Kishenganga, Ratle hydropower projects: Pakistan, India face off at The Hague today

ISLAMABAD: Pakistan and India are set to face off tomorrow at the Neutral Expert Forum in The Hague over the designs of the Kishenganga and Ratle Hydropower projects.

The two-day proceedings, scheduled for September 10-11 (today and tomorrow) will address the diplomatic tensions surrounding the projects, particularly the impact of the Kishanganga Hydroelectricity Project on downstream water availability in Pakistan. The Kishanganga Hydroelectric Power Project has also been a point of contention between India and Pakistan.

Pakistan’s delegation is headed by Syed Ali Murtaza, Federal Secretary of the Ministry of Water Resources comprising Mr. Syed Muhammad Mehr Ali Shah, Pakistan Commissioner for Indus Waters, top officials of Attorney General Office and Law Division, NESPAK along with the international team of lawyers hired by the government of Pakistan have reached The Hague.”

Both the international forums — the Permanent Court of Arbitration (PCA) and the Neutral Expert (NE) are listening to the 330 MW Kishnganga and 850 MW Ratle hydropower projects that India is building on Pakistan’s rivers — Jhelum and Chenab, but India wants Neutral Expert should decide the case. Pakistan wants the Permanent Court of Arbitration to decide the case. However, the World Bank had formed a Permanent Court of Arbitration (PCA) and Neutral Expert (NE) to decide. Pakistan is attending both forums, but India continues to boycott the Permanent Court of Arbitration.

In July 2023, the Permanent Court of Arbitration rejected India’s six objections including the jurisdiction of the Court of Arbitration to listen to the case. It declared that the court is competent to consider and determine the disputes outlined in Pakistan’s Request for Arbitration. And it reserves for further consideration and directions all issues not decided in this award. However, during the latest proceedings in July 2024 by the Permanent Court of Arbitration, Pakistan requested the PCA to address the interpretation and application of the Indus Waters Treaty to certain design elements of Indian run-of-river hydroelectric projects. The NE earlier met on February 27-28, 2023 to finalise the rules of procedures on how to advance the legal fight on the designs of both projects.

Pakistan has raised three objections to the Kishanganga project’s design saying that the project’s pondage of 7.5 million cubic meters is excessive and it should be one million cubic meters. Pakistan also wants India to raise intake by up to 1-4 meters and also raise the spillways to nine meters high. On the issue of the Ratle Hydropower plant, Islamabad raised four objections. Pakistan wants India to maintain the freeboard at one meter whereas India wants to keep it at two meters. In addition, India wants to keep the pondage of 24 million cubic meters but Pakistan wants it to be restricted to eight million cubic meters. Pakistan also wants the intake of the project should be raised by up to 8.8 meters and its spillways should be raised by up to 20 meters.

The 850MW Ratle Hydropower project, if constructed under its existing objectionable design, will reduce a sizeable the water flow of the Chenab River at Head Marala, which will be detrimental to the irrigation in central Punjab of Pakistan.