An image of the Kishenganga dam (pointed on map) and the KHEP power house for which India plans to divert water from the Kishenganga/Neelum river. PHOTO: COURTESY COURT OF ARBITRATION
THE HAGUE: The Minister for Water and Power Khawaja Asif termed award from the Permanent Court of Arbitration (PCA) in the Kishenganga Dam as a big victory of Pakistan, Radio Pakistan reported.
Pakistan has achieved a big victory in the International Court of Arbitration (ICA) in Kishin Ganga dam case ... (1/3)
— Khawaja M. Asif (@KhawajaMAsif) December 21, 2013
In a statement‚ Asif said the PCA has accepted Pakistan's right to the water of Kishenganga as riparian state.
We have achieved a big victory in terms that ICA has accepted Pakistan’s right 2 the water as riparian state on waters of Kishin Ganga (2/3)
— Khawaja M. Asif (@KhawajaMAsif) December 21, 2013
Asif said that Pakistan's right over the water Jhelum and Chenab rivers has also been established now.
Similarly Pak’s right over the waters of Jhelum and Chenab rivers is also established which will safeguard our water rights in future also..
— Khawaja M. Asif (@KhawajaMAsif) December 21, 2013
According to the ruling, which was partially awarded earlier this year, the PCA noted that Pakistan had a right to the water as a riparian state, and that India can make its proposed Kishenganga dam by diverting river water as long as a minimum river down-flow is maintained.
On Friday, the court decided that India shall release a minimum flow of 9 cumecs into the Kishenganga/Neelum River below the KHEP at all times.
“The Court also decided that either India or Pakistan may seek reconsideration of this decision through the Permanent Indus Commission and the mechanisms of the Indus Waters Treaty after a period of seven years from the first diversion of water from the Kishenganga/Neelum River.”
In its decision on a clarification and interpretation of the partial award sought by India, the court ruled that while the clarification sought was admissible, its award was applicable generally.
“Subject to Paragraph B(4) of the “Decision” section (Part V) in the Partial Award of February 18, 2013, the prohibition on the reduction below Dead Storage Level of the water in the reservoirs of Run-of-River Plants on the Western Rivers, except in the case of unforeseen emergency, is of general application.”
COMMENTS (61)
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@Babloo: "I Wish India builds more hydro-electric dams so that Pakistan can have more ‘victories’ at IWC." ++++++++++++++++++++++++++++++++++++++++++++++++ Since it is Xmas I do hereby grant your wishes and Pakistan Big Victories. " Additional Indus water commissioner Sheraz Memon said that Pakistan had objection over seven projects of India. He said that India was constructing 53 power projects and seven dams. It has completed 16 projects on river Chenab while another four are under construction. Memon said India was constructing 850-megawatt Ratle project and warned that Pakistan will approach the International Court of Arbitration if India did not stop the construction of this project. " Source:http://tribune.com.pk/story/622655/severe-impact-pakistan-ponders-review-of-indus-waters-treaty/
I Wish India builds more hydro-electric dams so that Pakistan can have more 'victories' at IWC.
@Gratgy: "That won’t work, they wont get Visa to Hague." +++++++++++++++++++++++++++++++++++++++++ I see your point. All future litigation will be subject to advance agreement for Visas for Protestors. Though I would prefer if the Court was in Amsterdam for obvious reasons.
@Polpot
You mean the river in Hague…after all its the decison of the Court in Hague:)!
That won't work, they wont get Visa to Hague.
After this BIG victory, the only thing left to do is to plant the Pakistan flag in the Delhi red fort. Zaid Hamid will do that real real soon.:-)
@Gratgy: "PTI and JI should block the river in protest" +++++++++++++++++++++++++++++++ You mean the river in Hague...after all its the decison of the Court in Hague:)!
PTI and JI should block the river in protest
Congratulations to Pakistan on its big imaginary victory. Congratulations to India for its real victory. This is what I call win-win situation. India gets the dam, exactly as planned. Pakistan gets the victory.
@Lala Gee: You know what I would define as Big Victory for Pakistan? ++++++++++++++++++++++++++++++++++++++++++++++++++ That Pakistan should have been financially compensated for the loss of power generation from the Neelem Jhelum Power Plant. Sadly there is no legal basis to that and therefore the Big Victory is entirely imaginary.
ET whats the point of the comments section when you block even reasonable comments while you allow seeming insulting and rude comments to pass on several different articles.
@polpot:
"ICA has accepted Pakistan’s right 2 the water... Wow the ICA has accepted that what was never in dispute……."
And Pakistan never disputed India's right to power generation on the "run-of-the-river" flow as provided by the Indus Basin Water Treaty. The only difference of opinion was on how much water India could divert from the natural flow for this purpose without compromising the catchment area's echo system, and present and future requirements of water for agriculture and power generation, and without too much effecting the under construction Neelum-Jehlum Hydropower Project in AJ&K. For this purpose the PCA has decided, after going through all the available data and the expert opinion of both the sides, that 9 cumecs of water would be a fair distribution without effecting too much the either side.
"Pakistan sought a separate monitoring mechanism the Court turned that down."
Correct. PCA is of the view that there is already a comprehensive mechanism of monitoring available under the Indus Water Treaty which should be used more effectively.
"Pakistan sought the prohibition on the reduction below Dead Storage Level by india and the court upheld that. ( this pertains to desitling requirements which is not very relevant for KEHP)"
No need to say anything.
This ruling dismisses two myths in Pakistan - India steals water from Pakistan and the other that India floods Pakistan. More of their myths will fall on their face over time.
"Pakistan sought a minimum environmental flow of 100 cumecs but the court granted it 9 cumecs"
This is the average water flow data Pakistan submitted to PCA for the months of October to March: 45.3, 30.9, 24.4, 23.3, 28.3, 60.4 cumecs, then how could Pakistan seek a minimum of 100 cumecs flow? Anyway, this how Indian media works who is reporting 100 cumecs demand. During the bilateral negotiations, India offered to Pakistan only 3.25 cumecs of minimum water flow which pushed Pakistan to initiate the arbitration process as per provisions of the Indus Water Treaty. Now the PCA has granted Pakistan 9 cumecs which is almost 3 times what India was ever willing to give to Pakistan. The distribution formula is based on proximately 50:50 split of the water flow during the drought season. Further, as per this award, there might be times when the river flow is 9 cumecs or below, and India won't be able to use any water at all. Even more important is to understand that India has to put all the water back in the Jehlum river as she is only entitled to use the water for solely power generation purposes. Most people confuse that allowing India to divert water means depriving Pakistan of the water, which is not correct. However, this water diversion would still cost Pakistan billions of dollars (US$ 140 million per year) resulting from the lost opportunity of producing electricity.
Kishanganga/Neelam River originally flows from Indian controlled Kashmir to Pakistan controlled Kashmir. It briefly crosses to Indian sector and reenters Pak sector. The Indian Dam is before Kishanganga ever enters Azad Kashmir. Why worry when the dam is for the benefit of Kashmiris!
This victory is similar to Pakistan's victory in 1971 war where Pakistani Army was marching backwards and the Indian Army was retreating forward.
I wonder why Pakistan thinks the loss is a win. India gets it hydroelectric plant as planned. The official who ran away to Canada knew the facts to begin with.
This is a great victory for both India and Pakistan. Henceforth they will use water judiciously for use in agriculture and generation of electricity. However, from some of the comments it seems that the radicalized trolls of PTI and RSS cannot digest any victory!
Pakistans Big Victory should not conceal the fact that +++++++++++++++++++++++++++++++++++++++++I India generates about 8000 MW on Chenab and Pakistan 14 MW ( Nandipur). The most practical approach for Pakistan is to purchase Electricty from India rather tha fight Court Cases like a peeved litogant ( and then lose them).
@non political great observation...it seems Sindhu river starts from sea and goes to Tibbat(China)..well done
@Pakistani yes we are more interested in Dams because it will irrigate our lands and will give us electricity..We do'nt want to get a lecture from them whose national dignity is violated on daily basis by drones.Do you remember Reymond Davis??Do I need to say more?
Mr Hafeez Sayed ++++++++++++++ Sir where is the celebratory Party? India punched in the nose again.
What Does Pakistans Big Victory Entail? +++++++++++++++++++++++++++++++ "Pakistan's Petroleum and Natural Resources Minister Shahid Khaqan Abbasi, on behalf of water and power minister, told the senate Thursday that the Indian project would reduce energy generation of Pakistan's hydroelectric project by 13 percent or 700 million units,"
But its a Big Victory!
Congrats Pakistan. Since u have won the case against India, why dont you educate your masses so that they dont grudge and blame India for the so called "water thefts" and reign in Hafiz Sayeed
@polpot: The dam has storing capacity which will definitely store the pakistani water
One another great work by Imran Khan :D
There is no defeat and victory, it is not a zero sum game. In fact it is win win for both the countries as they have equal rights on the water. That is why we have to take to the courts not decide by wars.
@Pakistani: I understand that Raymond Davis killed 2 innocent Pakistanis. What was the outcome? but yet you are interested in the dam.
@Aali: *Neelum river flowin from Pak administrated Kashmir to Indian Occupied; i wonder why couldn’t pakistan built a dam on it, so whenever india would use more water we could have replied the same way. we have potentially higher run of river . Sir I thank Pakistan for not Building a Dam on a River flowing from Pakistani Occupied Kashmir to the Indian State of Jammu and Kashmir. . I would request all Indian Members to Thanks Pakistan for such Magnanimity! . Cheers
Its a victory for Pakistan in the sense that it succeeded in delaying the project for as long as it could thus imposing economic and opportunity costs on India. Remember, all of India's hydro-electric projects have been okay-ed by the UN Commission , every time Pakistan went to it. Unless the treaty is modified to impose costs on the losing party , Pakistan will continue to abuse the treaty to delay and obstruct all Indian projects.
@Jameel ur Rasheed: A right under which was Pakistan was entitled to received 100% of the river water was reduced to 50%. I am confused what kind of victory is that? . That is not true. According to IWT Pakistan receives 80.2% of the Indus Waters and India ONLY 19.2% . Cheers
Perhaps the most important point pronounced on was the "priority in right" achieved by India. "Recalling the matters already decided in the partial award, the court noted that India had "coupled intent with action" in the planning and construction of the KHEP before Pakistan achieved the same with respect to NJHEP, and that the KHEP had acquired "priority in right" as a result." In effect, Pakistan came out to be a cropper in all points.
Pakistan Lost again : The western rivers are allocated to Pakistan under the Indus Waters Treaty of 1960. The "final award" specifies that only 9 cumecs of natural flow of water must be maintained in Kishenganga river at all times to maintain the environment downstream, said a statement from the Indian high commission in Pakistan. This is much lower than the 100 cumecs of natural flow that Pakistan wanted to maintain, it said. Pakistan has claimed Victory. REALLY !!??
hey fellow Pakistanis ,first their is not a single drop water lose ,the water is just diverted in other tributary which also flows in Pakistan ok.secondly Pakistan wanted not to divert water so that our own neelum jhuleum dam can be run on full potential but India wanted diversion so that its plant which is on other tributary can run at full potential what the court has done is it has divided water into half so that both plants will run at 50% water plus india have to maintain a minimum of 9 cu secs flow to through main river even if 9 cu secs is the total flow. so its divided to both.
All indian rivers going through pakinstan held kashmir to india including kishan Ganga,,, i though indians don't know their geography...pakistan can stop every drop of water which we dont want as we all are human at both side
Pakistan asked the international court for the continuous flow of 100cumecs, and the court allowed 9. Where is this great victory?. I think it is fair.
To start of with, both countries shouldn't look upon such things as winning or losing. Search for a win-win situation!
This is why i didn't vote for PML-N/PPP. They make Pakistanis ashamed of their country.
The minister acts like a kid and goes about claiming victory on twitter. Meanwhile, its not even a victory.
The Indian Project is a Run of the River Project ++++++++++++++++++++++++++++++ which means that no water is stored and therefore water flow to Pakistan was never in question. Pakistan's stand was that the Indus Water Treaty does not permit the Project and the award of the Court has convincingly demolished Pakistan's stand. But it is a BIG VICTORY.
@observer: "Pakistan claims VICTORY" ++++++++++++++++++++++++++++++++ Sir Actually Pakistan claims BIG VICTORY. ( U missed BIG)
A. India proposes a Dam on the Kishenganga for power generation
B. Pakistan opposes that.
C. The Award allows India to go ahead with the Dam and the power plant.
D. Pakistan claims VICTORY.
Why am I reminded of 1984, Ministry of Peace and Doublethink?
http://www.thenews.com.pk/article-131221-ICA-allows-India-to-construct-Kishanganga-Dam
Those interested in reading the Verdict of the Court ++++++++++++++++++++++++++++++++++++++++ can download it from http://www.pca-cpa.org/showfile.asp?fil_id=2471
congrats pakistan..... but what will u do with this water.... its not like u have an expertise in dam construction coz if u had u wouldn't be facing such serious energy crisis.... congrats anyway.....
A great victory to Pakistan only if one overlooks Pakistan’s demands that:
Diversion of waters into another tributary was not permitted.
A minimum flow of 100 cumec against the final award of 9 cumec, was required to be maintained by India.
The Neelum-Jhelum project rather than the Kishenganga project had priority in terms of prior use
Congratulations are in Order to Pakistan as just like in the Baghliar Arbitration Case Pakistan has again attained TOTAL VICTORY in the Krishanganga Arbitration Case. . Well done Pakistan! . I hope that Pakistan will show magnanimity towards India and offer India a few concessions. . Cheers