Why in news
Delegations from India and Pakistan flew to Kishtwar district of Jammu and Kashmir with neutral experts and began inspection of two power projects under the Indus Water Treaty (IWT)
Nearly 40 people flew to Kishtwar for inspection of various under-construction power projects in the Chenab valley region, the officials said.
This is the first visit by a Pakistani delegation to Jammu and Kashmir in more than five years under the dispute settlement mechanism of the 1960 treaty.
Indus Water Treaty
India and Pakistan signed the IWT in September, 1960 after nine years of negotiations, with the World Bank being a signatory to the pact.
The treaty sets out a mechanism for cooperation and information exchange between the two sides on the use of the water of the Indus River and its five tributaries Sutlej, Beas, Ravi, Jhelum, and Chenab.
It allocated the three western rivers—Indus, Chenab and Jhelum—to Pakistan for unrestricted use, barring certain non-consumptive, agricultural and domestic uses by India and the three Eastern rivers—Ravi, Beas and Sutlej—were allocated to India for unrestricted usage.
This means that 80% of the share of water went to Pakistan, while leaving the rest 20% of water for use by India.
It also required both the countries to establish a Permanent Indus Commission constituted by permanent commissioners on both sides.
According to the provisions of the IWT, the Permanent Indus Commission is required to meet at least once a year.
While Pakistan has rights over the waters of Jhelum, Chenab and Indus, Annexure C of the IWT allows India certain agricultural uses, while Annexure D allows it to build ‘run of the river’ hydropower projects, meaning projects not requiring live storage of water
The IWT provides a three-step dispute resolution mechanism under Article IX of the Indus Waters Treaty, under which “questions” on both sides can be resolved at the Permanent Commission, or can also be taken up at the inter-government level
In case of unresolved questions or “differences” between the countries on water-sharing, such as technical differences, either side can approach the World Bank to appoint a Neutral Expert (NE) to come to a decision.
And eventually, if either party is not satisfied with the NE’s decision or in case of “disputes” in the interpretation and extent of the treaty, matters can be referred to a Court of Arbitration.
COMMENTS