Indus Water Treaty

Water from River Indus and its tributaries in the Indus River basin is the lifeline of people living there. However, there is a wide variation in the availability of water between various rivers of the basin and that is why from the late nineteenth century efforts were made to create an irrigation infrastructure in the forms of link canals and headworks to transfer water from surplus to deficient regions and rivers through an integrated canal system. However, this was essentially limited to Eastern Rivers, namely Ravi, Sutlej, and Beas, and benefited those areas which were along these Rivers and Canals. Gradually a fertile strip emerged along these canals. 

At the time of Partition water sharing between India and Pakistan could not be reached because of a peculiar situation wherein two of the major Headworks, namely Ferozpur and Madhopur Head Works, were in India, and the canal system was in Pakistan. After sustained negotiations, finally, water sharing in terms of river sharing could be achieved when the Indus Water Treaty (IWT) between India and Pakistan, brokered by the World Bank could was signed in 1960. Although both the countries felt that they were short-changed in the distribution of water-bearing assets, the Treaty has survived wars and hostilities between the two countries for over 58 years. In the aftermath of the Uri Terror Incident, the Government of India has decided to review the treaty.

 Indus River rises in the high mountains of Tibet (South-Western China), traverses through Tibet, India, and Pakistan including Pakistan Occupied Kashmir (PoK) and empties into the Arabian Sea, South of Karachi after traversing a distance of 3180 Km4. It is joined by the Dhar River near the Indo-China border. After entering Jammu & Kashmir (J&K) it flows between the Ladakh and the Zanskar Ranges. It flows through the regions of Ladakh and Gilgit-Baltistan. The average elevation at which the Indus flows through the J&K is about 4000 m above sea level. It is joined by the Zanskar River at Leh, near Skardu in PoK it is joined by the Shyok River. The Gilgit, Garstang, Dras, Tiger, and Hunza rivers are the other Himalayan tributaries of the Indus from the West.

Indus Water Treaty 1960:

At the time of independence, the boundary line between the two newly created independent countries i.e. Pakistan and India were drawn right across the Indus Basin, leaving Pakistan as the lower riparian. Moreover, two important irrigation head works, one at Madhopur on the Ravi River and the other at Ferozepur on the 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 the two countries regarding the utilization of irrigation water from existing facilities. Negotiations held under the good offices of the International Bank for Reconstruction and Development (World Bank), culminated in the signing of the 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. Illif of the World Bank on 19th September 1960. The Treaty however is effective from1st April 1960 (Effective Date).

Origin of the Indus Water Treaty:

The Indus waters Treaty was signed in 1960 after nine years of negotiations between India and Pakistan with the help of the World Bank, which is also a signatory. The negotiations were the initiative of former world bank president Eugene Black. 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. Former U.S. President Dwight Eisenhower described it as one bright spot in a very depressing world picture that we see so often.

The treaty allocates the Western Rivers (Indus, Jhelum, Chenab) to Pakistan and the Eastern Rivers (Ravi, Beas, Sutlej) to India. At the same time, the Treaty allows each country certain uses on the rivers allocated to the other.

How the Treaty Works:

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 that 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.” 

As a signatory to the Treaty, the World Bank’s role is limited and procedural. In particular, its role in “differences” and “disputes” is limited to the designation of individuals to fulfill certain roles in the context of Neutral Expert or Court of Arbitration proceedings when requested by either or both of the Parties.  

Present Developments on the Eastern rivers of the Indus Water Treaty:

To utilize the waters of the Eastern rivers which have been allocated to India for exclusive use, India has constructed the following dams:

• Bhakra Dam on Satluj
• Pong and Pandoh Dam on Beas and
• Thein on Ravi.

Other works like the Beas-Sutlej link, Madhopur-Beas link, and Indira Gandhi Nahar project have helped India utilize nearly the entire share of waters of Eastern rivers. However, about 2 million Acre of water annually from Ravi is reported to be still flowing unutilized to Pakistan below Madhopur.

To stop the flow of these waters that belong to India for its utilization in India, the following steps have been taken:

• Shahpurkandi project: This project will help in utilizing the waters coming out from the powerhouse of Thein dam for irrigation and power generation in J&K and Punjab. The construction work is being undertaken by the govt of Punjab under the monitoring of Govt of India.
• Construction of Ugh Multipurpose Project: This project will create storage of water on river Ujh, a tributary of Ravi for irrigation and power generation in India. This project is a national project whose completion period will be 6 years from the beginning of the implementation.
• The 2nd Ravi Beas link below Ujh: This project is being planned to tap excess water flowing down to Pakistan through river Ravi, even after the construction of Thein Dam, by constructing a barrage across river Ravi for diverting water through a tunnel link to Beas basin. The Govt. of India declared this project a national project.
• The above three projects will help India to utilize its entire share of waters given under the Indus Waters Treaty 1960.

Disagreement over two hydroelectric power plants:

The disagreement between India and Pakistan concerns the design features of the Kishenganga (330 megawatts) and Ratle (850 megawatts) hydroelectric power plants. The former was inaugurated in 2018 while the latter is under construction. The World Bank is not financing either project. The two countries disagree over whether the technical design features of these two hydroelectric plants contravene the Treaty. The plants are located in India on tributaries of the Jhelum and the Chenab Rivers, respectively. The Treaty designates these two rivers, as well as the Indus, as the “Western Rivers” to which Pakistan has unrestricted use with some exceptions. Under the Treaty, India is permitted to construct hydroelectric power facilities on these rivers, subject to constraints specified in Annexures to the Treaty. 

Working with India and Pakistan:

 On December 12, 2016, World Bank Group President Jim Yong Kim announced that the World Bank would pause before taking further steps in each of the two processes requested by the Parties. The announcement by the Bank was taken to protect the Treaty in the interests of both countries.

Since then, the World Bank has worked to seek an amicable resolution. Multiple high-level meetings have been convened and a variety of proposals have been discussed. However, five years of joint efforts have not yielded a solution.  On March 31, 2022, the World Bank, therefore, decided to resume the process of appointing a Neutral Expert and a Chairman for the Court of Arbitration.

Conclusion:

The Indus system comprises the main Indus River, Jhelum, Chenab, Ravi, Beas, and Sutlej. The basin is mainly shared by India and Pakistan with a small share from China and Afghanistan. Under the treaty signed between India and Pakistan in 1960, all the waters of three rivers, namely Ravi, Sutlej, and Beas were allocated to India for exclusive use. The Indus waters Treaty is a water-sharing agreement between India and Pakistan signed in 1960. It was brokered by the World Bank. This is an important treaty and one of the most successful water-sharing agreements to date.