tameer - indus water treaty

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ت روزہ Weekly ضمونفت روزہ ایک م ہرہ # 46 ا2015 واُ ذ1436 ھ : ا ارورت : ن م ن ا رب آ را ڈا : زش ار ا ھ ات 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ان ا تت ر ا ن ت ا ِ رف د او ثدق ا ی ِ ت ت The Indus River rises in the Tibetan plateau in the vicinity of Lake Mansarovar. It flows in Tibet for about 200 miles before it enters Ladakh, (part of Kashmir under Indian control) and then flows towards Gilgit in Pakistan. Flowing through the North in a southerly direction along the entire length of Pakistan, it falls into the Arabian Sea near Pakistan’s port city of Karachi. With a total length of 3,200 km (1,988 miles), the river’s estimated annual flow is approximately 207 billion m3. The Indus River tributaries are; the Jhelum, the Chenab, the Ravi, the Beas and the Sutlej. Another two tributaries of the Indus, the Kabul and the Kurram, rise in Afghanistan. Most of the Indus basin lies in Pakistan and India. Water Trans-boundary Issues between India and Pakistan Water emerged as a critical line between Pakistan and India as after the liberation of two countries from British rule in 1947 divided the Indus basin system. India being the upper riparian come out to control the canal head-works that supplied water to Pakistan being a lower riparian. The head works (feeding Upper Bari Doab Canal and Deepalpur Canal) which had 90%, command area in Pakistan, India blocked supply of these canals in 1948 thus depriving of irrigation water to agriculture command area in Pakistan and demanded that payment from Pakistan to receive eastern water. (INDO-PAK WATER SHARING COOPERATION, CONFLICTS AND WAY FORWARD) By: Dr. Rashid Aftab Director RIPP

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Page 1: Tameer - Indus Water Treaty

وموضاعت رپ فلتخم

تفہ روزہ

Weekly

ہفت روزہ ایک مضمون

46#امشرہ

2015اوتکرب

ھ 1436ُذواۃجحل

:دمری

ردش ادمح گیب ا

:سلجم اشمورت

ڈارٹک رادش آاتفب ●رتعف اہلل اخن ●رخم اخن ●

:سلجم ہمظتنم

بیط دصیقی ●انزش اقمس ●

ر ہتفہ ہعمج رعمجات دبھ لگنم ریپ اوتا

1 2 3

4 5 6 7 8 9 10

11 12 13 14 15 16 17

18 19 20 21 22 23 24

25 26 27 28 29 30 31

ن● مہف ارقلا

ذتریک ابدحلثی ●

ریست ●

اترخی ●

میلعت ●

تیصخش ● ریمعت

رغجاہیف ●

اسسنئ ●

اطمہعل اپاتسکن ●

ا الخایقت ●

اعترِف بتک ●

والد ● رتتیب ا

د ● وقحق اابعل

ملسو هيلع هللا ىلصبطِ وبنی ●

ہفسلف ●

ایسفنت ●

امسایجت ●

The Indus River rises in the Tibetan plateau in the vicinity of Lake Mansarovar. It

flows in Tibet for about 200 miles before it enters Ladakh, (part of Kashmir under

Indian control) and then flows towards Gilgit in Pakistan. Flowing through the North

in a southerly direction along the entire length of Pakistan, it falls into the Arabian

Sea near Pakistan’s port city of Karachi. With a total length of 3,200 km (1,988

miles), the river’s estimated annual flow is approximately 207 billion m3. The Indus

River tributaries are; the Jhelum, the Chenab, the Ravi, the Beas and the Sutlej.

Another two tributaries of the Indus, the Kabul and the Kurram, rise in Afghanistan. Most of the Indus basin lies in Pakistan and India.

Water Trans-boundary Issues between India and Pakistan

Water emerged as a critical line between Pakistan and India as after the liberation

of two countries from British rule in 1947 divided the Indus basin system. India

being the upper riparian come out to control the canal head-works that supplied

water to Pakistan being a lower riparian. The head works (feeding Upper Bari Doab

Canal and Deepalpur Canal) which had 90%, command area in Pakistan, India

blocked supply of these canals in 1948 thus depriving of irrigation water to

agriculture command area in Pakistan and demanded that payment from Pakistan

to receive eastern water.

(INDO-PAK WATER SHARING COOPERATION, CONFLICTS

AND WAY FORWARD)

By: Dr. Rashid Aftab

Director RIPP

Page 2: Tameer - Indus Water Treaty

Modalities of Indus Water Treaty

The Indus Waters Treaty contains twelve articles covering 79 paragraphs. It has eight detailed annexes that cover

102 pages. Salient Features of Indus Water Treaty:

Distribution of the Eastern and the Western Rivers: All the waters of the eastern rivers (Ravi, Sutlej and Beas) shall be available for unrestricted use of

India. Pakistan shall be under an obligation to let flow and shall not permit any interference with water of

the Sutlej Main and the Ravi Main in the reaches where these rivers flow in Pakistan and have not yet finally

crossed into Pakistan. Pakistan however can only use it for non-consumptive and domestic purposes.

All the waters, while flowing in Pakistan, of any tributary which in its natural course joins the Sutlej

main or the Ravi Main after these rivers have finally crossed into Pakistan shall be available for the

unrestricted use of Pakistan

Pakistan shall receive unrestricted use of all the waters of the western rivers (Indus Jhelum and

Chenab). India shall be under an obligation to let flow all the waters of the Western rivers, and shall not

permit any interference with these waters.

General Provisions: The use of the natural channels of the rivers for the discharge of flood or other access waters shall

be free and not subject to limitation by either party, or neither party shall have any claim against the other

in respect of any damage caused by such use.

Each party declared its intention to prevent, as far as practicable, undue pollution of the waters and

agrees to ensure that, before any sewage or industrial waste is allowed to flow into the rivers, it would be

treated, where necessary, in such manners as not materially to affect those uses.

Pakistan’s argument was to pay only

for operation and maintenance and

not for such water that originally

belong to Pakistan prior to partition.

After extensive negotiations which

were facilitated by the World Bank

and consequently the Indus Water

Treaty (IWT) was signed in 1960. The

treaty decides the division of Indus

basin system between the two

countries. India gained full control

over the three Eastern rivers (the

Ravi, the Beas and the Sutlej)

whereas Pakistan was given the

exclusive rights on the western

rivers (the Indus, the Jhelum and the

Chenab).

Page 3: Tameer - Indus Water Treaty

IWT Arbitration Process for Settlement of Trans-boundary Water Issues

In accordance with Article VIII of the Treaty(IWT), both India and Pakistan each created one administrative post of

Indus Water Commissioner which together constitutes Permanent Indus Water Commission (IWC). The Commissioner

of each country acts on behalf of his government for all the matters of the Treaty and servers as regular channel of

communication unless either of the government decides to take any particular matter directly with the other

government. The Commission meets regularly at least once in a year, or when requested by either of the

Commissioner, alternately in each of the countries and can inspect, assisted by up to two advisors, works on Indus

basin of both the countries. These Water Commissions provide the level of interaction and coordination which start

form raising the issues and trying to settle the same at IWC level and in case of failure refer to Neutral Expert (NE)

and based on NE opinion the matter is referred to Court of Arbitration (COA).

Major Disputes Emerged in Post IWT Period

After IWT, India started developing new projects like Wullar Barrage, Baglihar and Kishenganga dams on the rivers

allocated to Pakistan which have significantly raised political and technical disputes between the two countries leads

to Water conflicts. India has interpreted the clauses of IWT-60 in such a way that shows (a) that no single dam along

the waters controlled by the Indus Waters Treaty will affect Pakistan’s access to water, (b) as Pakistan has no proper

system for water storage so India has a right to produce power and irrigate their lands.

India was given entitlement not only to continue irrigate areas of 0.26 million ha from western rivers

which were so irrigated as on the effective date, but was also entitled to irrigate another area of 0.28

million ha from the western rivers thereby making total provision of 0.54 million ha (68% of which was

from the River Jhelum and 23% from the Chenab).

The agreement precluded the building of any storage by India on the rivers allocated to Pakistan. If

India wants to generate hydroelectric power it can only build run-of-the-river hydroelectric projects (unlike

a dam or a reservoir), which do not create storages beyond the prescribed limits and in accordance with

the prescribed guidelines that how India can use the waters of western rivers for hydroelectric projects.

The Treaty is often cited as a model settling water sharing conflict in an international river basin.

India, taking advantage of the provisions of the treaty has initiated some projects like; Kishanganga,

Baglihar and Wullar (dams) and heightened water related tensions/conflicts.

Page 4: Tameer - Indus Water Treaty

براۓ معلومات و تعقیب

رفاہ انٹرنیشنل یونیورسٹی

المیزان کمپلیکس

پشاور روڈ، راولپنڈی، پاکستان 274

HR Department

[email protected]

Tel: 92 51 5125162-7, Ext-231

UAN: 92 51 111 510 510

For Information & Feedback

Way Forward

The Indus Water Treaty (IWT) is the most significant confidence-building measure between India and Pakistan.

Despite the wars and hostilities, the IWT has functioned well since it was signed in 1960. The important aspects

is that whether ‘water rationality’ will continue to govern the riparian relationship or whether ‘water sharing’

will open up a new front of contentious politics. It was, however, affirmed by the Boundary Commission and the

Arbitral Tribunal that the authorized shares of the two zones in the common water supply would be continued to

be honored.

The analysis of the treaty and its operationlization in the last fifty years indicates that, if the same was followed

in letter and spirit, it can provides a good foundation for resolution of water disputes between two arch rivals.

The water issues can be judiciously addressed by sharing the water as a “collective resource” for our future

generations. Any major upstream alteration in a river system, should be negotiated, not imposed as in case of

Indian water overtures on river Jhelum. An interesting argument made by John Briscoe, expert on South Asia’s

water issues at Harvard University, speaks more about the rights and privileges of lower riparian countries,

underscoring the accommodation and generosity of the upper riparian nations. Briscoe’s article “War and Peace

on the Indus” published in “South Asian Idea” puts the onus on India, being the upper riparian, to show restraint

on the Indus basin, demanding that India should be more accommodating and considerate as an upper riparian.

The two countries using water as a common resource should cooperate and open up a range of possibilities

through “optimum development of the rivers” by “mutual agreement to the fullest possible extent.” At present

Pakistan Indus Waters Commissioner have objections to seven projects of India. Although Indus Waters Treaty

framework is to settle mutual Water issues but Pakistan has become uneasy with the arrangement in recent

years and voices are being raised for a review of the accord. The best approach is to revisit IWT and modify and

convert it from a water portioning treaty into a water resource development treaty through better governing

mechanism system more focusing on the implementation aspect.