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India benefits as water issues ignored

By Mubarak Zeb Khan 2014-03-09
ISLAMABAD: The PML-N government has virtually turned a blind eye to India`s constructions on the western rivers.

Dawn has learnt that India has started work on 38 projects on the Jhelum, Chenab and Indus rivers, ignoring Pakistan`s rights over the river water guaranteed by the 1960 Indus Waters Treaty.

Islamabad has chosen for itself the easy way: sending letters and reminders to India seeking information about the status of these projects with no reply, in most cases, from the Indian government.

The Baglihar, Nimoo Bazgoo and Chuttak hydroelectric projects, to name a few, were successfully completed following Islamabad`s failure to take up these issues in a timely manner before the appropriate forum a neutral expert or a court of arbitration as mentioned in Article IX of the treaty.

For more than a decade, India has been accelerating its programme to meet its electricity requirements from projects designed for the western rivers, the water of which was allocated to Pakistan under the treaty.

Under the Indus Waters Treaty, India can construct run-of-river power plants on the western rivers, but only after (i), obtaining prior approval by Pakistan for location of a plant, and (ii), having shared with this country the hydraulic data and design particulars.

A run-of-river power plant generates hydroelectricity while maintaining an unrestricted flow of water.

The treaty allows the generation of hydroelectricity on these rivers, but also ensures uninterrupted flow of water in eastern and western rivers.

In the case of these 38 projects, the Pakistan Commissioner for Indus Water (PCIW) has sent several letters and reminders to India seeking details, but the Indian government has provided no information.

In terms of the Sawalkot hydroelectric power projects on the Chenab, the PCIW has sent 29 reminders to India, but to no avail.

As per annex D part -3 of the treaty, India must communicate to Pakistan at least six months in advance about the construction of river works connected with a plant. And Pakistan must reply within three months regarding any objection that it may have.

Documents seen by Dawn reveal the alarming inefficacy of the PCIW office in handling water issues, demonstrating serious governance issues.

Since 1999, Pakistan has written letters with remainders in a two dozen cases until 2012. India did not answer any of the letters sent by the PClW regarding 20 planned hydroelectric projects on the Chenab, and eight each on the Jhelum and Indus rivers. From the plants on the Chenab alone, it will get an estimated over 5,212MW of hydroelectricity. The list of the hydroelectric pro jects is available with Dawn, and reveals that there is not a single case where India has shared details.

Like other national institutions, the office of the PCIW is functioning on an ad hoc basis.

The government has yet to appoint a regular commissioner to exclusively manage water issues with the Indian counterpart. At the moment Mirza Asif Baig, a regularised employee of Nespak, a private limited company, is serving on deputation as Pakistan`s commissioner.The lack of expertise to handle these issues was also been high-lighted in the Court of Arbitration`s recent award in the Kishanganga hydroelectric project dispute, wherein the court noted Pakistan`s failure to provide data on existing and future agriculture uses. Although a report had been prepared, Mr Baig decided not to submit it as he considered the data to be insignificant. He told Dawn that the data in the report shows negligible use of water for agriculture and therefore, the report was dropped.

Experts are of the view that this omission has jeopardised Pakistan`s rights for water for agricultural uses that are protected by the treaty.

Furthermore, the court has remarked on the ineffectiveness of the Permanent Indus Commission in resolving disputes, expressing astonishment at the futile and protracted negotiations conducted by the commission. Mr Baig has avoided answering questions regarding pending issues to be taken up at appropriate forums, saying only that all projects are within the knowledge of the Pakistan water commissioner.

The Foreign Office also has little information about the Indian projects, even though its spokesperson Tasneem Aslam said that water is a serious issue.

`We know that projects have been started on the western rivers,` she said,adding that the Foreign Office wants the water issue to be part of the composite dialogue.

The composite dialogue process has been suspended since 2008 in the wake of the Mumbai attacks. So has the meeting schedule of the Indus water commissioners, who have to meet once a year, she said.

However, she did not confirm whether Pakistan, through its embassy in New Delhi, has taken up the issue of the non-sharing of the details of the proposed projects with Pakistan.

The PML-N government has embarked on an effort to normalise trade with India on a fast track to import electricity. The government has already constituted a committee headed by Finance Minister Ishaq Dar to handle all those elements opposing the opening of borders for trade with India. Last week, government officials visited India to finalise the terms under which electricity will be acquired from the neighbouring state. It will take at least two years before Pakistan can reap the benefits of this agreement.

Negotiations in the Baglihar and Kishanganga cases continued for 17 and 14 years respectively without results. India started work on Wullar Barrage in 1961 and this issue too remains unresolved.