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different types of licensing and permitting schemes. Authority for operating the system is spread through a substantial number of governmental agencies. Enforcement of the legal requirements, while not as strong as some would wish, is well established. In addition, a number of Israeli environmental NGOs operate as watchdogs over the system, working through the administrative agencies and through the courts to see that legal requirements are implemented and enforcement is taken against the most prominent violators. These organizations are working to establish a broad expectation that the law will be observed. The last few years have seen increasing efforts by the state and its agencies to enforce water laws and increasing willingness of the courts to impose meaningful penalties on violators. references Adam, R. 2000. Government failure and public indifference: A portrait of water pollution in Israel. Colorado Journal of International Environmental Law and Policy 11:257. Civil Wrongs Ordinance. 2008. Israeli Legislation based on British Mandate Ordinance. Available at Israel Ministry of Environment, Legislation (in Hebrew). Cr. C. 714/04 State of Israel v. Chatam Araaf, Krayot Municipal Court, March 11, 2008. Cr. C. 4831/01 State of Israel v. Carmel Chemicals, Haifa Municipal Court, June 12, 2006. Cr. C. 9467/04 State of Israel v. Dan Association of Cities for Sewage, Tel Aviv Municipal Court, June 25, 2007. The Israel Union for Environmental Defense v. Minister of Interior. 1994. 2004 H.C.J. 1131\93, Takdin Elyon 94(1) 324, January, 19. The Law on Prevention of Environmental Nuisances (Civil Complaints). 1992. Merom-Albeck, O., and A. Tal. 2000. Upgrading citizen suits as a tool for environmental enforcement in Israel: A comparative evaluation. Israel Law Review 34:373, 423. Planning and Building Rules (Environmental Impact Statements). 2003. Rotenberg, R. 1998. Enforcement strategies of the Israel Ministry of Environment. Paper presented at the Fourth Annual International Conference on Environmental Compliance and Enforcement, http://www.inece.org/4thvol2/rotenber.pdf (accessed November 8, 2009). Talitman, D., A. Tal, and S. Brenner. 2003. The devil is in the details: Increasing international law’s influence on domestic environmental performance—the case of Israel and the Mediterranean Sea. New York University Environmental Law Journal 11:414. Legal Framework for Water Quality in Israel 97 O Editors’ Summary Water Quantity Allocation It is assumed that water quantity allocation will be addressed in an agreement between Palestinians and Israelis and that such an agreement may require changes in the existing domestic legal rules of both parties. For the most part, both entities have legal regimes in place for water quantity allocation, and these could be used to divide up the amount of water the entity receives under any agreement. The two legal regimes differ in that there are private water-use rights under the Palestinian regime but not under the Israeli regime. These use rights can be controlled and even extinguished by the central authority. It is likely that with the shortage of water, both regimes will have to alter current allocations of rights to use water, and doing so may create either a legal or political need for compensation. Water Quality Protection Water quality will probably continue to be driven by domestic legislation. Because Palestinians and Israelis share many of the water resources, and the failure of either to protect water quality severely affects both parties, it will be essential to find a way to make the two systems for water quality protection compatible. This will be especially important in cases where the actions of one side affect the water quality of the other side, such as in the following cases: • wastewater disposed of in one area can reach the other, either via the surface or through shared groundwater; • land disposal of solid waste or building construction in one area can pollute shared groundwater sources; • joint planning for water pollution prevention projects. Coordination of water quality standards will be essential. Israel traditionally has taken a position which expects the Palestinians to meet Israeli requirements, even as compliance with them in Israel and in Israeli West Bank settlements is frequently deficient. Environmental expectations must be adjusted to meet available capacity. To some extent, the answer to this quagmire involves phasing in more stringent performance standards through realistic timetables. Just as East German industries were allotted several years to meet the higher West German environmental expectations after unification, Israelis and Palestinians will need to agree that Palestinians need a grace period to allow for the improvement of both the physical infrastructure and human...

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