Indus Water Treaty

At the time of independence, the boundary line between the two newly created independent countries i.e. Pakistan and India was drawn right across the Indus Basin, leaving Pakistan as the lower riparian.

Moreover, two important irrigation head works, one at Madhopur on Ravi River and the other at Ferozepur on 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 two countries regarding the utilization of irrigation water from existing facilities. Negotiations held under the good offices of International Bank for Reconstruction and Development (World Bank), culminated in the signing of 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 from 1st April, 1960 (Effective Date).

BRIEF PROVISIONS OF INDUS WATERS TREATY 1960

i. The Indus system of rivers comprises three Eastern Rivers (Ravi, Beas and Sutlej and their tributaries) and three Western Rivers (Indus, Jhelum and Chenab and their tributaries).

ii. The Indus Waters Treaty 1960 was signed on 19.09.1960 between India and Pakistan. It is however effective from 01.04.1960.

iii. Under the Treaty, the waters of Eastern Rivers are allocated to India. India is under obligation to let flow the waters of the Western Rivers except for the following uses:

(a) Domestic Use,

(b) Non-consumptive use,

(c) Agricultural use as specified,

(d) Generation of hydro-electric power as specified

iv. India has been permitted to construct storage of water on Western Rivers upto 3.6 MAF for various purposes. No storage has been developed so far.

v. India has been permitted Agricultural Use of 7,01,000 acres over and above the Irrigated Cropped Area (ICA) as on 1.4.60. Out of this additional ICA of 7,01,000 acres, only 2,70,000 can be developed (i.e. a total ICA of 9,12,477 acres including that on 1.4.1960) till storages are constructed and 0.5 MAF of water is released there from every year. ICA during 2008-09 was 7,92,496 Acres.

vi. Under the Treaty, India and Pakistan have each created a permanent post of Commissioner for Indus Waters. They together constitute the Permanent Indus Commission (PIC), which is entrusted with the implementation of the Treaty. The PIC is required to hold meetings and tours and submit report on its work to the two Governments every year. It has held 111 tours and 106 meetings so far.

vii. Both sides are required to exchange information related to river flows observed by them, not later than three months of their observation and to exchange specified information on Agricultural Use every year.

viii. India is under obligation to supply information of its storage and hydroelectric projects as specified.

viii. India communicates as a gesture of goodwill, flood data to Pakistan from 1st July to 10th October every year, to enable them to undertake advance flood relief measures. The arrangement is reviewed every year.

ix. The Commissioners may discuss the questions arising under the Treaty under Article IX of the Treaty related to Settlement of Differences and Disputes and in the case of non-resolution, take further action under this Article for resolution through a Neutral Expert, negotiators or Court of Arbitration. [A Neutral Expert appointed by World Bank on Pakistan’s request delivered
Expert Determination on Baglihar Hydroelectric Project in Feb. 2007. To resolve the issues of Kishenganga H.E. Project, Pakistan has initiated proceedings for setting up a Court of Arbitration]