India issued a “notice of modification” of the Indus Waters Treaty to Pakistan on January 25. Find out why
Engineers and workers work at the tunnels of Kishanganga power project in Gurez, north of Srinagar. (File photo)
By Chingkheinganbi Mayengbam: India issued a notice to Pakistan on January 25 accusing its neighbour of being “intransigent” on the implementation of the Indus Waters Treaty (IWT). The notice comes after years of disagreement between the two countries on two hydroelectric power plants planned by India in Jammu and Kashmir – the Kishanganga (330 megawatts) and Ratle (850 megawatts).
Let us take a quick look at why the two countries are contesting over these projects.
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In 1960, India and Pakistan signed the Indus Waters Treaty with the World Bank as a signatory of the pact. The agreement took place after nine years of negotiations and divided the control of six rivers between the two countries.
Under the treaty, India got control over the rivers Beas, Ravi and Sutlej while Pakistan gained control of the Indus, Chenab and Jhelum.
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DIVISION OF CONTROL
Under the treaty, all the waters of the three eastern rivers, averaging around 33 million acre-feet (MAF), were allocated to India for exclusive use.
A similar control was given to Pakistan for the waters of the western rivers – Indus, Jhelum, and Chenab – averaging around 135 MAF, except for one condition.
According to the treaty, India has the right to generate hydroelectricity through the run of the river (RoR) projects on the western rivers which, subject to specific criteria for design and operation, is unrestricted.
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CONFLICT OVER PROJECTS
Construction on the 330 MW Kishanganga hydroelectric project built on the tributaries of the Indus began in 2007. Meanwhile, the foundation stone for the Ratle Hydroelectric Plant to be constructed on the Chenab was laid in 2013.
Pakistan raised a dispute on the two projects, saying it violated the Indus Waters Treaty (IWT). Criticising the Kishanganga project, Islamabad said that it blocks water that flows into Pakistan.
In 2015, Pakistan approached the World Bank and sought the appointment of a neutral expert to address its objections to the Kishanganga and Ratle Hydro Electric Projects. The very next year, Islamabad retracted the request and sought a court of arbitration to adjudicate its objections.
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In 2017, the World Bank said India is allowed to construct hydroelectric power facilities on tributaries of the Jhelum and Chenab rivers with certain restrictions under the 1960 treaty.
In May 2018, Prime Minister Narendra Modi inaugurated the Kishanganga project despite objections by Pakistan.
The Kishanganga project stores around 0.65 million acre feet (MAF) of water from the Ujh river to irrigate at least 30,000 hectares and produce over 300 megawatts of power.
In 2019, Nitin Gadkari, the then central minister for water resources, said India will stop water from flowing to Pakistan after the Pulwama attacks.
WHAT ARE THE FRESH CHARGES?
India’s letter to Pakistan said the latter’s move to initiate two simultaneous processes on the same questions which have the potential of bringing contradictory outcomes creates a legally untenable situation, which risks endangering the 1960 treaty.
India said Pakistan hasn’t budged and despite its repeated efforts to find a mutually agreeable way forward, it refused to discuss the issue during the five meetings of the Permanent Indus Commission from 2017 to 2022.
Under such circumstances, India issued a “notice of modification” of the treaty to its neighbour.
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