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Prospects and Problems of Nepalese Water Resources

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Prospects and Problems of Nepalese Water Resources 180 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 181 Babai rivers originate in the midlands or Mahabharat range of mountains and are fed by precipitation as well as by ground Chapter- Four water regeneration. These rivers are also perennial but are characterised by a wide seasonal fluctuation in discharge. Apart Prospects and Problems of from these river systems, there are large numbers of small Nepalese Water Resources rivers in the Terai, which originate from the Southern Siwalik range of hills, and are seasonal with little flow during the dry season, but are characterised by flash floods during the 4.1 Introduction monsoon. Most of the rivers originate from the Himalayan range within Nepal, while some originate from the Tibetan Nepal is a landlocked country surrounded on the south, east and Plateau; all these rivers drain southwards to the Ganges4 in west by India and on the north side by Tibet (a region of Northern India and ultimately into the Bay of Bengal. The China), and comprising an area of 147,181 square kilometres. Mechi and Mahakali rivers form the eastern and western The country has three broad ecological zones consisting of 43% boundaries with India and the other rivers flow to India, being mountains, 30% hills and 27% plains.1 Her population is 25 transboundary in nature. The total average annual runoff into million, of whom 85% live in rural areas and 42% live below Nepal's rivers is estimated to be 200,000 million cubic metres the extreme poverty line. The Nepalese economy is based on originating from areas within the country; the catchment areas agriculture: about 90% of the people’s occupations depend on from Nepal alone make up about 45% of the long-term average it, and agriculture is largely rain-fed, due to the rugged, harsh annual flow of the Ganges basin and contribute over 70% of the and steep hills; only one sixth of the total land area is suitable Ganges flow during the driest months.5 for cultivation, of which about 41% is irrigated.2 With regard to climate, Nepal lies just beyond the northern There are about 6000 rivers and rivulets in Nepal, having a total limit of the tropic. There is a very wide range of climate, from drainage area of 194,471 square kilometres, 45.7% of which the summer tropical heat and humidity of the Terai to the colder lies in Nepal. There are 33 rivers whose drainage area exceeds dry continental climate in the middle, and the alpine winter 1000 sq km. Rivers in Nepal can be typically classified in three climate throughout the northern mountainous region. The types depending on their discharge. The Kosi, Gandaki, Karnali amount of precipitation and the temperature range vary and Mahakali river systems originate in the Himalayas and considerably because of the exceptionally rugged terrain, and carry snow-fed flows with significant discharge even in the dry large variations in altitude.6 Nepal has two rainy seasons: one season.3 The Mechi, Karnali, Kamala, Bagmati, West Rapti and from June to September when the south-west monsoon brings about 80% of the total annual rainfall, and the other in winter, accounting for the rest of the rainfall. About 64% of the rainfall 1 S. N. Bastola, Water Resources Development of Mighty Himalayan Rivers, Kathmandu: Sunil Bastola, 1994, p. 61. 2 His Majesty's Government, Water and Energy Commission Secretariat, 4 P. Shumsher J. B .Rana, “Nepal-India Relations: Water Resources” in (HMG/N-WECS) Water Resources Strategy Nepal, Kathmandu, L. R. Baral (ed), Looking to the Future: Indo-Nepal Relations in WECS, (2002), p. 14. Perspective, New Delhi: Anamol Pub., 1996, pp. 206-212. 3 Ministry of Water Resources, HMG/N (MOWR), Waters Resources 5 Ibid. Development in Nepal, Kathmandu: 1985, p. 1. 6 Supra note 2. 182 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 183 immediately becomes surface runoff; out of the remaining 36%, access to safe water, and only 42% of the net calculated land some is retained in the form of snow and ice in the high has been irrigated so far.11 Himalayas, while some percolates through the ground as snow and groundwater, and some is lost by evaporation and This chapter aims to discuss and analyse the abundance of the transpiration. The water retained in the form of snow feeds the water resources in Nepal, their significance for the country’s rivers during the dry season.7 socio-economic development, and associated legal issues from the perspective of IWL. Furthermore, issues inextricably The available hydrological data reveals the estimated annual intertwined with the transboundary freshwater resources, runoff into the rivers of Nepal to be 220 billion cubic metres, (ranging across hydrological, geographical, political, socio- with the average annual precipitation being 1530 mm per year.8 economic, and technical fields) will also be dealt with in the The influence of heavy rain during the monsoon causes wide light of existing legal principles and practices. The issues of fluctuations in river flow, land erosion and landslides, which is bilateral Indo-Nepal co-operation and of regional cooperation aggravated by the extreme topographic relief and fragile with Bangladesh and Bhutan will also be covered, with a focus geological construction of the country. These factors cause the on water resource issues. These issues will be critically rivers to carry high sediment loads during high flows. analysed in the light of the previous chapter’s discussion of Moreover, the snow and glacier melt also brings heavy loads of equity sediment during summer months, which is considered an important factor determining the extent of water-related hazards 4.2 Potential for Nepalese Watercourses 9 in the downstream territory. Nepal is endowed with immense water resource’s potential, Nepal possesses energy in the form of hydropower and which, if utilised properly would be a boon both for herself and firewood; no other energy resources have been discovered in for countries further downstream. The benefits could be applied significant quantities (e.g. coal, oil, gas). Hydropower offers to several spheres, namely hydropower generation, the huge potential, but so far only 20% of the population have extension of irrigation facilities, and particularly navigation, access to electricity. Several studies suggest that Nepal which is crucial for the landlocked countries of Nepal and theoretically has 83000 MW of hydropower potential, more Bhutan and the north-eastern states of India, which could than the combined total produced by the United States, Canada access the sea via Bangladeshi territory. Moreover, flood and Mexico, of which about 43000 MW is presently considered control, industrial, recreational and other benefits are 10 economically viable to harness. Despite the abundance of possible.12 However, the reality is that in order to gain water resources, only about one third of the population has got maximum benefits, such transboundary resources should be developed in a holistic and integrated manner ignoring national barriers. This is because, due to the nature of these rivers and of 7 Ibid. 8 C.K. Sharma, A Treatise on Water Resources of Nepal, Kathmandu: the geography of the area, the optimum site for the barrage (a Sangita Sharma, 1999, p. 33. 9 C. P. Sinha, "Sediment Management; A Co-operative Indo-Nepal 11 Supra note 2. pp. 13-14. Ventures" (1994) in 4 Water Nepal, pp. 158-163. 12 B. Crow, A. Lindquist & D. Wilson, Sharing the Ganges: The Politics 10 S. P. Subedi, “Hydro-Diplomacy in South Asia: The Conclusion of the and Technology of River Development, New Delhi: Saga Pub., 1995, Mahakali and Ganges River Treaties” (1999) in 93 AJIL, p. 954. pp. 218-237. 184 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 185 structure for storing water) might be in one state (e.g. Nepal), national interest at the cost of those of other states, and to the benefits could be accrued in other states (e.g. India and attempt to maximise their own advantage whilst ignoring the Bangladesh), and such benefits could be shared by yet more needs of others. Weak and vulnerable states are always the states.13 The principle of equity can dictate how this may be losers, because of their lesser capability in the diplomatic, properly resolved. strategic, economic and other spheres. Good examples are the construction of the Farakka Barrage by India, the Aswan Dam It has been proved in several parts of the world that basin-wide by Egypt and the Three Gorges Dam currently underway in development of water resources could provide immense China;18 all of these projects are obviously against the letter and benefits to all riparian nations/states, e.g. the Tennessee Valley spirit of IWL. No state or organisation was actually able to stop Authority (USA), the Damodar Valley Corporation (India), the this kind of illegal construction. At the same time weaker Amazon (Latin America), the Columbia (USA-Canada), the nations, such as Nepal, Bangladesh and Ethiopia, are prohibited Mekong (four states of southeast Asia), and likewise many from enjoying equitable utilisation of their own resources due other IWC’s in various locations. This is so not only for to the complications of IWL, a problem which will be analysed technical reasons, below. As to the relationship that India has had with Nepal and however, but also for a multiplicity of socio-economic, legal, with Bangladesh
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