India to amend 1960 Indus Water Treaty with Pakistan

India has announced to reconsider its Indus Water Treaty (IWT) with Pakistan citing disputes over the Kishenganga and Ratle hydropower projects in Jammu & Kashmir.

• India has called for modifications to the treaty under Article XII (3) of the IWT which deals with the “final provisions” of the treaty.
• India also boycotted the Pakistani case at the Permanent Court of Arbitration at The Hague in the Netherlands.
• India mentioned that they were left with no choice but to demand that Pakistan come to the table to negotiate amendments to the treaty.
• The clarification of the dispute mechanism was at the top of the agenda for renegotiation with that new inter-governmental negotiation on the IWT would be an opportunity to incorporate the “lessons learned” since 1960.

Indus Water Treaty (IWT), 1960:

• The Indus system comprises of main Indus River, Jhelum, Chenab, Ravi, Beas, and Sutlej.
• The basin is mainly shared by India and Pakistan with a small share of China and Afghanistan.
• Under the treaty signed between India and Pakistan in 1960, all the waters of three rivers, namely Ravi, Sutlej, and Beas (Eastern Rivers) were allocated to India for exclusive use.
• While, the waters of Western rivers - Indus, Jhelum, and Chenab were allocated to Pakistan except for specified domestic, non-consumptive, and agricultural use permitted to India as provided in the Treaty.
• India has also been given the right to generate hydroelectricity through run-of-the-river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.

What is the Dispute all about between India and Pakistan?

• Both countries held different positions when Pakistan raised objections regarding the technical design features of the Kishanganga (330MW) and Ratle (850 MW) hydroelectric power plants located on the tributaries of the Jhelum and the Chenab, respectively, designated as “Western Rivers”.
• However, under Articles III and VII of the treaty, India is permitted to construct hydroelectric power facilities on these rivers (subject to constraints specified in Annexures to the Treaty).
• Differences were also discernible when Pakistan approached the World Bank to facilitate the setting up of a court of arbitration to address the concerns related to these two projects referred to in Article IX Clause 5 of the treaty, and when India requested the appointment of a Neutral Expert referent to Clause 2.1 of Article IX on the settlement of differences and dispute of the treaty, respectively.
• Pakistan, invoking Article VII Clause 2 on future cooperation, raised objections on the construction and technical designs of the Pakal Dul and Lower Kalnai hydropower plants located on the Marusudar River, a tributary of the Chenab, in the Kishtwar district of Jammu and Kashmir.
• India has raised concerns on issues such as Pakistan’s blockade of the Fazilka drain, which resulted in water contamination in the border areas.