River high waters (Wolff,1996). Syria's building of the al-Thawra dam created a political crisis with Iraq in 1974, because the Euphrates River's flow had been reduced by a quarter. Iraq threatened to bomb the dam and massed troops along the border. The crisis was resolved by mediation (Green Cross,1997). Territorial disputes in the Shatt-el-Arab (delta of the two rivers) created major tensions between Iran and Iraq, and was even a major cause of the recent war between the two countries (1980-1988). (Wolff,1996).
The situation in the region especially in the Euphrates-Tigris river basins sharpened dramatically. Since 1983 Turkey initiated the Southeastern Anatolia Development Project (GAP) for irrigation and hydropower generation which will use much more water from the rivers as now. GAP has raised Syrian and Iraqi anxieties over the availability of water for their own agricultural and industrial projects. The total amount of water planned to be utilized by the three countries exceeds the total flow capacity of the rivers (Table 1).
Table
1 Potential and consumption targets of Euphrates-Tigris river basins (x109
m3/a)
|
River Basin |
Total Flow |
Consumption targets |
|
Euphrates |
35.6 |
52.9 |
|
Tigris |
48.7 |
54.5 |
It is obvious that these demands cannot be met and a system of water distribution in the region must be established as soon as possible. This work is concentrated on the potential conflicts and possible solutions over water and its allocation in the Euphrates-Tigris river basins. The main goal is to identify the conflict zone with its past and present problems and offer suggestions for the future cooperation among the riparian countries and the region overall.
Fig. 1 Euphrates-Tigris River
Basins and the Riparian States
HYDROLOGICAL BACKGROUND
The Euphrates river has its springs in the highlands of Eastern Turkey and its mouth at the Persian Gulf. It is the longest river in Southwestern Asia with 2,700 km, and its actual annual volume is 35.6 billion cubic meters* (Kolars, Mitchell,1991). The Euphrates river is formed in Turkey by two major tributaries; the Murat and the Karasu (Fig.1). These two streams join together and form the Euphrates river and the the Keban Dam Lake. Euphrates follows a southeastern route to enter Syria at Karkamýs point. After entering Syria, the Euphrates continues its southeastern course and is joined by two more tributaries, the Khabur and the Balikh. Both of these tributaries have their sources in Turkey and they are the last bodies of water that contribute to the river. After entering Iraq, the river reaches the city of Hit, where it is only 53 m above sea level (Kor,1997). From Hit to the delta in the Persian Gulf, for 735 km, the river loses a major portion of its waters to irrigation canals and to Lake Hammar. The remainder joins the Tigris river near the city of Qurna, and the combined rivers are called the Shatt al-Arab (Kolars, Mitchell,1991).
Turkey contributes 98 per cent of the water potentially carried by Euphrates. According to the official estimates Syria contributes around 12 per cent of the total, however, as Kolars noted, 10 per cent of that 12 per cent originates from the northern tributaries, the Khabur and the Balikh, and both have their catchments in Turkey. The observed average annual flow across the Turkish Syrian border is 31.6 bcm. (Kolars, Mitchell,1991) (Fig.2).
The Tigris river also has its springs in the highlands of Eastern Turkey, but the main contribution to the river comes from the tributaries in Iraq. The Tigris river follows a southeastern route in Turkey to the city of Cizre, where it forms the border between Turkey and Syria for 32 km before entering Iraq. It joins the Euphrates in Qurna and continues its journey as the Shatt al-Arab to the Persian Gulf (Kolars, Mitchell,1991). The Tigris is the second longest river in Southwest Asia, 1,840 km long. The city of Baghdad is located on the conjunction of the Tigris and Diyala rivers and navigation is possible from Baghdad downstream. Because of the irregularities of the tributaries' flows, the Tigris is widely known for its infamous floods. In the southern part of Iraq, immense areas are regularly inundated, levees often collapse, and villages and roads must be built on high embankments. The Tharthar reservoir was planned in the 1950s to protect Baghdad from the ravages of the periodic flooding of the Tigris by storing extra water discharge upstream of the Samarra barrage. (FAO,1997). A derivation canal that links the Tigris to the Euphrates through the Tharthar Valley has already been realized and operative since 1988 (Dhanoun,1988). Thus both rivers are connected with each other far before Shatt-el-Arab (Kolars, Mitchell,1991; Starr,1991).
The water flow of these rivers fluctuates greatly from one season to another (Fig.3). In summer months the average flow of these rivers ranges between 150 to 200 cubic meters per second. On the other hand, in the spring time it reaches the level of 5000 or more cubic meters per second. This literally means floods of great proportions in the spring months and drought in summer.
The total water resources of the Tigris basin amounts to 48.7 bcm annually, thus appr. 1.5 times larger than the annual flow of 35 bcm of the Euphrates river. The Tigris river is a different case than the Euphrates if contribution patterns compared, where the main stream in Turkey, only accounts for an annual flow of 25.2 bcm or 51.9 %. 48.1 % of this flow originates from its tributaries in Iraq, Syria contributing nothing at all (Kor,1997; Biswas, 1994) (Fig.2 and 5). According to the balance sheet of water resources versus water uses from the Tigris river prepared by Kolars (1992), the amount of surplus water in the Tigris river is 11.9 bcm/year. In his balance sheet, Kolars accepts the natural flow as 49.2 bcm/year and that is less than 52.7 bcm/year given by Beaumont (1978).
Fig 2 Contribution of the
riparians on water potential
Fig
3 Fluctuation of water flow during a water year (Observed 1940-1980, at gauging
stations on Turkish border)
Although Turkey, controls the headwaters of the Tigris and Euphrates rivers, 40 per cent of its arable land is in southeastern Anatolia, which suffers from a general shortage of water. To alleviate this shortage, Turkey initiated the South Eastern Anatolia Development Project, also known by its Turkish acronym GAP. It is the biggest and the most comprehensive project ever implemented in Turkey, and one of the biggest of its kind in the world. GAP covers, in addition to the irrigation and hydropower schemes, all the related social and economic sectors including industry, transportation, mining, telecommunications, health, education, tourism, and infrastructure. The project includes 13 major projects which are primarily for irrigation and hydropower generation. The project envisages the construction of 22 dams and 19 hydroelectric power plants on the Euphrates and Tigris Rivers and their tributaries (Fig.4). It is planned that at full development, over 1.7 million hectares of land will be irrigated and 27 billion kilowatt hours of electricity will be generated annually with an installed capacity over 7,500 million watts. The area to be irrigated accounts for 19% of the economically irrigable area in Turkey (8.5 million hectares), and the annual electricity generation accounts for 22 % of the country's economically viable hydropower potential (118 billion kilowatt hours). On Euphrates 3 dams are in operation (Keban, Karakaya and Atatürk), 4 under construction (Fig.4). The projects on Tigris river are under construction or they are in the planning phase. The water of the Euphrates River is regulated by means of big reservoirs of the Keban and Atatürk Dams. However, the waters, released from the hydroelectric power plants (HEPP) of those dams, also need to be regulated. During the periods of low demand for power, only one of 8 units of the HEPP of the Atatürk Dam will be operated while during the periods of high demand, all the 8 units will be operated. Hence, the amount of water to be released from the HEPP might vary between 200 cubic meters per second and 2,000 cubic meters per second in one day depending upon the energy demand and the state of the interconnected system. Dams following Atatürk Dam, are constructed for the purpose of harnessing the waters released from large-scale dams and HEPPs, (after-bay dams) (GAP,1990; Akmansoy,1996).
Fig.
4 Watershed of the Euphrates-Tigris Rivers and the planned dams in GAP region
in Turkey
When the project is completed, plants to be built on the Euphrates and Tigris rivers, which together flow more than 50 billion cubic meters of water annually (in Turkish boundaries), will regulate 28 percent of Turkey's total water potential. "Agricultural and industrial, potential to be created by GAP will increase the level of income in the region approximately 5 folds" and some 3.5 million of the regional population expected to go beyond 9 million in the year 2005 (GAP,1990, MFA,1997)
For these purposes it is planned to use appr. 18.42 bcm from Euphrates and 6.87 bcm from Tigris river basins annually. Related to the contribution and extend of watershed in the whole basin, the consumption of Turkey varies between 51.8% ,27.2% and 44.5% from Euphrates and Tigris rivers as well as they considered as one basin respectively (Fig.5).
Fig.5 Contribution and consumption
of water by Turkey
STATUS OF COOPERATION IN THE
BASIN
The first agreement about water between Turkey and the other riparian states is dated back to 1921. In order to meet the fresh water need of Aleppo, Turkey and Syria agreed to spare the waters of Kuveik on the bases of equity. In addition to this, it was agreed that Syria will receive additional water from the Turkish part of Euphrates for the need of Aleppo. By the 1939 agreement between Turkey and Syria, the waters of Orontes (1.6 bcm/a in average) and Afrin, where Turkey is a lower riparian, should be shared equally. (Inan,1994).
In 1946, by an agreement (Treaty of Friendship and Good Neighbourhood Relations), Turkey and Iraq agreed that the rivers' control and management depended in great part upon the regulations of flow in Turkish source areas. Turkey, at the time, agreed to begin monitoring the two streams and to share the related data with Iraq. Iraq accepted to contribute to the expenses of the installations aimed to regulate water, if also aimed for the benefit of Iraq. (Inan,1994).
During the construction of the Keban Dam, the first dam on Euphrates, Turkey on 1966, gave the international finance agency (AID) guarantee to let 350 m3/sec water to the lower riparian states during impounding, in order to receive a credit of 40 million US$. According to the concensus reached between Turkey, Syria and Iraq this amount was increased to 500 m3/sec, during the impounding of Karakaya (1976) and also in the case of Atatürk Dam (1990). (Ýnan,1994). In 1980, a Joint Technical Committee on Regional Waters was created by Turkey and Iraq, on the basis of a former protocol (1946) concerning the control and management of the Euphrates and the Tigris. A bilateral agreement in 1982, followed by Syria's inclusion into the committee, created a common ground for the riparian states (FAO,1997; Kor,1997). Joint Technical Committee has made numerous meetings during the last 20 years by Turkey, Syria, and Iraq to deal with water issues on a bilateral basis which have been unsuccessful. According to an agreement between Syria and Iraq (1990), Iraq shares the Euphrates' waters with Syria on a 58% (Iraq) and 42% (Syria) basis, based on the flow received by Syria at its border with Turkey. Since Turkey has unilaterally promised to secure a minimum flow of 15.8 bcm/year (500 m3/sec) at its border, this agreement would de facto represent 9 bcm/year for Iraq. (FAO,1997).
For the Euphrates-Tigris basin, Syria acknowledges that the rivers are international rivers and the Syrian government claims that it had acquired the rights to these rivers dating back to ancient times. As international waters, Syria wants to share the Euphrates and the Tigris rivers through a "mathematical formula," which foresees that: -Each riparian State shall declare its demands on each river separately -The capacities of both rivers in each riparian State shall be calculated -If the total demand does not exceed the total supply, the water shall be shared accordingly to stated figures -In case of total demand of water, declared by the three riparian states, exceeds the water potential of a given river, the exceeding amount should be deducted proportionally from the demand of each riparian state. (Akmansoy,1996; MFA,1997).
Iraq, as the out most utilizing riparian of the both rivers, also claims that it has ancient rights, acquired through thousands of years of irrigation in Mesopotamia. The Iraqi officials also came up with a "mathematical formula" to share the waters of both rivers: -Each of the riparian states will notify the Joint Technical Committee its water demand for each of its completed project as well as for the projects under construction or planned projects -Hydrologic data will be exchanged on Euphrates and Tigris rivers -After gathering all relevant data, the Joint Technical Committee (JTC) will, first of all, calculate the demands of water for the projects under operation, then for the projects under construction and finally for the planned projects. The determination of needs for these projects will be made separately. Besides these proposals, Iraq demands that Turkey should release more than 500m3/sec, favorably around 700m3/sec, which would add up to 2/3 of the water flow carried by the Euphrates river. Iraq believes that, this type of action can be acknowledged as an "equitable and reasonable" sharing of the Euphrates river. (Akmansoy,1996;MFA,1997)
Euphrates and Tigris rivers cross the border of Turkey at an angle rather than forming mutual boundaries, so they have been classified by the Turkish government as trans-boundary rivers and not as international rivers. Turkey is closed to "sharing" the water of these rivers but has suggested "optimal joint usage" to Syria and Iraq based on rational techniques of irrigation and electricity production.
Turkey argues that the dams so far constructed and the ones to be constructed by Turkey on the Euphrates and the Tigris rivers, would not only contribute to its own energy and irrigation needs, but also serve to provide regulated water supply to its neighbors. To strengthen its argument, Turkey points the drought period during 1989-91. Although in September 1991, the average discharge of Euphrates through Turkish-Syrian border was below 50 m3/sec, the amount of water passing the border was 500 m3/sec (Baðýþ,1994). Turkish officials said the Syrian technique of open irrigation has not changed since Sumerian time, which leads to nearly 50 percent evaporation whereas the modern irrigation techniques in Turkey lead to no such losses. Turkish officials also said that outmoded Russian technology for Syrian dams means there is always need for water to run the turbines placed inappropriately high on the dam for this climate, which also caused massive wastage of water. Ankara has proposed cooperative schemes for meeting Syria's water requirements on rational lines but Damascus has so far refused (Akmansoy,1996).
According to Kolars (1994) Turkish dams on the Euphrates River have been found efficient due to their effective reservoirs, low evaporation losses and their geographical and topographic characteristics. In case of the Southeastern Anatolia Project, the advantages of the lower riparian states will be to receive regulated regular water, will face less evaporation in their territories if they do not want to regulate it by reservoirs and other installations in their respective territories. The amount of evaporation is 0.5 m in Turkey and 1.5 m in Iraq, which means to have more water per m2.
This advantage of the lower riparian states will turn into a disadvantage for the lower riparian states since Turkey intends to use the waters in the area for consumption purposes. This can lead to deterioration of the water quality by increasing the salinity level induced by the irrigation return flow. This disadvantage can not be fully solved but indeed be decreased by discharging the irrigation return waters into the dam lakes in order to achieve a higher degree of dilution. This is in GAP project the fall, except for the irrigation areas close to the borders which are at the same time have a lesser elevation as the dams. Besides head waters of Euphrates and Tigris are of high quality and return flow from irrigation will be moderately mineralized containing about 700 ppm dissolved solids and of satisfactory quality for irrigation supply. This salinity level is even less than what has been stipulated in the US- Mexico treaty (Bilen,1994).
While majority of the Turkish lands to be irrigated by the Euphrates and Tigris Rivers are of adequate quality (87% and 86% of the total land are of 1-3. quality-category respectively). The similar categories of lands in Syria represent only 48% of the agricultural lands which are contemplated to be irrigated with the Euphrates waters. Therefore, it will not only be uneconomical but will also be inequitable to utilize scarce water resources to irrigate infertile lands at the expense of fertile lands (Akmansoy,1996;Kor,1997).
Further Turkey argues that by allocating some of the water in the Tigris River, which Iraq consumes almost entirely, to the Euphrates everyone's future can be met while maintaining Iraq's proposal of Turkey using one third of the Euphrates flow and Syria's proposal of sharing water according to the capacities of both rivers in each riparian state.
Turkey, on the other hand, has good experiences in sharing water resources along the 615 km of wet borders, with Greece and the former Soviet Union. In 1927, Turkey and the USSR signed a 'Treaty on the Beneficial Uses of Boundary Waters.' This treaty addressed the use of the Coruh, Kura, Arpa, and Aras rivers in Eastern Anatolia Region, the waters of which they agreed to share on a fifty-fifty basis. Later, a Joint Boundary Water Commission was established and in 1973 the two governments signed an additional Treaty on the Joint Construction of the Arpacay Storage Dam, which has been operated by a joint technical commission. Similar cooperation was possible between Turkey and Greece. The two governments established development projects that would allow Turkey and Greece to regulate the flow and irrigate 16,900 ha and 11,600 ha respectively. (Ýnan,1994).
Case of Yarmouk and Orontes (Asi) River
Although there are several rivers/watersheds of trans-boundary character and all of the states in the ME are either upper or lower riparian of one of these rivers, only Syria's legal position on water rights has not only been ambivalent but also very contradictory. Because it is an upper and a lower riparian country on different river systems. Syria, the upper riparian on the Yarmouk, has been building a series of dams upstream that have significantly decreased the flow reaching Israel and Jordan. In this context, the Orantes river is in the same situation (Baðýþ, 1994). The Orontes (Al-Asi) River flows through Lebanon and Syria before emptying into the Mediterranean Sea in the Turkish province of Hatay. But Syria refuses to consider this river to be an international river (Baðýþ,1994). For decades Syria left nearly no water (depending on the season) flow into the Turkish province of Hatay (Picard, 1994). Of the total 1.2 billion cubic meters, only 120 million cubic meters flow in to Turkey : that is only 10% of the total capacity. Furthermore, Syria plans to build two reservoirs which will decrease the flow into Turkey to 25 million cubic meters (that is 2% of the total capacity). (Akmansoy, 1996).
Turkey believes that an equitable, rational, and optimum utilization of water resources can be achieved through a scientific study which will determine the true water needs of each riparian country and developed a "Plan for Optimum, Equitable, and Reasonable Utilization of the Basin." which proposes stages as Inventory Studies for Water and Land Resources as well as Evaluation of them. This plan known as "Three Staged Plan" was first introduced during the 5th meeting of the Joint Technical Committee between 5-8 November 1984, but rejected by the riparian states.
INTERNATIONAL LAW
States have historically exercised absolute sovereignty over the use of rivers and other natural resources located within the State's territory, no matter what the effects of the resource use on neighboring States. This principle of absolute territorial sovereignty is referred to as the Harmon Doctrine applied in 1895 to a dispute between the United States and Mexico over the polluting of the Rio Grande River. Under the Harmon Doctrine, an upstream State can freely deplete or utilize a river's flow within its boundaries without considering the effect of its actions on a downstream State. This legal doctrine, however, has since become disfavored as an anachronistic and narrow view for reconciling differences among opposing States where a shared natural resources is at issue (Lazerwitz,1995).
A distinct but similarly restrictive theory of water allocation is the principle of prior appropriation, which favors neither the upstream nor the downstream State, but rather the State that puts the water to use first, thereby protecting those uses which existed prior in time. Consequently, this doctrine for the allocation of water resources has also received little international support (Lazerwitz,1995).
In direct contrast to the Harmon Doctrine and prior appropriation is the principle that lower riparians have an absolute right to have an uninterrupted flow of the river from the territory of the upper riparian, no matter what the priority. This theory, known as "absolute territorial integrity," posits that a riparian State may not develop a portion of a shared rivercourse if it will cause harm to another riparian State.(Lazerwitz,1995) Like the Harmon Doctrine and prior appropriation, this theory has received little support among the international legal community. It is viewed as inequitably placing a burden on upper riparians without exacting a similar duty on lower riparians. Therefore, the theory has only been invoked where the continued flow of water is critical to the lower riparian State's survival. (Lazerwitz,1995).
In addition to legal theories which have developed in direct response to international watercourse allocation, the traditional customary law principle of sic utere tuo it alienum non laedas (use for yourselves as far as you don't spoiled others), which limits a State's actions to the extent that such actions injure another. (Picard,1994). State, plays a strong role in international water law. The sic utere doctrine is reflected in international water law theory through the principles of "restricted territorial sovereignty" and "restricted territorial integrity" (which are hybrids of the principles of "absolute territorial sovereignty" and "absolute territorial integrity" and form the basis for a compromise between the two) (Lazerwitz,1995). Under these principles, every State is free to use its territorial water, provided that it in no way prejudices the rights and uses of other riparian States. Because of its ability to balance interests among States, this doctrine has been widely favored in attempts to codify international water law, through both the Helsinki Rules (ILA,1967) and the new "Convention" Articles (UN,1997). It has also been clearly established in the case law as evidenced by Spain v. France (The Lake Lanoux Arbitration) where the court upheld "the sovereignty in its own territory of a State desirous of carrying out hydroelectric developments" but acknowledged "the correlative duty not to injure the interests of a neighboring State"(Lazerwitz,1995).
The principles of sic utere, "restricted territorial sovereignty," and "restricted territorial integrity" share the basic concept that a riparian may not use a river so as to substantially injure another riparian State. Although the three principles have different rationales, the result of each is similar: river use that causes substantial harm to another riparian is unlawful where the harm outweighs equitable reasons in favor of that use (Lazerwitz,1995). Whether a river use is lawful under these three principles is decided by determining the degree of harm caused to the riparian State.
Today, a more progressive view of international natural resource issues supported by naturalists, engineers, and economists is the "community of interests" concept (Lazerwitz,1995). The "community of interests" approach treats the entire river as one hydrological unit that should be managed as an integrated whole. While this concept of managing a resource based upon its hydrological features as opposed to its political boundaries would be a positive step forward in protecting natural resources, relations among States have not yet evolved to a similar level.
International Water
Law Treaties
In 1910, the Institute of International Law proposed a framework for regulating international waterways. In the following year, the Institute passed the Madrid Resolution on the uses of international rivers. In the 1920s, the League of Nations adopted the only two existing multilateral treaties on the use of international waterways ( Lazerwitz,1995).
In 1966, the most significant codification of the principles of international law regarding trans-boundary water resources was completed through the International Law Association's (ILA) Helsinki Rules on the Uses of the Waters of International Rivers.(ILA,1967). The Helsinki Rules, for the first time, incorporated the equitable use idea in stating that "each basin State is entitled, within its territory, to a reasonable and equitable share in the beneficial uses" of a drainage basin's waters. However, the enforceability of the Helsinki Rules has been undermined by the ILA's status as an unofficial organization. As such, the ILA's resolutions cannot be legally binding in international law unless they are adopted in the form of a multilateral convention or followed by States as State practice.
Due to an absence of binding legal authority for the regulation of international rivers, the United Nations began an international effort to create a legal framework to address this growing problem. The most recent effort to codify the law of international watercourses is the "Convention on the Law of the Non-Navigational Uses of International Watercourses" dated 11 April 1997 (UN,1997).
Equitable and Reasonable
Utilization
One of the most fundamental principles of international water is the idea of equitable utilization, or as Article 5 of the "Convention" Articles provides: "equitable and reasonable utilization and participation." This principle reflects the emerging shared natural resource view of regulating the use of the international environment so as to manage the resource, as opposed to managing the individual political entity. "Equitable utilization" in the "Convention" Articles stands for the idea that each State in an international drainage basin has an equal right to use the waters of that basin. Article 5 sets out these principles as twofold: first, that international watercourses shall be used and developed to attain optimal utilization consistent with adequate protection of the particular watercourse; and second, that watercourse States shall participate in the use, development, and protection of international watercourses in an equitable and reasonable manner, including the duty to cooperate in the protection and development of it (UN,1997). By incorporating equitable utilization into the equation, it would appear that a downstream State that first developed its water resources could not foreclose later development by an upstream State by demonstrating that the later development would cause it harm under the no appreciable harm standard. Therefore, under the doctrine of equitable use, the fact that the downstream State was first to develop would merely be one factor, to be balanced against the other five factors in Article 6 of "Convention", in deriving the equitable allocation of the watercourses.
The above mentioned "Convention on the Law of the Non-Navigational Uses of International Watercourses" intended as a guide for states negotiating agreements on specific watercourses has adopted by the United Nation's General Assembly (11 April 1997) by 103 votes in favor, 3 against with 27 abstentions. It will remain open for signature until 20 May 2000 (WQI,1997). Countries which remain abstent or voted against this convention are all "upstream" countries. Consequently this attempt will also not helpful to solve the allocation problem especially in the Middle East, then it is not possible to find an agreement that satisfies both "upstream" and "downstream" countries of the same river without respect to the position of the riparian states.
There is an array of solutions to water resource limits ranging from agricultural to technological to economic and public policy, but, as for any resource shortage, they all fall-under three basic categories of trans-boundary character: Cooperation, increase supply or decrease (Wolff,1997). In case of the Euphrates-Tigris river systems, the riparian states want only to share the water which is generated in Turkey, but are neither willing to cooperate to develop new techniques in irrigation or plant pattern development, nor they are willing to share the water generated in their own territories. It is obvious that a basin wide solution can not be achieved in this manner. An accepted way of cooperation and solution to the dispute could be as follows:
Options of
Solution
Cooperative options
Shared
information and technology
Interbasin
water transfers
Joint
regional planning
Increase Supply
Wastewater
reclamation
Increase
catcment and storage
Cloud
seeding
Desalination
Fossil
aquifer development
Decrease Demand
Population
control
Rationing
Public
awareness
Allow
price of water to reflect true costs
Efficient
agriculture, including:
Drip
irrigation
Greenhouse
technology
Genetic
engineering for drought and salinity resistance
In respect of the existing traditions in the region, majority of these water management options are difficult or only in long term realizable (e.g. Population control, efficient agricultural techniques, wastewater reclamation etc.). On the other hand it goes without saying that an agreement on the allocation of Euphrates-Tigris Basin waters can be reached in the framework of the criteria which would be found satisfactory for each of the three countries. "Equitable utilization" seems to be the most accepted principle in international law in allocating waters of a trans-boundary river. In order to reach such an allocation, the countries should take certain factors into consideration, such as socio-economic, hydrological and geopolitical conditions. These factors are not exhaustive and if other national and natural resources are available to meet the needs of countries in question, these resources have to be taken into account as well.
In spirit of the above mentioned schema, common criteria based on scientific and objective rules for the region should be developed. Such a possible plan which can be realized by the officials and technicians of the riparian states alone, could be formed under three stages as follows:
Stage 1 - Inventory Studies For Water Resources
*
Exchange the whole available data (levels and discharges) of the selected
gauging stations
*
Agreement of the experts upon the nomination of the representative meteorological
stations in Euphrates - Tigris Basin and exchange and check data on them as
well as the whole available data concerning evaporation, temperature, rainfall,
snowfall (if available) on monthly basis for the representative stations.
* To
measure jointly the discharges at the above mentioned selected stations in
different seasons, if necessary and evaluate and correct the measurements.
* To
exchange and check data about the quality of water (if such data is not
available, to exchange it after it is obtained).
* To
calculate the natural flows at various stations after the estimation of water
uses and water losses at various sites.
Stage 2 - Inventory Studies For Land Resources
* To
exchange information concerning soil classification methods and drainage
criteria used and practiced in each country.
* To
check the soil conditions for projects, planned, under construction and in
operation.
* If
the studies indicated under item above could not be carried for reasons
acceptable to all sides, soil categories shall then be determined to the extent
possible.
* To
study and discuss the crop-pattern determined according to soil classification
and drainage conditions for projects, planned, under construction and in
operation.
* To
calculate irrigation and leaching water requirements based on the studies
carried out in the above mentioned items for the projects planned, under
construction and in operation.
Stage 3 - Evaluation of Water and Land Resources
* To
discuss and determine irrigation type and system for the planned projects
aiming at minimizing water losses and to investigate the possibility of the
modernization and rehabilitation of the projects in operation.
*
Based on the project-wise studies under item (2 v.) to determine the total
water consumption of the whole projects in each country including municipal and
industrial water supply, evaporation losses from reservoirs and the conveyance
losses in irrigation schemes.
*To
set up a simulation model which present a river system schematically to analyze
the water demand and supply balance, considering the possibility of transfering
water from Tigris to Euphrates.
* To discuss the methods and criteria for determining the economic viability of the planned projects.
The Plan based on above mentioned basic principles has two essential features:
1. The Euphrates and the Tigris have to be considered as forming one single trans-boundary watercourse system. Consequently, all existing and future agricultural water uses need not necessarily be derived from Euphrates. Irrigation water for areas fed by Euphrates, may also be supplied from the Tigris River.
2. The inventory of water and land resources should be drawn up and evaluated jointly since the methods used in each country for data collection, interpretation and evaluation show disparities from country to country and are not readily applicable to trans-boundary watercourses.
Finally, necessary means and measures should be determined to attain the most reasonable and optimum utilization of resources on the basis of the above mentioned studies
The water itself is not the heart of the problems of the Middle East, although it is scarce and limited. The problem lies in the rising population numbers and the malfunctioning of economies. (Salameh,1993). The shortage in oil rich countries of the Middle East has not yet surfaced because oil revenues have compensated for the water shortage by supplying subsidized desalinated water. But once these revenues decline, the water supply situation will not continue to be the same as it used to be in the last few decades. Countries poor or devoid of adequate oil and gas resources to drive their economies have been practically obliged to develop agriculture, which has a prohibitive constraint which is the availability of water.
If the water situation remains unresolved in different parts of the Middle East, there will come a point where the population can not withstand a lack of water. The acute shortage of water, if left unresolved, is bound to further exacerbate tensions and conflict. No country in the region can resolve its water problem independently without encroaching upon the resources of its neighbors. Hence no comprehensive water development can take place without peace, and -conversely- no peace is possible or sustainable without such development.
A solution for the region must take in account the specific conditions, historical as well as political development. Countries once unified under the Ottoman Empire are only since 80 years sovereign states (the majority of them are ruled by undemocratic systems). Due to national boundaries created in the post-Ottoman Middle East, all three countries share disproportionate ownership of both rivers. The unequal distribution and extensive use by each riparian as well as mistrust against the other neighbor, has given rise to contemporary geopolitical disputes.
It is clear that equitable, rational and optimum utilization of water resources can be achieved through a scientific study which will determine the true water needs of each riparian country. The steps (e.g the "Three Stage Plan") in this direction, can create a positive atmosphere which will be conductive to use in cooperation and mutual benefit not only water but also other natural resources. Thus, these steps will also promote confidence between the states of the region.
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