The Treaty
The main features of the Treaty are as follows :31
(i) The waters of the three eastern rivers - the Ravi, the Beas and the Sutlej - would be available for unrestricted use by India, after a transition period.
(ii) The waters of the three western rivers-the Indus, the Jhelum and the Chenab - would be allowed to flow for unrestricted use by Pakistan except for some limited use such as a domestic use, b non-consumptive use, c agricultural use, d generation of hydro-electric power run-of-river-plants in Kashmir.
(iii) During the transition period of ten years, India would continue to give Pakistan some supplies from the eastern rivers, in accordance with detailed regulation set out in the Treaty. The period may be extended at Pakistan's request up to a maximum of another three years. If so extended, India would deduct from its contribution Rs. 4.16 crores for one year's extension and Rs. 8.54 crores for two years' extension and Rs. 13.13 crores if the extension is sought for three years.
(iv) Pakistan would build works in the transition period to replace, from the western rivers and other sources, waters she used to get in her canals from the eastern rivers.
(v) Non-consumptive use, domestic use etc. would be permitted in all the rivers by both the countries, but such use should not in any way affect the flow of rivers and channels, to be used by the other party.
(vi) India would contribute in ten equal annual instalments the fixed sum pf Pounds Sterling 62,060,000 to the Indus Basin Development Fund towards the cost of replacement works in Pakistan.
(vii) Both countries have recognised their common interest in the optimum development of the rivers, and declared their intention to co - operate by mutual agreement to the fullest possible extent.
(viii) The tow countries would regularly exchange data regarding the flow in and utilisation of waters of the rivers.
ix APermanent Indus Commission would be constituted with the Commissioners for Indus Waters of the two countries- a post which should be filled by a high-ranking engineer competent in the field of hydrology and water use. Each Commissioner will be the representative of his Government of consideration of all matters arising out of the Treaty. The purpose and functions of the Indus Commission would by "to establish and maintain cooperative arrangements for the implementation of this Treaty and to promote cooperation in the matter of development of the rivers".
(x) If the Indus Commission fails to reach agreement on any matter pertaining to the Treaty it would be referred to a Neutral Expert. If the difference is in the nature of a dispute and the Netural Expert certifies it to be so, the matter would be dealt with by the two Governments and might be referred to a Court of Arbitration.
(xi) Nothing contained in the Treaty, and nothing arising out of the execution thereof shall be construed as constituting a recognition or waiver whether tacit, by implication or otherwise of any rights or claims whatsoever of either of the parties.
View From Kashmir
It becomes clear that the Indian State of Jammu and Kashmir in spite of being the upstream area, has suffered due to restrictions placed by the Treaty on the unhindered usage of its river waters of Jhelum Chenab and Indus. The irony of the matter is that the State being rich in its hydel resources has been facing a perennial problem of shortage of hydro-electric power, more particularly during winter months and due to the dry spell in the valley. Though the State government's official estimates put the total hydel power potential of the State at 15,000 MW, the Center for Monitoring Indian Economy CMIE has reported it to be at 7487 MW which constitutes about 9 per cent of the total hydel power potential of the country.48 Since the Treaty has placed curbs on the construction of storage reservoirs which could ensure the provision of requisite water flow, all power projects in the State are to be run-of-the-river type. This not only raises the construction cost of the projects but also affects adversely the cost-effectiveness of power generation from these projects. Cost of run-of-the-river projects using small head fall is reported to be about 75 per cent higher than hydel projects using high head fall.49 Thus "the generating capacity of all run-of-the-river projects falls by about 65 to 75 per cent during winter because the water level in different rivers gets depleted substantially
It is, therefore, understandable that there has been growing concern and anger in Jammu and Kashmir over the negative consequences of the Indus Treaty for the State. Both the official and public circles in J&K State have been pleading for a review of this Treaty, so that the legitimate water requirements of J&K State for hydel power generation, deepening of rivers for navigation purposes, erecting protective bunds for floods and building adequate water reserves for irrigation are fulfilled. Environmental considerations also demand that the locally available hydel resources be utilised to the optimum to preserve and to maintain the deteriorating ecosystem in the State. Already, various water bodies particularly the famous Dal lake, Wullar lake and other aquatic systems have shrunk, thereby causing alarm.
Yet another associated problem has been the revenue loss of millions of rupees to the J&K State, as a result of the floating of timber logs from Jhelum and Chenab across the LoC into Pak-occupied Kashmir. This author learnt from some responsible officials of some insurance companies operating in J&K State, that the local timber merchants have been claiming millions of rupees of insurance compensation on lieu their timber losses on this account.
And in Pakistan itself, experience has shown that its portion of Indus basin has been suffering form acute problem of water logging and salinity due to excess availability of Indus waters and consequent canal seepage and percolation of excess amount of water. According to a study, in Punjab alone, "5 million ha have already gone out of cultivation due to salinity caused by water logging, 690,000 ha are affected to a lesser degree."60 Pakistani experts point out that Pakistan has made heavy investment in gigantic projects like Tarbela and Mangle dams, barrages, link canals etc. whereas projects of small irrigation, drainage, soil and water conservation remained on low priority. They believe that "rational use of water on three crops - wheat, cotton and sugarcane alone would save Pakistan about 5.6 MAF."61 Experts in Pakistan are forthright in ascribing the so called problem of water shortage in Pakistan to inefficient usage of water and distortions in its socio-economic policies. According to them, "with more than 1300 cubic metres per person available annually, Pakistan is by hydrological definitions, not a water stressed country."62 They argue that the water balance in the Indus Basin was massively destabilized due to addition of "more water to the eco-system than its natural drainage potential", which resulted in desertification through water logging and salinity. 63 Besides, there is the unresolved issue of inter-provincial discord over distribution of water.
The main features of the Treaty are as follows :31
(i) The waters of the three eastern rivers - the Ravi, the Beas and the Sutlej - would be available for unrestricted use by India, after a transition period.
(ii) The waters of the three western rivers-the Indus, the Jhelum and the Chenab - would be allowed to flow for unrestricted use by Pakistan except for some limited use such as a domestic use, b non-consumptive use, c agricultural use, d generation of hydro-electric power run-of-river-plants in Kashmir.
(iii) During the transition period of ten years, India would continue to give Pakistan some supplies from the eastern rivers, in accordance with detailed regulation set out in the Treaty. The period may be extended at Pakistan's request up to a maximum of another three years. If so extended, India would deduct from its contribution Rs. 4.16 crores for one year's extension and Rs. 8.54 crores for two years' extension and Rs. 13.13 crores if the extension is sought for three years.
(iv) Pakistan would build works in the transition period to replace, from the western rivers and other sources, waters she used to get in her canals from the eastern rivers.
(v) Non-consumptive use, domestic use etc. would be permitted in all the rivers by both the countries, but such use should not in any way affect the flow of rivers and channels, to be used by the other party.
(vi) India would contribute in ten equal annual instalments the fixed sum pf Pounds Sterling 62,060,000 to the Indus Basin Development Fund towards the cost of replacement works in Pakistan.
(vii) Both countries have recognised their common interest in the optimum development of the rivers, and declared their intention to co - operate by mutual agreement to the fullest possible extent.
(viii) The tow countries would regularly exchange data regarding the flow in and utilisation of waters of the rivers.
ix APermanent Indus Commission would be constituted with the Commissioners for Indus Waters of the two countries- a post which should be filled by a high-ranking engineer competent in the field of hydrology and water use. Each Commissioner will be the representative of his Government of consideration of all matters arising out of the Treaty. The purpose and functions of the Indus Commission would by "to establish and maintain cooperative arrangements for the implementation of this Treaty and to promote cooperation in the matter of development of the rivers".
(x) If the Indus Commission fails to reach agreement on any matter pertaining to the Treaty it would be referred to a Neutral Expert. If the difference is in the nature of a dispute and the Netural Expert certifies it to be so, the matter would be dealt with by the two Governments and might be referred to a Court of Arbitration.
(xi) Nothing contained in the Treaty, and nothing arising out of the execution thereof shall be construed as constituting a recognition or waiver whether tacit, by implication or otherwise of any rights or claims whatsoever of either of the parties.
View From Kashmir
It becomes clear that the Indian State of Jammu and Kashmir in spite of being the upstream area, has suffered due to restrictions placed by the Treaty on the unhindered usage of its river waters of Jhelum Chenab and Indus. The irony of the matter is that the State being rich in its hydel resources has been facing a perennial problem of shortage of hydro-electric power, more particularly during winter months and due to the dry spell in the valley. Though the State government's official estimates put the total hydel power potential of the State at 15,000 MW, the Center for Monitoring Indian Economy CMIE has reported it to be at 7487 MW which constitutes about 9 per cent of the total hydel power potential of the country.48 Since the Treaty has placed curbs on the construction of storage reservoirs which could ensure the provision of requisite water flow, all power projects in the State are to be run-of-the-river type. This not only raises the construction cost of the projects but also affects adversely the cost-effectiveness of power generation from these projects. Cost of run-of-the-river projects using small head fall is reported to be about 75 per cent higher than hydel projects using high head fall.49 Thus "the generating capacity of all run-of-the-river projects falls by about 65 to 75 per cent during winter because the water level in different rivers gets depleted substantially
It is, therefore, understandable that there has been growing concern and anger in Jammu and Kashmir over the negative consequences of the Indus Treaty for the State. Both the official and public circles in J&K State have been pleading for a review of this Treaty, so that the legitimate water requirements of J&K State for hydel power generation, deepening of rivers for navigation purposes, erecting protective bunds for floods and building adequate water reserves for irrigation are fulfilled. Environmental considerations also demand that the locally available hydel resources be utilised to the optimum to preserve and to maintain the deteriorating ecosystem in the State. Already, various water bodies particularly the famous Dal lake, Wullar lake and other aquatic systems have shrunk, thereby causing alarm.
Yet another associated problem has been the revenue loss of millions of rupees to the J&K State, as a result of the floating of timber logs from Jhelum and Chenab across the LoC into Pak-occupied Kashmir. This author learnt from some responsible officials of some insurance companies operating in J&K State, that the local timber merchants have been claiming millions of rupees of insurance compensation on lieu their timber losses on this account.
And in Pakistan itself, experience has shown that its portion of Indus basin has been suffering form acute problem of water logging and salinity due to excess availability of Indus waters and consequent canal seepage and percolation of excess amount of water. According to a study, in Punjab alone, "5 million ha have already gone out of cultivation due to salinity caused by water logging, 690,000 ha are affected to a lesser degree."60 Pakistani experts point out that Pakistan has made heavy investment in gigantic projects like Tarbela and Mangle dams, barrages, link canals etc. whereas projects of small irrigation, drainage, soil and water conservation remained on low priority. They believe that "rational use of water on three crops - wheat, cotton and sugarcane alone would save Pakistan about 5.6 MAF."61 Experts in Pakistan are forthright in ascribing the so called problem of water shortage in Pakistan to inefficient usage of water and distortions in its socio-economic policies. According to them, "with more than 1300 cubic metres per person available annually, Pakistan is by hydrological definitions, not a water stressed country."62 They argue that the water balance in the Indus Basin was massively destabilized due to addition of "more water to the eco-system than its natural drainage potential", which resulted in desertification through water logging and salinity. 63 Besides, there is the unresolved issue of inter-provincial discord over distribution of water.
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