In response to
the growing opposition to large dams, the Commission on Dams (COD)
was established by the eIEN South Asia Western Himalaya Kashmir in
2005. The Commission came into existance from a variety of
backgrounds, representing a broad spectrum of interests – including
governments and non–governmental organisations, grassroots people's
movements and academicians .The world economy has reached a point
where it needed to manufacture needs and desires and raise the level
of construction activities so that the capitalist class could
continue accumulating capital; the system had reached a point where
the appetites of capitalists exceeded the demand.
INDUS WATER
TREATY
Introduction
The waters of the Indus Basin rivers had been used for irrigation
purposes even before the development of the present canal system by
British engineers in the early 19th century. There were numerous
inundation canals in the Indus Valley, which diverted supplies
directly from the rivers during the high flow periods, without any
diversion works across the riverbed. The local community, tribes, or
states managed these inundation canals. From the middle of the 19th
century onwards, irrigation was gradually extended through the
introduction of improved methods and the construction of diversion
works across the rivers.
The Treaty was signed at Karachi by Field Marshal Mohammad Ayub
Khan, the then President of Pakistan, Shri Jawaharlal Nehru, the
then Indian Prime Minister and Mr. W.A.B. Ill if of the World Bank
on 19th September, 1960. The Treaty however is effective from 1st
April, 1960.
A number of agreements for the sharing of river waters took place.
The most significant of these have been the Indus Basin Treaty
(1960) between India and Pakistan and the Water Apportionment Accord
(1991) between the four provinces of Pakistan. In August 1947, when
South Asia was divided into two independent countries, there existed
in the area, one of the most highly developed irrigation systems in
the world. The system catered to approximately 37 million acres of
land, supplying it with the waters of the Indus rivers. All
available water supplies were allocated to various princely States
and provinces, in conformity with the principle of equitable
apportionment of waters. The Indus System of Rivers in the Indus
Basin comprises of the Indus and its five main tributaries i.e.
Jhelum, Chenab, Ravi, Beas and Sutlej. They all combine into one
river near Mithan Kot in Pakistan and flow into the Arabian Sea,
south of Karachi. The total area of the Indus Basin is roughly
365,000 miles2. Most of it lies in Pakistan and the remaining is
part of occupied Jammu and Kashmir, India, China and Afghanistan. At
the time of Independence, 31 out 37 million acres in Pakistan were
irrigated. The boundary line between the two countries being
partitioned was drawn without any regard to the existing irrigation
works. It was, however, affirmed by the Boundary Commission.
Representatives of the affected zones expressly agreed before the
Arbitral Tribunal that the authorized zones in the common water
supply would continue to be respected.
The Rationale for The Indus Water Treaty
At the time of independence, the boundary line between the two newly
created independent countries i.e. Pakistan and India was drawn
right across the Indus Basin, leaving Pakistan as the lower
riparian. Moreover, two important irrigation head works, one at
Madhopur on Ravi River and the other at Ferozepur on Sutlej River,
on which the irrigation canal supplies in Punjab (Pakistan) had been
completely dependent, were left in the Indian territory. The water
dispute between Pakistan and India began when on April 01, 1948,
immediately after the winding up of the Arbitral Tribunal, India
stopped irrigation waters in every irrigation canal which crossed
the India-Pakistan boundary. This affected 1.6 million acres of
irrigated land in Pakistan. The abrupt act stressed the urgent need
for Pakistan to formulate an agreement between the two countries
regarding the future use and distribution of the combined waters.
Pre Treaty Negotiations
India demanded that Pakistan recognize that the proprietary rights
on the waters of the rivers in Indian Punjab were wholly vested in
the Indian government and that the Pakistani government could not
claim any share of those waters as a right for areas of Punjab in
Pakistan. Pakistan's claim was based upon the time honored formula
that existing uses were sacrosanct and excess water, not previously
committed, could be divided amongst the riparians according to area,
population etc. This principle had the support of several treaties,
nations or states and provisions in the same country. The Indian put
forward a principle, which had been advanced for some time during
international negotiations but had not been accepted anywhere. Under
this principle, the upper riparian had absolute right to the water
and the lower riparian could only get it under an agreement or
treaty, if the same were entered between the riparians. India agreed
to restore some of the supplies in May 1948, when a very pro- Indian
temporary agreement was signed. It was, however, generally realized
that Pakistan could not survive without a restoration of the full
supplies and on this question there could be no compromise. The
controversy was serious enough to provoke an imminent war between
the two countries. Direct negotiations between the two Parties
failed to resolve the dispute. Negotiations under the offices of the
World Bank commenced in May 1952. It was agreed to work out specific
engineering measures by which the supplies effectively available to
each country would be increased substantially. The working party set
up under the offices of the World Bank however failed to agree on a
comprehensive plan for the utilization of the waters of the Indus
River System. After eight years of intense negotiation, agreement
between the two parties was finally reached in the form of the Indus
Water Treaty in 1960.
Main constituents of the Treaty
A dispute thus arose between two countries regarding the utilization
of irrigation water from existing facilities. Negotiations held
under the good offices of International Bank for Reconstruction and
Development (World Bank), culminated in the signing of Indus Waters
Treaty. The Indus Water Treaty was signed at Karachi on September
19, 1960. It consists of 12 articles and 8 appendices, which are
titled as given below:
Contents of Treaty
Article I Definitions
Article II Provisions regarding Eastern Rivers
Article III Provisions regarding Western Rivers
Article IV Provisions regarding Easter Rivers and Western Rivers
Article V Financial Provisions
Article VI Exchange of Data
Article VII Future Cooperation
Article VIII Permanent Indus Commission
Article IX Settlement of Differences and Disputes
Article X Emergency Provisions
Article XI General Provisions
Article XII Final Provisions
Annexure A Exchange of Notes between Government of India and
Government of Pakistan
Annexure B Agricultural Use by Pakistan from certain tributaries of
the Ravi
Annexure C Agricultural Use by India from the Western Rivers
Annexure D Generation of Hydro-electric Power by India on the
Western Rivers
Annexure E Storage of Waters by India on Western Rivers
Annexure F Neutral Expert
Annexure G Court of Arbitration
Annexure H Transitional Arrangements
Salient Features of The Indus Water Treaty
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.
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.
Provisions regarding the Eastern and western Rivers:
(i) Pakistan shall use its best endeavors 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 use.
Post Treaty Views
From Pakistan’s point of view, the settlement plan, as envisaged
under the Indus Waters Treaty 1960, had some advantages as well as
certain defects.
Advantages of the settlement plan:
(i) After the completion of the Indus Basin Replacement Plan works
each country became independent of the other in the operation of its
supplies.
(ii) Each country is responsible for planning, constructing and
administering its own facilities in its own interests and free to
allocate its supplies within its own territories as it deems fit.
(iii) This provides strong incentives to each country to make the
most effective use of water, since any efficiency accomplished by
works undertaken by either country for storage, transfer, reduction
of losses and the like, accrues directly to the benefit of that
country. The same is true of efficiency achieved in operations.
(iv) The independence afforded by the program also brought a benefit
of a different kind. The location of works serving each country or
territories under its control, and the assurances against
interference by either country with the supplies on which the other
depends has reduced the chances of disputes and tension.
(v) Before the completion of Indus Basin Project works, after the
signing of the Treaty, the entire irrigation system in the Indus
Basin was based on run-of-the-river supplies. The hydrology of the
rivers is such that about 80% of the total water was produced during
the monsoon period – July to September – storage projects due to the
treaty also increased the canal water diversions.
(vi) The winter supplies became very critical in drought periods.
With supplies made available and the storage of water in the
Reservoirs, water availability in winter has been assured and so the
country is insignificantly affected in drought conditions. Besides
total withdrawals and canal heads in Pakistan has increased from
about 67 MAF to 104.5 MAF
Defects of the settlement plan:
(i) The traditional sailab (flood) irrigation, the most ancient way
of using river waters, on the Sutlej, Beas and Ravi would disappear,
because when these rivers are fully developed by India, the
traditional floods would decrease or disappear and the sailab areas
would not get seasonal water, which permitted cultivation. This area
is considerable in extent.
(i) Due to loss of regular flow in the Eastern Rivers, the channels
have become silt up and floods in the channels causes great havoc in
Pakistan, in addition to other environmental effects.
(ii) The up-keep of the new link canals and storages mean a very
heavy additional burden on the cost of maintaining irrigation.
Besides, storages are no substitute to the perpetual flow of water
as the storages have limited life.
Discussion and Post Treaty Works
Under the provisions of Article VIII(1) of the Indus Waters Treaty
1960, both India and Pakistan have appointed a Commissioner for
Indus Waters. Unless either Government decides to take up any
particular question directly with the other Government, each
Commissioner is the representative of his Government for all matters
arising out of the Treaty and serves as the regular channel of
communication on all matters relating to the implementation of the
Treaty. The two Commissioners together form the PERMANENT INDUS
COMMISSION whose purpose and functions are
(i) to establish and maintain cooperative arrangements for the
implementation of the Treaty, (ii) to promote cooperation between
the Parties in the development of the waters of the Rivers',
(iii) to make every effort to settle promptly any question arising
between the Parties and
(iv) to undertake tours of inspection of the Rivers to ascertain
facts.
Under the Treaty, restrictions have been placed on the design and
operation of Hydroelectric Plants, Storage Works and other river
works to be constructed by India on the Western Rivers. India is
required to supply Pakistan with certain specified information
relating to these works at least 6 months in advance of undertaking
the river works, to enable Pakistan to satisfy itself that the
design conforms to the criteria set out in the Treaty. Within a
specified period ranging from two to three months of the receipt,
Pakistan has the right to communicate its objections in writing to
India, if any. Under the Treaty, Pakistan was required to construct
and bring into operation a system of works, which could accomplish
the replacement of supplies for irrigation canals from the Western
Rivers in Pakistan. These included those canals that were dependent
on water supplies from the Eastern Rivers on 15th August 1947. These
replacement works, comprising two storage dams, six new barrages,
remodeling of two existing barrages, seven new inter-rivers link
canals and remodeling of two existing link canals, have since been
completed.
Changes in River Flow
River
Average Annual Flow
(1922-61) MAF
Average Annual Flow (1960-95) MAF
Indus
93.0
60.25
Jhelum
23.0
23.0
Chenab
26.0
25.7
Ravi
7.0
5.8
Sutlej
14.0
5.8
Kabul
26.0
22.3
Total
189.0
142.8
The average annual flow of
the Rivers of Indus System
eIEN South Asia
Western Himalaya Kashmir
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COD
eIEN South Asia
Western Himalaya Kashmir
In response to the growing opposition to large dams, the Commission on Dams (COD) was established by the eIEN South Asia Western Himalaya Kashmir in 2005. The Commission came into existance from a variety of backgrounds, representing a broad spectrum of interests – including governments and non–governmental organisations, grassroots people's movements and academicians .The world economy has reached a point where it needed to manufacture needs and desires and raise the level of construction activities so that the capitalist class could continue accumulating capital; the system had reached a point where the appetites of capitalists exceeded the demand.
INDUS WATER TREATY
Introduction
The waters of the Indus Basin rivers had been used for irrigation purposes even before the development of the present canal system by British engineers in the early 19th century. There were numerous inundation canals in the Indus Valley, which diverted supplies directly from the rivers during the high flow periods, without any diversion works across the riverbed. The local community, tribes, or states managed these inundation canals. From the middle of the 19th century onwards, irrigation was gradually extended through the introduction of improved methods and the construction of diversion works across the rivers.
The Treaty was signed at Karachi by Field Marshal Mohammad Ayub Khan, the then President of Pakistan, Shri Jawaharlal Nehru, the then Indian Prime Minister and Mr. W.A.B. Ill if of the World Bank on 19th September, 1960. The Treaty however is effective from 1st April, 1960.
A number of agreements for the sharing of river waters took place. The most significant of these have been the Indus Basin Treaty (1960) between India and Pakistan and the Water Apportionment Accord (1991) between the four provinces of Pakistan. In August 1947, when South Asia was divided into two independent countries, there existed in the area, one of the most highly developed irrigation systems in the world. The system catered to approximately 37 million acres of land, supplying it with the waters of the Indus rivers. All available water supplies were allocated to various princely States and provinces, in conformity with the principle of equitable apportionment of waters. The Indus System of Rivers in the Indus Basin comprises of the Indus and its five main tributaries i.e. Jhelum, Chenab, Ravi, Beas and Sutlej. They all combine into one river near Mithan Kot in Pakistan and flow into the Arabian Sea, south of Karachi. The total area of the Indus Basin is roughly 365,000 miles2. Most of it lies in Pakistan and the remaining is part of occupied Jammu and Kashmir, India, China and Afghanistan. At the time of Independence, 31 out 37 million acres in Pakistan were irrigated. The boundary line between the two countries being partitioned was drawn without any regard to the existing irrigation works. It was, however, affirmed by the Boundary Commission. Representatives of the affected zones expressly agreed before the Arbitral Tribunal that the authorized zones in the common water supply would continue to be respected.
The Rationale for The Indus Water Treaty
At the time of independence, the boundary line between the two newly created independent countries i.e. Pakistan and India was drawn right across the Indus Basin, leaving Pakistan as the lower riparian. Moreover, two important irrigation head works, one at Madhopur on Ravi River and the other at Ferozepur on Sutlej River, on which the irrigation canal supplies in Punjab (Pakistan) had been completely dependent, were left in the Indian territory. The water dispute between Pakistan and India began when on April 01, 1948, immediately after the winding up of the Arbitral Tribunal, India stopped irrigation waters in every irrigation canal which crossed the India-Pakistan boundary. This affected 1.6 million acres of irrigated land in Pakistan. The abrupt act stressed the urgent need for Pakistan to formulate an agreement between the two countries regarding the future use and distribution of the combined waters.
Pre Treaty Negotiations
India demanded that Pakistan recognize that the proprietary rights on the waters of the rivers in Indian Punjab were wholly vested in the Indian government and that the Pakistani government could not claim any share of those waters as a right for areas of Punjab in Pakistan. Pakistan's claim was based upon the time honored formula that existing uses were sacrosanct and excess water, not previously committed, could be divided amongst the riparians according to area, population etc. This principle had the support of several treaties, nations or states and provisions in the same country. The Indian put forward a principle, which had been advanced for some time during international negotiations but had not been accepted anywhere. Under this principle, the upper riparian had absolute right to the water and the lower riparian could only get it under an agreement or treaty, if the same were entered between the riparians. India agreed to restore some of the supplies in May 1948, when a very pro- Indian temporary agreement was signed. It was, however, generally realized that Pakistan could not survive without a restoration of the full supplies and on this question there could be no compromise. The controversy was serious enough to provoke an imminent war between the two countries. Direct negotiations between the two Parties failed to resolve the dispute. Negotiations under the offices of the World Bank commenced in May 1952. It was agreed to work out specific engineering measures by which the supplies effectively available to each country would be increased substantially. The working party set up under the offices of the World Bank however failed to agree on a comprehensive plan for the utilization of the waters of the Indus River System. After eight years of intense negotiation, agreement between the two parties was finally reached in the form of the Indus Water Treaty in 1960.
Main constituents of the Treaty
A dispute thus arose between two countries regarding the utilization of irrigation water from existing facilities. Negotiations held under the good offices of International Bank for Reconstruction and Development (World Bank), culminated in the signing of Indus Waters Treaty. The Indus Water Treaty was signed at Karachi on September 19, 1960. It consists of 12 articles and 8 appendices, which are titled as given below:
Contents of Treaty
Article I Definitions
Article II Provisions regarding Eastern Rivers
Article III Provisions regarding Western Rivers
Article IV Provisions regarding Easter Rivers and Western Rivers
Article V Financial Provisions
Article VI Exchange of Data
Article VII Future Cooperation
Article VIII Permanent Indus Commission
Article IX Settlement of Differences and Disputes
Article X Emergency Provisions
Article XI General Provisions
Article XII Final Provisions
Annexure A Exchange of Notes between Government of India and Government of Pakistan
Annexure B Agricultural Use by Pakistan from certain tributaries of the Ravi
Annexure C Agricultural Use by India from the Western Rivers
Annexure D Generation of Hydro-electric Power by India on the Western Rivers
Annexure E Storage of Waters by India on Western Rivers
Annexure F Neutral Expert
Annexure G Court of Arbitration
Annexure H Transitional Arrangements
Salient Features of The Indus Water Treaty
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.
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.
Provisions regarding the Eastern and western Rivers:
(i) Pakistan shall use its best endeavors 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 use.
Post Treaty Views
From Pakistan’s point of view, the settlement plan, as envisaged under the Indus Waters Treaty 1960, had some advantages as well as certain defects.
Advantages of the settlement plan:
(i) After the completion of the Indus Basin Replacement Plan works each country became independent of the other in the operation of its supplies.
(ii) Each country is responsible for planning, constructing and administering its own facilities in its own interests and free to allocate its supplies within its own territories as it deems fit.
(iii) This provides strong incentives to each country to make the most effective use of water, since any efficiency accomplished by works undertaken by either country for storage, transfer, reduction of losses and the like, accrues directly to the benefit of that country. The same is true of efficiency achieved in operations.
(iv) The independence afforded by the program also brought a benefit of a different kind. The location of works serving each country or territories under its control, and the assurances against interference by either country with the supplies on which the other depends has reduced the chances of disputes and tension.
(v) Before the completion of Indus Basin Project works, after the signing of the Treaty, the entire irrigation system in the Indus Basin was based on run-of-the-river supplies. The hydrology of the rivers is such that about 80% of the total water was produced during the monsoon period – July to September – storage projects due to the treaty also increased the canal water diversions.
(vi) The winter supplies became very critical in drought periods. With supplies made available and the storage of water in the Reservoirs, water availability in winter has been assured and so the country is insignificantly affected in drought conditions. Besides total withdrawals and canal heads in Pakistan has increased from about 67 MAF to 104.5 MAF
Defects of the settlement plan:
(i) The traditional sailab (flood) irrigation, the most ancient way of using river waters, on the Sutlej, Beas and Ravi would disappear, because when these rivers are fully developed by India, the traditional floods would decrease or disappear and the sailab areas would not get seasonal water, which permitted cultivation. This area is considerable in extent.
(i) Due to loss of regular flow in the Eastern Rivers, the channels have become silt up and floods in the channels causes great havoc in Pakistan, in addition to other environmental effects.
(ii) The up-keep of the new link canals and storages mean a very heavy additional burden on the cost of maintaining irrigation. Besides, storages are no substitute to the perpetual flow of water as the storages have limited life.
Discussion and Post Treaty Works
Under the provisions of Article VIII(1) of the Indus Waters Treaty 1960, both India and Pakistan have appointed a Commissioner for Indus Waters. Unless either Government decides to take up any particular question directly with the other Government, each Commissioner is the representative of his Government for all matters arising out of the Treaty and serves as the regular channel of communication on all matters relating to the implementation of the Treaty. The two Commissioners together form the PERMANENT INDUS COMMISSION whose purpose and functions are
(i) to establish and maintain cooperative arrangements for the implementation of the Treaty, (ii) to promote cooperation between the Parties in the development of the waters of the Rivers',
(iii) to make every effort to settle promptly any question arising between the Parties and
(iv) to undertake tours of inspection of the Rivers to ascertain facts.
Under the Treaty, restrictions have been placed on the design and operation of Hydroelectric Plants, Storage Works and other river works to be constructed by India on the Western Rivers. India is required to supply Pakistan with certain specified information relating to these works at least 6 months in advance of undertaking the river works, to enable Pakistan to satisfy itself that the design conforms to the criteria set out in the Treaty. Within a specified period ranging from two to three months of the receipt, Pakistan has the right to communicate its objections in writing to India, if any. Under the Treaty, Pakistan was required to construct and bring into operation a system of works, which could accomplish the replacement of supplies for irrigation canals from the Western Rivers in Pakistan. These included those canals that were dependent on water supplies from the Eastern Rivers on 15th August 1947. These replacement works, comprising two storage dams, six new barrages, remodeling of two existing barrages, seven new inter-rivers link canals and remodeling of two existing link canals, have since been completed.
Changes in River Flow
River
Average Annual Flow (1922-61) MAF
Average Annual Flow (1960-95) MAF
Indus
93.0
60.25
Jhelum
23.0
23.0
Chenab
26.0
25.7
Ravi
7.0
5.8
Sutlej
14.0
5.8
Kabul
26.0
22.3
Total
189.0
142.8
The average annual flow of the Rivers of Indus System