Ebb and flow

It is rare to see India and Pakistan amicably resolving their disputes, but the three-day meeting of the Permanent Indus Water Commission last week stood out for its success in addressing some contentious issues about the the flow of water from India to Pakistan.

The complaints were from Pakistan and most of them were resolved to the satisfaction of both sides. The disputes which were resolved related to India’s Baglihar dam and the Uri-II and Chutak projects. Pakistan had lost its case over Baglihar in the World Bank, which is the adjudicating authority under the Indus Water Treaty of 1960, when the bank’s neutral authority upheld the Indian position. After that no substantial issue of dispute remained. The Indian designs of Uri-II and Chutak projects were accepted by Pakistan after explanations from the Indian side. What remained unresolved on the agenda was the difference over the design of the Nomoo Bazgo project on the Indus in Leh. If the trend of talks is an indication, it can be resolved at the meeting to be held later this month or next month.

The Indus Water Treaty has provided a good basis for resolving disputes between the two countries. Though questions have been raised about the rationale of allocating rivers instead of water between the countries, the treaty has stood the test of time till now. Under it the three west-flowing rivers — Indus, Chenab and Jhelum —  were allocated to Pakistan and the three east-flowing rivers — Ravi, Beas and Sutluj — were allocated to India. There is a view in India that New Delhi should demand a review of the treaty as it does not take into consideration the quantum of water  flow or the requirements of the command areas. But this does not seem to be possible and even necessary, and might only add to acrimony.

The main water dispute which needs to be resolved is the one over Kishanganga. Pakistan has objected to this power project on the Jhelum in the Jammu region on the argument that the power plant will obstruct the flow of water to that country. The argument is not tenable after India changed the original design and made it a run-of the river project. It is possible that there may be adjudication on the dispute as in the case of the Baglihar dam. A bilateral resolution is the best way, though the Indus Water Commission feels that the dispute is not within its jurisdiction.