Israel–Jordan Peace Treaty/Annex II

ISRAEL–JORDAN PEACE TREATY

ANNEX II

WATER RELATED MATTERS

Pursuant to Article 6 of the Treaty, Israel and Jordan agreed on the following Articles on water related matters:

Article I: Allocation

1. Water from the Yarmouk River

a. Summer period – 15th May to 15th October of each year. Israel pumps (12) MCM and Jordan gets the rest of the flow.

b. Winter period – 16th October to 14th May of each year. Israel pumps (13) MCM and Jordan is entitled to the rest of the flow subject to provisions outlined hereinbelow: Jordan concedes to Israel pumping an additional (20) MCM from the Yarmouk in winter in return for Israel conceding to transferring to Jordan during the summer period the quantity specified in paragraphs (2.a) below from the Jordan River.

c. In order that waste of water will be minimized, Israel and Jordan         may use, downstream of point 121/Adassiya Diversion, excess flood          water that is not usable and will evidently go to waste unused.

2. Water from the Jordan River

a. Summer period – 15th May to 15th October of each year. In return         for the additional water that Jordan concedes to Israel in winter          in accordance with paragraph (1.b) above, Israel concedes to          transfer to Jordan in the summer period (20) MCM from the Jordan          River directly upstream from Deganya gates on the river. Jordan         shall pay the operation and maintenance cost of such transfer          through existing systems (not including capital cost) and shall          bear the total cost of any new transmission system. A separate         protocol shall regulate this transfer.

b. Winter period – 16th October to 14th May of each year. Jordan is         entitled to store for its use a minimum average of (20) MCM of          the floods in the Jordan River south of its confluence with the          Yarmouk (as outlined in Article II below). Excess floods that are         not usable and that will otherwise be wasted can be utilised for          the benefit of the two Parties including pumped storage off the          course of the river.

c. In addition to the above, Israel is entitled to maintain its         current uses of the Jordan River waters between its confluence          with the Yarmouk and its confluence with Tirat Zvi/Wadi Yabis. Jordan is entitled to an annual quantity equivalent to that of         Israel, provided however, that Jordan's use will not harm the          quantity or quality of the above Israeli uses. The Joint Water         Committee (outlined in Article VII below) will survey existing          uses for documentation and prevention of appreciable harm.

d. Jordan is entitled to an annual quantity of (10) MCM of         desalinated water from the desalination of about (20) MCM of          saline springs now diverted to the Jordan River. Israel will         explore the possibility of financing the operation and          maintenance cost of the supply to Jordan of this desalinated          water (not including capital cost). Until the desalination         facilities are operational, and upon the entry into force of the          Treaty, Israel will supply Jordan (10) MCM of Jordan River water          from the same location as in (2.a) above, outside the summer          period and during dates Jordan selects, subject to the maximum          capacity of transmission.

3. Additional Water

Israel and Jordan shall cooperate in finding sources for the supply to    Jordan of an additional quantity of (50) MCM/year of water of     drinkable standards. To this end, the Joint Water Committee will    develop, within one year from the entry into force of the Treaty, a     plan for the supply to Jordan of the abovementioned additional water. This plan will be forwarded to the respective governments for    discussion and decision.

4. Operation and Maintenance

a. Operation and maintenance of the systems on Israeli territory         that supply Jordan with water, and their electricity supply,          shall be Israel's responsibility. The operation and maintenance         of the new systems that serve only Jordan will be contracted at          Jordan's expense to authorities or companies selected by Jordan.

b. Israel will guarantee easy unhindered access of personnel and         equipment to such new systems for operation and maintenance. This         subject will be further detailed in the agreements to be signed          between Israel and the authorities or companies selected by          Jordan.

Article II: Storage

1. Israel and Jordan shall cooperate to build a diversion/storage dam on    the Yarmouk River directly downstream of the point 121/Adassiya     Diversion. The purpose is to improve the diversion efficiency into the    King Abdullah Canal of the water allocation of the Hashemite Kingdom     of Jordan, and possibly for the diversion of Israel's allocation of     the river water. Other purposes can be mutually agreed.

2. Israel and Jordan shall cooperate to build a system of water storage    on the Jordan River, along their common boundary, between its     confluence with the Yarmouk River and its confluence with Tirat Zvi/     Wadi Yabis, in order to implement the provision of paragraph (2.b) of     Article I above. The storage system can also be made to accommodate    more floods; Israel may use up to (3) MCM/year of added storage     capacity.

3. Other storage reservoirs can be discussed and agreed upon mutually.

Article III: Water Quality and Protection

1. Israel and Jordan each undertake to protect, within their own    jurisdiction, the shared waters of the Jordan and Yarmouk Rivers, and     Arava/Araba groundwater, against any pollution, contamination, harm or     unauthorized withdrawals of each other's allocations.

2. For this purpose, Israel and Jordan will jointly monitor the quality    of water along their boundary, by use of jointly established     monitoring stations to be operated under the guidance of the Joint     Water Committee.

3. Israel and Jordan will each prohibit the disposal of municipal and    industrial wastewater into the course of the Yarmouk or the Jordan     Rivers before they are treated to standards allowing their     unrestricted agricultural use. Implementation of this prohibition    shall be completed within three years from the entry into force of the     Treaty.

4. The quality of water supplied from one country to the other at any    given location shall be equivalent to the quality of the water used     from the same location by the supplying country.

5. Saline springs currently diverted to the Jordan River are earmarked    for desalination within four years. Both countries shall cooperate to    ensure that the resulting brine will not be disposed of in the Jordan     River or in any of its tributaries.

6. Israel and Jordan will each protect water systems in its own    territory, supplying water to the other, against any pollution,     contamination, harm or unauthorised withdrawal of each other's     allocations.

Article IV: Groundwater in Emek Ha'arava/Wadi Araba

1. In accordance with the provisions of this Treaty, some wells drilled    and used by Israel along with their associated systems fall on the     Jordanian side of the borders. These wells and systems are under    Jordan's sovereignty. Israel shall retain the use of these wells and    systems in the quantity and quality detailed an Appendix to this     Annex, that shall be jointly prepared by 31st December, 1994. Neither    country shall take, nor cause to be taken, any measure that may     appreciably reduce the yields of quality of these wells and systems.

2. Throughout the period of Israel's use of these wells and systems,    replacement of any well that may fail among them shall be licensed by     Jordan in accordance with the laws and regulations then in effect. For    this purpose, the failed well shall be treated as though it was     drilled under license from the competent Jordanian authority at the     time of its drilling. Israel shall supply Jordan with the log of each    of the wells and the technical information about it to be kept on     record. The replacement well shall be connected to the Israeli    electricity and water systems.

3. Israel may increase the abstraction rate from wells and systems in    Jordan by up to (10) MCM/year above the yields referred to in     paragraph 1 above, subject to a determination by the Joint Water     Committee that this undertaking is hydrogeologically feasible and does     not harm existing Jordanian uses. Such increase is to be carried out    within five years from the entry into force of the Treaty.

4. Operation and Maintenance

a. Operation and maintenance of the wells and systems on Jordanian         territory that supply Israel with water, and their electricity          supply shall be Jordan's responsibility. The operation and         maintenance of these wells and systems will be contracted at          Israel's expense to authorities or companies selected by Israel.

b. Jordan will guarantee easy unhindered access of personnel and         equipment to such wells and systems for operation and          maintenance. This subject will be further detailed in the         agreements to be signed between Jordan and the authorities or          companies selected by Israel.

Article V: Notification and Agreement

1. Artificial changes in or of the course of the Jordan and Yarmouk    Rivers can only be made by mutual agreement.

2. Each country undertakes to notify the other, six months ahead of time,    of any intended projects which are likely to change the flow of either     of the above rivers along their common boundary, or the quality of     such flow. The subject will be discussed in the Joint Water Committee    with the aim of preventing harm and mitigating adverse impacts such     projects may cause.

Article VI: Co-operation

1. Israel and Jordan undertake to exchange relevant data on water    resources through the Joint Water Committee.

2. Israel and Jordan shall co-operate in developing plans for purposes of    increasing water supplies and improving water use efficiency, within     the context of bilateral, regional or international cooperation.

Article VII: Joint Water Committee

1. For the purpose of the implementation of this Annex, the Parties will    establish a Joint Water Committee comprised of three members from each     country.

2. The Joint Water Committee will, with the approval of the respective    governments, specify its work procedures, the frequency of its     meetings, and the details of its scope of work. The Committee may    invite experts and/or advisors as may be required.

3. The Committee may form, as it deems necessary, a number of specialized    sub-committees and assign them technical tasks. In this context, it is    agreed that these sub-committees will include a northern sub-     committee and a southern sub-committee, for the management on the     ground of the mutual water resources in these sectors.