Indus Waters Treaty

  SANSAD TV - Discussion   May 22, 2024   113  Add to Reading List
Indus Waters Treaty

Recently, India has officially notified Pakistan of its intention to propose amendments to the Indus Waters Treaty (IWT) of 1960, a landmark agreement governing the management of cross-border rivers. India's decision to issue the notice stems from concerns that Pakistan's actions have infringed upon the treaty's provisions and impeded their effective implementation.

Indus Water Treaty:

  • Signatories: India and Pakistan signed the Indus Water Treaty (IWT) in September 1960 after nine years of negotiations. The World Bank also acted as a signatory to the pact.

  • Purpose: The treaty aims to establish a mechanism for cooperation and information exchange between India and Pakistan regarding the use of water from the Indus River and its five tributaries: Sutlej, Beas, Ravi, Jhelum, and Chenab.

  • Allocation: The treaty divides the six rivers into eastern and western rivers. India has control over the eastern rivers (Sutlej, Beas, and Ravi), while Pakistan has control over the western rivers (Jhelum and Chenab). However, India is allowed some use of the western rivers for specific purposes.

  • Provisions: It outlines provisions for the construction of hydroelectric power projects, storage dams, and other water-related infrastructure by both countries within their respective territories. However, certain restrictions and guidelines are imposed to ensure the fair and equitable distribution of water resources.

  • Dispute Resolution: The treaty also establishes mechanisms for resolving disputes that may arise between India and Pakistan regarding water usage or infrastructure projects. These mechanisms include the appointment of neutral experts or the intervention of the World Bank.

  • Importance: The Indus Water Treaty is crucial for maintaining peace and stability in the region by providing a framework for the peaceful management of shared water resources between India and Pakistan. Despite political tensions between the two countries, the treaty has largely remained intact and continues to serve as a model for transboundary water management agreements globally.

Key provisions of the Indus Water Treaty regarding water sharing, the Permanent Indus Commission (PIC), and rights over rivers:

  • Water Sharing:

    • The treaty divides the six rivers of the Indus River System between India and Pakistan.
    • Pakistan receives unrestricted use of the three western rivers: Indus, Chenab, and Jhelum.
    • India is allocated the three eastern rivers: Ravi, Beas, and Sutlej for unrestricted usage.
    • This allocation results in 80% of the water share going to Pakistan, leaving India with the remaining 20%.

  • Permanent Indus Commission (PIC):

    • Both India and Pakistan are required to establish a Permanent Indus Commission (PIC) consisting of permanent commissioners from both sides.
    • The treaty mandates that the PIC must meet at least once a year to discuss and address issues related to water sharing and infrastructure projects.

  • Rights over Rivers:

    • Pakistan has rights over the waters of the Jhelum, Chenab, and Indus rivers.
    • Annexure C of the treaty allows India certain agricultural uses of the western rivers.
    • Annexure D permits India to construct 'run of the river' hydropower projects on these rivers, meaning projects that do not require significant storage of water.

These provisions outline the framework for water sharing, institutional cooperation, and the rights of both countries over the rivers specified in the Indus Water Treaty.

The dispute redressal mechanism laid down under the Indus Water Treaty:

  1. First Commissioner:

    • Whenever India intends to begin a project under the Indus Water Treaty, it must inform Pakistan about the project.
    • Pakistan has the right to oppose the project and request further details.
    • If there is a disagreement or question, it is addressed at the level of the Indus Commissioners, who represent each country.

  2. Neutral Expert:

    • If the disagreement persists after discussions between the Indus Commissioners, it escalates to the level of a formal difference.
    • The unresolved difference is then referred to a Neutral Expert, who is appointed to arbitrate and provide a resolution.
    • The World Bank may play a role at this stage, facilitating the appointment of the Neutral Expert.

  3. Court of Arbitration:

    • If the Neutral Expert fails to resolve the difference or if the issue requires interpretation of the treaty itself, the matter is elevated to the third stage — the Court of Arbitration.
    • The Court of Arbitration is responsible for making a final decision on the dispute, providing a binding resolution that both parties must adhere to.

This graded mechanism ensures that disputes regarding the implementation or interpretation of the treaty are addressed through structured negotiations and impartial arbitration, ultimately preserving the stability and effectiveness of the Indus Water Treaty.

The history of disputes between India and Pakistan over water projects under the Indus Water Treaty spans several decades and involves various projects and disagreements:

  1. Salal Dam Project (1970-1978):

    • Pakistan objected to India's Salal Dam project in 1970 due to concerns over its design.
    • Negotiations regarding the project lasted until 1978 before a resolution was reached.

  2. Baglihar Hydropower Project (1999 onwards):

    • Pakistan opposed the construction of the Baglihar Hydropower project, which involved building a dam on the Chenab River.
    • Construction began in 1999, but Pakistan raised objections, threatening to invoke arbitration under the Indus Water Treaty.

  3. Kishanganga and Ratle Hydroelectric Projects (2015 onwards):

    • Pakistan raised objections to India's construction of the Kishanganga and Ratle Hydroelectric Projects.
    • Pakistan initially requested the appointment of a Neutral Expert to examine its technical objections in 2015.
    • However, Pakistan later withdrew its request for a Neutral Expert and proposed adjudication by a Court of Arbitration in 2016.

  4. Dispute Resolution Attempts:

    • Pakistan approached the World Bank seeking the formation of a Court of Arbitration to resolve the disputes.
    • India argued against Pakistan's request for a Court of Arbitration, stating that it violated the graded mechanism of dispute resolution outlined in the treaty.
    • Instead, India advocated for the appointment of a Neutral Expert, which it considered to be a lower level of dispute resolution under the treaty.

Overall, these disputes highlight the complex and contentious nature of water management between India and Pakistan, with both countries invoking various mechanisms under the Indus Water Treaty to address their concerns. Despite attempts at resolution, a comprehensive agreement has yet to be reached on certain projects, leading to ongoing tensions between the two nations.

The Kishanganga Hydroelectric Project is a significant infrastructure development located in Jammu and Kashmir, India. Here are the key details about the project:

  • Location: The Kishanganga project is situated approximately 5 kilometers north of Bandipore in the Indian state of Jammu and Kashmir.

  • Type of Project: It is categorized as a run-of-the-river hydroelectric project, which means it generates electricity without significant water storage, relying instead on the natural flow and elevation drop of the river.

  • Infrastructure: The project includes the construction of a 37-meter tall concrete-face rock-fill dam to harness the water of the Kishanganga River.

  • Water Diversion: Water from the Kishanganga River is diverted through a tunnel to a power plant located in the Jhelum River basin, where electricity is generated.

  • Installed Capacity: The Kishanganga Hydroelectric Project has an installed capacity of 330 megawatts (MW), contributing significantly to the region's power generation capacity.

  • Construction Timeline: Construction of the project commenced in 2007, marking a significant milestone in India's efforts to harness its hydroelectric potential in the region.

  • Controversy and Arbitration: Pakistan raised objections to the project, primarily concerning its potential impact on the flow of the Kishanganga River, known as the Neelum River in Pakistan. In 2013, the Hague's Permanent Court of Arbitration ruled that India could proceed with the project under certain conditions, effectively resolving the dispute through international arbitration.

Overall, the Kishanganga Hydroelectric Project represents a crucial aspect of India's efforts to utilize its water resources for sustainable energy generation, albeit with geopolitical implications and disputes with neighboring countries like Pakistan.

Conclusion:
The Indus Waters Treaty (IWT) offers a framework for resolving disputes through negotiation, dialogue, technical solutions, mediation, and legal recourse. Both India and Pakistan have established mechanisms such as the PIC to address issues related to the treaty, and technical solutions have been successfully employed in the past. In case of failed negotiations, mediation by third parties like the World Bank can offer assistance, while the treaty's arbitration panel provides a legal avenue for dispute resolution. However, for lasting solutions, it's essential for India and Pakistan to address underlying political differences through sustained dialogue and cooperation, paving the way for long-term stability in the region.