Cross the boulders in the Indian Water Treaty
- The Indus Water Treaty (IWT) is a water-sharing agreement between India and Pakistan, arranged and negotiated by the World Bank, to use the water available in the Indus River and its tributaries.
- The treaty was signed on September 19, 1960, in Karachi, Pakistan, by the then-Prime Minister of India, Jawaharlal Nehru, and the then-President of Pakistan, Ayub Khan
- The IWT divides the Indus River system into two parts: the Western Rivers and the Eastern Rivers. The Western Rivers are the Indus, Jhelum, and Chenab rivers, which flow through Pakistan. The Eastern Rivers are the Ravi, Beas, and Sutlej rivers, which flow through India.
- Under the IWT, Pakistan has full and unrestricted use of the waters of the Western Rivers. India has limited use of the waters of the Western Rivers for irrigation, but it has unrestricted use of the waters of the Eastern Rivers
- The IWT also sets up a Permanent Indus Commission (PIC) to oversee the implementation of the treaty.
- The PIC is composed of one representative from each country. The PIC meets regularly to discuss any issues related to the implementation of the treaty.
- The IWT has been amended twice, in 1966 and 1972. The 1966 amendment was to address concerns about the construction of the Baglihar Dam on the Chenab River. The 1972 amendment was to address concerns about the construction of the Salal Dam on the Chenab River.
Here are some key points related to the issue of hydropower projects in the Indus Waters Treaty:
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Restrictions on Western Rivers: The IWT places restrictions on the construction of storage dams and other works on the Western Rivers, which are reserved for Pakistan's unrestricted use. The purpose of these restrictions is to ensure that the flow of water to Pakistan is maintained as agreed, without causing significant harm to downstream water availability.
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Run-of-the-River Projects: While storage dams are restricted on the Western Rivers, "run-of-the-river" hydropower projects are allowed. Run-of-the-river projects do not involve large-scale storage of water; they use the natural flow of the river to generate power. These projects are generally considered less likely to disrupt the river's downstream flow.
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Disputes and Concerns: Pakistan has raised concerns about the construction of certain hydropower projects by India on the Western Rivers, alleging that these projects could potentially affect the downstream flow of water into Pakistan. One notable example is the Kishanganga (Neelum Jhelum) hydroelectric project on the Jhelum River, which was the subject of a dispute between the two countries.
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Neutral Expert and Arbitration: Disputes over hydropower projects have been addressed through the mechanisms outlined in the IWT, such as involving neutral experts or arbitration. For instance, the Kishanganga dispute was taken to arbitration, and in 2013, the Permanent Court of Arbitration ruled that India could proceed with the project with certain conditions.
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Environmental and Economic Factors: The construction of hydropower projects has both economic and environmental implications. Hydropower can provide clean and renewable energy, but the reservoirs created by dams can also have ecological consequences, including altering river ecosystems and affecting downstream water availability.
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Negotiations and Diplomacy: The issue of hydropower projects under the IWT highlights the need for continued negotiation and diplomatic engagement between India and Pakistan. Balancing the development of energy resources with the preservation of water availability for downstream regions is a complex challenge.
India and Pakistan have engaged in multiple disputes and conflicts over water-related issues before the Permanent Court of Arbitration (PCA) and other international bodies. One significant case that was taken to the PCA was the Kishanganga (Neelum Jhelum) hydropower project dispute. Here's an overview of that particular case:
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Kishanganga Dispute:
- The Kishanganga River is a tributary of the Jhelum River, flowing through the Indian-administered state of Jammu and Kashmir before entering Pakistan-administered Azad Jammu and Kashmir.
- India's plans to construct the Kishanganga hydropower project raised concerns in Pakistan about its impact on downstream water flow into Pakistan-administered areas.
- In 2010, Pakistan approached the International Court of Arbitration, seeking a resolution to the dispute as per the provisions of the Indus Waters Treaty (IWT). The IWT allows either country to request arbitration in case of unresolved disputes.
- The dispute centered around India's plan to divert water from the Kishanganga River to generate electricity, potentially affecting water flow into Pakistan's Neelum River.
- The case was taken to the PCA in The Hague, Netherlands, and in 2013, the PCA ruled on the matter.
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PCA Ruling on Kishanganga:
- In its ruling, the PCA allowed India to proceed with the construction of the Kishanganga hydropower project.
- However, the tribunal established certain conditions that India needed to adhere to in order to mitigate any negative impact on the flow of water into Pakistan.
- The conditions included maintaining a minimum flow of water into the Neelum River, preserving environmental and ecological considerations, and taking measures to address sediment-related concerns.
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Practice Questions
1.Examine the significance of the Indus Waters Treaty (IWT) in managing water resources between India and Pakistan. Discuss the key provisions of the treaty and their implications for both countries. How has the IWT contributed to maintaining regional stability despite political tensions?
2.Critically assess the effectiveness of the Indus Waters Treaty in preventing water conflicts between India and Pakistan. Highlight the challenges faced in its implementation and the role of international arbitration in resolving disputes related to the treaty's provisions.
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