Schedule 8 - Water and Sewage - Joint Water Committee
Schedule 9 - Water and Sewage - Supervision and Enforcement Mechanism
Schedule 10 - Water and Sewage - Data Concerning Aquifers
Schedule 11 - Water and Sewage - The Gaza Strip
Side Letter - Bezeq
Article 40
Water and Sewage
On the basis of good-will both sides have reached the following agreement in the sphere of Water and Sewage:
Principles
Israel recognizes the Palestinian water rights in the West Bank. These will be negotiated in the permanent status negotiations and settled in the Permanent Status Agreement relating to the various water resources.
Both sides recognize the necessity to develop additional water for various uses.
While respecting each side's powers and responsibilities in the sphere of water and sewage in their respective areas, both sides agree to coordinate the management of water and sewage resources and systems in the West Bank during the interim period, in accordance with the following principles:
Maintaining existing quantities of utilization from the resources, taking into consideration the quantities of additional water for the Palestinians from the Eastern Aquifer and other agreed sources in the West Bank as detailed in this Article.
Preventing the deterioration of water quality in water resources.
Using the water resources in a manner which will ensure sustainable use in the future, in quantity and quality.
Adjusting the utilization of the resources according to variable climatological and hydrological conditions.
Taking all necessary measures to prevent any harm to water resources, including those utilized by the other side.
Treating, reusing or properly disposing of all domestic, urban, industrial, and agricultural sewage.
Existing water and sewage systems shall be operated, maintained and developed in a coordinated manner, as set out in this Article.
Each side shall take all necessary measures to prevent any harm to the water and sewage systems in their respective areas.
Each side shall ensure that the provisions of this Article are applied to all resources and systems, including those privately owned or operated, in their respective areas.
Transfer of Authority
The Israeli side shall transfer to the Palestinian side, and the Palestinian side shall assume, powers and responsibilities in the sphere of water and sewage in the West Bank related solely to Palestinians, that are currently held by the military government and its Civil Administration, except for the issues that will be negotiated in the permanent status negotiations, in accordance with the provisions of this Article.
The issue of ownership of water and sewage related infrastructure in the West Bank will be addressed in the permanent status negotiations.
Additional Water
Both sides have agreed that the future needs of the Palestinians in the West Bank are estimated to be between 70 - 80 mcm/year.
In this framework, and in order to meet the immediate needs of the Palestinians in fresh water for domestic use, both sides recognize the necessity to make available to the Palestinians during the interim period a total quantity of 28.6 mcm/year, as detailed below:
A. Israeli Commitment
Additional supply to Hebron and the Bethlehem area, including the construction of the required pipeline - 1 mcm/year
Additional supply to Ramallah area - 0.5 mcm/year.
Additional supply to an agreed take-off point in the Salfit area - 0.6 mcm/year.
Additional supply to the Nablus area - 1 mcm/year.
The drilling of an additional well in the Jenin area - 1.4 mcm/year.
Additional supply to the Gaza Strip - 5 mcm/year.
The capital cost of items (1) and (5) above shall be borne by Israel.
B. Palestinian Responsibility
An additional well in the Nablus area - 2.1 mcm/year.
Additional supply to the Hebron, Bethlehem and Ramallah areas from the Eastern Aquifer or other agreed sources in the West Bank - 17 mcm/year.
A new pipeline to convey the 5 mcm/year from the existing Israeli water system to the Gaza Strip. In the future, this quantity will come from desalination in Israel.
The connecting pipeline from the Salfit take-off point to Salfit.
The connection of the additional well in the Jenin area to the consumers.
The remainder of the estimated quantity of the Palestinian needs mentioned in paragraph 6 above, over the quantities mentioned in this paragraph (41.4 - 51.4 mcm/year), shall be developed by the
Palestinians from the Eastern Aquifer and other agreed sources in the West Bank. The Palestinians will have the right to utilize this amount for their needs (domestic and agricultural).
The provisions of paragraphs 6-7 above shall not prejudice the provisions of paragraph 1 to this Article.
Israel shall assist the Council in the implementation of the provisions of paragraph 7 above, including the following:
Making available all relevant data.
Determining the appropriate locations for drilling of wells.
In order to enable the implementation of paragraph 7 above, both sides shall negotiate and finalize as soon as possible a Protocol concerning the above projects, in accordance with paragraphs 18 - 19 below.
The Joint Water Committee
In order to implement their undertakings under this Article, the two sides will establish, upon the signing of this Agreement, a permanent Joint Water Committee (JWC) for the interim period, under the auspices of the CAC.
The function of the JWC shall be to deal with all water and sewage related issues in the West Bank including, inter alia:
Coordinated management of water resources.
Coordinated management of water and sewage systems.
Protection of water resources and water and sewage systems.
Exchange of information relating to water and sewage laws and regulations.
Overseeing the operation of the joint supervision and enforcement mechanism.
Resolution of water and sewage related disputes.
Cooperation in the field of water and sewage, as detailed in this Article.
Arrangements for water supply from one side to the other.
Monitoring systems. The existing regulations concerning measurement and monitoring shall remain in force until the JWC decides otherwise.
Other issues of mutual interest in the sphere of water and sewage.
The JWC shall be comprised of an equal number of representatives from each side.
All decisions of the JWC shall be reached by consensus, including the agenda, its procedures and other matters.
Detailed responsibilities and obligations of the JWC for the implementation of its functions are set out in Schedule 8.
Supervision and Enforcement Mechanism
Both sides recognize the necessity to establish a joint mechanism for supervision over and enforcement of their agreements in the field of water and sewage, in the West Bank.
For this purpose, both sides shall establish, upon the signing of this Agreement, Joint Supervision and Enforcement Teams (JSET), whose structure, role, and mode of operation is detailed in Schedule 9. Water Purchases
Both sides have agreed that in the case of purchase of water by one side from the other, the purchaser shall pay the full real cost incurred by the supplier, including the cost of production at the source and the conveyance all the way to the point of delivery. Relevant provisions will be included in the Protocol referred to in paragraph 19 below.
The JWC will develop a Protocol relating to all aspects of the supply of water from one side to the other, including, inter alia, reliability of supply, quality of supplied water, schedule of delivery and off-set of debts.
Mutual Cooperation
Both sides will cooperate in the field of water and sewage, including, inter alia:
Cooperation in the framework of the Israeli-Palestinian Continuing Committee for Economic Cooperation, in accordance with the provisions of Article XI and Annex III of the Declaration of Principles.
Cooperation concerning regional development programs, in accordance with the provisions of Article XI and Annex IV of the Declaration of Principles.
Cooperation, within the framework of the joint Israeli-Palestinian-American Committee, on water production and development related projects agreed upon by the JWC.
Cooperation in the promotion and development of other agreed water related and sewage-related joint projects, in existing or future multi-lateral forums.
Cooperation in water-related technology transfer, research and development, training, and setting of standards.
Cooperation in the development of mechanisms for dealing with water-related and sewage related natural and man-made emergencies and extreme conditions.
Cooperation in the exchange of available relevant water and sewage data, including:
Measurements and maps related to water resources and uses.
Reports, plans, studies, researches and project documents related to water and sewage.
Data concerning the existing extractions, utilization and estimated potential of the Eastern, North-Eastern and Western Aquifers (attached as Schedule 10).
Protection of Water Resources and Water and Sewage Systems
Each side shall take all necessary measures to prevent any harm, pollution, or deterioration of water quality of the water resources.
Each side shall take all necessary measures for the physical protection of the water and sewage systems in their respective areas.
Each side shall take all necessary measures to prevent any pollution or contamination of the water and sewage systems, including those of the other side.
Each side shall reimburse the other for any unauthorized use of or sabotage to water and sewage systems situated in the areas under its responsibility which serve the other side.
The Gaza Strip
The existing agreements and arrangements between the sides concerning water resources and water and sewage systems in the Gaza Strip shall remain unchanged, as detailed in Schedule 11.
