英文

CATCHMENT BASIN MANAGEMENT OF WATER

STER

Law Offices of Laster and Gouldman,48Azza Road,Jerusalem,Israel92384

e-mail:laster@.il

Abstract.With the declaration of the State of Israel in1948,Israel inherited the Ottoman law for water and not the English Rule of Riparian Rights.The Ottoman law allowed the State to control the water sources and,in fact,did not allow private ownership of water sources.In its early years, Israel promulgated some of the most forward looking legislation in the world concerning protection of water sources.But as time went on,Israel lost its preeminence in the water protection field,while other countries revised their water laws in light of the environmental revolution.It is now time for Israel to redesign its water system along catchment basin lines.

Keywords:catchment basin management,comparison with England and France,management of water resources,Israel,water legislation,water pollution

1.Introduction

For the last forty years Israel has moved in the direction opposite to that of Britain and France in the management of its water resources.Israel has also achieved the opposite results:poor water quality and a bloated,inefficient water management system.It didn’t have to be that way.In the1950s Israel had passed four of the most forward looking water laws in the western world.But,as the State developed,vested interests,on the one hand,and a lack of political will and foresight,on the other,gradually dismantled the water management system developed in the1950s.

Today Israel can no longer serve as a beacon for other countries in its water management system.As this article will show,Israel should learn from other countries before it is too late.

2.France

The French water management system underwent a major overhaul during the last thirty years(Sironneau,1993;1996).This overhaul can only be described as revolutionary in scope.It required the passage of major legislative acts and the restructuring of some of France’s executive bodies.

Beginning in1958,France began the slow process of integrating its water management system.Prior to1958,the Minister of Agriculture was responsible for rural water supplies,the Minister of Public Works for shipping and flood protection,the Minister of Industry for industrial power requests,the Minister of Interior for supervision of the communes–the local authorities that are

Water,Air,and Soil Pollution123:437–446,2000.c2000Kluwer Academic Publishers.Printed in the Netherlands.

responsible for water distribution to their residents,the Minister of Health for aspects relating to hygiene,and the Treasury for finance.In1959a Water Commission was created as a think tank to develop the principles for reorganization of the system.The commission held that1)the interdependence of water uses in the hydro graphic basin requires solidarity to encourage all users to minimize pollutant outfalls;2)national water management is only possible if one recognizes water’s economic value and water pollution’s negative value;and 3)water resources of a given basin must be considered a single resource so that long term water planning must consider the needs of all users in the context of the basin as a whole.

The commission report was followed by the creation of a Permanent Secretary for the Study of Water Problems.At the same time,France instituted political and administrative changes in its executive branch with its creation of regions.These changes encouraged the Secretariat to draft the Water Act of 1964.The Act divided France into six hydro graphic units governed by basin committees and served by Water Boards.It introduced water quality objectives and it increased the supervisory power of the state to minimize pollution.The government then created the Ministry of Environment in1971and one of its immediate goals was to create uniformity and add a measure of professional responsibility in the field of water management.Among the new ministry’s responsibilities was supervision over the Water Boards along with its responsibility for water policy,water quality regulations and planning.

The Draft Act of1964was passed into law in1968and it led to improvements in every facet of water management.With its implementation,the Act highlighted further inadequacies in water management.For example,non point sources of pollution,the treatment of waste water and storm water.These inadequacies,together with the new demands of the European water directives for water quality led France to revise the1968law by the French Water Act of January1992.The new law increased the public’s involvement in water management,recognized water as part of France’s heritage,upgraded the powers of the local authorities(the communes)with respect to sewerage services and introduced a regional system of planning.

Probably the two most exciting aspects of France’s water management system are the basin committee and its planning apparatus,the Water Resource Development and Management Plan(SDAGE).Each of the six hydro graphic units has a basin committee which acts as a water parliament.These “parliaments”are composed of users,local representatives and professionals (40-45%of the seats);representatives of the region,departments and the communes(38%of the seats)and representatives of the state(19-23%of the seats).The total number of members in each of the six basin committees ranges between61and114,depending on the size of the basin.Here debates among users,polluters and government representatives lead to the approval of the water board’s annual budget and the SDAGE.

The SDAGE defines the general criteria for the use,development and qualitative and quantitative objectives of surface and ground water in the basin.The SDAGE and the budget allocations approved by the basin committee are then implemented by the Water Boards,presently called the Water Agencies(Agence de l’Eau).The Water Agencies collect fees from abstract or s and polluters and this money is used to purify water and aid in its conservation.The agencies also have the duty of studying the basin,monitoring water quality and quantity and carrying on research projects and assistance in training programs.Their main