Indus Waters Treaty (IWT)

Why in News?

The Neutral Expert (NE) appointed under terms of the IWT decided that he was competent to decide on differences between India and Pakistan on the design of hydroelectric projects built on the Indus Treaty-rivers.

• The Indus Water Treaty was signed by India and Pakistan on September 19, 1960 to determine the distribution of the waters of the Indus and its tributaries.
• The negotiations were arranged by the World Bank.
• Under the IWT,
  • India enjoys “unrestricted use” of the 3 “Eastern Rivers” - Beas, Ravi, Sutlej, whereas
  • Pakistan controls the 3 “Western Rivers” - Indus, Chenab, and Jhelum.

• India gets roughly 30% and Pakistan gets 70% of the water carried by the Indus River System.
• According to Article III (1) of the Treaty, “India is under obligation to let flow” waters of the Western Rivers to Pakistan.
• Both India and Pakistan have the right to non-consumptive use and rights of drainage issues and river conservation aspects.
• Article IX of the IWT provides for a graded 3-level dispute settlement mechanism, in which disputes are first decided at the level of the Indus Commissioners of India and Pakistan.
• Then it will escalated to the World Bank-appointed Neutral Expert, and only then to the PCA in The Hague.

The recent ongoing dispute

• Two hydroelectric projects currently under construction in Jammu &Kashmir in India, namely

1. The Kishenganga HEP on Kishenganga, a tributary of the Jhelum,
2. The Ratle HEP on the Chenab.

• Although they are “run-of-the-river” projects, which generate electricity without obstructing the natural flow of the river, Pakistan has repeatedly alleged that these violate the IWT.
• Pakistan asked the World Bank to facilitate the establishment of a Court of Arbitration to consider its concerns about the designs of the two hydroelectric power projects.
• India asked for the appointment of a Neutral Expert to consider similar concerns over the two projects.
• According to Article IX of the IWT it is now escalated to World Bank-appointed Neutral Expert.

References

1. The Indian Express | Indus Waters Treaty
2. Economic Times | Modification of Indus Waters Treaty