Indus Waters Treaty

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The Indus Waters Treaty (IWT) is a water-distribution treaty between India and Pakistan, arranged and negotiated by the World Bank, to use the water available in the Indus River and its tributaries. It was signed in Karachi on 19 September 1960 by Indian Prime Minister Jawaharlal Nehru and Pakistani president Ayub Khan.

The Treaty gives control over the waters of the three "eastern rivers" — the Beas, Ravi and Sutlej with a mean annual flow of 33 million acre-feet (MAF) — to India, while control over the waters of the three "western rivers" — the Indus, Chenab and Jhelum with a mean annual flow of 80 MAF — to Pakistan. India has about 20% of the total water carried by the Indus system while Pakistan has 80%. The treaty allows India to use the western river waters for limited irrigation use and unlimited non-consumptive use for such applications as power generation, navigation, floating of property, fish culture, etc.

Treaty provisions

The Indus system of rivers comprises three western rivers — the Indus, the Jhelum and Chenab — and three eastern rivers — the Sutlej, the Beas and the Ravi.

According to this treaty, the eastern rivers are allocated for exclusive water use by India after the permitted water uses in Pakistan before they cross finally into Pakistan. Similarly, Pakistan has an exclusive water use of the western rivers after the permitted water uses in India. Article IV (14) of IWT states that any water use developed out of the underutilized waters of another country, will not acquire water use rights due to a lapse of time.

Both countries agreed in the treaty to exchange data and co-operate in the optimum use of water from the Indus system of rivers. For this purpose, the treaty creates the Permanent Indus Commission, with a commissioner appointed by each country.

The commission is required to meet at least once in a year to discuss potential disputes as well as cooperative arrangements for the development of the Indus system of rivers. Per article VIII (8), both commissioners together shall submit an annual report to both countries on its works.

Either party must notify the other of plans to construct any engineering works which would affect the other party and to provide data about such works. The annual inspections and exchange of data continue, unperturbed by tensions on the subcontinent.

Salal dam was constructed after entering mutual agreement by both countries.

Tulbul Project is pending for clearance for decades even after protracted discussions between India and Pakistan.

 In cases of dispute or disagreement, Permanent Court of Arbitration (PCA) or a neutral technical expert respectively is called in for arbitration.

Technical expert's ruling was followed for clearing the Baglihar power plant and PCA verdict was followed for clearing the Kishanganga Hydroelectric Plant. Pakistan is claiming violation of the treaty regarding 850 MW Ratle Hydroelectric Plant.

Baglihar Dam (Hindi: Baglihār Bāndh), also known as Baglihar Hydroelectric Power Project, is a run-of-the-river power project on the Chenab River in the Ramban district of Jammu and Kashmir, India. The first power project executed by the Jammu and Kashmir Power Development Corporation, it was conceived in 1992 and approved in 1996, with construction begun in 1999. The project was estimated to cost US$1 billion. The project consists of two-stage of 450MW each. The first stage of the project was completed in 2008-09 and was dedicated to the nation by the Prime Minister Manmohan Singh of India. The second stage of the project was completed in 2015–16, and was subsequently dedicated to the nation by the Prime Minister Narendra Modi of India.

The Kishanganga Hydroelectric Project is a run-of-the-river hydroelectric scheme in Jammu and Kashmir, India. Its dam diverts water from the Kishanganga River to a power plant in the Jhelum River basin. It is located near Dharmahama Village, 5 km (3 mi) north of Bandipore in the Kashmir valley and has an installed capacity of 330 MW.

Construction on the project began in 2007 and was expected to be complete in 2016. It was halted in 2011 due to a dispute with Pakistan under the Indus Water Treaty, which went to a court of arbitration. In December 2013, the Court ruled that India could divert water for power generation while ensuring a minimum flow of 9 cumecs (m3/s) downstream to Pakistan.

All three units of 110 MW each were commissioned and synchronized with the electricity grid by 30 March 2018. On 19 May 2018, Indian Prime Minister Narendra Modi inaugurated the project.

The Ratle Hydroelectric Plant is a run-of-the-river hydroelectric power station currently under construction on the Chenab River, downstream of the village near Drabshalla in Kishtwar district of the Indian Union Territory of Jammu and Kashmir. The project includes a 133 m (436 ft) tall gravity dam and two power stations adjacent to one another. Water from the dam will be diverted through four intake tunnels about 400 m (0.25 mi) southwest to the power stations. The main power station will contain four 205 MW Francis turbines and the auxiliary power station will contain one 30 MW Francis turbine. The installed capacity of both power stations will be 850 MW. On 25 June 2013, Prime Minister Manmohan Singh laid the foundation stone for the dam. Pakistan has frequently alleged that it violates the Indus Water Treaty.

Indus Water Treaty and Jammu and Kashmir

The water allocations made to the Jammu and Kashmir state of India are meager to meet its irrigation water requirements whereas the treaty permitted enough water to irrigate Indus river basin of Pakistan. The storage capacity permitted by the treaty for hydropower generation is less than the total annual silt that would accumulate in the reservoirs if the total hydro potential of the state was to be exploited fully. Pakistan is also losing additional benefits by not permitting moderate water storage in upstream J&K state whose water would be ultimately released to Pakistan for its use and avoid few dams requirement in its territory. Ultimately, J&K state is bound to resort to costly de-silting of its reservoirs to keep them operational.

Mega Dams Pakistan is planning to build are located in highly active seismic zone. In case of any dam break, downstream areas in Pakistan as well as Kutch region in India would face unprecedented water deluge or submergence as these dams are located in highly active seismic zones.

In 2003 J&K state assembly passed a unanimous resolution for the abrogation of the treaty and again in June 2016, the Jammu and Kashmir assembly demanded for revision of the Indus Water Treaty. The legislators feel that the treaty trampled upon the rights of the people and treats the state of Jammu and Kashmir as a non-entity.

However, India derives military advantage out of IWT as its scope is confined to the Indus system of rivers (both eastern and western rivers) basin area located in India and also in Ravi and Sutlej basins located in Pakistan per Articles II(1 to 4) and III(2 to 3) and the IWT deals only with the sharing of water available/flowing in Indian part between Pakistan and India. As per the IWT, Pakistan bombing / destroying dams, barrages, power stations, etc. located in Indian part of the Indus system of rivers is violation of the IWT which can lead to abrogation of IWT.

Treaty under scrutiny

Pakistan raised concerns with World Bank regarding India's new dam project on the Chenab River, saying that it is not in conformity with the Indus Water Treaty (IWT) and argued that India could use these reservoirs to create artificial water shortage or flooding in Pakistan.

During the 2022 Pakistan Floods, India released more than 170,000 cusecs of water from the Ujh Barrage In mid-August, a tributary of the Ravi River. Previously during the same season, water was released into the Chenab River. Pakistan alleges these actions by India escalated flood situation in Pakistan.

India alleges that Pakistan constructed the Left Bank Outfall Drain (LBOD) project between 1987 to 1997 with the assistance from World Bank.  In violation of IWT Article IV(10), the LBOD's purpose is to bypass the saline and polluted water flowing in to the Indus delta of Pakistan and diverted to reach the sea via the Rann of Kutch area. Water released by the LBOD enhances the flooding in India and contaminates the quality of water bodies which are a source of water to salt farms spread over a vast area.

2016 Uri Attack

In the aftermath of the 2016 Uri attack, India decided to restart the Tulbul Project on the Jhelum River in the Kashmir Valley, which was previously suspended in response to Pakistan's objections.

Complete utilization efforts by India

As of 2019, India utilizing 31 MAF of its share, and nearly 7.5 MAF of India's unutilised share flows to downstream Pakistan territory from Ravi and Sutlej rivers. India is undertaking three projects to utilize its full share of the eastern rivers, (a) Shahpurkandi dam project on the Ravi River (b) the second Ravi-Beas link in Punjab and (c) the Ujh Dam project on Ujh River in Jammu and Kashmir. This water will be used by Punjab along with northern hill states.

https://en.wikipedia.org/wiki/Indus_Waters_Treaty

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