India is considering new options under the Indus Waters Treaty (IWT), including:
Withdrawing from talks on dispute resolution.
Changing hydro-power projects to store more water.
Implementing "draw down flushing" in reservoirs.
India has always followed the IWT responsibly, even after past incidents like the Uri attacks, but may take a different approach now.
India declared the IWT "in abeyance" after the Pahalgam attack, meaning it will stop sharing data and updates with Pakistan on water and infrastructure.
The Permanent Indus Commission, which resolves water-sharing issues, hasn't met since 2022.
The IWT limits India's ability to build large hydro-power storage on the western rivers (Indus, Jhelum, Chenab) to prevent disrupting Pakistan's agriculture.
Ignoring the IWT would require significant investment and long-term planning, especially in difficult terrains.
Any major changes to India's water management will need consistent investment and may take years to implement.
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 (PIC) constituted by permanent commissioners on both sides.
Commissioners of both countries are mandated to meet every year, and sometimes have met multiple times in a year, to discuss and resolve differences on the sharing of river water and construction of hydel projects.
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.
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