The court’s decision requires Pakistan and India to supply data on flows by June 2013. PHOTO: CREATIVE COMMONS
HAGUE:
The International Court of Arbitration (ICA) has issued a partial award on the controversial Kishanganga hydro-electricity project (KHEP) in response to Pakistan’s appeal for ‘interim measures’ against the dam which may inhibit the restoration of the river flow to its natural channel.
ICA gave its decision on two disputes put forward before the court. In the first dispute, the court has allowed India to divert the Kishanganga-Neelum River as it considered the Indian project to be “run-of-the river” plant, meaning they do not require large storage reservoirs or cause major disruption to the flow.
However, the diversion will take place under strict conditions. Furthermore, the court has yet to determine the minimum downstream flow of the dam. The court’s decision requires Pakistan and India to supply data on flows by June 2013 with the final award in the case to be given in December 2013.
According to experts, as India does not know the quantum of water available to it, the Indian decision on the size of the power plant will have to be altered as full requirements will not be available as demanded by them before the court.
This decision went against India’s demand that the entire flows of the Neelum river during six to eight months of the winter season would be diverted into Wullar lake.
The second dispute was on the design and operations of the dam, which Pakistan said were in violation of the Indus Water Treaty (IWT). The court has clearly stated that drawdown flushing below the dead storage level was not permissible and that sediment flushing did not constitute an unforeseen emergency.
The court has also endorsed Pakistan’s strongly held view that the neutral expert’s decision in the Baglihar case was horribly wrong and in total violation of the provisions of the treaty.
Published in The Express Tribune, February 19th, 2013.
COMMENTS (8)
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I can see the petty immature Indians have taken to their usual revelling in Pakistan's failure. I am starting to suspect there is a RAW wing dedicated solely to trolling Pakistani websites. But that's not the point.
To all those celebrating, I would like to remind you thay the Neelum Valley is home to 100, 000 people. India was hoping to divert all the water for 8-9 months, which would have turned this beautiful valley into a desert and rendered its people homeless.
Funny, given India claims Pakistan Kashmir as it's own, but doesn't give a dam for its citizenry, who are even granted nominal representation in the Indian parliament.
Furthermore, India has actually been violating the Indus Waters Treaty since day 1. The list is long but I will state some examples. Dul Hasti, Salal, Baghlihar, Uri-1, diversion of canals in 1965 - endless list. Simply proclaiming "India has never violated IWT" without any research is disappointing but shows the intellect of the Indians who frequent this site.
Lastly, please do a Google image search of the Neelum valley, and its people. This is a victory for India, but a loss for mankind.
@Author : The court has also endorsed Pakistan’s strongly held view that the neutral expert’s decision in the Baglihar case was horribly wrong and in total violation of the provisions of the treaty . Please refer to the following : . http://www.pca-cpa.org/shownews.asp?nwsid=351&pagid=1261&ac=view . Indus Waters Kishenganga Arbitration (Pakistan v. India) . Please check the Partial Award (Decision on Page201) as well as press release issued on February 19, 2013 and you will not find any reference to the above. . As such the the neutral expert’s decision in the Baglihar case was has not been found Horribly wrong or any other allegations stated by the Author. . Cheers
So far these rulings seem equitable -- sure beats bombs anyway.
@Ashraful Makhlooq: India can and will construct more and more dams, yes. Kashmiris were asking this for a long time, and PAK was in the way. This decision settles the matter for good.
Consume water on western rivers. -No, India cannot. The flow upstream and down stream are monitored, data is shared with PAK.
PAK establishments -govt, political parties, media and academia are not telling or educating the truth to the public due to their own vested interests and ignorance.
What India is doing is exactly what China is claiming to do in upstream of Brahmaputra in Tibet. Except, PAK and India have treaty, enforceable at the international levels. Whereas, China does not have water treaty with any of her neighbors and that is not good. Yet, so far so good but we may never know how events will turn out in the future.
PAK can benefit in many ways by working with India in her hydro projects. The geography is conducive upstream, and resources can be minimaL, cost efficient and so on. But then who is worried out science in PAK?
Contiguous land mass nations cannot fight over shared resources and a long precedence on this matter is well established, since Egyptian time. As climate changes, assuming towards high temp, there will be more water and PAK needs India help to divert more water to prevent flooding and silting downstream, and when snow fall is low, again PAK needs India help to divert more water towards PAK. Annual flooding in Egypt only caused disaster for centuries until upstream water management came into effect.
A scientific logical usage of water has to be envisioned and PAK has wasted 65 years.
"By Our Correspondent" ++++++++++++++++ Obviously no one wants to gamble his/her credibility over such misleading news reporting.
The crying game begins.
"ICA gave its decision on two disputes put forward before the court. In the first dispute, the court has allowed India to divert the Kishanganga-Neelum River as it considered the Indian project to be “run-of-the river” plant, meaning they do not require large storage reservoirs or cause major disruption to the flow." ++++++++++++++++++++++++++++++++++++++++ That is a go ahead to India to proceed with the project despite severe Pakistani objections, albeit under marginal specifications. Congrats to India and to Pakistan: do not be peeved.
At least now corrupt Pakistani politicians stop fighting,making it matter of life and death and politicizing on dams' issues and cerebrate about it so that power crises can be overcome and at least now be united on dams' issues.Because now India shall construct more and more dams for energy production on the every disputed place and cut and consume Pakistan's share water.......