Legal Framework for Allocation of Water and for Protection of Water Quality / Marcia Gelpe
All water sources in Israel according to The Water Law-1959 are designated by statute to be public property, subject to control of the State. The State is to exercise its control in a way that serves the needs of the residents of the state and development of the country. In order to control water pollution the State of Israel has developed an extensive and complex system, which involves a number of different types of licensing and permitting schemes. Authority for operating the system is spread through a substantial number of governmental agencies. The legal framework for Palestinian and Israeli cooperation on water issues must address both issues of quantitative allocation of shared water resources and of protection of water quality. Protection of water quality is related to protection of water quantity in several ways. This Chapter sets out the existing Israeli legal regimes for water quantity allocation and for protecting water quality. It then examines Israel's implementation and enforcement means. What legal adjustments would be needed to allow the two regimes to work together, is the final question that needs to be addressed.
The Palestinian Legal Regime for Water Quality Protection / Hiba I. Husseini
The legal heritage in Palestine dates far back to various historical eras including the Ottoman rule, British Mandate, Jordanian/Egyptian rule, and the Israeli military orders issued during the Israeli rule and last in the layers, are Palestinian laws and regulations. In respect of water, the various legal traditions have had significant impact on shaping water issues. After the 1967 war Israel declared all water resources in the region as State Property. The Military Order transferred the authority over Palestinian Territories water resources to the area military commander and forbidden the unlicensed construction of new water infrastructures. With increased settlement construction in the Palestinian Territories, Israel imposed stringent restrictions on the Palestinians concerning the development of the water resources. These regulations were intended to allow meet the growing consumption which often exceeded supply. Pursuant to the Interim Agreement signed between the Palestinians and Israelis in 1995 a Palestinian Water Authority (PWA) was established. To date, the philosophy of a new Palestinian legislation is that the water resources of Palestine are common public property; they are controlled and managed by the government for the benefit of the people and for the development of Palestine. The main highlights of the law are described in this chapter, along with the institutional framework for water management in the Palestinian Authority.
