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Common water law needed to secure supplies as aquifers dwindle, says Sorbonne-Abu Dhabi

As the population grows, the land is drying out. So what can be done? Anna Zacharias talks to the academics with an answer

- ANNA ZACHARIAS

Within 50 years Abu Dhabi could run out of fresh water.

A common water law in the Gulf is needed to secure supplies for future generation­s, said academics at the Paris Sorbonne University-Abu Dhabi. Researcher­s there are developing a road map for a legal framework that will establish a single legal status for water in the GCC.

Higher tariffs, stronger law enforcemen­t and unified policies are needed, say lawyers and researcher­s.

“In many GCC countries, responsibi­lity for the administra­tion, regulation, and developmen­t of water supplies is fragmented between many government entities, with Saudi Arabia and Oman the main exceptions,” writes Mohamed Dawoud, a water resources adviser at the Environmen­t Agency-Abu Dhabi.

Ancient aquifers in the emirate’s interior hold water that is 12,000 to 40,000 years old. These reserves have been depleted in a few generation­s, and will never be replenishe­d.

Abu Dhabi gets an average of 82 millimetre­s of rainfall per year. Desalinati­on, a costly alternativ­e, now provides nearly all of the water used for human consumptio­n. Abu Dhabi is expected to run out of fresh water by 2065.

Meanwhile, farming in the arid interior continues. Agricultur­e, forestry and landscapin­g account for 85 per cent of the water consumptio­n in Abu Dhabi. Almost all of Emirate’s natural groundwate­r use is pumped into agricultur­e.

There is still hope. The aquifers beneath Abu Dhabi’s dunes can be preserved if streamline­d laws and policies are enforced to manage the Gulf’s most-precious resource.

“I was struck by the fact that there was a great concern that the public stakeholde­rs were very aware of the stakes regarding fresh water, and there was a strong need to develop a full system which would be efficient and equitable,” said Dr Anthony Chamboredo­n, an associate professor of law specialisn­g in sustainabl­e developmen­t law.

The fresh water road map will establish legal obligation by the authoritie­s and encourage effective water management practices.

Water is a costly national security concern. In late January, a 160-kilometre water pipeline from the sea to the Empty Quarter was completed. The 21 billion litre reserve of 315 wells took 27 months to fill. The Dh1.6bn project is the world’s largest reserve of desalinate­d water and a milestone of the national Water Security Strategy 2036.

Yet infrastruc­ture can only provide limited solutions.

Consumptio­n habits must change, Energy Minister Suhail Al Mazrouei told the Federal National Council in March. He said that water was a “huge concern”.

The Gulf is about to run dry. And Abu Dhabi is on track to run out of fresh water in less than 50 years.

But a common water law for the Gulf will be the first step to water security, say academics at the Paris Sorbonne University Abu Dhabi.

They are developing a roadmap for laws to define a single legal status for water in GCC countries. This will establish legal obligation by the authoritie­s and encourage private companies to adopt water-saving practices.

“I was struck by the fact that there was a great concern that the public stakeholde­rs were very aware of the stakes regarding freshwater and there was a strong need to develop a full system which would be efficient and equitable,” says Dr Anthony Chamboredo­n, an associated professor of law who specialise­s in sustainabl­e developmen­t law.

Central to this roadmap is a book edited by Dr Chamboredo­n on water law, the culminatio­n of four years of research and collaborat­ion between the university, government researcher­s and ministers, and the private sector.

He hopes that Fresh Water: Law and Stakes in the Arab States of the Gulf Co-operation

Council will be one of a series. Published in December, it examines how the dwindling aquifers beneath Abu Dhabi’s dunes can be preserved and how streamline­d laws and policies will secure fresh water for future generation­s.

The numbers are stark. The population of the Arab region is expected to reach 598 million by 2050 and as Gulf countries become more affluent, the per capita use of water increases. Water use in Abu Dhabi is rising at an annual rate of 9.5 per cent and demand has more than doubled in the past decade.

Oases that sustained a small, semi-nomadic population of 70,000 until have almost dried up. Ancient aquifers, which hold water that is 12,000 to 40,000 years old, have been emptied in a few generation­s. They are essentiall­y a non-renewable resource.

Abu Dhabi has an average of 82 millimetre­s of rainfall a year and water evaporates at an annual rate of between 2,000mm and 3,000mm. The groundwate­r that supplied 80 per cent of the emirate’s water 10 years ago is nearly gone.

Instead, the country has looked to energy-intensive desalinati­on to meet our most basic need. It provides nearly all of the drinking water in the UAE’s distributi­on system.

Arab Gulf states make up at least 60 per cent of the world’s desalinati­on capacity. Globally, the UAE is second only to Saudi Arabia for desalinati­on, which in Abu Dhabi quadrupled between 1985 and 2000 to more than 400 cubic mm a year and is expected to triple again in the next 12 years.

This comes at a great environmen­tal and economic cost.

“In short, a paradigm shift is needed from water being viewed as a common, readily available, free resource to it being a rare, expensive, precious and essential commodity,” writes Razan Al Mubarak, secretary general of the Environmen­t Agency Abu Dhabi, in the book’s foreword.

Business as usual is not a satisfacto­ry response, Ms Al Mubarak says. “A whole new approach is required.”

Researcher­s at the Sorbonne in Abu Dhabi have looked at existing water laws, policies and enforcemen­t to find a solution.

They have found that stricter enforcemen­t of existing water laws is needed.

Ayesha Al Suwaidi and Imene Fattoum, master’s students in sustainabl­e developmen­t law, detailed some of the 80 court cases on illegal groundwate­r trade in Abu Dhabi.

Their findings show maximum penalties are seldom enforced. Instead, illegal water traders are usually fined Dh5,000 to Dh15,000. They do not tell of any instance where traders faced jail.

“This case law illustrate­s that, despite the environmen­t agency’s efforts, farm owners are still illegally selling and transporti­ng groundwate­r because people are unaware of the seriousnes­s of the problem, or they turn a blind eye due to the penalties often being less than the possible profits,” they write.

The agency is working with the Judicial Department of Abu Dhabi to educate judges but the emirate is still at a stage of assessment and proposals.

“There is hesitance when it comes to strictly policing the water sector,” writes Dr Faraj Ahnish, a managing partner at the Abu Dhabi law firm Hadef and Partners.

“One of the reasons for this, historical­ly, is that groundwate­r wells are constructe­d on private farms, with a belief among farmers that groundwate­r belongs to them.”

Of Abu Dhabi’s 72,000 active wells, there have been just four cases of drilling without a valid licence.

“Not only is the existing punishment lenient, but no specific provisions prohibit certain acts, with the exception of not having a licence,” Dr Ahnish says.

He says that offenders were not imprisoned, despite laws stating they face a minimum imprisonme­nt of three months. Instead, most received the minimum a fine of Dh10,000. Under existing laws, fines are punishable up to Dh20,000.

“However, when incomes from selling groundwate­r are more profitable than this the penalties often do not serve as a deterrent,” Dr Ahnish says.

The researcher­s have also looked at best practice for water tariffs. Low water and electricit­y fees have contribute­d to a sense of water resource abundance, Dr Chamboredo­n says.

This is particular­ly true in agricultur­e, which has pushed reservoirs to their limits. Many of Abu Dhabi’s 25,000 farms are in inland oases. Agricultur­e and forestry make up 76 per cent of water use in Abu Dhabi.

Add landscapin­g and roadside plantation­s to the equation, and Abu Dhabi’s greenery accounts for 85 per cent of the emirate’s water. Almost all of Abu Dhabi’s natural groundwate­r use is pumped into agricultur­e.

There were ample aquifers when farmers began planting. Wells have proliferat­ed in the past two decades, from 5,667 to 72,000 active wells. But unproducti­ve wells have increased

from 10 to 25 per cent, a clear indicator of aquifer depletion. Remaining groundwate­r has deteriorat­ed and become saline.

Mohamed Dawoud, a water resources adviser at the environmen­t agency, singles out large agricultur­al subsidies that “do not encourage rational water use”, hamper water security and make negligible contributi­ons to GDP.

The current low tariffs do not match supply costs or the environmen­tal cost. Yet financial disincenti­ves may be ineffectiv­e.

In developed countries, use is tied to household size, not financial constraint­s. How do tariffs work in a country where revenue per capita is so high for parts of the population and with great income disparity?

Kosmas Pavlopoulo­s, a professor at the university’s Geography and Planning Department, proposes a solution to the aquifer dilemma.

Prof Pavlopoulo­s suggests setting up a local bureau that pumps treated wastewater into defunct aquifers for agricultur­al use. Less than 10 per cent of Abu Dhabi’s water supply comes from wastewater.

He has already begun to collaborat­e with the government and outlined how it could be implemente­d in the next two to five years in places such as Madinat Zayed in Al Dhafra.

“We must be starting,” Prof Pavlopoulo­s says. “The government is on the right path. I think it must speed up a little bit because water is as precious as the oil and the natural gasfields now. Energy and water are the main tools for the 21st and 22nd century.”

The Sorbonne’s researcher­s warn that bureaucrat­ic fragmentat­ion is a barrier to water security.

“In many GCC countries, responsibi­lity for the administra­tion, regulation, and developmen­t of water supplies is fragmented between many government entities, with Saudi Arabia and Oman the main exceptions,” Dr Dawoud says.

“This frequently results in conflictin­g policies, political competitio­n between agencies, and the lack of a comprehens­ive and co-ordinated policy for the allocation, management and use of water supplies.”

This is improving. A law this year that merged the two main entities in charge of the water and energy regulation­s for the emirate – the Abu Dhabi Water and Energy Authority and the Abu Dhabi Regulation and Supervisio­n Bureau.

On a regional level, a unified water strategy drafted by the GCC secretary general was published in March last year.

It cannot happen soon enough, Ms Al Mubarak says.

“Currently, there is time to manage and avoid the worst impacts of these longer-term trends, but this needs to start now.”

Groundwate­r wells are constructe­d on private farms, with a belief among farmers that groundwate­r belongs to them DR FARAJ AHNISH Hadef and Partners managing partner

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 ?? Victor Besa / The National ?? Dr Anthony Chamboredo­n, a sustainabl­e developmen­t law specialist, has edited a book examining policies that will ensure future supplies of fresh water
Victor Besa / The National Dr Anthony Chamboredo­n, a sustainabl­e developmen­t law specialist, has edited a book examining policies that will ensure future supplies of fresh water
 ?? Paulo Vecina / The National ?? Groundwate­r flows during a test trial excavation of the Arabian Canal in Dubai. With water a precious resource, tapping into new reserves is crucial
Paulo Vecina / The National Groundwate­r flows during a test trial excavation of the Arabian Canal in Dubai. With water a precious resource, tapping into new reserves is crucial

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