ACKNOWLEDGMENTCONTENTSNote1. INTRODUCTION2. ORGANIZATION OF THE CHAPTER3. THE NEGOTIATIONS3.1. The Negotiations: Bilateral and Multilateral Arenas3.2. The Negotiations: Venues and Environment3.3. The Negotiations: A Single Negotiated Text (SNT)3.4. The Negotiations: Israel–Jordan and Other Regional Parties3.5. The Negotiations: The Delegations3.6. The Negotiations: Confidence Building Measures (CBMs)3.7. The Negotiations: Combination of Many Topics3.8. The Negotiations: Dealing with Water Rights3.9. The Negotiations: The Effect of Tragic Events in the Region4. THE AGREEMENT4.1. The Agreement: The Joint Water Committee4.2. The Agreement: Cooperation4.3. The Agreement: Rightful Allocations4.4. The Agreement: Priority given to Existing Uses4.5. The Agreement: “Increasing the Pie”4.6. The Agreement: Groundwater in Wadi Araba/Emek Ha’arava4.7. The Agreements: Dealing with Variability of Flows in the Rivers4.8. The Agreement: Insufficient Storage4.9. The Agreement: Water Quality4.10. The Agreement: Its Complexity Provides a Means for Marketing it4.11. The Agreement: ObservationsBIBLIOGRAPHYAPPENDIXTreaty of Peace between The State of Israel and The Hashemite Kingdom of Jordan Done at Arava/Araba Crossing Point On 26 October 1994Article 6. – WaterAnnex IIWater Related MattersArticle I. – Allocation1. Water from the Yarmouk River2. Water from the Jordan River3. Additional Water4. Operation and MaintenanceArticle II. – StorageArticle III. – Water Quality and ProtectionArticle IV. – Groundwater in Emek HaArava/Wadi ArabaArticle V. – Notification and AgreementArticle VI. – Co-operationArticle VII. – Joint Water CommitteeJORDAN RIVER CASE STUDY, PART II: The Negotiations and the Water Agreement between The Hashmite Kingdom of Jordan and the State of Israel Uri Shamir Stephen and Nancy Grand Water Research Institute Technion – Israel Institute of Technology With additional notes by Munther Haddadin Special Counselor to HRH Prince El Hassan Bin Talal (Provisional version)The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The authors are responsible for the choice and the presentation of the facts contained in this book and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization.ACKNOWLEDGMENT This case study is a contribution from UNESCO’s International Hydrological Programme to the World Water Assessment Programme. It was prepared within the framework of the joint UNESCO–Green Cross International project entitled “From Potential Conflict to Co-operation Potential (PCCP): Water for Peace,” and was made possible by the generous financial assistance of the Japanese government.CONTENTS 1. Introduction 1 2. Organization of the Chapter 2 3. The Negotiations 2 3.1. The Negotiations: Bilateral and Multilateral Arenas 2 3.2. The Negotiations: Venues and Environment 3 3.3. The Negotiations: A Single Negotiated Text (SNT) 4 3.4. The Negotiations: Israel-Jordan and Other Regional Parties 5 3.5. The Negotiations: The Delegations 6 3.6. The Negotiations: Confidence Building Measures (CBMs) 7 3.7. The Negotiations: Combination of Many Topics 8 3.8. The Negotiations: Dealing with Water Rights 9 3.9. The Negotiations: The Effect of Tragic Events in the Region 9 4. The Agreement 10 4.1. The Agreement: The Joint Water Committee 10 4.2. The Agreement: Cooperation 10 4.3. The Agreement: Rightful Allocations 10 4.4. The Agreement: Priority given to Existing Uses 11 4.5. The Agreement: "Increasing the Pie" 11 4.6. The Agreement: Groundwater in Wadi Araba/Emek Ha'arava 12 4.7. The Agreements: Dealing with Variability of Flows in the Rivers 12 4.8. The Agreement: Insufficient Storage 13 4.9. The Agreement: Water Quality 13 4.10. The Agreement: Its Complexity Provides a Means for Marketing it 14 4.11. The Agreement: Observations 14 Bibliography 15 Appendix: Treaty of Peace between The State of Israel and The Hashemite Kingdom of Jordan Done at Arava/Araba Crossing Point On 26 October 1994 16 Article 6. - Water 16 Annex II: Water Related Matters 16Map 1. Jordan River, Dead Sea and Wadi Arava catchment area1 Note The authors of Part 1 and Part 2 of this case study, Munther Haddadin and Uri Shamir respectively, have agreed to comment on each other’s accounts. The footnotes to this text are comments by Munther Haddadin. The October 1994 Jordan–Israel Peace Treaty will sometimes be referred to for brevity as the Treaty, while its Annex II “Water Related Matters” will be referred to as the water agreement. 1. INTRODUCTION Part 1 of this case study provided the background on the Jordan River (see Map 1) and the various proposals made during the first six decades of the twentieth century for dividing its waters. Until the 1980s there were no significant new proposals. In the 1980s, a discreet agreement was reached between Jordan and Israel, to make arrangements on the Yarmouk River for sharing its waters.1 This was accomplished, after ad hoc agreement on the timing and quantities, by adjusting a sand bar on the riverbed, and later by placing sand bags across the Yarmouk riverbed just below the diversion point from the river into Jordan’s King Abdallah Canal (KAC, formerly the East Ghor Canal), to raise the water level and increase the diversion flow. These arrangements were obviously made with the blessing of the leaders on both sides, but they did not constitute a formal agreement. Experts from the two sides, accompanied by officers of the respective armies and by an officer of the United Nations Truce Supervision Organization, met at the diversion point (Adassiya/Point 121), for what is sometimes called the “Picnic Table Meetings” (Haddadin, 2002, pp. 258ff), and were designed to respond to requests by either side to adjust the flow to either country, especially in the dry months, and help alleviate the water shortage and human suffering in Jordan. Physical modifications of the riverbed at the diversion point and the use of the sand bags are described by Haddadin (2002, Chapter 7). The meetings on the Yarmouk River served to create working relations and mutual respect between the water experts