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iii. Non-Governmental Instruments

44. International Law Association (ILA) - The Seoul Rules on International Groundwaters [1986][106]

Article I - The waters of international aquifers

The waters of an aquifer that is intersected by the boundary between two or more States are international groundwaters if such an aquifer with its waters forms an international basin or part thereof. Those states are basin States within the meaning of the Helsinki Rules whether or not the aquifer and its waters form surface waters part of a hydraulic system flowing into a common terminus.

Article II - Hydraulic interdependence

1. An aquifer that contributes water to, or receives water from, surface waters of an international basin constitutes part of an international basin for the purposes of the Helsinki Rules.

2. An aquifer intersected by the boundary between two or more States that does not contribute water to, or receive water from, surface waters of an international drainage basin constitutes an international drainage basin for the purposes of the Helsinki Rules.

3. Basin states, in exercising their rights and performing their duties under international law, shall take into account any interdependence of the groundwater and other waters including any interconnections between aquifers, and any leaching into aquifers caused by activities and areas under their jurisdiction.

Article III - Protection of groundwater

1. Basin states shall prevent or abate the pollution of international groundwaters in accordance with international law applicable to existing, new, increased and highly dangerous pollution. Special consideration shall be given to the long-term effects of the pollution of groundwater.

2. Basin states shall consult and exchange relevant available information and data at the request of any one of them.

(a) for the purpose of preserving the groundwaters of the basin from degradation and protecting form impairment the geologic structure of the aquifers, including recharge areas;

(b) for the purpose of considering joint or parallel quality standards and environmental protection measures applicable to international groundwaters and their aquifers.

3. Basin states shall cooperate, at the request of any one of them, for the purpose of collecting and analyzing additional needed information and data pertinent to the international groundwaters or their aquifers.

Article IV - Groundwater management and surface waters

Basin states should consider the integrated management, including conjunctive use with surface waters, of their international groundwaters at the request of any one of them.

45. Bellagio "Model Agreement Concerning the Use of Transboundary Groundwaters" [1989][107]

The High Contracting Parties,

Motivated by the spirit of cordiality and cooperation which characterizes the relations between them;

Desirous of expanding the scope of their concerted actions with respect to the problems confronting their Peoples along their common frontier;

Recognizing the critical importance of their transboundary water resources and the need to enhance the rational use and conservation of the said resources on a long-term basis;

Noting especially the present unsatisfactory state of protection and control of their transboundary groundwater as well as the prospects of crisis conditions in some areas because of increasing demands upon, and the decreasing quality of, those groundwaters;

Seeking to provide for the utilization, protection and control of those groundwaters on an equitable basis and, to that end, for the creation and maintenance of an adequate data base;

Recognizing that the optimum and efficient use of their transboundary water resources is essential to the interests of both Parties;

Resolving to protect the quality of the transboundary groundwaters for present and future generations;

Wishing to resolve amicably any difference that may arise in connection with the use, protection or control of the said transboundary groundwaters and, for that purpose, to utilize a joint agency; and

Concluding that the best means to achieve the rational management of their transboundary water resources and the protection of the underground environment is to adopt, in principle, an integrated approach including, where appropriate, the conjunctive use of surface water and groundwater in their border region,

Have agreed as follows:

[Omitted: Comment]

Article I - Definitions

As used in this agreement:

1. "Aquifer" means a subsurface waterbearing geologic formation from which significant quantities of water may be extracted.

2. "Border region" means the area within approximately kilometers from each side of the mutual boundary as set forth on the annexed map.

3. "The Commission" means the agency designated in Article m, para. 1, of this Agreement.

4. "Conjunctive Use" means the integrated development and management of surface and groundwater as a total water supply system.

5. "Contaminant" means any substance, species or energy which detrimentally affects directly, indirectly, cumulatively or in combination with other substances, human health or safety or agricultural or industrial products or processes, or flora, fauna or an ecosystem.

6. "Contamination" means any detrimental chemical, physical, biological, or temperature change in the content or characteristics of a body of water.

7. "Depletion" means the withdrawals of water from an aquifer at a rate faster than it is recharged, otherwise known as "mining" the water.

8. "Drought" means a condition of abnormal water scarcity in a specific area resulting from natural conditions.

9. "Drought Alert" means the declared condition provided for in Article XII.

10. "Drought Emergency" means the declared emergency provided for in Article XII.

11. "Drought Management Plan" means the plan provided for pursuant to Article XII.

12. "Environmental sensitivity" means vulnerability or susceptibility to changes detrimentally affecting the quality of life of one or more biological or physical systems

13. "Government(s)" means the governments of the Parties to this Agreement.

14. "Groundwater" means the water in aquifers.

15. "Impairment" means any physical change in an aquifer or its recharge area which significantly reduces or restricts the potential for use of the waters of the aquifer.

16. "Interrelated surface water" means those surface waters in the territory of either Party, the quantity or quality of which is affected by the outflows from, or the inflows to, transboundary groundwater.

17. "Pollution" means the introduction of any contaminant by man, directly or indirectly, into groundwaters or surface waters.

18. "Public Health Emergency" means the declared emergency provided for in Article IX.

19. "Recharge" means the addition of water to an aquifer by infiltration of precipitation through the soil or of water from surface streams, lakes, or reservoirs, by discharges of water to the land surface, or by injection of water into the aquifer through wells.

20. "Transboundary aquifer" means an aquifer intersected by a common boundary.

21. "Transboundary Groundwater Conservation Area" means an area declared by the Commission pursuant to Article VII.

22. "Transboundary groundwaters" means waters in transboundary aquifers.

[Omitted: Comment]

Article II - General purposes

1. The Parties recognize their common interest and responsibility in ensuring the reasonable and equitable development and management of groundwaters in the border region for the well being of their Peoples.

2. Accordingly, the Parties have entered into this Agreement in order to attain the optimum utilization and conservation of transboundary groundwaters and to protect the underground environment. It is also the purpose of the Parties to develop and maintain reliable data and information concerning transboundary aquifers and their waters in order to use and protect these waters in a rational and informed manner.

[Omitted: Comment]

Article III - The Commission responsible under this Agreement

1. The Commission is designated as the Parties' agency to carry out the functions and responsibilities provided for by this Agreement.

2. The Commission shall be authorized a technical staff, which, in collaboration with the technical staffs of the Governments, shall assist the Commission in the accomplishment of its functions and responsibilities.

3. The Commission is authorized to declare Transboundary Groundwater Conservation Areas, Drought Alerts, Drought Emergencies and Public Health Emergencies, and to promulgate the corresponding plans and Depletion Plans, in accordance with the provisions of this Agreement.

4. The Commission shall have jurisdiction over such additional matters concerning the border region as are from time to time referred to it by the Governments jointly.

5. The Commission shall prepare and propose to the Governments a budget, conforming insofar as practicable to the budget cycles and procedures of the Governments, covering the projected expenses and capital costs of the Commission's joint operations, plant and staff. The total amount of each budget shall be divided between the Governments in the proportions agreed upon by the Commission and approved by the Governments.

6. The budget for the separate operating costs of each national Section shall be the responsibility of the respective Government.

7. The Governments may jointly refer a specific matter relating to transboundary groundwater to the Commission for investigation or action. Individually Governments may request the Commission's advice relating to transboundary groundwaters on matters originating within the requesting Government's portion of the border region.

8. The Commission shall cause each such referral and request to be taken up and investigated, studied or acted upon, as appropriate. The Commission shall render a report to the Governments on every referral and request taken up.

[Omitted: Comment]

Article IV - Enforcement and oversight responsibilities

1. The enforcement of water quality and quantity measures and related land use controls within the territory of each Party shall be the responsibility of that Party or of its political subdivisions, as appropriate.

2. The Commission shall biennially conduct a review of the water quality and quantity control measures taken within each Party's territory affecting the border region and shall issue a Report containing its assessment of the adequacy and effectiveness of programs for the protection and improvement of the transboundary aquifers and their waters and withdrawal and land use controls, including with respect to any Transboundary Groundwater Conservation Areas, Depletion Plans, Drought Emergency Plans and Health Emergencies. To that end, each Government shall furnish the Commission with the relevant data, information, and studies for use by the Commission in preparing its Report, in accordance with the reporting formats provided by the Commission.

3. In addition to facilitating, as needed, the Commission's oversight responsibilities under paragraph 2, each Government shall make a biennial Report to the Commission specifying the water quality and conservation measures taken; quantities withdrawn, transferred and exchanged, and any problems encountered in carrying out the provisions of this Agreement or in implementation of any of the conservation, depletion and drought management plans and health emergency measures adopted.

[Omitted: Comment]

Article V - Establishment and maintenance of the database

1. The Commission is charged with the creation and maintenance of a comprehensive and unified database pertaining to transboundary groundwaters, in the languages of the Parties. The database shall include an inventory of all transboundary groundwater resources taking into account quantity, quality, aquifer geometry, recharge rates, interaction with surface waters, and other pertinent data and shall identify all transboundary aquifers.

2. The Commission shall carry out studies directly, or through research programs conducted by or with other bodies, public or private:

(a) to identify inadequacies in available data and to propose remedial action;

(b) to examine present and potential future uses of said groundwaters, taking into account demographic projections and socio-economic development plans;

(c) to assess the impact of present and potential development on transboundary groundwaters and related resources;

(d) to study possible alternative sources of surface water and groundwater for use in the border region, taking into account the quantity and quality of the waters and the potential for the conjunctive use of the available waters; and

(e) to examine the potential for, and the consequences of, drought, floods, and contamination in the border region.

3. The Parties undertake to facilitate the acquisition of information and data by the Commission on a timely basis in accordance with the Commission's requirements.

4. The Commission shall compile, analyze, and disseminate the data, information and studies and provide the results to the Governments.

[Omitted: Comment]

Article VI - Water quality protection

1. The Parties undertake cooperatively to protect and to improve, insofar as practicable, the quality of transboundary aquifers and their waters in conjunction with their programs for surface water quality control, and to avoid appreciable harm in or to the territories of the Parties.

2. The Governments shall promptly inform the Commission of any actual or planned, significantly polluting discharge into transboundary groundwaters or recharge areas, or of other activity with the potential for significant leaching into transboundary groundwaters.

3. The Commission shall without delay consider the gravity of any situation indicating significant groundwater contamination, or the threat thereof, in any part of the border region in accordance with the provisions of Article VII.

[Omitted: Comment]

ArticleVII - Transboundary groundwater conservation areas

1. The Commission shall determine the desirability of declaring any area within the border region containing transboundary groundwaters to be a Transboundary Groundwater Conservation Area.

2. In the event that the Commission determines that a Transboundary Groundwater Conservation Area is desirable, such determination shall be reported to the Governments with a draft of the proposed declaration and justification therefore, including the delineation of the area and its aquifer(s).

3. If no Government files an objection with the Commission within one hundred eighty (180) days, the Commission shall issue the formal declaration. Any objection(s) filed shall specify, with an explanation, the objectionable Section(s) of the proposed declaration or justification or both.

4. Unless an objection requires termination of consideration, the Commission shall within ninety (90) days of receipt of objections, report to the Governments a revised proposed declaration, to be effective within ninety (90) days, unless a Government files a subsequent objection with the Commission. If no subsequent objection is filed within the said ninety (90) day period, the formal declaration shall be issued by the Commission. If a subsequent objection is filed within ninety (90) day period, the Commission shall refer the matter, together with the entire record, to the Governments for resolution by consultation.

5. In making its determination, the Commission shall consider whether:

(a) groundwater withdrawals exceed or are likely to exceed recharge so as to endanger yield or water quality or are likely to diminish the quantity or quality of interrelated surface water;

(b) recharge has been or may become impaired;

(c) the use of the included aquifer(s) as an important source of drinking water has been, or may become impaired;

(d) the aquifer(s) have been or may become contaminated; and

(e) recurring or persistent drought conditions necessitate management of all or some water supplies in the particular area.

6 In making its determination, the Commission shall take into account the impact of the implementation of the declaration under consideration on the sources and uses of water previously allocated by agreements between the Parties or under the Drought Management Plan.

7. The Commission shall periodically review the appropriateness of continuing or modifying Transboundary Groundwater Conservation Areas.

[Omitted: Comment]

Article VIII - Comprehensive management plans

1. For each declared Transboundary Groundwater Conservation Area, the Commission shall prepare a Comprehensive Management Plan for the rational development use, protection and control of the waters in the Transboundary Groundwater Conservation Area.

2. A Comprehensive Management Plan may:

(a) prescribe measures to prevent, eliminate or mitigate degradation of transboundary groundwater quality, and for that purpose may:

(1) classify transboundary groundwaters according to use and coordinate the formulation of water quality standards;

(2) identify toxic and hazardous contaminants in the Area and require a continuing record of such substances from origin to disposal;

(3) establish criteria for the safe storage of wastes and maintain an inventory of dumpsites, abandoned as well as active, that have caused or may cause transboundary aquifer pollution;

(4) propose a scheme for monitoring water quality conditions including the placement and operation of test wells and for remedial actions where required, including pretreatment and effluent discharge limitations and charges; and

(5) provide for the establishment where required of protective zones in which land use must be regulated;

(b) allocate the uses of groundwaters and interrelated surface waters taking into account any other allocation(s) previously made applicable within the Transboundary Groundwater Conservation Area;

(c) prescribe measures including pumping limitations, criteria for well placement and number of new wells, retirement of existing wells, imposition of extraction fees, planned depletion regimes or reservations of groundwaters for future use;

(d) arrange, where conditions are favorable, programs of transboundary aquifer recharge;

(e) articulate programs of conjunctive use where appropriate;

(f) prescribe the integration and coordination of water quality and quantity control programs;

(g) include other measures and actions as may be deemed appropriate by the Commission.

3. In making any allocations of water uses within a Comprehensive Management Plan, the Commission shall consider all relevant factors such as:

(a) hydrogeology and meteorology;
(b) existing and planned uses;
(c) environmental sensitivity;
(d) quality control requirements;
(e) socio-economic implications (including dependency);
(f) water conservation practices (including efficiency of water use);
(g) artificial recharge potential; and
(h) comparative costs and implications of alternative sources of supply.

The weight to be given to each factor is to be determined by its importance in comparison with that of the other relevant factors.

4. The Commission shall submit proposed Comprehensive Management Plans to the Governments.

(a) If no Government files an objection with the Commission within one hundred eighty (180) days, the Commission shall adopt the Plan and monitor its implementation.

(b) A Government's objections shall specify with an explanation the objectionable portions of the proposed Comprehensive Management Plan.

(c) Within ninety (90) days of receipt of objections, the Commission shall submit to the Governments a revised proposed Comprehensive Management Plan to be effective within ninety (90) days unless a subsequent objection is filed. If no subsequent objection is filed within the ninety (90) day period, the proposed Comprehensive Management Plan shall be adopted and the Commission shall monitor its implementation. If subsequent objections are filed within the ninety (90) day period, the Commission shall refer the matter, together with the entire record, to the Governments for resolution by consultation.

5. The Commission is authorized to approve advances and exchanges of water consistent with the objectives of the applicable Comprehensive Management Plan.

6. The Commission shall monitor and evaluate the measures taken under the Comprehensive Management Plan and shall propose, as appropriate, modifications thereto.

[Omitted: Comment]

Article IX - Public health emergencies

1. Upon a determination by the Commission or any Government that there is an imminent or actual public health hazard involving the contamination of transboundary groundwaters, the Commission shall notify the respective Governments, and may declare a Public Health Emergency for a stated period.

2. In the event that the Public Health Emergency is not mitigated or abated within the initial stated period, the Commission may extend the emergency for such additional period as may be deemed necessary under the circumstances.

3. On the basis of the declaration, the Commission shall have the authority to investigate the area of imminent or actual contamination and to prescribe measures to prevent, eliminate or mitigate the public health hazard.

4. The Governments shall provide the indicated information, data, studies and reports concerning public health emergencies as set forth in Paragraphs 2 and 3 of Article IV.

[Omitted: Comment]

Article X - Planned depletion

1. The Commission, after evaluation of all relevant considerations, may prepare and, with the consent of the Governments, may approve a plan for the depletion of an aquifer over a calculated period. The plan may apportion the uses and specify the rates and means of extraction of the transboundary groundwaters, and may authorize advances, exchanges and transboundary transfers of water consistent with the objectives of the Depletion Plan.

2. The Governments shall provide the indicated information, data, studies and reports concerning depletion as set forth in Paragraphs 2 and 3 of Article IV.

[Omitted: Comment]

Article XI - Transboundary transfers

Nothing in this Agreement shall be so construed as to preclude either short-term or long-term transfers of waters between the Parties under terms and conditions approved by the Commission.

[Omitted: Comment]

Article XII - Planning for drought

1. The Commission shall, within two (2) years of the coming into force of this Agreement, complete the preparation of a Drought Management Plan applicable to the border region for activation in the region, or in parts thereof, in the event of drought. The completed Plan shall be submitted to the Governments for standby approval.

2. The Drought Management Plan shall:

(a) specify the hydrometeorological preconditions for the declaration of a Drought Alert and, thereunder, the conservation measures to be observed by all water users within the border region;

(b) specify the hydrometeorological preconditions for the declaration of a Drought Emergency and, thereunder, the specific measures to be observed by all water users within the border region;

(c) provide for the monitoring of the hydrometeorological conditions generally in the border region, and compliance with prescribed conservation or other specific measures under any Drought Alert or Drought Emergency; and

(d) provide for periodic reports to the Governments during any Drought Alert or Drought Emergency, to include any proposed modifications to the Drought Emergency Plan and any modifications made to the prescribed measures under any Drought Alert or Drought Emergency.

3. The Drought Management Plan may:

(a) Designate and reserve certain transboundary aquifers or specific well sites for use in times of drought;

(b) provide, for the duration of any declared Drought Emergency:

(1) the conjunctive management of groundwater and surface water supplies within or made available to the border region or part(s) thereof governed by the declaration;

(2) increases and reductions in the normal allowable withdrawals and at variance with allocations made under a Comprehensive Management Plan for a Transboundary Groundwater Conservation Area or by prior agreements between the parties, maintaining to the extent practicable the established withdrawal ratios between the Parties and an equitable balance of all emergency obligations;

(3) authorization to use designated and reserved groundwaters within the border region;

(c) include other structural and nonstructural measures deemed likely to be needed under various drought conditions.

4. The conservation and other specific measures provided in the Plan for Drought Alert declarations or Drought Emergency declarations may be modified or suspended by the Commission to meet the specific requirements of the situation at the time of such declarations and during the time such declarations remain in force.

5. The authority to determine the existence of the preconditions specified in the approved Drought Management Plan and to declare drought alerts and drought emergencies thereunder, in any portion of the border region, is vested in the Commission.

6. The Commission is authorized to modify or terminate a declaration of Drought Alert or Drought Emergency when the hydrometeorological conditions so warrant.

7. Declarations of Drought Alert and Drought Emergency, and modifications to or termination of the same, shall be immediately communicated to the Governments and published so as to come to the attention of all water users in the border region.

8. The Governments shall provide the indicated information, data, studies and reports concerning drought as set forth in Paragraphs 2 and 3 of Article IV.

[Omitted: Comment]

Article XIII - Inquiry in the public interest

1. The Commission shall by general notice invite written statements and information from all persons professing interest in the groundwater-related conditions and activities in the portion of the border region for which a Transboundary Groundwater Conservation Area declaration, a Comprehensive Management Plan, a Depletion Plan, a transboundary transfer, or a Drought Alert or emergency declaration is under consideration.

2. All submissions received pursuant to Paragraph 1 shall be taken into account by the Commission.

3. Whenever the Commission deems that public interest warrants, it shall schedule and conduct hearings open to the public in appropriate places and facilitates in the border region, and shall make and publish a record of such hearings.

4. Any person professing an interest may also petition the Commission at any time requesting the Commission to schedule a hearing or to invite written statements and information concerning groundwater conditions in the border region, or urging the Commission to take a particular action under this Agreement.

5. When deemed useful by the Commission, technical meetings, workshops and briefings relating to transboundary groundwater matters may be held under the auspices of the Commission or in cooperation with authorities and organizations concerned with the welfare of the border region.

[Omitted: Comment]

Article XIV - Existing rights and obligations

The rights and obligations of the Parties as set forth in prior agreements between the Parties shall not be permanently altered by this Agreement or any measures taken hereunder.

[Omitted: Comment]

[Omitted: Article XV - Accommodation of differences, Article XVI - Resolution of disputes, Article XVII - Amendment, Article XVIII - Entry into force, Article XIX - Authentic texts, Article XX - Reservations and exceptions]

46. International Law Association (ILA) - The Berlin Rules on Water Resources [2004][108]

[Omitted: Preface, Usage note]

Chapter 1 - Scope

Article 1 - Scope

1. These Rules express international law applicable to the management of the waters of international drainage basins and applicable to all waters, as appropriate.

2. Nothing in these Rules affects rights or obligations created by treaty or special custom.

[Omitted: Article 2 - Implementation of these rules]

Article 3 - Definitions

For the purposes of these Articles, these terms have the following meanings:

1. "Aquatic environment" means all surface waters and groundwater, the lands and subsurface geological formations connected to those waters, and the atmosphere related to those waters and lands.

2. "Aquifer" means a subsurface layer or layers of geological strata of sufficient porosity and permeability to allow either a flow of or the withdrawal of usable quantities of groundwater.

3. A "basin State" is a State the territory of which includes any portion of an international drainage basin.

...

5. "Drainage basin" means an area determined by the geographic limits of a system of interconnected waters, the surface waters of which normally share a common terminus.

...

7. "Environment" includes the waters, land, air, flora, and fauna that exist in a particular region at a particular time.

...

11. "Groundwater" means water beneath the surface of the ground located in a saturated zone and in direct contact with the ground or soil.

...

13. An "international drainage basin" is a drainage basin extending over two or more States.

14. "Management of waters" and "to manage waters" includes the development, use, protection, allocation, regulation, and control of waters.

...

16. "Pollution" means any detrimental change in the composition or quality of waters that results directly or indirectly from human conduct.

17. "Regional economic integration organization" means an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by these Rules.

18. "State" means a sovereign State or a regional economic integration organization.

19. "Sustainable use" means the integrated management of resources to assure efficient use of and equitable access to waters for the benefit of current and future generations while preserving renewable resources and maintaining non-renewable resources to the maximum extent reasonably possible.

...

21. "Waters" means all surface water and groundwater other than marine waters.

Chapter II - Principles of international law governing the management of all waters

[Omitted: Article 4 - Participation by persons]

Article 5 - Conjunctive management

States shall use their best efforts to manage surface waters, groundwater, and other pertinent waters in a unified and comprehensive manner.

Article 6 - Integrated management

States shall use their best efforts to integrate appropriately the management of waters with the management of other resources.

[Omitted: Article 7 - Sustainability; Article 8 - Minimization of environmental harm, Article 9 - Interpretation of these rules; Chapter III - Internationally shared waters: Article 10 - Participation by basin states, Article 11 - Cooperation, Article 12 - Equitable utilization, Article 13 - Determining an equitable and reasonable use, Article 14 - Preferences among uses, Article 15 - Using allocated water in other basin states, Article 16 - Avoidance of transboundary harm; Chapter IV - The rights of persons: Article 17 - The right of access to water, Article 18 - Public participation and access to information, Article 19 - Education, Article 20 - Protection of particular communities, Article 21 - The right to compensation; Chapter V - Protection of the aquatic environment: Article 22 - Ecological integrity, Article 23 - The precautionary approach, Article 24 - Ecological flows, Article 25 - Alien species, Article 26 - Hazardous substances, Article 27 - Pollution, Article 28 - Establishing water quality standards; Chapter VI - Impact assessments: Article 29 - The obligation to assess impacts, Article 30 - Participation in impact assessments in another state, Article 31 - The impact assessment process; Chapter VII - Extreme situations: Article 32 - Responses to extreme conditions, Article 33 - Highly polluting accidents, Article 34 - Floods, Article 35 - Droughts]

Chapter VIII - Groundwater

Article 36 - Application of these Rules to aquifers

1. The Rules of this Chapter apply to all aquifers, including aquifers that do not contribute water to, or receive water from, surface waters or receive no significant contemporary recharge from any source.

2. States, in managing aquifers, are subject to all Rules expressed in these Articles, taking into account the special characteristics of groundwater.

Article 37 - Managing aquifers generally

States shall manage groundwater conjunctively with the surface waters of any basin of which it is a part, taking into account any interconnections between aquifers or between and [sic] an aquifer and a body of surface water, as well as any impact on aquifers caused by activities within the State's jurisdiction or control.

Article 38 - Precautionary management of aquifers

States, in accordance with the precautionary approach, shall take early action and develop long-term plans to ensure the sustainable use of groundwater and of the aquifers in which the groundwater is contained.

Article 39 - Duty to acquire information

In order to comply with this Chapter, States shall take all appropriate steps to acquire the information necessary to manage groundwater and aquifers efficiently and effectively, including:

(a) Monitoring groundwater levels, pressures, and quality;

(b) Developing aquifer vulnerability maps;

(c) Assessing the impacts on groundwater and aquifers of industrial, agricultural, and other activities; and

(d) Any other measures appropriate to the circumstances of the aquifer.

Article 40 - Sustainability applied to groundwater

1. States shall give effect to the principle of sustainability in managing aquifers, taking into account natural and artificial recharge.

2. The rule in paragraph 1 does not preclude the withdrawal of groundwater from an aquifer that is receiving no significant contemporary recharge.

Article 41 - Protecting aquifers

1. States shall take all appropriate measures to prevent, insofar as possible, any pollution of, and the degradation of the hydraulic integrity of, aquifers.

2. States in fulfilling their obligation to prevent pollution of an aquifer shall take special care to prevent, eliminate, reduce, or control:

(a) The direct or indirect discharge of pollutants, whether from point or non-point sources;
(b) The injection of water that is polluted or would otherwise degrade an aquifer;
(c) Saline water intrusion; or
(d) Any other source of pollution.

3. States shall take all appropriate measures to abate the effects of the pollution of aquifers.

4. States shall integrate aquifers into their programs of general environmental protection, including but not limited to:

(a) The management of other waters;
(b) Land use planning and management; and
(c) Other programs of general environmental protection.

5. States shall specially protect sites where groundwater is withdrawn from or recharged to an aquifer.

Article 42 - Transboundary aquifers

1. The Rules applicable to internationally shared waters apply to an aquifer if:

(a) It is connected to surface waters that are part of an international drainage basin; or

(b) It is intersected by the boundaries between two or more States even without a connection to surface waters that form an international drainage basin.

2. Whenever possible and appropriate, basin States sharing an aquifer referred to in paragraph 1 shall manage an aquifer in its entirety.

3. In managing the waters of an aquifer referred to in paragraph 1, basin States shall consult and exchange information and data at the request of any one of them and shall cooperate in the collection and analyzing additional needed information pertinent to the obligations under these Rules.

4. Basin States shall cooperate according to the procedures in Chapter XI to set drawdown rates in order to assure the equitable utilization of the waters of an aquifer referred in paragraph 1, having due regard for the obligation not to cause significant harm to other basin States and to the obligation to protect the aquifer.

5. Basin States sharing an aquifer referred to in paragraph 1 shall cooperate in managing the recharge of the aquifer.

6. Basin States sharing an aquifer referred to in paragraph 1 shall refrain from and prevent acts or omissions within their territory that cause significant harm to another basin State, having due regard to the right of each basin State to make equitable and reasonable use of the waters.

[Omitted: Chapter IX - Navigation: Article 43 - Freedom of navigation, Article 44 - Limitations on freedom of navigation, Article 45 - Regulating navigation, Article 46 - Maintaining navigation, Article 47 - Granting the right to navigate to nonriparian states, Article 48 - Exclusion of public vessels, Article 49 - Effect of war or other emergencies on navigation; Chapter X - Protection of waters and water installations during war or armed conflict: Article 50 - Rendering water unfit for use, Article 51 - Targeting waters or water installations, Article 52 - Ecological targets, Article 53 - Dams and dykes, Article 54 - Occupied territories, Article 55 - Effect of war on water treaties; Chapter XI - International cooperation and administration: Article 56 - Exchange of information, Article 57 - Notification of programs, projects, or activities, Article 58 - Consultations, Article 59 - Failure to consult, Article 60 - Requests for impact assessments, Article 61 - Urgent implementation of programs, plans, projects, or activities, Article 62 - Harmonization of national laws and policies, Article 63 - Protection of installations, Article 64 - Establishment of basin wide or other joint management mechanisms, Article 65 - Minimal requirements for basin wide management mechanisms, Article 66 - Compliance review, Article 67 - Sharing expenses; Chapter XII - State responsibility: Article 68 - Responsibility for injuries to other states; Chapter XIII - Legal remedies: Article 69 - Access to courts, Article 70 - Remedies for damage to persons, Article 71 - Remedies for persons in other states; Chapter XIV - Settlement of international disputes: Article 72 - Peaceful settlement of international water management disputes, Article 73 - Arbitration and litigation]


[106] Approved by the International Law Association (ILA) at its Sixty-Second Conference held at Seoul in 1986. ILA, Report of the Sixty-Second Conference held at Seoul, 24–30 August 1986, London, 1987, p. 251.
[107] Hayton, Robert D. and Albert E. Utton, Transboundary Groundwaters: The Bellagio Draft Treaty, 29 Natural Resources Journal (1989), pp. 663 and 676.
[108] Adopted by the International Law Association (ILA) at its Seventy-First Conference, held in Berlin in 2004. ILA, Report of the Seventy-First Conference held in Berlin, 16–21 August 2004 (forthcoming, 2005).

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