Indus Water Treaty

Context:

The World Bank appointed the Neutral Expert NE Michel Lino to announce his competence for adjudicating differences between India and Pakistan about the design of hydroelectric projects on Indus system rivers.

Indus Water Treaty

• Signed
  • September 19, 1960 between India and Pakistan brokered by the World Bank.
• Purpose
  • The treaty aims to provide a framework for cooperation and information exchange between India and Pakistan regarding the use of the water from the Indus River and its five tributaries Sutlej, Beas, Ravi, Jhelum and Chenab.

Key Provisions

• Water Sharing
  • The treaty divides the water of the six rivers in the Indus River System between the two countries.
• Pakistans Share
  • The three western rivers Indus Chenab and Jhelum are allocated to Pakistan for unrestricted use with some exceptions for India’s non consumptive agricultural and domestic needs.
• Indias Share
  • The three eastern rivers Ravi Beas and Sutlej are allocated to India for unrestricted use.
• Water Distribution
  • The river water is divided into 80 to Pakistan and 20 to India.

Permanent Indus Commission

Both countries establish a commission that is required to meet every year for cooperation and resolve any water disputes.

• Dispute Resolution Mechanism: A threestep process in case of a water dispute
  • Permanent Indus Commission
    • For initial resolution.
  • Neutral Expert NE
    • If the issue remains unresolved it can be referred to a World Bank appointed NE.
  • Court of Arbitration
    • If necessary disputes can be appealed to a World Bank established Court of Arbitration.

Projects Inspected Under IWT

• Pakal Dul and Lower Kalnai
  • Hydro Electric projects on the Chenab River with concerns raised by Pakistan regarding water flow impacts.
• Kishanganga Hydroelectric Project
  • Located in Jammu and Kashmir Pakistan raised concerns over the diversion of the Kishanganga River but The Hagues Permanent Court of Arbitration ruled in favor of India in 2013 with specific conditions.
• Ratle Hydroelectric Project
  • Another run of the river hydroelectric power station on the Chenab River in Jammu and Kashmir.

Indus River and Its Tributaries

• Source
  • The Indus River originates in Tibet near Mansarovar Lake and flows through India and Pakistan serving a basin that supports about 200 million people.
• Course and Tributaries
  • The Indus enters India through Ladakh and flows through Jammu and Kashmir before entering Pakistan‘s Gilgit Baltistan region.
  • Major left bank tributaries include the Zaskar Suru Soan Jhelum Chenab Ravi Beas Satluj and Panjnad rivers.
  • Major right bank tributaries include Shyok Gilgit Hunza Swat Kunnar Kurram Gomal and Kabul rivers.
• The Indus River empties into the Arabian Sea near Karachi in Pakistan.

River	Source	Joins
Jhelum	Spring at Verinag, Kashmir Valley	Chenab at Trimmu, Pakistan
Chenab	Chandra and Bhaga streams near Bara Lacha Pass	Satluj after receiving Jhelum and Ravi
Ravi	Kullu hills near Rohtang Pass	Chenab near Rangpur, Pakistan
Beas	Near Rohtang Pass	Satluj at Harike Barrage, India
Satluj	Manasarovar-Rakas Lakes, Tibet	Indus a few kilometers above Mithankot, Pakistan

Challenges to the IWT Framework

• Indias Position
  • Support for the NEs (Neutral Expert) Decision
    • India welcomed the NEs assertion of competence to resolve technical disputes under the IWT framework.
  • Demand for Renegotiation
    • Since January 2023 India has sought to revise the treaty citing evolving geopolitical and hydrological challenges. However Pakistan has not responded to India’s four formal requests for dialogue.
  • Rejection of Parallel Mechanisms
    • India opposes the simultaneous operation of the NE and the Court of Arbitration CoA claiming this is not permissible under the IWT.

• Pakistan’s Stance
  • Support for Dual Processes
    • Pakistan initiated proceedings before the Court of Arbitration in 2016 seeking resolution on hydroelectric project disputes.
  • Consistency with IWT
    • Pakistan maintains that its actions are within the treaty’s provisions even as India disputes this interpretation.

Key Disputes in Interpretation

• Dispute Resolution Sequence
  • Indias View
    • All disputes must first go through the Permanent Indus Commission PIC followed sequentially by the NE and then if unresolved by the CoA.
  • Pakistans View
    • Allows for simultaneous activation of dispute resolution mechanisms without exhausting each step.

• Next Steps
  • NEs Proceedings
    • The NE will review technical aspects of the Kishenganga and Ratle hydroelectric projects to determine compliance with treaty specifications.
  • Court of Arbitration
    • The CoA continues its deliberations despite India’s boycott.

Challenges

• India’s Demand for Revision
  • India’s push for treaty renegotiation stems from concerns about outdated provisions and its need for greater hydrological security.
• Geopolitical Implications
  • The unresolved disputes highlight ongoing tensions between India and Pakistan over water sharing and treaty interpretation.
• Lack of Dialogue
  • The absence of formal engagement through the Permanent Indus Commission PIC since May 2022 undermines the treaty’s collaborative mechanisms.

Way Forward

• Focus on Technical Dispute Resolution
  • Both countries should prioritize using the existing framework for resolving technical disputes regarding water usage and sharing.
• Transparency and Data Sharing
  • Sharing hydrological data can help both nations address mutual concerns and improve trust between the countries.
• Joint Basin Management
  • Given the challenges posed by climate change and population growth both India and Pakistan should consider joint management of the Indus basin for water conservation flood control and sustainable water usage.
• Political Commitment and Dialogue
  • Long term sustainable solutions depend on both governments willingness to engage in dialogue and cooperation rather than confrontation.