10.4 Managing Hydrological Variability
149
the emergency (Art. 28.). Such emergency cooperation, however, does not apply to
gradually unfolding events such as droughts and desertification. In a similar fashion,
the SADC Revised Protocol on Shared Watercourses addresses hydrological variability only marginally, calling on riparian states to act individually and/or jointly to
prevent and mitigate harmful conditions resulting from such natural causes as floods,
droughts or desertification (Art. 3.4.a)).
As the scale of treaty area decreases, specific variability management schemes
become more frequent. In fact, a studious review of 50 relevant basin treaties concluded between 1980 and 2002 by Drieschova et al. found that 68% of the water
agreements explicitly mention flow variability (Drieschova et al. 2008). E.g. the
Mekong Cooperation Agreement contains general and specific rules for water quantity management for the monsoonal wet and dry seasons. In “cases of historically
severe droughts and/or floods”, however, the application of regular allocation rules
is suspended (Art. 5–6.). Such exceptionally severe hydrological events are subject
to early notification and the mandatory involvement of the Joint Committee of the
Mekong River Commission with a view to adopting appropriate remedial action (Art.
10.). The Charter of Waters of the Senegal River also foresees such consultation procedures in the event pre-fixed water allocations must be revisited due to floods, other
natural disasters or water shortages of natural character (Art. 6–7.).
Apparently, water treaties primarily concerned about water allocation are more
likely to contain some kind of mechanisms to handle extreme flow variations. For
instance, the 1996 Ganges Treaty between India and Bangladesh calls for immediate
consultations should the flow at the Farakka Dam at the border fall below a commonly
agreed threshold so as “to make adjustments on an emergency basis, in accordance
with the principles of equity, fair play and no harm to either party” (Art. II.).
10.4.3 Variability Management in the European Union
10.4.3.1 EU Law
EU water law addresses several facets of natural hydrological variability. In fact,
one of the objectives of the EU’s core water legislation, the Water Framework Directive, is to contribute to mitigating the effects of floods and droughts (Art. 1.e)). Yet,
the coverage of these phenomena by the WFD is far from being comprehensive,
especially in a transboundary context. One major exception however stands out:
the so-called Floods Directive
45 creates an elaborate system of flood risk mapping
and management that pays particular attention to the vulnerabilities of downstream
riparian states.
Following the above classification the measures aimed at managing hydrological
variability in the EU’s existing legal toolbox can be summarised as follows.
45 Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the
assessment and management of flood risks.
149
the emergency (Art. 28.). Such emergency cooperation, however, does not apply to
gradually unfolding events such as droughts and desertification. In a similar fashion,
the SADC Revised Protocol on Shared Watercourses addresses hydrological variability only marginally, calling on riparian states to act individually and/or jointly to
prevent and mitigate harmful conditions resulting from such natural causes as floods,
droughts or desertification (Art. 3.4.a)).
As the scale of treaty area decreases, specific variability management schemes
become more frequent. In fact, a studious review of 50 relevant basin treaties concluded between 1980 and 2002 by Drieschova et al. found that 68% of the water
agreements explicitly mention flow variability (Drieschova et al. 2008). E.g. the
Mekong Cooperation Agreement contains general and specific rules for water quantity management for the monsoonal wet and dry seasons. In “cases of historically
severe droughts and/or floods”, however, the application of regular allocation rules
is suspended (Art. 5–6.). Such exceptionally severe hydrological events are subject
to early notification and the mandatory involvement of the Joint Committee of the
Mekong River Commission with a view to adopting appropriate remedial action (Art.
10.). The Charter of Waters of the Senegal River also foresees such consultation procedures in the event pre-fixed water allocations must be revisited due to floods, other
natural disasters or water shortages of natural character (Art. 6–7.).
Apparently, water treaties primarily concerned about water allocation are more
likely to contain some kind of mechanisms to handle extreme flow variations. For
instance, the 1996 Ganges Treaty between India and Bangladesh calls for immediate
consultations should the flow at the Farakka Dam at the border fall below a commonly
agreed threshold so as “to make adjustments on an emergency basis, in accordance
with the principles of equity, fair play and no harm to either party” (Art. II.).
10.4.3 Variability Management in the European Union
10.4.3.1 EU Law
EU water law addresses several facets of natural hydrological variability. In fact,
one of the objectives of the EU’s core water legislation, the Water Framework Directive, is to contribute to mitigating the effects of floods and droughts (Art. 1.e)). Yet,
the coverage of these phenomena by the WFD is far from being comprehensive,
especially in a transboundary context. One major exception however stands out:
the so-called Floods Directive
45 creates an elaborate system of flood risk mapping
and management that pays particular attention to the vulnerabilities of downstream
riparian states.
Following the above classification the measures aimed at managing hydrological
variability in the EU’s existing legal toolbox can be summarised as follows.
45 Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the
assessment and management of flood risks.