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BOOK REVIEW Reviewed by Jeewan P BOOK REVIEW Reviewed by Jeewan P. Thanju International Watercourse Law and A Perspective on Nepal-India Relation By Surya Nath Upadhaya Kathmandu, Nepal: Ekta Books, 435pp, Rs.650/- (US$ 35) his book is written by a prominent person with The author's point of view is that adherence to the T more than three decades of experiences and International Laws by India and Nepal will benefit both expertise in the sector of water resources. Nepal's water the countries, and as such there will not be any sense of resources have a very high potential to benefit the people cheating between them. of this region; which is not happening in practice. The Chapter 3: Laws on Procedures of Cooperation people of this region have a right to know, why the water in International Water Courses:- The following resources of Nepal have not been fully exploited - asserts points are covered in this Chapter: the author. The book tries to answer this query. The book 1. Obligation to Notify about Planned Measures; reviews the water relationship between Nepal and India 2. Obligation to Exchange Information; in the perspectives of International Law. The author has 3. Obligation to Consult and Negotiate in Good Faith; analyzed in detail the various aspects of the Kosi, Gandak 4. Issues Connected to Obligations to Exchange agreements and the Mahakali River Treaty between Information's in Good Faith; Nepal and India. In the considered opinion of the author, 5. Issues connected to Obligations to Exchange Nepal has failed miserably to benefit from Nepal-India Information, notify Planned Measures and bilateral agreements. Negotiate in Good Faith; The book has two parts: a) International law, and 6. Silence to Notifications and Reservation to Future b) Nepal-India Cooperation on water resources. The use; Appendices include Rules and Laws on International 7. The World Bank Policy on the Use of International Rivers/water courses, agreements on the Kosi, Gandak Water courses; and rivers and the Treaty on the Integrated Development of the 8. Benefit Sharing among the Watercourse States. Mahakali River. Chapter 4: Nepal's Water Resources:- The Chapter 1: Introduction:- In the first part there are author cites that the 138.5 Billion m3 of water storage two Chapters, Chapters 2 and 3. behind high dams in Nepal will be vital to India for irrigating its land in the light of increased population, Chapter 2: International Water Law:- It deals climate uncertainty, and transfer of water in deficit with the various laws on the international rivers/water states. Climate change will decrease the water flows courses. It explains the Helsinki Rules on the uses of considerably. Further, the acute shortage of electricity Water of International Rivers, and Convention of the Non- in India's Northern Grid can be alleviated to a great navigational Uses of International Water Courses. India has extent from the high value peaking hydropower from the not signed this convention. Further, it is not yet adopted storage projects in Nepal. by the UN due to lack of sufficient number of signatories. Nepal's interest should be to have rightful access to Though, India has not signed the Convention, it has a the sea through water transports via the Ganges through moral obligation to follow the laws. The basic feature of the water resources development of Nepal. the International Law on Watercourses is Equitable utilization within border, and No significant Chapter 5: Agreement on the Kosi Project:- It harm to other countries. The Author has described sheds light on how the lease period of 99 years was the Regional Convention regarding the international changed to 199 years that was bargained politically in watercourse in Africa, Americas, and Europe. Treaties the highest level. The benefits accrued to Nepal are dealing with the agreements between the USA and Canada, negligible compared to the benefits to India. Due to Bulgaria and Turkey, Lesotho and South Africa, Mekong poor monitoring by Nepal, it has not been able to get River Commission, Nile Water, Columbia River, The Indus the concessions that were agreed in the agreement. Basin, Bangladesh and India are discussed in detail. In For example, compensation has not been paid to the addition it gives the decisions of International or national land owners of 10,000 Bigha (6250 ha) even after 58 Courts or Tribunals on 15 cases of Disputes. It has given years have elapsed, the land tax has not been fully paid description of International Legal agencies in the sector. to the Government of Nepal for a long time, royalty The Indian Arbitral Awards are cited as good examples for for the hydropower sold in India (generated from the resolving disputes. project) has been neither asked by Nepal nor paid by HYDRO NEPAL ISSUE NO. 12 JANUARY, 2013 89 India. The breach of the Left Kosi Embankment in 2008 of the Negotiating Team with India on this Treaty; and created havoc and misery to millions of people in Nepal hence, the author had first hand information on the and India. It was the responsibility of the Government subject. The author has analyzed in detail all aspects of of India for the maintenance and safe operation of the the Treaty. It is a combined Treaty of the Sharada barrage, Kosi Barrage complex including the embankments. Tanakpur barrage, and the Pancheshwar Multipurpose And it was India's responsibility to rehabilitate the project (6480 MW). In Nepal, this treaty attracted many infrastructures and the people after the catastrophic street protests, political maneuvers, and was ultimately flood. However, the Government of Nepal had to repair ratified by the parliament with a two third vote. the road and conduct other rehabilitation works; and Like in other agreements, the agreed benefits are compensation was not demanded from India for the not extended to Nepal such as release of 10 cumecs of loss and suffering of the Nepalese people. water for Dodhara Chadani (Nepal's territory) by India; The book discusses about the proposed Kosi High India says that this provision is applicable only after Dam Project (KHDP) for which investigation is ongoing. completion of the Pancheshwar project, lowering the The author is concerned that the Nepalese counterparts higher sill level provided for release of water to Nepal in the Study Team are paid salary by India; and, hence, in the Tanakpur barrage has been put on limbo. The they will not be effectively working for the interest of water of the Mahakali River at the Pancheshwar dam Nepal and they may be the mere witness of the Study. site was apportioned to half to Nepal and half to No office has been established for the study of navigation India without prejudice to their respective existing and irrigation benefits in the Indian Territory. consumptive use of the waters of the Mahakali River. The author's view point on the KHDP is that India It is not clear about the meaning of this phrase. Is it the desperately needs it to be executed in earnest. For 50:50 for both countries so that it should not be less this Nepal should be adequately compensated and the than the existing consumptive use of each country; benefits generated by the regulated water downstream or the total existing consumptive use is deducted and should be evaluated and shared because about 100 sq the remaining water is 50:50 for the two countries. miles of Nepal land will be submerged, and hundreds Further, there is also a provision in the Exchange of of thousands of people will be displaced and need to be Letters that no party will claim the unutilized portion rehabilitated in Nepal. The author suggests striving to get of the Mahakali water. Many scholars interpret the the benefits as royalty similar to Lesotho getting benefits meaning of these two points as harmful to Nepal. from South Africa or Canada getting downstream However, the author seems confident of Nepal getting benefits of the Columbia River project between the a fair share. Further, there is a provision of the USA and Canada. Further, it will be in Nepal's interest avoided cost principle for determining the price of the to make provisions for ensuring a rightful way to gain exported electricity to India. Experts believe that the access to the sea through water transport. export price needs to be based on the peaking value of The author has not mentioned that the intention of the generated electricity from the storage project. the KHDP is to construct two very long canals; one of Sixteen years have passed, and the much anticipated them to link Mechi River in the east (Kosi - Mechi Link Detailed Project Report (DPR) said to be completed canal). Its DPR is already prepared by the state of Bihar within six months in the Treaty is far from completion. and approved by the Central Govt. of India. Another is There is never ending negotiation between the two the link to enter India near Birgunj of Nepal that will countries on this project. This project and also the Koshi gobble up very large farmland of Nepal's Terai which is High Dam project may receive much lip-service during the bread basket of the country. up-coming general election in India. Chapter 6: The Gandak Project Agreement :- The Chapter 8: Understanding India's Approach author perceives that the agreement was conceived, to the Development of Water Resources in the designed and implemented for fulfilling the requirement Region:- This is the most important chapter of this of India. Even small benefits allowed in the agreement are book. The basic Indian approach has been first to never honestly implemented, i.e. the agreed 850 cusecs of construct without consultation, and later negotiate if water for the Nepal Eastern Canal and agreed quantity of necessary.
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