Indus Waters Treaty: India rejects Pakistan’s stance on Chenab River projects

LAHORE: The two-day parleys of the Permanent Indus Water Commission failed after India rejected Pakistan's stance to stop construction of its two water projects on Chenab River, leaving Islamabad to explore the third party option for resolving the issue.

The Indian delegation insisted that the engineering design of Pakal Dul Dam, being built on a Chenab River’s tributary, is in line with the provisions of the Indus Waters Treaty and there is no need to amend it as being demanded by Pakistan. India stubbornly claimed that there is no substance in Pakistan's case against the Pakal Dul Dam. “According to the treaty, we can build storage on the Western Rivers. Similarly, India also rejected Pakistan's reservations over the construction of Lower Kalnai Hydropower Project, adding the work on both the projects would continue,” they said. Pakistan’s delegation led by Mehar Ali Shah, Indus Water Commissioner failed to convince the Indian side that both the capacity of the reservoir of Pakal Dul Dam and the height of freeboard were against the parameters set under the Indus Waters Treaty.parameters set under the Indus Waters Treaty.

One of the most important projects from Pakistan point of view has been Pakal Dul Dam being built on River Chenab, which is under discussion at Indus Waters Commission level for last several years.

The Pakal Dul Dam assumes immense importance as far as Pakistan’s point of view is concerned. It will be the first water storage infrastructure project by India on the Western Rivers. “We made it clear to India that there should be no control on dead storage of dam and therefore spillway should be placed much higher than proposed level. But to no avail as India did not entertain Pakistan’s objections,” said sources.

In addition to Pakal Dul Dam, Pakistan also raised objection to the construction of Lower Kalnai Hydropower projects being constructed by India in violation of Indus Waters Treaty. Separately, Pakistan also expressed keenness to visit six sites for inspection during the talks. “We have not only sought data of these sites but also expressed our desire to visit these sites as soon as possible. It is learnt that India is also not allowing Pakistan to visit these sites on one pretext or the other,” the sources said.

Interestingly, Mehar Ali Shah did not face media after conclusion of the meeting on Thursday despite promising to do so. A source familiar with the negotiation process conceded that Shah had nothing to say in front of media as talk with Indian was a futile exercise. In fact, the sources added, it is Indian desire not to speak with media over water disputes, which Pakistan avidly fulfilled.

Keeping in view no headway in the talks, it is likely that Pakistan would be left with no option but to explore third party option for resolving pending issues. It is pertinent to mention here that Indian Prime Minister Narendra Modi laid the foundation stone of Pakal Dul Dam in May. Pakal Dul Dam is a reservoir-based scheme currently under construction on Marusudar River, the main right bank tributary of river Chenab in Kishtwar tehsil of Doda district in Occupied Kashmir. The power project envisages construction of a 167-metre high concrete face rock-fill dam and an underground powerhouse. Its full reservoir level has been projected at 1,700 meters.

It may be noted that the Indus Waters Treaty was signed in 1960 between India and Pakistan with the help of the World Bank, which is also a signatory. Seen as one of the most successful international treaties, it has survived frequent tensions, including conflict, and has provided a framework for irrigation and hydropower development for more than half a century.

According to a World Bank document, the Treaty sets out a mechanism for cooperation and information exchange between the two countries regarding their use of the rivers, known as the Permanent Indus Commission, which has a commissioner from each country.

The Treaty also sets forth distinct procedures to handle issues which may arise: “questions” are handled by the Commission; “differences” are to be resolved by a Neutral Expert; and “disputes” are to be referred to a seven-member arbitral tribunal called the “Court of Arbitration”.