The Indus Waters Treaty

Indus Waters Treaty

1.1 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. 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 in 1960. 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.

The Indus System of Rivers comprises three Eastern Rivers (the Sutlej, the Beas and the Ravi) and three Western Rivers (the Indus, the Jhelum and the Chenab).

The average annual flow of the Rivers of Indus System is as under:

Under the Treaty, the waters of the Eastern Rivers stand allocated to India and those of Western Rivers largely to Pakistan.

1.2 The Treaty

The Treaty fixed and delimited the rights and obligations of India and Pakistan in relation to each other, concerning the use of the waters of the Indus System of Rivers.

The Treaty comprises of a Preamble and following 12 Articles and 8 Annexures:

Of the above, Article V relates to contributions to be made by India towards the cost of replacement works to be constructed by Pakistan for drawing water from the Western Rivers in lieu of water supplies for irrigation canals in Pakistan which on 15th August, 1947 were dependent on water supplies from the Eastern Rivers. Since India has already made its contribution amounting to Pounds Sterling 62,060,000 to the World Bank, this Article is no more valid. Similarly, Annexure H relating to Transitional Period during which Pakistan was supposed to complete its replacement works besides receiving the waters of the Eastern Rivers in accordance with the provisions of the Annexure H, is no more valid as Transition period was only upto 31st March, 1970 or if extended, upto 31st March, 1973 only.

1.3 Agriculture use permitted to India from Western Rivers

Over and above 6.42 lakh acres being irrigated by India from the Western Rivers on the effective date i.e. 1.4.1960 and the permissible withdrawals from the Ranbir and Pratap Canals, India is entitled to irrigate additional irrigated cropped area (ICA) as per details given below:-

A restriction has however been put on India that until India can release water from the conservation storage as defined in Annexure E of the Treaty, the new areas developed by withdrawals from river flow shall not exceed the following:-

1.4 Storage Permitted to India on Western Rivers

In accordance with the Indus Waters Treaty, the aggregate storage capacity of all single purpose and Multi-purpose reservoirs which may be constructed by India after Effective Date shall not exceed the following:-

Provided that

1. the storage specified in Column (3) above may be used for any purpose whatever, including the generation of electric energy;
2. the storage specified in Column (4) above may also be put to Non-Consumptive Use (other than flood protection or flood control) or to Domestic Use;
3. India shall have the option to increase the Power Storage Capacity specified against item (d) above by making a reduction by an equal amount in the Power Storage Capacity specified against items (b) or (e) above.
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1.5 Permanent Indus Commission

Article VIII of the Indus Waters Treaty provides for constitution of Permanent Indus Commission. In accordance with the Treaty both India and Pakistan have each created a post of Commissioner for Indus Waters. The two Commissioners together constitute the Permanent Indus Commission whose purpose is to establish and maintain co-operative arrangements for the implementation of the Treaty, to promote co-operation between the Parties in the development of the waters of the Rivers and to settle promptly any question arising between the Parties. Unless either Government decides to take up any particular question directly with the other Government, each Commissioner will be representative of his Government for all matters arising out of the Treaty and will serve as a regular channel of communication in all matters relating to implementation of the Treaty.

The Commission is also required to undertake periodical inspection of the River for ascertaining the facts connected with the various developments and works on the Rivers. 99 visits have so far been undertaken, the last being in March, 2000.

The Commission has also to meet regularly at least once a year, alternately in India and Pakistan and to submit to the Govt. of India and Govt. of Pakistan, before the first of June of every year, a report on its works for the year ended on the preceding 31st March, and may submit to the two Governments other reports at such times as may be considered necessary. So far, 86 meetings of the Permanent Indus Commission have been held. The last meeting was held in Pakistan during May/June, 2001.

1.6 Data being supplied to Pakistan

In fulfillment of the obligations of Indus Waters Treaty, India has supplied the requisite data of 27 Hydel Projects including Small Plants, Run-of-River Plants and a Storage Work to Pakistan. Every month, the data with respect to the flows in and utilization of the waters of the rivers of Indus Basin are being exchanged. Also every year before 30th November, India furnishes to Pakistan the data of Irrigated Cropped Area (ICA) from the Western Rivers.

As per the provisions of the Indus Waters Treaty, flood flows of rivers the Ravi, the Sutlej, the Beas, the Jammu Tawi, the Chenab and the Jhelum are being transmitted to Pakistan through telegram since 1962. Broadcasting of flood flows of rivers the Ravi, the Jammu Tawi and the Chenab are also being done since 1974. Subsequently on the request of Pakistan, an agreement has been signed between the Commissioners for Indus Waters of India and Pakistan in 1989 to communicate the flood flows of rivers the Ravi and the Sutlej to Pakistan on telephone during the period 1^st July to 10^th October every year. A control room is operated round the clock in the Indus Wing for the above purpose. No cost is being charged to Pakistan for communication of flood flow even though the Treaty provides for the same. This is purely a gesture of goodwill from our country towards Pakistan. The agreement is however reviewed every year. However, from the year 2001, Pakistan has been asked to reimburse the cost of transmission of flood data as per actual and the matter is still under correspondence.

1.7 Achievements

On Eastern Rivers

With the completion of Bhakra Nangal and Beas Project and Indira Gandhi Canal Project (partially completed), India has been utilizing on an average about 37 BCM (30 MAF) of the waters of the Eastern Rivers allocated to it. The remaining waters will also be completely harnessed after commissioning of Thein Dam on river Ravi, remaining portion of Indira Gandhi Canal Project and Sutlej-Yamuna Link Canal which are under construction. Also against 11,219 MW hydro electric potential at 60% load factor on the Eastern Rivers, projects having 3,945 MW installed capacity have already been completed and projects having 4,144 MW installed capacity are in different stages of construction.

On Western Rivers

Since India has not built any Conservation Storage on Western Rivers, India can develop irrigation by withdrawals from river flow only within the restricted area of 2,70,000 acres over and above the area as on effective date. India could irrigate an area of 8,05,745 acres against permissible of 9,12,477 acres during the year 1999-2000 as per details given below:

Also against expected 8,769 MW of power at 60% load factor from Western Rivers, projects having installed capacity of about 1,348 MW have already been completed and projects having installed capacity of about 1,300 MW are in different stages of construction.

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