The Utilization of the Nile Waters: A Shift from Position to Interests

1. The Utilization of the Nile Waters: A Shift from Position to Interests Seifeldin H. Abdalla (Ph.D.) (Water Resources Professor, Consultant Engineer)Ministry of Irrigation and Water Resources, Khartoum, Sudan.

2. Burundi • D.R. Congo • Egypt • Eritrea • Ethiopia • Kenya • Rwanda • Sudan • Tanzania • Uganda The Nile Basin (shared by ten countries)

3. Introduction In Africa (Average Annual Discharge in Billion Cubic Meters, bcm) • The Congo River 1200 bcm • Volta River 390bcm • Zambezi River 230 bcm • Niger River 180 bcm • The Nile River 84 bcm

4. Longest Rivers of the World Length in Km River Name

5. Main Discharge of Rivers of the World Discharge (MLRD) River Name

6. Nile Riparian Countries

7. Average Rainfall in the Nile Basin Source: FAO 1997.

8. Nile Basin Agreements • Common Issues: • Determine Boundary or Areas of influence or jurisdiction (the first parts in the agreements) • Promise not to construct structures or withdraw irrigation water from the Nile or its tributaries that could affect river flows or discharges downstream without the agreement with the downstream countries • Concessions or interests that strengthen the powers of mainly Great Britain, in the region, and to some extent France and Italy

9. Atbara River15th April 1891 Agreement • Signed between Great Britain and Italy at Rome to determine areas under their jurisdiction. In the third part of the agreement, the Italian Government promised not to construct any structures for irrigation on Atbara river that have a significant impact or alter river flows or discharges in the main Nile

10. Blue Nile, LakeTana, Sobat15th May 1902 • Britain and Ethiopia signed a boundary agreement in Addis Ababa on the 15th May 1902, written in Amharic language and official papers ratified and exchanged on 28th October 1902. The agreement explained the intention of Edward the 7th, King of Britain, Ireland, Overseas Colonies, Emperor of India an Emperor Menelek King of Ethiopia to improve bilateral and cordial relations

11. Blue Nile, LakeTana, Sobat15th May 1902 • The first two parts of the agreement were concerned with delimiting the boundaries. The third part specified clearly the promise of the King of Ethiopia not to order or allow any works on the Blue Nile, Lake Tana, or the Sobat River that might curtail or delimit their flow to the Nile without the agreement of Britain Government in advance and the Sudan Government

12. Blue Nile, LakeTana, Sobat15th May 1902 • The other two parts of the agreement were dealt with normal domestic issues. In the 1902 agreement, it is stated that the inheritors and those who follows in the government of both parties should continue with the agreed points in order to ensure its sustainability

13. The Semlike and Isango RiversThe 9th May 1906 Agreement • The first two parts of the London agreement modified the Agreement signed at Brussels, May 12, 1894 relating to areas of influence and boundary issues. The third part of the agreement was a promise of the Congo Free State not to construct or allow constructing any works on or near the Semlike or Isango Rivers that would decrease or diminish volume of inflows or discharges to Lake Albert, except in agreement with the Sudanese Government

14. The Semlike and Isango RiversThe 9th May 1906 Agreement • The parts from 4 to 8 were centered on boundary, navigation, and concessions issues that strengthen the powers of the British Government on the region • One of the most important characteristics of the agreement is that it suggested a mechanism to solve future disputes between parties involved

15. The Semlike and Isango RiversThe 9th May 1906 Agreement • It stated on the 8th part that: Any boundary disputes should be solved cordially between the parties involved, otherwise should be submitted to The Hague International Court for resolution. Although this part of the agreement specified boundary disputes only, but water disputes could be considered by The Hague Court as part of the agreement disputes in case of fall of cordial solutions

16. The Interests AgreementDecember 13, 1906 • Between the United Kingdom, France and Italy respecting Abyssinia, concerned with their interests, in Ethiopia. It considered maintenance of the political and territorial situation in Ethiopia. In the forth part of the agreement, the three countries agreed to concert and work together in case of disturbances in Ethiopia and would safeguard the interests of Great Britain and Egypt in the basin of the Nile, in particular in matters related to the regulation of the Nile and its tributaries and follow-up of the local interests, and secure the Italian interests in Ethiopia and French interests in the coast of Somalia under the French colony

17. Exchange of Notes between United Kingdom and Italy, 1925 • Concessions to construct a barrage on Lake Tana with an idea to store flood waters to be harnessed in the Blue Nile • The Kingdom agreed to support Italy to obtain a railway concession from Ethiopia in exchange of building the Barrage • The Italian government has to recognize the prior hydraulic rights of Egypt and Sudan and the promise not to engage in construction of works that might sensibly or significantly modify the flows of the Main River on upstream parts of the river

18. Exchange of Notes between United Kingdom and Italy, 1925 • The United Kingdom stressed on the importance of maintaining continuous flows of the Nile to Egypt and Sudan and the possibility of increasing the volume of water for irrigation from the Blue and White Niles and other Nile tributaries. In parallel, the United Kingdom promised to support Italy in getting some economic concessions in Ethiopia

19. Exchange of Notes between United Kingdom and Italy, 1925 The note recognized: • A reasonable use of water for the inhabitants of the region • Constructing dams for hydroelectric power • Small reservoirs in minor affluent to store water for domestic purposes and water for cultivation of food crops necessary to their own subsistence

20. Exchange of Notes between United Kingdom and Italy, 1925 And Assured that: • The construction of the dams and its operation would be carried out by local labors and water level at the lake would not exceed the allowed level or maximum level occurred during the flood or rainy season • The dam would benefit not only Egypt and Sudan but would add to the welfare of the local people and their economic development

21. Exchange of Notes between United Kingdom and Italy, 1925 • Italy accepted the British conditions • Assured the cordial cooperation and confidence between the two countries and the importance of securing the interests of both countries in the region • Emphasizes the acceptance of Italy to avoid significant harm for downstream countries (Egypt and Sudan) • Clearly accepted the acquired rights of Sudan and Egypt in the waters of the Blue and White Niles and their tributaries

22. Exchange of Notes between United Kingdom and Italy, 1925 • Highlights the importance of appropriate planning to regulate and use the water equitably for upper stream users without causing significant harm to the downstream users • Established a foundation for amicable and cordial cooperation for the use of water between the two parts. • keep the situation in Ethiopia (interests of all parts) as mentioned in the international agreements

23. Exchange of Notes between Great Britain and Egypt, 1929 • Egyptian Note stated: “It is realized that the development of the Sudan requires a quantity of the Nile Water greater than that which has been so far utilized by the Sudan. As your Excellency is aware, the Egyptian Government has always been concerned to encourage such development, and will therefore continue that policy, and be willing to agree with His Majesty’s government upon such an increase of this quantity as does not infringe Egypt’s natural and historical rightsin the waters of the Nile and its requirements of agricultural extension”

24. Exchange of Notes between Great Britain and Egypt, 1929 The two governments agreed on: • The construction of Jebel Aulia dam parallel to the irrigation water used in Gezira scheme. • The use of Sudan from the Nile waters not to exceed 136 cubic meters per second (equivalent to 4 billion cubic meters per year) before 1936. • Egyptian authorities in Sudan has the right to cooperate with the resident engineer at Sennar Dam and participate in the discharge measurements from the dam and carry on hydrological studies

25. Exchange of Notes between Great Britain and Egypt, 1929 • No irrigation or power works or measures are to be constructed or taken on the river Nile and its branches, or on the lakes from which it flows, so far as all these are in the Sudan (repealed by 1959 Agreement) or in countries under British administration, which would, in such a manner as to entail any prejudice to the interests of Egypt, either reduce the quantity of water arriving Egypt, or modify the date of its arrival, or lower its level

26. Exchange of Notes between Great Britain and Egypt, 1929 • Egyptian Government has all facilities for the complete study and monitoring of the hydrology of the Nile in the Sudan • In case the Egyptian government decide to construct in the Sudan (repealed by the 1959 Agreement) any works on the river and its branches, or to take any measures with a view to increasing the water supply for the benefit of Egypt, they will agree before hand with the local authorities on the measures to be taken for safeguarding local interests. The construction, maintenance and administration of the above mentioned works shall be under the direct control of the Egyptian Government

27. Exchange of Notes between Great Britain and Egypt, 1929 • Great Britain to use its authority in British colonies to facilitate measurements and studies as mentioned before • A reservation regarding future disputes that may arise in technical or administrative details as to be solved in a spirit of reciprocal good intention otherwise submitted to an independent commission

28. Exchange of Notes between Great Britain and Egypt, 1929 • The British authorities confirmed the arrangement agreed upon mutually and stated in part 4 that: “It had already acknowledged the natural and historical rights of Egypt in the waters of the Nile” • The note also emphasized that the British Government considers that safeguarding these rights is a major issue in the British Policy and this policy and the details of the agreements will be followed and stick to at all times regardless of future conditions

29. Exchange of Notes between Great Britain and Egypt, 1929 • For the first time this agreement considered the need for future irrigation development in Sudan • It was also clear that the British made a quick response and agreed to the Egyptian notes, since ideas of increasing cotton areas in Gezira for Lancashire textile mills were still hovering in the British minds

30. The Kagera RiverThe November 22nd 1934 • Signed in London between the United Kingdom representing Tanganyika (Tanzania) and Belgium representing Rwanda – Burundi • The first part of the agreement provided that water diverted from Kagera River should be returned without substantial reduction at some point before the stream flowed into the other territory or formed the common boundary between them

31. The Kagera RiverThe November 22nd 1934 Agreement • In part six, the agreement stated that if either government wished “to utilize the waters of any river or stream on the aforesaid boundary or to permit any person to utilize such water for irrigation purposes”, such government should give the other six months’ notice “in order to permit the consideration of any objections which the other contracting government may wish to raise” • The agreement also included provisions regarding navigations, fishing, and pollution

32. Lake TanaThe 16th April 1938 Agreement • Between the United Kingdom and Italy, mentioned in some part a declaration regarding Lake Tana. It stated: “That the Italian Government were fully conscious of their obligations towards the Government of the United Kingdom in the matter of Lake Tana and had no intention whatever of overlooking or repudiating them”

33. Owen Dam, UgandaExchange of Notes 1949-1953 Exchange of notes between the United Kingdom and Egypt: • Share the benefits and costs of the dam (win-win) • Uganda Electricity Board should construct and maintain the dam • Egypt pay compensation for the interests affected, including compensation to the Uganda Electricity Board for the consequent loss of hydroelectric power • An Egyptian resident engineer in Jinja to monitor regulation of the discharged water through the dam according to agreed curve

34. The Nile Water Agreement8th December 1959 • Recognizes that the waters actually used by Egypt and the Sudan at the time of signature constitute their established or prescriptive rights, amounting in the case of Egypt to 48 milliards cubic meters per year and in the case of Sudan to 4 milliards, measured at Aswan • The two governments agreed to the construction of the Sudd el Aali reservoir at Aswan by Egypt and construction of Roseires dam on the Blue Nile by Sudan, and allow Sudan to construct any other works deemed necessary to exploit its share of the waters

35. The Nile Water Agreement8th December 1959 • Net benefit from the high dam is to be divided between the two countries, 14.5 milliards for the Sudan and 7.5 milliards for Egypt at times of normal supply leaving 10 milliards for evaporation at the Sudd el Aali reservoir. Adding these increases to their previous established rights Egypt would get from the Nile 55.5 milliards per year and the Sudan 18.5 measured at Aswan • If the mean natural river discharge exceeds 84 milliards, the combined total of the two shares, the two countries will divide the net increase equally

36. The Nile Water Agreement8th December 1959 • Provision is made for agreement in case a series of low flow years draws down levels to a point where the two countries cannot get their normal share • After the high dam comes into operation, Egypt will abandon Jebel Aulia dam and the two countries will decide its future later • The Government of Egypt is to pay 15 million Egyptian pounds to the government of the Sudan as full compensation for damages to Sudanese property. The Government of the Sudan agreed to transfer the population whose properties will be affected

37. The Nile Water Agreement8th December 1959 • The two governments further agreed that the Sudan, in agreement with Egypt, shall construct works to prevent the loss of Nile waters in swamps along the White Nile. If Egypt finds it necessary to carry out a project in this area before the Sudan has need of it, arrangements are made for Egypt to do so

38. The Nile Water Agreement8th December 1959 • The agreement also provides for technical cooperation between the two governments through a permanent joint technical committee which is to prepare plans for projects for the approval of the two governments, to supervise the carrying out of approved projects, and to perform other tasks

39. The Nile Water Agreement8th December 1959 • The two governments agreed that when any question relating to Nile water needs to be discussed with other riparians they will agree beforehand in a unified view • If other riparians demand shares in the Nile Waters, the two governments also agree to take a unified view. If discussions result in allocation to any other riparian, the quantity, calculated at Aswan, is to be deducted equally from the shares of the two countries

40. The Nile Water Agreement8th December 1959 • It is clear that this is the first time that the principle of established rights comes into considerationas a part in the determination of an equitable right • Amount of water allotted to Sudan i.e. share of Sudan is not clearly justified in accordance with the amount remaining after deduction of water already exploited by each country

41. The Nile Water Agreement8th December 1959 • The agreement seems to have a political basis in addition to the legal basis • The agreement also made a clear reservation regarding future water utilization by other states in the Nile Basin, to be deducted from the two governments’ share, as recognition of equitable utilization of the Nile Waters(Agreement of 1929 contained no provisions relating to the water needs of Uganda, Kenya, and Tanzania)

42. Exchange of Notes between Uganda and Egypt in 1991 Extension of Owen Dam Power Station • Respecting the Agreement of 1953 (the establishment of Owen Dam) • Uganda has the right to control the discharges from Owen Dam for the generation of hydropower without causing adverse effects on the demands of the downstream users and based on the agreed natural flows of the Lake • Egypt writes to the World Bank to withdraw its reservation on the Project

43. General Framework for Cooperation between Egypt and Ethiopiasigned on the 1st day of July 1993 • Strengthening friendship ties to enhance cooperation between the two countries • The two countries avoid carrying out any activities causing adverse impacts on each other. • Calling on the importance of conservation and protection of the Nile waters • Respecting the international laws • Consultation and cooperation between the two countries for the establishment of water conservation projects

44. HYDROMET Program May, 1967 - 1992 • Decision was made by: Egypt, Kenya, Sudan, Uganda and the United Republic of Tanzania that a hydrometeorological survey project be established, developed, with a regional centre at Entebbe • Objectives: collection and analysis of the meteorological and hydrological data of an extensive area in Kenya, Uganda and United republic of Tanzania in order to study the water balance of the Upper Nile (catchments of Lakes Victoria, Kyoga and Albert)

45. HYDROMET Program May, 1967 - 1992 • The Government of Ethiopia joined the technical committee towards the end of 1971 as an observer, and in 1972, representation was expanded to cover members from Rwanda and Burundi. In 1977, a member from Zaire joined the committee • A technical committee was formed to establish a mechanism for cooperation between the riparian countries (it was the first institutional arrangement consisting representatives of all the Governments of riparian countries)

46. HYDROMET Program May, 1967 - 1992 • The data collected and the study is expected to assist the countries in the planning of water conservation and development and to provide the ground work for inter-governmental co-operation in the storage, regulation and use of the Nile • The Project was supported by UNDP, WMO, UNEP and other international organizations.

47. HYDROMET Program May, 1967 - 1992 • The first phase of the project (1967 – 1972) comprised the establishment of a network of stations for the collection and analysis of hydrological and hydrometeorological data for the operational use of water balance computations • The second phase of the project, which was successfully completed in December 1980, comprised the development of a mathematical model simulating the Upper Nile basin, water resources development studies in the project area and continuation of data collection

48. HYDROMET Program May, 1967 - 1992 • The international co-operation established by the committee proved its viability on several occasions, often under difficult circumstances • In 1992, there was a need to redefine the Project to make it more robust to future challenges and to extend the geographical area of cooperation to the whole Nile Basin. In addition the experience of HYDROMET made it clear that there is a necessity of an institutional Nile Basin body of cooperation

49. TECCONILE9th December1992 - 1998 • The Technical Co-operation Committee for the Promotion of the Development and Environmental Protection of the Nile Basin (TECCONILE) was established as a transitional three-year follow-up arrangements to the HYDROMET Survey Project, during which new institutional and organizational forms of cooperation would be elaborated and tested • The TECCONILE creation statement was signed on behalf of Egypt, Rwanda, Sudan, Tanzania, Uganda and Zaire

50. TECCONILE9th December1992 - 1998 • The long-term objective of TECCONILE was to assist participating countries in the development, conservation and use of the Nile Basin water resources in a sustainable manner through basin-wide co-operation, and to determine the equitable entitlement of each riparian country to the use of Nile waters. • The immediate objective during the transitional period was to assist participating member states in developing national water master plans and their integration into a Nile Basin Development Action Plans and, help them to develop their infrastructure, capacity building and techniques required for the management of the Nile Basin water resources