INDUS WATER TREATY: a CRITICAL REVIEW Mohd

© 2019 JETIR March 2019, Volume 6, Issue 3 www.jetir.org (ISSN-2349-5162) INDUS WATER TREATY: A CRITICAL REVIEW Mohd. Sagir, Ph.D Scholar, MMAJ Academy of International Studies, Jamia Milia Islamia, New Delhi Supervisor: Prof. GM Shah, MMAJ Academy of International Studies, Jamia Milia Islamia, New Delhi In the present paper an attempt has been made to analyse the various aspects and issues of Indus water treaty in detail: Historical background, pre independence scenario, provisions of the treaty, distribution of the rivers and major hydro projects in Indus basin, impact of treaty on indo-Pak relations and impact of Indus water treaty on Jammu and Kashmir.

Key Words: Indus water treaty, India, Pakistan, Jammu and Kashmir and review

Introduction:- In this chapter an attempt has been made to analyze the various aspects and issues of Indus water treaty in detail. Historical background, pre independence scenario, provisions of the treaty, distribution of the rivers and major hydro projects in Indus basin, impact of treaty on Indo-Pak relations and its impact on the state of Jammu and Kashmir are discussed and critically analyzed in this chapter. Indus Water Treaty opened way for peaceful resolution of water dispute between the two countries.1

Historical background:- The Indus basin has a total area of around 1.12 million km2 and ranks 21st in terms of drainage and catchment area. The catchment area of the basin is spread over four different countries of which Pakistan with 47 per cent has the maximum share, India has 39 per cent area, China 8 per cent and Afghanistan has 6 per cent share. The river has a total length of 3180 kms and is ranked 22 in terms of length in the world and in terms of discharge the river stands at 17th in the world. Considered as one of the greatest rivers in the world has its origin from Tibetan Plateau. Indus river system has six major tributaries which are river Sutlej that arises in China, the Kabul river that rises in Afghanistan and the rest four Ravi, Jhelum, Beas and Chenab arises in India. Sutlej, Beas and Ravi are designated as eastern rivers whose water belongs to India and the Jhelum and Chenab are designated as western rivers whose water belongs to the Pakistan in the famous bilateral Treaty known as Indus Waters Treaty signed in 1960 signed by both the countries. The water of the Indus Basin serves as lifeblood for around 300 million people who live in the Indus Basin of which the majority of them live in the areas belonging to Pakistan and India also has a fairly high share. Indus which for some is the great Himalayan river that flows from the height of 29, 000 feet above the sea level.

In Latin, the river is names as ‘Sindus’ and in Greek it is known as ‘Sinthos’ and in Sanskrit it is called as ‘Sindhu’ In the Indus Basin Pakistan has three major hydro power dams and the fourth one is under construction. Of which Mangla dam is built on river Jhelum, the Tarbela dam and Ghazi Barotha is built on the Indus river and the fourth one is being built on the river Jhelum. India has built six large dams of which Bhakra and Nangal are built on the Sutlej river, Pandoh and Pong of the river Beas and Salal and

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Baglihar dam on the river Chenab. The water of the Indus Basin is used for agriculture, hydro power generation and for other industrial use. The Indus river system has the fifth largest system in the world which is known as “Indus Basin Irrigation System”. Four riparian states India, Pakistan, China and Afghanistan are dependent on the Indus Basin for their water needs. It is suggested that proper water resource management and co-operation between these states can help millions of people. The cooperation among the four riparian states are needed for to combat the problem of water insecurity which has turned out to be one of the biggest problems in the 21st century. The four states have often been on the loggerheads with each other instead of co-operating for solving the problem.

Indus Basin During Medieval Period (Water Source Development):- Experts suggest that as per its geology and physical geography the Indus Basin is as old as earth. It has the human life since the Stone Age. Due to control over water resources the Indus basin has changed since 1850 to 2000. During the medieval period the local irrigations system flourished in the basin. During that period “innumerable shallow, hand-dug, masonry-lined wells provided water for irrigation agriculture and livestock husbandry”.

Indus Basin Water Resource Development During British Time:- The Britishers did a massive investment in the undivided Punjab. Majid Ajghter suggets that “from 1867 to 1892, cultivated area in Punjab increased 50 %, total kilometers of canals increased eightfold, railway mileage increased fourfold, and kilometers of roads doubled. From 1885 to 1947, the British built thousands of miles of canals in this arid landscape and facilitated the migration of farmers carefully selected by caste and kinship group”.2 The Britisher during their rule in India build massive irrigation engineering system. At the time of partition of India “there were 26 million acres of irrigated lands in the Indus Basin”.3 During their rule in India the Britishers undertook some major projects of environemental transfromation that literally changed the Indus Basin. There were transformation in the land use during the British rule that changed the Indus Basin. The Britishers started to build the large scale irrigation project since 1880s and by the late 19th century they constructed ‘pernial canals’. Canal irrigation system developed rapidly during the British rule.

The Indus Water Treaty: An Analysis of Main Content:- The Indus Water Treaty or IWT was signed in the year 1960 by India and Pakistan which was signed after the mediation of the World Bank. It is a very lengthy treaty and has detailed annexure. Unlike some other water treaties like Ganges Water Treaty of 1966 the Indus Water Treaty is signed as a permanent agreement between India and Pakistan which has no end date and do not required any renewal. It has to be noted the treaty has never been amended or updated since it was signed in 1960. The Treaty had 12 Articles and 8 Annexure.4 The Indus Water Treaty is hailed by many as “one of the great success stories of the international water disputes”.5 Although the State of India and Pakistan has fought many wars since partition the Indus Water Treaty has remained unaffected and has been effective. However, it has been a contentious issue between the two neighbouring countries due to water scarcity and due the emerging threat to “climate change and the

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environmental degradation in the Indus Basin”. After the drawing of the international boundary by the Radcliffe commission of India and Pakistan, India became upper while Pakistan became a lower riparian region.

Signing Ceremony of Indus Water Treaty 1960

Plate No. 3.1

From Left to Right, signing the “Indus Water Treaty the Indian Prime Minister Jawaharlal Nehru, the President of Pakistan, Ayub Khan, and the World Bank Representative on September 19, 1960 in Karachi, Pakistan”.

The preamble of the Indus water treaty explains the mutual consent of both the signatory countries to avail the maximum utilization of the Indus water system. It also enshrines the rights and obligations in a spirit of cooperation and coordination of each country in relation to the use of Indus waters and of making provisions for the settlement of any future dispute on the water issue. Both the countries assured faith in concluding the treaty and agreed upon its Articles and Annexure.

Article I deals with the definitions of all those terms which have been used in draft of the treaty. This Article explains every term used in the text of the treaty. The terms like ‘Rivers’ ‘Tributaries’ ‘Indus Water Commission’ ‘Article’, ‘Annexure’ etc. are explained separately in this article. Article II explains the details of the eastern rivers and their unrestricted use for India.6 It has a clause for transitional period which started from Ist April 1960 to 31st march 1970.7

Article II of the treaty read with Annexure B which entitles Pakistan to use water from certain tributaries of east following rivers like Ravi and Sutlej for agricultural use across the border line when they enter into Pakistan. Annexure B pertains to ‘domestic and non- consumptive’ and ‘agricultural use’ of the waters of four tributaries of the Ravi namely Basantar, Bein, and Ujh for the irrigation of a total of 45, 400 acres of area.8

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Article III deals with western rivers.9 The provisions of this Article are related to the unrestricted use of “western rivers – the river Jhelum, Chenab and the Indus by the Pakistan”. As per the provision India shall not interfere except for domestic’, ‘non-consumptive’, agricultural and ‘hydro electrical’ uses in the restricted manner.

The Article III and Annexures C and D contain certain significant provisions regarding the withdrawals for a specified limit by India from the western rivers. Such provisions are related to the areas located in Jammu and irrigated by inundation canals Ranbir and Partap and are drawn from the Chenab River above Marala, and they even permit India to build a barrage but not a dam.10 As per the provisions of this Article, “India may continue to irrigate from western rivers all other areas that were irrigated on the effective date of the treaty (1 April 1960), and may even enlarge the irrigated cropped acreage (counted twice if cropped twice a year) by 70,000 acres in the Indus Valley, 400,000 acres in the Jhelum Valley, and 225,000 acres (of which not more than 100,000 acres may be in Jammu District) in the Chenab Valley, plus 6,000 acres from the Chenab but outside its basin.” 11

For this, India may build storage capacities up to 0.25 M.A.F. on the upper Indus, 0.50 M.A.F. on the Jhelum above verinag (Vale of Kashmir) and 0.50 M.A.F. on the “Bhaga and Chandra tributaries of the Chenab”. Annexure D and E permitted India to generate hydroelectricity and storage of water on western rivers. India can generate hydro electricity from these rivers with respect to run of the rivers with dead storage level. The total Power storage capacity on the Indus is 0.15 M.A.F., Jhelum 0.25 M.A.F. and the Chenab 0.60 M.A.F., and the only flood storage capacity of 0.75 M.A.F. on the Jhelum.12 These are all subject to elaborate restrictions and regulation provided in Annexure D and E. As per the provision of this Article India can built hydroelectric structures which were in “operation on the effective date of the treaty”. Such plants are permitted to be completed which were under construction during the effective date. Moreover, with the consent of Pakistan and prescribed within the provision of the treaty India can build new hydro electric plants with run off the rivers. But such structures with large storage and diversion works on the western rivers in India are ruled out for India in the western rivers.

In Article IV of the treaty there are provisions related to both Eastern and western rivers13.The very first mention of the ‘replacement’ works stating in paragraph (I) that “Pakistan shall use its best endeavours to construct and bring into operation, with due regard to expedition and economy, that part of a system of works which will accomplish the replacement, from the western rivers and other sources, of water supplies for irrigation canals in Pakistan which, on August 15, 1947, were dependent on water supplies from the eastern rivers.”14 It is worth noting that that the treaty recognizes that the “System of Works”, in the Indus Basin project, is not exclusively or entirely for ‘replacement’ purpose. Article IV also requires Pakistan to maintain, or even to extend at Indian cost certain drains that share territory on both sides of the border. Further it prohibits either the party from diverting “Ravi between Madhopur and Lahore or Sutlej between Harike and Sulemanke”, a prohibition that finally vitiates the effect of

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Radcliff's specification that it is the district boundaries which may consider as border rather that actual course of the rivers, should forming the border.15

Paragraph (8) through (10) of article IV explains “that the use of the natural channels of the rivers for the discharge of flood or other excess waters shall be free and not subject to limitation by either party.” 16 It provides to carry out storage dam, barrages and canal irrigation system in “such manner that it does not cause any material damage to other party and prohibits undue pollution of the water of the rivers”. The parties have to use the waters for provided in the articles II and III accordingly without affecting any one's territorial right over the waters.17 This article further provides that India shall pay a sum in ten equal annual instalments (EPW, 1998, p. 1677) to the “World Bank for the credit of the Indus Basin Development fund (IBDF)”. It also provides for the payment to India by Bank out of the fund a graduated scale of sums if Pakistan extends the transitional period.

Development Fund is mentioned only in Article V in the treaty. It further specifies that “neither party shall be entitled to claim any payment for observance of the provisions of this treaty or to make any change for water received from it by the other party." 18

Article V further states that nothing in its first paragraph (quoted above) or in the first paragraph of Article IV, shall be construed to confer “upon India any right to participate in the decisions as to the systems of works which Pakistan constructs or to constitute an assumption of any responsibility by India or an agreement by India in regard to such works.” 19

This clearly makes the Indus Basin Project as a matter between the Bank and the Governments on the one hand and Pakistan on other. The "system of works" is nowhere mentioned in the treaty or its annexure. It is solely left to the Development fund Agreement. This procedure and the above provision in Article V enables to avoid any commitment by India with respect to one of the key elements of the “Indus Basin Project, the Mangla Dam, which was being constructed” in Pakistan administered Kashmir.20

Article VI and VIII deal with regular exchanges of data on regular basis pertaining to deliveries, withdrawals and discharges etc. between the parties. It also provides the establishment of hydrological and metrological observation stations and newly constructed drainage works in the territory of one signatory country at the behest of the other. Article VII also expresses the exchanges of data on new irrigation structures, voluntarily or upon request.21

Article VIII provides for two commission. The commission will be consisting of a high ranking engineer with an appropriate status by his own Government. He may be accorded the privileges and immunities of a representative to the United Nations by the other Government. The two Commissioners have the duty to serve as regular channels of communication for the exchange of information and data. The notices and responses as provided by the treaty are to be derived by the commissioner. The two Commissioners considerably form the Permanent Indus Commission.22

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This Commission can study any problem referred to it by the concerned Government. It can make initial attempts to settle any difference or dispute or can undertake general tours for inspection within a period of every five years. It can conduct special tours at any time upon the request of either Commissioner. The Commission shall meet regularly at least once in a year alternatively in India and Pakistan. It has to submit a yearly report preferably before 1st June of every year to the two Governments. The Governments may supersede the Commission and deal directly with each other if they so desire.23

The Commission cannot decide any question of interpretation, application, or alleged breach of the treaty. The Article IX and Annexure F provides for the formation of reference to a neutral expert for the settlement of disputes. When differences arise it can be dealt as per the provisions of Article IX (2) (a). The procedure adopted to deal with difference arisen is as given: "The neutral expert shall as soon as possible, render a decision on the question or questions referred to him, giving his reasons. A copy of such decisions, duly signed by the Neutral Expert, shall be forwarded by him to each of the Commissioners and to the Bank.” 24

Whenever a dispute arises any party can approach the neutral expert decision given by it is obligatory on parties to follow. If failing the resolution of any dispute by a neutral expert, Article IX (5) and Annexure G provides to establish a Court of Arbitration. The Arbitration Court will comprise of total seven members including two members from each party and a Chairman. The Court will decide all queries about the issue under its competence and will determine its further procedure along with time in which each party must present and conclude its argument.

The Court has to apply the laws & provisions of the treaty. The court may use international law and conventions if required. The award of the court must be passed in presence of four or more members of the court which shall be delivered by the court to each party after signatures. The award is final and binding upon the parties with respect to particular dispute. 25 The Emergency Provision are inserted in Article X on behalf of Pakistan. This provision was designed to give a space for negotiations and modifications of the treaty. Prior to March 31 1965, Pakistan was to be prevented from the outbreak of "large scale international hostility arising out of the causes beyond the control of Pakistan from completing the ‘replacement element’ of the scheme of works by March 31, 1973.” 26 Since the operative date had passed even before the September 1965 Indo-Pak war, article X has no further attitude.

Article XI is, lorded with the meaning. It particularly confines the application of the treaty to "the use of the waters of the rivers and the matters incidental thereto"27 of excludes any alteration of the treaty. "Whether tacit, by implication or otherwise" as affecting any other rights or claims whatsoever of the parties. It also express that the execution of the Development Fund Agreement ‘shall have no effect on the rights and obligations’ of the parties to the treaty. It is pertinent to maintain that India is not a party of Development Fund Agreement.

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The name Indus Water Treaty 1960"28 is given in Article XII which is consisted of a Preamble which include the Articles (I to XII) and Annexure A to H. It also mentions for the ratification of the treaty and to its exchange in New Delhi. After its ratification by both the parties the Treaty shall be considered to come into force from 1st April, 1960. The Article XII to concludes the treaty after the signatures of the Prime Minister of India, Pandit Jawaharlal Nehru, Ayub Khan President of Pakistan, and W.A.B. Illiff, the then Vice President of the World Bank.

The Main Provisions of Indus Water Treaty:- The three main provisions 1. Regarding eastern rivers and 2. Regarding the western rivers and 3. Regarding Eastern rivers and western rivers are given in Article II, III and IV of the treaty:

(A) “Provisions Regarding the Eastern Rivers”: (i) “All the waters of the Eastern rivers shall be available for the unrestricted use of India”. (ii) “Except for domestic and non-consumptive uses, Pakistan shall be under an obligation to let flow, and shall not permit any interference with, the waters of Sutlej Main and the Ravi Main in the reaches where these rivers flow in Pakistan and have not yet finally crossed into Pakistan”. (iii) “ 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”.29

(B)Provisions Regarding the Western Rivers:-

(i) “Pakistan shall receive for unrestricted use all those waters of the western rivers”. (ii) “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”.30

(C)Provisions regarding the Eastern and western Rivers:

(i) “Pakistan shall use its best endeavours to construct and bring into operation a system of works that will accomplish the replacement from the Western rivers (and other sources of) the water supplies for irrigation canals in Pakistan, which on 15th August, 1947 were dependent on water supplies from the Eastern rivers”. (ii) “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”. (iii) “Each party declares 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 will be treated where necessary, in such manners as not materially to affect those users”. 31

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Functioning of the Treaty: Permanent Indus Commission:- Article VIII states for a Permanent Indus Commission (PIC) which was established in June 1961 “to maintain a co-operative arrangement and implementation of the treaty”. The Commission consists of the members of the Indus Commissions of the state of India and Pakistan. The membership of Commission is seven separately for India and Pakistan. It includes the members who have knowledge in the field of water, dams, hydropower and irrigation projects. The engineers having technical knowledge of hydro engineering and irrigation projects. The parliamentarians having the knowledge and experience of water related issues. The Permanent Indus Commission will have to meet once in a year both in India and Pakistan alternatively. The meeting is chaired by the host country of Indus Commissioner. The first meeting was held in June 1961 in Islamabad followed by the second meeting in New Delhi in the same year. The Permanent Indus Commission has established its Offices both in New Delhi and Islamabad. All the proceeding of the meetings exchange of data and other issues related to the treaty are recorded and kept in these offices.32

Every year the commission submits its report to the respective government regarding its proceeding and works. In initial meetings of the Indus Commission the ways and means for implementing the treaty, the promotion of cooperation between the parties and dispute settlement were discussed. Consequently, each country started the developmental projects on their allotted riparian regions. The flow of water remained undisturbed from upper riparian to the Pakistani canals as it was agreed in the Transitional Arrangements.33 Although the two neighbouring country fought wars in 1965 and 1971,but this did not make any negative impact on the functioning of the treaty.34 The regular working of the Permanent Indus Commission continued smoothly in these rival years. The Permanent Indus Commission conducted its meeting regularly related to exchange of data and other related business as per the provision of the treaty.

The dispute redressal mechanism which has met 112 times till July 2016. The last meeting was held in July 2016 in New Delhi. The Indian Prime Minister, Mr. Narendra Modi convened the meeting and expressed that “things have been difficult with Pakistan this is the appropriate time to review arrangements under the Indus Waters Treaty again”.35 The Indian Government showed its resentment with Pakistan after the terror attack at Army camp Uri in Kashmir on 19thsept. 2016. It was declared in the meeting that “blood and water cannot flow together.” 36 The further water talks with Pakistan were suspended but no final decision was taken on abrogation or revision of treaty.37

Indus Water Treaty and Distribution of Rivers:- The Indus Water begin in the Himalayan region and “ends into the Arabian Sea”. The Indus Water Treaty was signed in order to resolve the water conflicts between the two states. The conflict over rights over Indus Water Treaty dates back to the partition of India that resulted in the creation of the state of Pakistan. Both the countries after the partition were not sure on how to share and mange the waters of Indus Water Basin and both that it are their natural right over the waters. Geographically the source of the river is in India hence, creating further problems over the rights of the river. For Pakistan, Indus Basin serves as the lifeblood for millions of its people and any

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changes to the rights over water would affect these millions of people adversely. Initially, during some years of the partition the waters were served using the ‘Inter-Dominion Accord’ of May 14, 1948. But the by the year 1951, the problems over sharing of waters became difficult and both countries turned hostile to each other. With the intervention of the World Bank in 1960, Indus Water Treaty was signed in the year1960. Pakistan was of the opinion that it has historic rights over the river. After a series of discussions and deliberations the World Bank proposed that the three eastern rivers will belong to India and the rest three western rivers would belong to Pakistan.38

Implications of the Treaty:- The signing of the Indus Water Treaty by “then Prime Minister of India Pandit Jawahar Lal Nehru and the President of Pakistan Ayub Khan on September 1960”, gave up that the problems of water sharing will be resolved in a peaceful and co-operative manner.39

Indus Water Treaty Under Scrutiny:- Both India and Pakistan since signing of the Indus Water Treaty have abided by the Treaty since 1960. The treaty came under fire after the Uri attacks in the Indian part of Kashmir. Pakistan is against the construction of any power projects on the Indian side of the basin. India threatened Pakistan that it will review the terms of agreement of the treaty after the Uri attack.40

Some media reports also suggest that in 2016, Pakistan also approached International Court of Justice over the treaty. This was after Pakistan had requested India to settle the outstanding disputes related to the Kishenganga project.

Post Treaty Developments in Pakistan:- Indus water treaty has benefited Pakistan to a large extent. After several rounds of negotiation “between the World Bank and the state of Pakistan”, the IBDF "Supplemental" Agreement was signed on 6thApril, 1964 between Pakistan, World Bank and the "friendly governments". Consequently the grants and loans were given to Pakistan. As per the agreement US $ 205 million additional grant to Pakistan was provided by the friendly governments and US $ 110 million as loans by the USA and the World Bank.41

This additional funding and international aid geared up development-cum-replacement works in Pakistan. One mega project consisting of a storage reservoir-cum-power plant on river Jhelum at Mangla, another on the Indus at Tarbela and several other barrages and link canals for irrigation purpose were taken up. A details of major hydro power projects operational in Pakistan is given as:

(i) Mangla Dam: It was constructed on Jhelum river at Mangla and located almost 20 miles upstream of Jhelum town. Later on it was “included in Indus basin project”. India objected the construction of this dam as it suggested that it is located in the disputed territory of Pakistan Occupied Kashmir. Construction work was started in 1962 and got completed in the year 1967. This dam is one of the largest hydraulic structures in Pakistan. It has a height of 380 ft, and its length is 11,000 ft.42

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(ii) Tarbela Dam: Tarbela Dam is Located in Punjab province of Pakistan and is constructed on Indus River at Tarbela. Its work started in 1967 and got completed in 1977.43 With 469 ft height and storage capacity of 9.7 MAF Tarbela Dam is the largest field dam in the world. It has a generation capacity of 3478 MW. It provides the water for irrigation and domestic use for a vast area of West Punjab besides generating hydroelectricity.

(iii)Kalabag Dam: It is located in Kalabag “across the Indus river in Mianwali district” in west Punjab province which is bordering Khyber Pakhtoonkhwa (KPK) province. It was planned in the year 1953 and till 1973 it was used as a water storage area for irrigation purpose. Since 1973 to 1984 its design was changed and it was made a multipurpose mega dam. The project was delayed due to the controversy raised since its inception on the issue that the project will benefit the Punjab region at the cost of Sindh and KPK regions. The people of Sindh and Khyber Pakhtoonkhwa region objected that project may benefit to only Punjab. It also becomes a prey of domestic politics in Pakistan. This project has also serious environmental and human impacts.44 In Dec.2005 the then president General Pervez Musharaf announced that he would construct the dam in the larger public interest but in 2008 the project was discarded due to its non-feasibility and resolution was passed against it by the Sindh and KPK assemblies. The objections raised by Sindh province have delayed the works of the project.

(iv) Irrigation Canals: After the Indus Water treaty Pakistan constructed major and minor irrigations structures for irrigation purposes. Three new barrages including Gudu Barrage in 1962 on Indus upper Sindh, in 1967 Kalabagh barrage on the Indus in West Pakistan and in 1970 Kotri Barrage in Lower Sind on the Indus. Pakistan constructed 8 new link canals to irrigate the area between these link canals, Kalabagh-jhelum link canal, taunsa-Panjnad link canal (Jhelum- Chenab), Mangla-Merala link canal, (Jhelum-Chenab), Qadirabad-Baloki link canal (Jhelum and Chenab) in west Punjab, Chasma-Jhelum link canal (Indus and Jhelum) in upper Punjab trimmu- Sidhani link canal (Chinab and Ravi) in Lahore and Rasul-Qadirabad link on Chenab. The work on these entire link canals was started in early 1960's and these canals become operational in 1971-72 (Farah, 1993).

After 1960, 15 new canals were constructed in Pakistan. These are Kalabagh Canal on Indus (1962), (1965), Merala canal on Chenab (1967), Chasma Canal on Indus (19680, Gudu Canal on Indus, (1962), Kotri Canal (1962) on Indus, Mailsi Canal on Ravi (1968), Ravi Canal in Lahore (1970), and Sulemanke-II Canal on Sutlej 1974 and Symhon Canal on Sutlej (1979).45

Post-Treaty Developments in India:- As per the Indus Water Treaty India has to let the flow of water of the eastern rivers to Pakistan and in the period of transitional arrangement of 10 years in which India got the opportunity to complete its already undertaken projects. In this transitional period India constructed highest straight gravity dam in the World situated at Bhakra Dam situated at Bhakrain

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village Bilaspore (Punjab). This Dam was dedicated to the nation by Pandit Jawaharlal Nehru on 20thNovember 1963. The other Dams which were constructed by India include Beas Dam on Beas in Punjab. The construction of the dam was started in the years 1959-60 and it was completed in 1973.There is another dam on the Beas at pong (Punjab) started in 1959 and completed in 1974.46 India started works on various major projects and new canals on the eastern rivers at the expiry of the transitional arrangements of 10 years in 1970.

Source: Earth System Governance, 2013.

Data Exchanged Between India and Pakistan:- Article VI and VII of the treaty deal with the exchange of data on regular basis. In compliance to these provisions both the countries have exchanged data related to the development of the rivers to each other. India has provided the data of all the storage reservoirs, canals, 27 hydel projects which includes run of the river plants from the eastern and western rivers and small plants, including the data of irrigated area from the western rivers to Pakistan.47

Pakistan has also supplied the data relating to all the developments taken across the Indus Basin in its territory to India. Pakistan shared data related to storage reservoirs, hydrel plants, irrigation canals including link canals and barrages developed after the implementation of the treaty.48

The third meeting of the ‘Permanent Indus Commission’ was held in New Delhi in February 1962. In this meeting, it was agreed by India to provide information regarding the flood flows to Pakistan during the summer (monsoon) seasons through telegram.

“As per the provisions of the Indus water Treaty, the flood flows of the rivers of Ravi, Sutlej, Beas, Jammu Tawi, Chenab and Jhelum are being transmitted to Pakistan through telegram since 1962. JETIR1903H02 Journal of Emerging Technologies and Innovative Research (JETIR) www.jetir.org 721

Broadcasting of flood flows of rivers Ravi, Jammu Tawi and Chenab are also being done since 1974. In February 1989, as requested by Pakistan an agreement has been signed between the commissioners of Indus waters of India and Pakistan, to communicate the flood flow of rivers Ravi and Sutlej to Pakistan on telephone during the period 1st July to 10th October every year.” 49 A temporary Mobile Control Room was also established during this period across the Ravi and Sutlej in Indian Punjab to give the latest information regarding the floods.

Post -Treaty Indo-Pak Differences on Water Sharing:-

Till 1972, the treaty was working within the provisions and in a peaceful and cooperative manner. The transitional arrangements ended in a cooperative manner on 31st March 1970.50 The treaty was not even affected due to 1965 or 1971 wars between the two countries. The first dispute emerged only in 1972 when India started the construction work of 690 MW Salal hydroelectric projects on Chenab at Dhiangarh (Reasi) district Udhampur of J&K State. In the original design the height of the dam was power 125 meter (M) and generation capacity was 800 MWs. This design was objected by Pakistan which sent several notices to India that the proposed dam is violating the treaty.

A lot of discussions were held at the Indus Commissioners level, and water Secretary level from 1972 to 1978. Due to internal problems in India the issue was delayed. During the reign of Janta Party in India, the Foreign Ministers level talks were held during February-March 1978, which paved the way for resolving the difference on the Salal issue.

The transitional arrangements were fixed for a period of ten years as India was duty bound to let the supply of existing waters to Pakistan from the eastern rivers. It was to be extended for another three years if needed so, but during this time Pakistan and completed almost half of the replacement works. The Mangla Dam was completed in 1967 which was included for replacement plan despite severe criticism by India.

Finally an agreement was concluded between the foreign Minister of India and Advisor to foreign Affairs of Pakistan on 14th April, 1978 in New Delhi. In this agreement the design of the Dam was changed.51 With this agreement the much debated dispute on the Salal project came to an end. The important feature of this agreement was a reduction in the height of the dam from 125 m to 113 m which ultimately reduced its potential to 690 MWs (i.e. 390x2 in two phases) from originally 800 MWs.

The provisions of the agreement were hereby upon agreed by both countries “without prejudice to the provisions of the Indus water Treaty 1960”. And it was hoped that this agreement would be a significant step to make the sub-continent an area of stability and optimize their natural resources for the well being of the peoples in the countries of the region.

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Indus Water Treaty and Dispute Resolution Mechanism:- Indus Water Treaty has been considered as the model of conflict resolution.52 The conflict between water resources started in late 19th century but after the British left India claimed sovereignty over its water resources. As per the Indus Water Treaty the Pakistan was allowed exclusive right to use water from 3 rivers designated as western rivers in the Treaty “Indus, Jhelum and Chenab and India was entitled to uses water from Ravi, Sutlej and Beas termed as eastern rivers in the Indus Water Treaty”.53

Conclusion:- The changes in the demography, hydrological and political changes and of late the climate changes have put strain on the functioning of the Treaty. It has been noted that Pakistan has been on the receiving end of these changes and hence policy makers have been working towards securing their water rights in the basin. Some suggest that growing shortage of water can possibly lead to another war between the two countries over Indus water. It is suggested that it unlike the land resources which are static in nature dealing with the water resources is difficult to control due to the continuous motion. Indus Water Treaty was able to resolve the conflict between the two states to a very large extent. Till the year 1999, the treaty was considered a great success in resolving the water conflict but the construction of Baglehar Dam on the Chenab river raised important concerns from Pakistan over its rights over the Indus Water.

References

1 The World Bank, 1960, p. 99 2 Akhter, 2017, p. 22. 3 Gilmartin, 2015, p. 1 4 Official Draft (Annexure) of Indus Water Treaty, 1960. 5 Ibid. 6 Article II, it deals with the provisions regarding the eastern rivers which were reserved for unrestricted use of India after the transitional period i.e. till 1970. 7 Transitional period was made from 1960-70 in which Pakistan was entitled to use the water of eastern rivers on payment basis and also to accomplish its structural replacement works 8 Annexure B. 9 Any kind of development by Pakistan in this context was subjected to inform India. 10 A solid barrier equipped with sluice gates its length to regulate the water surface level in the river. 11Annexure C and D. 12 Ibid. 13 Article IV. 14 Ibid. 15 Ibid. 16 Article IV para 8.

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17 The parties mentioned in Article V 18 Article V. 19 Article V, para 6. 20Article VI. 21Article VII. 22Article VIII. 23 Article VIII 24Annexure F. 25Ibid. 26Annexure G. 27 Article XI. 28 Article XII. 29 Article II – “Provisions regarding Eastern Rivers” 30 Article III – “Provisions regarding Western Rivers” 31 Article IV – “Provisions regarding Eastern Rivers and Western Rivers” 32 http://www.pic.ind.com. 33 Ibid. 34 “Roshni Chakraborty and Sadia Nair, Indus Treaty Its relevance to Indo-Pak Relations, Pakistan Horizon, vol. 55, no. 4, October 2002”, pp. 59-61. 35 Haidar, S. (2016, September 26). India suspends talks on Indus water pact. Retrieved December 12, 2018, from The Hindu: https://www.thehindu.com/news/national/India-suspends-talks-on-Indus-water- pact/article15000771.ece 36 The Hindu, September 26, 2016. New Delhi 37 Ibid 38 STIMSON. (1960, September 19). The Indus Waters Treaty: A History. Retrieved December 11, 2018, from STIMSON: https://www.stimson.org/the-indus-waters-treaty-a-history 39 Külz, H. R. (1969). Further Water Disputes between India and Pakistan. The International and Comparative Law Quarterly , 18 (3), 718-738. 40 STRATFOR. (2016). STRATFOR. Retrieved DecembeR 12, 2018, from STRATFOR: https://worldview.stratfor.com/article/dispute-kashmir-troubles-waters-indus-river-basin 41 Gulhati, N. D. (1973). Indus Waters Treaty: An Exercise in International Mediation. Bombay: Allied Publishers. 42 http://www.wapda.org.pk 43 Ibid. 44 National Water Resources Development Programme submitted to CP by Shaukat Mahmood Alvi Al-Khobar 45 Ahmad, N. (1993). Water Resources of Pakistan and Their Utilization. 46 National Water Resources Development Programme submitted to CP by Shaukat Mahmood Alvi Al-Khobar 47 Gulhati, N. D. (1973). Indus Waters Treaty: An Exercise in International Mediation. Bombay: Allied Publishers. 48 http;//www.pk.org 49 India is entitled to irrigate 2,70,000 acres of land from the western rivers according to the existing needs. India can withdraw more water needed but on the request made to Pakistan. After consideration of India's request Pakistan will examine the data and allow India to irrigate more area. India irrigated an area of 8,05,745 acres against permissible of 9,12,477 acres during 1999-2000. 50,949 acres, 6,39,177 areas, 1,15,619 acres in Indus, Jhelum, and Chenab Basins respectively. (http://www.pic.ind.com)

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50 The agreement is however reviewed every year. No cost is being charged to Pakistan, although the treaty provides for the same. This is purely a gesture of good will from India towards Pakistan. However from year 2001, Pakistan has been asked to reimburse the cost of transmission of flood data as per the provision of the treaty but matter is still unser correspondence. (http:www.water.int.net). 51 The agreement further provided that the full poundage level should not be higher than earth level (EL) 1600 feet with no operative pool. The dead storage capacity was not to exceed 230,303 acre feet. It also provided that the spillway gates should be 12 in numbers with 50 feet wide and 30 feet high, without let works six in number till level not below EL 1365 feet. Kanyalil Sureedhar John, Indo-Pakistan Relations: a Documentary study (New Delhi, 1993) pp. 218-19. 52 Akhtar, S. (2011). Quest for Re-Interpreting The Indus Waters Treaty: Pakistan's Dilemma. Margalla Papers 2011 – Special Edition , 15-46. 53 Qureshi, A. S. (2011). Water Management in the Indus Basin in Pakistan: Challenges and Opportunities. Mountain Research and Developmen , 31 (3), 252-260.

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