Basic concepts

TRANSBOUNDARY TRANSBOUNDARY

GROUNDWATER

A model : The Bellagio Draft A model : The Bellagio Draft

Treaty

Basic concepts

• Designation of critical areas (hot spots)

• Enforcement left to national agencies Enforcement left to national agencies

• Joint body with limited substantive

di ti b t t t k

discretion, but power to take

initiative

Structure

• Joint body (Commission)

• Based on data & information, declares Transboundary y

Groundwater Conservation Areas

• Preparation of management plans Preparation of management plans

• Emphasis on planned depletion &

drought management drought management

• Groundwater protection

The Commission: functions e Co ss o u ct o s

• To declare Transboundary Groundwater

C ti A D ht Al t

Conservation Areas, Drought Alerts, Drought Emergencies & Public Health Emergencies;

Emergencies;

• To promulgate plans, including depletion plans;

plans;

• Any other matter, as referred to it by the [two] governments jointly;

[two] governments jointly;

• To provide advice to each individual government upon request;

government upon request;

• To assess periodically the effectiveness of measures taken by states & report on it;

measures taken by states & report on it;

• To maintain database

Database Database

Created and maintained by the Commission Data provided by the parties

Content of database:

• QuantityQuantity

• Quality

• Aquifer geometry

• Aquifer geometry

• Recharge rates

• Interaction with surface water

• Interaction with surface water

• Other relevant data

Duty of Commission to y carry out research

• Identification of data gaps & remedial action

• Identification of present & potential uses

• Assessment of the impact of present andAssessment of the impact of present and potential development

• Study of possible alternative sources ofStudy of possible alternative sources of surface and groundwater supply, taking into consideration conjunctive usej

• Assessment of potential for and effects of drought, floods & contaminationg ,

Water quality protection

• Duty of the parties to protect & improve

d t lit d t id

groundwater quality, and to avoid appreciable harm

• Duty to inform the Commission of actual or planned significantly polluting

discharges into transboundary

groundwater or discharge area, and of potential leakages

Declaration of Transboundary y Groundwater Conservation Area

• By the Commission

– Withdrawals exceed recharge

– Recharge is or will become impaired

– Water use as source of drinking water is or will become impaired

G

– Groundwater contamination – Drought

• Governments may object within 180 days

Comprehensive p management plans

• Prepared by the Commission for TGCA

S b itt d t t

• Submitted to governments

• Power of governments to object within 180 d

days

• In the absence of objections, adopted by

C i i

Commission

• Implementation monitored by Commission

• In the case of objections, referral to governments for resolution by

lt ti

consultation

Content of plans Content of plans

• Measures to prevent, mitigate or eliminateMeasures to prevent, mitigate or eliminate quality degradation (incl. control of land use)

• Groundwater allocation

• Limitations concerning wellstat o s co ce g e s

• Aquifer recharge programmes

• Conjunctive use programmesConjunctive use programmes

• Quality & quantity control integration programmes

programmes

• Other measures as deemed appropriate

Pl d d l ti

Planned depletion

Pl t b d d d ( ith

• Plan to be prepared and approved (with the consent of the governments) by the Commission

Commission

• Depletion to take place over a calculated period of time

period of time

• Information to be provided by governments

governments

• Possible content of plan:

A ti t f

– Apportionment of uses

– Specification of rates & means of extraction Authorization of advances exchanges and – Authorization of advances, exchanges and

transboundary transfers

Drought management plan g g p

• To be prepared by the Commission and approved by the governments

approved by the governments

• Data to be supplied by the governments

M d t t t

• Mandatory content:

– Indication of preconditions for the declaration of a drought alert and of conservation

of a drought alert and of conservation measures

– Indication of preconditions for the declarationIndication of preconditions for the declaration of a drought emergency and of ensuing

measures

P i i f h d t l i l it i

– Provisions for hydrometeorological monitoring and for monitoring compliance with measures – Provisions for reporting to governments

– Provisions for reporting to governments during drought alert or drought emergency

Drought management plan Drought management plan

(cont’d) (cont d)

• Non-mandatory contenty

– Designation and reservation of certain aquifers or well sites for use in times of drought

– During drought emergency, provision for

• Conjunctive management of surface water &

d t groundwater

• Increase or reduction in allowable withdrawals (maintaining the ratios set)

( g )

• Use of designated and reserved groundwater

– Other structural and non-structural measures