Pakistan misleading people on Indus Water Treaty

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Talks for Kishanganga arbitration court on July 6​

By Khaleeq Kiani
Saturday, 03 Jul, 2010

ISLAMABAD, July 2: Amid a controversy over the legal team to represent Islamabad, Pakistan and India will meet in New Delhi on Tuesday (July 6) to finalise a Court of Arbitration (COA) for adjudication of the Kishanganga hydropower project, being built by India on Neelum river in violation of the 1960 Indus Waters Treaty.

Informed sources told Dawn on Friday that the two countries had nominated two arbitrators each on the seven-member court. Pakistan and India are now required to suggest names of three independent arbitrators to complete the court. This will set the stage for the COA to take up Pakistans complaint against Indias decision to construct a 330-mw storage project through diversion of Neelum river.

Under the treaty, the three independent arbitrators must be experts in water disputes, engineering and law. They should be members of either the International Court of Justice (ICJ), the World Bank or the Massachusetts Institute of Technology (US).

In case of a disagreement on names, the three independent members are to be selected through a secret draw.

Pakistan has nominated Bruno Simma, a German jurist currently working with the ICJ, and Jan Paulson, a Norwegian from an international law firm as its arbitrators.

India has nominated Peter Tomka, a Slovak national currently working as vice-president of the International court of Justice, and Lucius Caflish, a professor at the Graduate Institute of International Studies, Geneva.

Sources said the ministries of water & power and law were still in disagreement over composition of the team to plead Pakistans case.

According to the sources, a consultant to the law ministry wanted to have complete control over the litigation against India and opposed retention of Pakistans legal team even though the prime minister had given his approval twice. The team is to be headed by Prof James Crawford while the other members are Barrister Samuel Wordsworth and Feisal Naqvi.

These sources said work on the preparation of a brief for COA had come to a halt following the law ministry's decision to terminate the services of Feisal Naqvi, who was required to draft Pakistans case for vetting and approval by James Crawford.

They said the ministry of water and power, Pakistans commissioner for Indus Commission and relevant agencies of the armed forces had asked Mr Naqvi to continue with the job because they thought he was familiar with the case because of his long association with the Kishanganga project and his experience in the Baglihar case with India.

A young Supreme Court advocate, Mr Naqvi has been ranked among the top lawyers in Pakistan by the Chambers International for the past four years. He has represented Pakistan in a number of UN-related matters.

The three stakeholders believed that were Feisel Naqvi not allowed to assist Mr Crawford, they would need at least six months to train a fresh lawyer who can digest legal intricacies of the matter and then assist any foreign jurist to plead Pakistans case before the COA.

"The time is of real essence and any delay will help only India," an official of the water and power ministry said.

Pakistan is opposed to the Kishanganga project because its diversion will reduce by 16 per cent the power generation capacity of the 969-MW Neelum-Jhelum power project on the same river downstream Muzaffarabad in Azad Kashmir.

The project will cause a loss of energy worth Rs6 billion every year.

Moreover, the diversion will reduce river flows near the Line of Control, on the Pakistan side, for at least six months and cause an irreparable loss to the environment, particularly the Musk Deer Gurez Park – a vast grassland in AJK near the LOC _ and deprive the Neelum valley of tourism.

Overall, about 200 kilometres of river bed in Azad Kashmir will be affected by the Kishanganga project. The river will turn dry over 40kms, a negation of international environmental laws. Under the law, at least 70 per cent of river flows are to be protected in case any project is taken in hand.

Pakistan has also objected to the design of the Kishanganga project as it envisaged drawdown flushing, which is against the spirit of the 1960 treaty. The design will arm India with the power to cause floods and water scarcity on the Pakistani side.

As required under the 1960 Treaty, Pakistan has exhausted all bilateral remedies before taking the dispute to a neutral party – a court of arbitration in this case - despite Indias delaying tactics.

On Oct 22 last year, an inter-ministerial meeting decided to file an arbitration request. The only pre-condition was to send a reply to the last letter from India and file an arbitration request two weeks later. However, the ministry of law sat on the file from October last year till April and hence an arbitration request was sent on April 18.

The six-month delay has already hurt Pakistans case and the country cannot afford further delay, the power ministry official said.

 

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Consultation on climate change impact on Indus Basin​

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An international expert consultation on climate change impact on Cryosphere of the Indus Basin and its implications on future water scenario has begun here at headquarter of International Centre for Integrated Mountain Development (ICIMOD) in Nepali capital Kathmandu on Friday. An expert consultation organized by ICIMOD has brought together international as well as regional researchers from different disciplines and geographic region. Workshop will discuss over the establishment of an "Indus River Basin Initiative" to coordinate collaboration between different institutions and organisations.

The Indus River Basin will collect and analyse recent and ongoing research interventions and approaches. It will also provide platform for sharing knowledge gained from this analysis as well as for sharing current state-of-the-art approaches and interventions planned for future work on climate change and water resource management in the Indus River Basin, according to ICIMOD.

During the workshop, presentations and discussions will focus on study design and methodologies used in field work, modelling, and scenario analysis. The Indus River Basin is one of the most sensitive basins to impacts of climate change on water supplies and loss of livelihoods. Runoff is generated predominantly by melting snow and ice, and a large number of economic activities and human lives in the basin.

The Indus Basin covers an area of about 1,140,000 sq. km. A large part of the upper basin lies within the Hindu Kush, Karakorum,and Himalayan mountains. Afghanistan, China, India and Pakistan share the basin territory, according to ICIMOD. — Xinhua

 

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World Bank refuses to fund Diamer-Bhasha Dam​

* WAPDA official tells NA committee India raised objections on Gilgit-Baltistan status
* Chashma-Jhelum Link Canal closed due to differences among provinces: IRSA

By Zeeshan Javaid

ISLAMABAD: The World Bank has refused to fund the Diamer-Bhasha Dam due to, what they claim, is the controversial legal status of Gilgit-Baltistan territory.

The revelation was made by Water and Power Development Authority (WAPDA) official who was briefing the National Assembly's Standing Committee on Inter-Provisional Coordination on Friday.

The committee meeting was chaired by Mir Ahmedan Khan Bugti and discussed existing water sources and proposals for building new dams.

Briefing the committee about the status of the Diamer-Bhasha project, the WAPDA official informed the committee that due to objections raised by India over the legal reforms introduced in Gilgit-Baltistan, the World Bank had refused to finance the project.

The committee was further informed that over $30 to 40 billion would be required in the next 15 years to build dams in the country for generating electricity and for increasing water storage capacity.

"The bank's refusal to provide funds has virtually endangered the practicability of the Diamer-Bhasha Dam on whose feasibility and technical reports huge amounts have already been spent since 2006," sources privy to a high-level meeting later told Daily Times.

"The total cost of the Diamer-Bhasha dam is $12.6 billion (according to estimates in 2008) and it will have a storage capacity of 6.3 million acre feet of water. It will have a power generation capacity of 4,500 megawatts," the sources said.

IRSA: Shafqat Masood, the Indus River System Regulatory Authority (IRSA) acting chairman, briefed the committee about the differences between Punjab and Sindh over Indus water distribution.

He told the committee members that the Chashma-Jhelum Link Canal had not yet been opened due to objections raised by provinces. However, he said IRSA had increased the water share of Sindh to 190,000 cusecs.

 

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Neelam Jhelum Hydroelectric Project - exploitation of Kashmiri resources​

Neelam Jhelum Hydroelectric Project - exploitation of Kashmiri resources . Speech of Dr Shabir Choudhry in a seminar arranged by Kashmir National Party on 04 July 2010.

Mr Chairman, friends and colleagues Aslamo alaykam.

1. Clarification

Before I make a presentation on the above topic, I want to make this clear that I DO NOT write or speak against Pakistan. I write and actively protect and promote interest of people of Pakistani Administered Kashmir and Gilgit Baltistan. Because wrong doer on this side of the divide is Pakistan or Pakistani officials and I expose their deeds which they do in name of Islam or brotherhood, people wrongly accuse me of being anti Pakistan.

When Pakistani writers and media people expose Pakistani officials for wrong doings inside Pakistan, they get compliments and they are not called anti Pakistan, but when we nationalist Kashmiris expose wrong doings of Pakistani officials inside our territory, we are accused of being anti Pakistan and in some cases 'Indian agents'.

True, for some years I have paid less attention to issues of Indian Administered Kashmir not because they are not important, but because there are plenty of people to speak for their rights; and if I speak I will be just another voice. Whereas on the Pakistani side of the divide there is hardly anyone to speak out or expose human rights abuses and economic exploitations because of fear and intimidation.

As soon as anyone dares to speak to expose wrong doings of Pakistani officials in Pakistani Administered Kashmir or Gilgit Baltistan he is criticised as being 'anti Pakistan' or an 'Indian agent'. Because of this fear and intimidation people are very hesitant to speak about their plight on this side of the LOC.

I have courageously written and criticised Pakistan's Kashmir policy for years. It was not criticism for the sake of criticism, as I supported my contentions with historical evidence and facts, and yet I had to pay a big price for this; and because of ludicrous allegation and campaign of hatred, even I feel the pressure. I am a practicing Muslim, and yet I have been called Hindu and Sikh, just because what I write does not promote interest of those who make Kashmir policy for us, and those who have transformed the Kashmiri struggle in to business, whereas people of Jammu and Kashmir continue to suffer.

After announcing this seminar I had a phone call in which the caller verbally abused me and said: 'If you are a true Kashmiri then you should expose India, because they are killing innocent people including children; and all you care is about water issues in Azad Kashmir'.

I gave him appropriate replies, but for the benefit of this audience, I and KNP condemn terrorism and killing of innocent people. To us Indian policy in Kashmir is exposed and you can't expose it anymore; however we need to expose Pakistani policy on Kashmir which is carefully disguised in name of Islam and brotherhood.

2. Introduction

Mr Chairman

Water is fundamental to human survival, and many countries have serious shortage of water and energy, yet demand is on increase. Lack of sufficient clean and useable freshwater has adverse impact on economy and prosperity of many countries. Because of this scarcity, water has taken a strategic role for many states; and could be cause of conflicts in future.

In 1995, Vice President of the World Bank Ismael Serageldin said: 'If the wars of this century were fought over oil, the wars of the next century will be fought over water.'

Egypt went to war with Israel more than once, but when President Anwar Sadat signed a peace treaty with Israel in 1979, he said Egypt will never go to war again, except to protect its water resources. Former Secretary General of the Untied Nation, Boutros Boutros-Ghali warned bluntly that 'the next war in the area will be over water'.

As freshwater resources transcend national boundaries and its management is a major challenge for the future. If amicable mechanism of water distribution is not established, and alternative sources of energy are not discovered then Ismael Serageldin's prediction might prove to be correct not in too distant future.

Our neighbour, Pakistan has serious energy and clean water problems, and more than 38 million people do not have access to safe drinking water. Despite these serious problems Pakistan has failed to get consensus to construct Kala Bagh Dam, initial planning of which was made in 1950s, and the country has spent millions of pounds on various feasibility reports. All the reports suggest that the dam project was economically viable, but politicians and provinces did not agree with its construction for various reasons.

3. Water – our natural resources

Mr Chairman

Just like oil is natural resources of some countries, water is natural resources of Jammu and Kashmir; but unlike other countries we cannot sell our natural resources, because it is not under our control. Tragedy is we cannot even use water according to our wishes or requirements.

The water resources in Jammu and Kashmir belong to the people of the State, but it was India and Pakistan who decided how to use our water in Indus Water Treaty of 1960. In the past both countries fought conventional wars and a proxy war to take control of the State of Jammu and Kashmir, as both wanted to make it part of their country. Now fear is that they might clash over the water issue.

Strategic Foresight Group of the International Centre for Peace Initiatives in Mumbai, in a book "The Final Settlement" deals with the issue of water between India and Pakistan in detail and says: Pakistan's interest is in conflict with the people of Kashmir on both sides of the Line of Control; and adds, "A conflict over land between the people of Kashmir and the government of India will soon become a thing of the past. On the other hand, a water war between Kashmir and Pakistan is inevitable in the future."

But the question is who will fight and protect rights of the people of Jammu and Kashmir? The puppet leaders who will do anything to please their political masters in Islamabad have no spine to even talk about rights of the people of Pakistani Administered Kashmir. When people of Khyebar Pakhtoon Khawa strongly refused to allow Islamabad to construct the Kala Bagh Dam, even though it was in the interest of Pakistan, puppet leaders of Islamabad in Pakistani Administered Kashmir said: for sake of Pakistan we will build 100 dams in Azad Kashmir.

Prime Minister of Pakistani Administered Kashmir, Sikandar Hayat told a seminar on March 6, 2003 "The freedom fighters of Kashmir are in reality fighting for Pakistan's water security and have prevented India from constructing a dam on the Wular Barrage."

Another Prime Minister of Pakistani Administered Kashmir, Sardar Yaqoob Khan while speaking at the Lahore Chamber of Commerce and Industry on 12 August 2009, said, 'the AJK had the potential to generate over 14,000 megawatts (MW) of hydro-electricity'.

Pakistan's electric requirement stands at 14,700 MW, and if our electric generating potential is in hands of a sincere government, then we can export electricity to Pakistan and meet their energy needs. It must be noted that current electric requirement of Pakistani Administered Kashmir is 400 MW; and we produce more than 1500 MW at present and we face long hours of load shedding just because everything is controlled by Islamabad.

4. Neelam Jhelum Hydroelectric Project

Mr Chairman

In line with its past policies, Islamabad has started a mega project in its colony, known as Azad Kashmir. They did not even care to consult, get permission, or have a formal agreement with the rulers of this territory. They know these rulers are puppets, and are 'appointed' there to look after interests of Islamabad.

Neelam Jhelum Hydroelectric Project is located near Muzaffarabad, capital of Pakistani Administered Kashmir. It aims to dig a tunnel and divert water of Neelam River from Nauseri, about 41 KM East of Muzzafrabad. A Powerhouse will be constructed at Chatter Kalas, 22 Km South of Muzaffarabad; and after passing through the turbines the water will be released in Jhelum River, about 4 Km South of Chatter Kalas. Once completed, the Neelam Jhelum Hydroelectric Project will produce 969 MW of electricity annually at the cost of US $2.16 billion.

This project, once completed will benefit Pakistan, but local people will not benefit from it in any form or shape. However, there will be serious economic and environmental consequences for the local people; and their future generations will face very serious economic and environmental problems.

The project will have very serious impact on environment of the area, as it plays a key role in the configuration of Himalayan ecosystem. Environmental groups have expressed their concerns about prospective environmental hazards on local economy and biodiversity.

Ecologists say the project area has significant conservational importance due to abundant of forests, aquatics life and presence of many species of wild life, which have been declared endangered globally.

Majority of population lives in rural areas and their existence and life largely depends upon forestry, livestock and agriculture. River water and natural springs are main source for drinking and irrigation of land; and this diversion of river will have serious water shortage, which will make life miserable for the local people.

The project will also have serious impact on the habitat of various rare species considered on the verge of extinction. Developmental activities in the area and other changes will surely have negative impact on the natural habitat of wildlife.

Beauty of this area is enhanced by this river; and this diversion will have serious affect on wild life, weather and beauty of the area. The river and the beauty of the area attract tourists and provide clean water to the local people and citizens of Muzaffarabad; and this diversion of water will deprive the area of clean water and reduce the Neelam River to 'Nalah Lahi' in Rawalpindi which has dirty water and creates enormous problems for the citizens.


5. Kishanganga Hydro Electrical project

Mr Chairman

Interestingly India is also constructing a dam on the Neelam River at Gurez which will divert water through 22 KM long tunnel before it enters Pakistani Administered Kashmir; and release the water in to Bonar Madumati Nallah – a tributary of the Jhelum River. The diverted water would be used for generating 390 megawatt electricity and feeding the Wullar Lake. The project will be completed by 2015.

What this mean is that the water of Neelam River will join River Jhelum at Bandipore on the Indian side of LOC instead of its present convergence at Domel in Muzaffarabad, Pakistani Administered Kashmir. This project has potential to benefit people of Jammu and Kashmir on the Indian side of the LOC, but it will surely reduce flow of water in the Neelam River when it enters Pakistani Administered Kashmir; and it will have severe impact on Neelam-Jhelum Hydro Electric Project.

The government of Pakistan believes that the diversion of water to Wullar Lake contravenes the provisions of the Indus Water Treaty, as it affect flow of water and affects the Pakistani project. Bilateral Talks between the countries on this issue have failed and Pakistan wants to resolve this issue by invoking the arbitration process enshrined in the Indus Water Treaty of 1960.

Other Hydropower projects in Pakistani Administered Kashmir

Mr Chairman

Pakistan plans to construct some more dams in Pakistani Administered Kashmir.

They have completed a project at Jagran with capacity to produce of 30.4
MW, and it is already connected with National Grid System in Pakistan. Apart from that they have completed small projects at, Kundal Shahee, Kathai and Leepa. Also they have some micro- level projects completed and in operation at Kail.

The government of Pakistan in its Water Vision 2025 programme has announced to construct more dams in Pakistani Administered Kashmir, details are as follows:


Kohalla hydropower project


Kohalla project: This is also run-of-river project, and the project site is located at Dhal Chattian 22 km from Muzaffarabad upstream on Jhelum and powerhouse is at Barsala 7 km from Kohalla. The completion period is about nine years at the cost of $1381 million.


New Bong with capacity of 74 MW

Gulpur with capacity of 60 MW

Rajdhani with capacity of 86 MW

Chakhoti with capacity of 123 MW
Abbasian with capacity of 244 MW

Harrihgel with capacity of 53 MW

Kotli with capacity of 97 MW

There are some micro and small size projects under consideration, and these are:

Batar with capacity of 4.8 MW

Kathai with capacity of 2.4 MW

Batdhara with capacity of 10.2 MW

Riali with capacity of 24.9 MW and

Dhakari with capacity of 3.2 MW

Conclusion

As noted earlier water is essential for human survival and progress. Jammu and Kashmir is blessed with this by the Almighty Allah; and Pakistan has serious water and energy problems. Due to out of date water management techniques, poor planning, and political problems the situation has become very acute.

We appreciate Pakistan's water and energy requirements and want to help them in this regard as well; but they should learn to share resources and not to exploit us by behaving like an imperialial power. They need to acknowledge that these resources belong to the people of Jammu and Kashmir and if they want to make use of them then best way is to negotiate that with government of Pakistani Administered Kashmir and pay for the resources they use that people of the area also benefit from this.

This approach will create better understanding and promote goodwill between people of Pakistan and people of Jammu and Kashmir. If on the other hand they continue with their policies of exploiting Kashmir resources like imperial powers do, then it will surely back fire and will generate bad feelings for Pakistan.

I end with a quote of Mir Afzal Suleria, President of Kashmir National Party in Pakistani Administered Kashmir, who while talking to Human Rights Watch, said:

'Pakistan says they are our friends and India is our enemy. I agree India is our enemy, but with friends like these, who needs enemies'?

Mr Chairman, I thank you for your patience.

Writer is Director Diplomatic Committee of Kashmir National Party, political analyst and author of many books and booklets. Also he is Director Institute of Kashmir Affairs.Email: [email protected]

To view other articles see my blog: www.drshabirchoudhry.blogspot.com

 

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India conspires again​

Published: July 4, 2010
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THE National Assembly Standing Committee on Interprovincial Coordination has been told that India has stopped the World Bank from funding the Bhasha Dam with the argument that the area of construction, Gilgit-Baltistan, was a disputed territory. This was revealed to the Committee on Friday by the Member (Water) WAPDA, Syed Raghab Abbas Shah, when he testified to it. This reveals the Indian mindset, which did its best to cause damage to Pakistan, but it also speaks volumes about the World Bank, which joined in the conspiracy to prevent Pakistan from developing its water resources, as well as ensuring the Indian sabotage of the Indus Waters Treaty. That is despite the fact the Bank itself is the guarantor of the Treaty, and the party which is responsible under the Treaty to help settle any disputes that might arise over the Indus Waters. This should show Pakistan also how lowly it is rated by the USA when compared to India, despite the help it has rendered in its war on terror, with the Bank so much under American control that its President is an appointee of the US President.
The refusal of the loan means that the component, which the World Bank was supposed to put in, of the Rs 900 billion cost of the dam, will now have to be raised by other means. However, this should not ignore the fact that the Bhasha Dam decision came prematurely, and should have been preceded by the Kalabagh Dam, an eminently feasible project to which the World Bank is already committed. Because of this refusal by Pakistan to undertake the use of Indus Waters, India has been encouraged to violate the Indus Waters Treaty. It must also be noted that the Mangla Dam, which lies in Azad Jammu and Kashmir, and thus in a disputed territory, was included in the Treaty, and was part of the deal the World Bank then brokered. There was then no objection raised about its status; and to raise it now merely indicates that Indian posturing in the region also carries American backing, as it builds India as a regional counterweight to China. Even if the World Bank is not investing in the disputed territory on the Indian side, its massive investments in India are freeing up resources for it to engage in heavy spending there, all meant to sabotage the Treaty. The consequences of this American backing are unthinkable, as they mean that even for as basic a resource as water, Pakistan would have to seek Indian good wishes. All this is a direct consequence of Islamabad's subservience to Washington, and only in bringing this to an end, can Islamabad hope to regain any semblance of national independence. Also, the decision to build dams must not be left with regionalists, or internationalists, but nationalists.

 

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Et tu, water... —Andleeb Abbas​

Pakistan has one of the lowest agriculture productivity per cubic metre of water in the world. Our cash crops like sugarcane, rice and cotton are all water guzzlers and therefore we really need to question whether it is worth using 97 percent of the water on them

"Only God knows" is the response we receive when we go in search of some extinct natural resource of this country. Energy has already become a lost cause and the negligence of water as a scarce resource is almost assuming criminal proportions. Any resource not taken care of diminishes. Nature has been astoundingly generous to us but the apathy of this nation to all that is good and rare has brought us to the brink of living in a land where creative destruction is the only art unmatched.

In a recent report, water experts from the US have declared Pakistan as a severely water-stressed country and have warned that it may soon be bracketed with Ethiopia and many other famine-driven areas in the world. We are known as the Indus Civilisation but the uncivilised behaviour of its inhabitants has dried up the Indus River into a ditch in many of its traverses. Ninety-two percent of Pakistan is arid or semi-arid and the Indus plain covers only 25 percent of the land, but supports up to 85 percent of our population.

The diminishing quantity of water is a serious issue but the disastrous quality of water is of even graver concern. Out of a population of 170 million, 54 million are without access to safe drinking water, resulting in the deaths of 500,000 babies as a result of waterborne diseases. Two million tonnes of human excreta are produced in cities every year and half of it goes straight into our water bodies that we tap for drinking, cleaning and agriculture.

Ninety-seven percent of the water is used in agriculture and most of it goes waste. Pakistan has one of the lowest agriculture productivity per cubic metre of water in the world. Our cash crops like sugarcane, rice and cotton are all water guzzlers and therefore we really need to question whether it is worth using 97 percent of the water on them. These crops are watered by the traditional flood irrigation method that not only wastes a huge amount of water, but also damages the crops. Drip irrigation methods available in the country have demonstrated that the crops will only get the exact amount of water they deserve. The government has to decide its priorities with regard to water usage. Most of the water for agriculture goes through canals and tube-wells. One-third of the water going through canals gets wasted due to seepage or evaporation. Tube-wells are easy water-providing tools but have a disastrous effect on the water table because they pull up water much more quickly than it can be replaced. The water table drops as much as 1-10 feet annually, but we are digging more and more wells every year. With water bodies melting, rainfall decreasing and the water table dropping, where is the water going to come from?

We need to have a three-pronged strategy, i.e. to use the water we have wisely, fairly and economically at home and in factories. We need to stop polluting our water and, lastly, we need to conserve our water resources so that future generations do not live in a waterless Pakistan the way they are living in an energy-less country.

What we need to inculcate at all levels is to make people understand that no water is wastewater, and that every drop counts. All can be used for various purposes with a reasonable amount of recycling.

Besides agriculture, the major water users are industry and households. Water conservation and management at all levels must be declared mandatory by the government. There should be a national media campaign to create awareness about the issue. In countries like Australia, which have extreme water scarcity, the government has made rainwater harvesting obligatory at household level. Filtered rainwater is used for watering lawns, washing floors, etc. Small steps like refraining from keeping water running while cleaning teeth or taking a bath to wasting scores of litres on washing cars need to be inculcated through school education programmes and other innovative means to make people aware of the importance of the conservation of this precious resource.

Water from industrial usage is not being treated for reuse. Only one percent of industries treat wastewater before discharging it. The toxic water being discharged into our water bodies is causing skin diseases, decline in agricultural productivity, cancer and kidney failure.

Global warming has resulted in the melting of water bodies like glaciers at an abnormal rate, thus creating flooding and almost famine-like conditions in other parts of the country. Another mindset needing a change at all levels is the attitude that the environment is a luxury for the rich and educated. We have seen how mindless building of roads without accommodating tree plantation has actually led to higher temperatures and soil dehydration. With natural water resources being reduced drastically and technology and science not being capitalised for a more efficient use of water, we are limiting our efforts to special Friday prayers to God.

We, as a country, have become 'addicted' to crises. The leadership of the country has diversified skills in producing and living in a permanent state of crisis. A couple of years ago, the economy was on its deathbed and was given an economic cortisone by the IMF. Then the security crisis became unbearable and we ran to the US and 'Friends of Pakistan' to bail us out. The food and energy crisis has been running neck-to-neck alongside and we are looking for some 'exorbitant Chinese' rental solutions to give us an energy breather. And now water is making its presence felt due to its absence. Living in a crisis mode is not sustainable in the long run. It has destroyed the faith of every citizen in the future of this country. The common wisdom is that crisis after crisis can charge the most lethargic of individuals into action. We have seen the will to change gathering pace in the last few years and let us hope that this will becomes strong enough to help us create and walk on the path to change as well.

 

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Water, energy key for economic uplift: FM​

Upadated on: 04 Jul 10 02:58 AM


Staff Report

MULTAN: Foreign Minister Makhdoom Shah Mehmood Qureshi stressed on bringing more sectors under the tax net and suggested documentation and tapping indigenous resources to meet water and energy needs for accelerated economic growth.

He expressed these views while addressing a meeting with industrialists at Multan Chamber of Commerce and Industry on Saturday.

He said that country can not achieve the economic growth it desires unless some inherent structural flaws in the economy are addressed.

He said that today Pakistan and India have issues and problems to address which may last for some more time. But Pakistan would remain adhere to its principled stance, he added.

He said Pakistan and India get water from common source. He added that Pakistan will move to settle the water issue bilaterally in case India tries to stop our share of water in violation of Indus Water Treaty.

And if, bilateral talks failed to address the issue then Pakistan will go for the third party option. The Minister, however, added "we also have to see how we are utilizing the water resources flowing towards Pakistan".

Responding to a question on Pak-Iran gas agreement he said nations do face pressures and difficulties but they resist pressures in pursuit of national goals. SAMAA

 

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Kishanganga arbitration: a clarification​

Sunday, 04 Jul, 2010

ISLAMABAD, July 3: The government on Saturday said talks between Pakistan and India on the Kishanganga arbitration court would not be taking place next week as a date for further negotiations on the river dispute was yet to be finalised.

Kamal Majidulla, the prime minister's Special Assistant on Water Resources and Agriculture, in a statement issued here said if a mutually agreed list of experts to resolve the issue cannot be agreed upon, the two countries will rely upon a single negotiator to reconcile differences with respect to a common list. He was responding to a news report published in Dawn on July 3, titled "Talks for Kishanganga arbitration court on July 6".

In his statement Mr Majidulla has further stated that "there are no major disagreements existing between the ministries or Law & Justice and that of Water & Power" on the manner in which the issue is to be tackled.

"Both ministries are being assisted in this matter by a team of qualified and competent international experts for the formulation of a legal strategy designed to fully substantiate the substance of Pakistans demands and rights on the matter"¦"

While denying any direct involvement of the military in the matter, Mr. Majidulla said there had been many exchanges between all stakeholders on the Kishanganga-Neelum dispute, "but the military command has not involved itself beyond initial recommendations in the appointment of any lawyer to represent our case".

He indirectly confirmed that noted lawyer Faisal Naqvi was not being selected as part of the legal team by stating that "he is not the preferred choice of the team responsible for making decisions".

Mr Majidulla said although it was not a reflection on his competence, "a recognition of the imperative that the best available legal expert needs to be chosen to represent Pakistan in this matter of national importance".

 

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World Bank refuses to fund Diamar-Basha Dam because of disputed status of Balawaristan

{Prior text Snipped} WAPDA official informed the committee that due to objections raised by India over the legal reforms introduced in Gilgit-Baltistan, the World Bank had refused to finance the project.

Editorial in the Nation on the report that the World bank has declined to finance the Diamer Bhasha Dam owing to Indian objections

India conspires again[/quote]

Controversy over Bhasha dam
Leading Pakistan newspaper alleges that following Indian objections over it, the World Bank has refused to extend loan to Pakistan for the construction of Diamer Bhasha Dam, saying the region is a disputed territory. This was disclosed during the meeting of National Assembly Standing Committee on Inter Provincial Coordination on Friday. Pakistan claims that India has expressed objections over the construction of the dam, after which World Bank has refused to extend loan for its construction.

According to sources, the World Bank, sensing complexities in the constitutional status of Gilgit-Baltistan, has refused to release funds for the construction of Diamer Bhasha Dam. The World Bank has offered a loan of Rs 900 billion to Pakistan. Meanwhile, sources confirm that Ministry of External Affairs (MEA) has not objected to the World Bank about construction of the dam but objected to fact that large parts of Jammu and Kashmir are occupied by Pakistan. Finance Ministry which deals with World Bank has also not objected to the dam.

 

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Kishanganga arbitration: a clarification

Kamal Majidulla, the prime minister's Special Assistant on Water Resources and Agriculture, in a statement issued here said if a mutually agreed list of experts to resolve the issue cannot be agreed upon, the two countries will rely upon a single negotiator to reconcile differences with respect to a common list.

That is strange. A 'single negotiator' (probably meant arbitrator) means Neutral Expert in terms of the IWT. Why go back to a NE when already a CoA is being contemplated and vigorously pursued ? After all, the IWT has provisions to constitute a CoA if there is no agreement on mutually agreed list of experts.

Leave that as it may, the Kishenganga issue was eminently suitable for a NE and a NE only IMHO. What are the issues here ? These could be the ones:

• Usual accusation of design specs violations like pondage, spillways, power intake etc. These now have a precedent in Baglihar. No need for a CoA here.
• Whether waters can be diverted from a tributary of Jhelum to another. The Annexure F, Para 12 and Para 15 (iii) of Part 3 of Annexure D is clear about this too. This matter also falls eminently under a NE.
• The issue of 'existing agricultural & hydroelectric use' on the Pakistani side. Per previous point, these also fall under a NE.
• The Indian proposal of drawdown flushing for sediment control. IMHO, this does not need any further discussion. The NE for Baglihar has given guidelines. He has advised both countries to follow modern techniques which were not in vogue in the 50s when IWT was discussed and arrived at. In fact, the NE's verdict is final and binding.

** courtesy SSridhar

 

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Irsa's acting chief calls for opening link canal​

ISLAMABAD: In a unilateral decision, the acting chairman of Indus River System Authority, Shafqat Masud, has asked the Water and Power Development Authority to open Chashma-Jhelum link canal and start releasing 10,000 cusecs through the canal despite opposition from members representing the federal and Sindh governments.

Irsa sources said Sindh's water share had also been increased by 10,000 cusecs to 200,000 cusecs as demanded by the provincial government.

Sources close to the federal and Sindh government members said Mr Masud discussed the issue of opening of the CJ canal with federal member Bashir Dahar who opposed the proposal.

The sources said the acting chairman, who is also Punjab member, had also taken up the matter with the Sindh member on telephone who had also opposed opening of the canal.

The two provinces have been involved in a bitter controversy over the opening of CJ link canal for about six months now.

In February, Sindh's member requested the provincial government that since he had been aggrieved over a majority decision of Irsa in favour of Punjab on CJ opening, he should be called back from Irsa in protest.

The Sindh government did not agree to his request, but registered its protest with the federal government.

Only a day later, the Balochistan government withdrew its Irsa member for supporting Punjab's cause instead of Sindh.

The Balochistan government felt that Sindh would not release Balochistan's water share in case it suffered shortages itself. The decision to withdraw its member was, however, rescinded subsequently.

As the controversy over the CJ canal prolonged, the Punjab government started criticising the Irsa's role as a judicious regulator and claimed that two members from Sindh (a Sindh member and a federal member with Sindh domicile) were instrumental in taking decisions against Punjab's interest because of their majority.

As a result, the Punjab government demanded re-composition of Irsa and threatened to withdraw its membership. Its member started abstaining from Irsa meetings after the threat.

But even before the Punjab member's return to Irsa, Chairman Aman Gul Khattak went on leave for two weeks, extended it for another two weeks and then submitted his resignation on health grounds.

The Punjab government had written to Irsa last week to open CJ link canal by releasing 15,000 cusecs water through it.

A meeting of Irsa, presided over by Punjab member Shafqat Masood considered Punjab's request for opening of CJ last week but was opposed by Sindh and federal members.

It was, therefore, decided through a majority vote to review the water situation after four days and reconsider Punjab's request for opening of CJ canal.

On Tuesday, however, Irsa's acting chairman and member Punjab directed Wapda to release 10,000 cusecs through CJ link canal.

 

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Kishanganga dispute: Pakistan team in Delhi​

ISLAMABAD: A high-level Pakistani team will travel to New Delhi on Tuesday to finalise a court of arbitration (CoA) for adjudication of the Kishanganga hydropower plant being built by India on the Neelum river, allegedly in violation of the 1960 Indus Waters Treaty (IWT).The neighbours have already nominated two arbitrators each and will now together suggest three independent ones to complete the seven-member court.

Under IWT, the independent arbitrators must be experts in water disputes, engineering and law, besides being members of the International Court of Justice (ICJ), World Bank or the Massachusetts Institute of Technology.

Sources in Islamabad said in case of a disagreement, the members will be selected through a secret draw.

Pakistan has already nominated Bruno Simma, a German jurist working with ICJ, and Jan Paulson, a Norwegian from an international law firm. On the other hand, India has nominated Peter Tomka, the Slovak vice-president of ICJ, and Lucius Caflisch, a professor at the Graduate Institute of International Studies in Geneva.

CoA will take up the Pakistani complaint that India was constructing the 330-MW plant by diverting the Neelum river, which will reduce by 16% the power generation capacity of the 969-MW Neelum-Jhelum power project on the same river in Pakistan-occupied Kashmir's Muzaffarabad.

Pakistan maintains the project will cause it a loss of energy worth Rs6 billion a year.

 

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Pak to India: Name neutral umpires​

Sparring between India and Pakistan over the 330 MW Kishanganga hydro-electric project in Jammu and Kashmir continues with Pakistan playing hardball over the constitution of a seven-member bench of International Court of Arbitration.
In an indication of it, Pakistan has sidelined India's invitation to sit across the table in Delhi to finalise the names of three neutral umpires for the arbitration bench. Last Friday, it in turn asked India to first suggest the three names for the neutral umpires, evading direct response to India's invitation for a meeting this week.

Last month, India had invited Pakistan for a meeting in Delhi to finalise the names of three neutral umpires for the bench, which include two arbitrators each already nominated by the two countries.

India, to its displeasure now, finds Pakistan's request for three names for neutral umpires unreasonable as the Indus Water Treaty of 1960 clearly specifies that the Chairman of the Court of Arbitration should be finalised first among the three neutral umpires. Paragraph 8 of Annexure G, which deals with the constitution of the court of arbitration under the treaty, clearly specifies, "In selecting the umpires pursuant to Paragraph 7, the Chairman shall be selected first, unless the parties otherwise agree."Though India is still preparing its response to Pakistan's demand for India to come forward with the suggestions for all three neutral umpires, sources said India was likely to remind Pakistan about the provision of selection of the Chairman for the court of arbitration bench as the first priority as against its demand for all three neutral umpires at one go.

However, given the hardball being played by Pakistan, it appears that both countries are headed for a drawing of lots for the selection of all the remaining three neutral umpires for the arbitration bench.

According to the provisions of the Treaty, the arbitration process began since Pakistan nominated its two arbitrators on May 17. The provisions require that both sides should complete the constitution of the seven-member arbitration bench within 60 days of the start of arbitration process. India nominated its two arbitrators on June 15. Both sides now have time till July 15 to finalise the three neutral umpires.

If disagreements over umpires persist beyond July 15, the selection of the umpires will have to rely on a draw of lots.

 

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Pak to India: Name neutral umpires​

5. The Parties shall endeavour to nominate and maintain a Standing Panel of umpires (hereinafter called the Panel) in the following manner :
(a) The Panel shall consist of four persons in each of the three categories specified in Paragraph 4(b) .
(b) The Panel will be selected, as soon as possible after the Effective Date, by agreement between the Parties
and with the consent of the persons whose names are included in the Panel .

7. The umpires shall be appointed as follows :
(a) If a Panel has been nominated in accordance with the provisions of Paragraph 5, each umpire shall be selected as follows from the Panel, from his appropriate category, provided that the category has, at that time, at least three names on the Panel :
The Parties shall endeavour to agree to place the names of the persons in each category in the order in which they shall be invited to serve on the Court. If such agreement cannot be reached within 30 days of the date on which the proceeding is instituted, the Parties shall promptly establish such an order by drawing lots . If, in any category , the person whose name is placed first in the order so established, on receipt of an invitation to serve on the Court, declines to do so, the person whose name is next on the list shall be invited . The process shall be repeated until the invitation is accepted or all names in the category are exhausted.

(b) If a Panel has not been nominated in accordance with Paragraph 5, or if there should be less than three names on the Panel in any category or if n o person in a category accepts the invitation referred to in Paragraph 7(a), the umpires, or the remaining umpires or umpire, as the case may be, shall be appointed as follows :

(i) By agreement between the Parties .

(ii) Should the Parties be unable to agree on the selection of any or all of the three umpires, they shall agree on one or more persons to help them in making the necessary selection by agreement ; but if one or more umpires remain to be appointed 60 days after the date on which the proceeding is instituted,or 30 days after the completion of the process described in sub-paragraph (a) above, as the case may be, then the Parties shall determine by lot for each umpire remaining to be appointed, a person from the appropriate list set out in the Appendix to this Annexure, who shall then be requested to make the necessary selection.

8. In selecting umpires pursuant to Paragraph 7, the Chairman shall be selected first, unless the Parties otherwise agree.

9. Should either Party fail to participate in the drawing of lots as provided in Paragraphs 7 and 10, the other Party may request the President of the Bank to nominate a person to draw the lots, and the person so nominated shall do so after giving due notice to the Parties and inviting them to be represented at the drawing of the lots .

Well first of all, both the parties have to come to an agreement on four names for each categories of umpires( Para 5(a) of Ann G). That means 12 persons. Probably India had asked Pakistan to discuss this issue and settle the matter of preparation of panel of standing umpires without much fuss. Now that Pakistan has asked India to nominate three names, clearly the whole thing is heading towards Para 7(b). para 7(b)(i) will not be possible as there can be no agreement between India and Pakistan. So matter will move to the stage at para 7(b)(ii).
Most likely Pakistan will not agree to get help from one or more persons to help them (by agreement, so ruled out) in making the necessary selection by agreement.So matter would drag on till 15th July/17th July. Thereafter, it would be a draw of lots to select the person from the list appended to annexure G. For each category one person would be selected to make the selection of three umpires.

In any of the process above , Chairman has to be selected first as per para 8.

Now if any of the parties fail to participate in draw of lots at any stage, the other party can request may request the President of the Bank to nominate a person to draw the lots. It will come to this sometime after July 15th.

India can not expect Pakistan to be reasonable and settle this matter by negotiation. India should not delay execution of the project and rather speed up the work, since funding may not be a problem in view of its strategic importance.India should endeavour to stop any interim order detrimental to the project.

This points to one important factor. India is perhaps ready to believe in faith and trust deposed in Pakistan despite all actions of Pakistan contrary to it but there is a trust deficit primarily on the side of Pakistan, it can not believe any action taken by India. Pakistan should have learnt its lessons well long ago, Kishenganga is a fait accompli.

** courtesy chanakaya.

 

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UN, World Bank may decide on Kishenganga umpires​

New Delhi: With just a week left for expiry of deadline and both India and Pakistan unable to decide on the names of umpires for Kishenganga arbitration, the process seems to be heading for international intervention even as New Delhi has proposed to Pakistan July 12 as a date to settle the umpire issue bilaterally.While both sides named two arbitrators each within the 30 days of initiation of the arbitration process on May 18, they have failed to decide so far on the three umpires, including a Chairman, for the court of arbitration to settle the Kishenganga water dispute. The final date for selecting these umpires is July 16.

Pakistan had "instituted" arbitration proceedings on May 18 on the Kishenganga Hydro-electric Project by appointing Bruno Simma and Jan Paulsson as its arbitrators for the seven-member Court of Arbitration, which is being set up in accordance with the Indus Waters Treaty 1960, the Indian side said while appointing their arbitrators on June 16.

India nominated a judge of the Geneva-based International Court of Justice Peter Tomka and a Swiss international law expert Lucius Caflisch to represent it in the Kishenganga project dispute.

India also invited Pakistan government for consultations on July 5-6 regarding the appointment of three umpires, including a Chairman of the Court of Arbitration, by mutual agreement.

Though Pakistan did not come for the consultations, it proposed exchanging names of umpires, selected by both countries respectively, officials sources said.

However, after legal consultation, India insisted on holding discussion on the selection of the umpires instead of exchanging names, which had a possibility of being vetoed by either country, they said.

With the process appearing to head towards international intervention under which UN and World Bank will select the
names using draw of lots, India yesterday again invited
Pakistan to hold bilateral consultations, with either an Indian team visiting Islamabad or their team coming here, on July 12 to resolve the issue, the sources said.

As per the provisions of the Treaty, if the two countries fail to appoint umpires within 30 days of appointment of arbitrators from both sides, then the two parties prepare a draw of lots and request a "person" mentioned in the Treaty to select the umpire.

While the chairman can be selected by either the secretary general of the United Nations or president of the World Bank, the engineer member umpire can be selected from a lot by president of Massachusetts Institute of Technology or Rector, Imperial College of Science and Technology, London.

The Legal member umpire can be selected from a draw of
lots by either the Chief Justice of the United States or Lord
chief justice of England, as per the provisions of the Treaty.

Pakistan is objecting to construction of 330-MW hydro power plant on Kishenganga, a tributary of the Jhelum in Jammu and Kashmir, and has sought arbitration by the international court under the 1960 Indus Water Treaty.

The court of arbitration route is taken when the issue does not pertain to a technicality and concerns the legal disputes over the interpretation of the Treaty itself.

Pakistan is learnt to have sought legal interpretation on two major parameters concerning the diversion of Kishenganga water for the power project in Jammu and Kashmir.

First, it has sought the legal interpretation of India's obligations under the provisions of the Treaty that mandates India to let the water of the Western-flowing Indus Basin Rivers (Chenab, Jhelum and Indus) go to Pakistan and whether or not the Kishenganga project meets those obligations.

New Delhi maintains that it is within its rights, under the Treaty, to divert Kishenganga waters to the Bonar Madmati Nullah, another tributary of the Jhelum, which falls into the Wullar Lake before joining the Jhelum again.

Pakistan has objected to this, saying India's plan to divert water causes obstruction to the flow of Kishenganga.

 

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Shahbaz toes firm line on water issue​

Updated at: 1505 PST, Thursday, July 08, 2010 ShareThis story

LAHORE: Punjab Chief Minister Shahbaz Sharif said Punjab would not take even drop of water from the share of other provinces; nor will it unjustifiably dole out its share to anyone else, Geo News reported Thursday.

Speaking at Punjab Assembly, he said it was a dictator who sold the water of Pakistan's rivers, adding he is now dead; but, Pakistan and Punjab had to suffer the loss on this count.

'The credit of 1991 Water Accord goes to Nawaz Sharif, who signed the Accord with reconciliation with no word of objection from any province even now,' he remarked.

Sharif stressed, 'Punjab never wants anyone else's water share; nor can we give our share.'

Shahbaz Sharif said Punjab slashed its share in the National Finance Commission (NFC) Award to give to other provinces, adding, 'We will continue to give sacrifices in future as well but with no compromise on water.'

It is unfortunate that other provinces did not play their role for the resolution of water issue, he remarked adding a dictator spawned troubles by thrashing out the Indus River System Authority (IRSA).

Sharif continued however, the then puppet government did not intervene on the Irsa's grappling by the dictator.

The Punjab CM said he would take the House's Committee on water to the PM Gilani and will ensure the safety of Punjab's millions of people.

Speaking on remarks by some MPAs on media yesterday, the CM Shairf said the contribution of media, which did not flinch back from unraveling the truth in dictator's era, cannot be forgot and it was media that showed the world lawyers' movement and struggle of political workers.

It is requested to Lahore House that a code of conduct could be hammered out in consultation with the media, he added.

Many Pakistanis wrongly feel that Pakistan surrendered to India the waters of the three Eastern rivers in 1960. Their argument is along the following lines. On the basis of over fifty years' record the mean flow in Indus River System (IRS) totalled 175 MAF on the eve of Partition of Punjab in 1947. This comprised of 93 MAF including 27 of Kabul for Indus, 23 for Jhelum, 26 for Chenab, 6 for Ravi, 13 for Beas and 14 for Sutlej annually. Out of this 175 MAF, 167 flowed into Pakistan at the time the boundaries of partitioned Punjab were fixed according to the Radcliffe Award . This means that the Indian East Punjab drew only 8 MAF of a total of 33 MAF of water that annually flowed in three eastern rivers Ravi, Beas and Sutlej. It is this 25 MAF that many Pakistanis feel should have been shared between the two countries.

The Pakistanis feel that those who negotiated the IWT on their behalf did not sufficiently press for the sharing of this quantum of water. There are several fallacies, as usual, in this argument. Firstly, leaving aside the claim on the quantum of waters, the arrangement entered into at Partition time was interim in nature until a final agreement could be reached and the provisions of such an interim arrangement were in no way binding on the parties concerned. Secondly, the Indus Agreement was eventually reached in 1960 and in the meanwhile, utilization of the waters of these rivers had grown enormously in the states of East Punjab, Rajasthan and Jammu & Kashmir. To claim the waters on the basis of the flow thirteen years before, when agriculture and economy had been dictated by different circumstances of a united India is patently unfair. In fact, the IWT itself treats water flows and usage based on the situation existing as on Apr. 1, 1960, the effective date of the Treaty. Thirdly, as a lower riparian state, all the unused river waters would naturally flow to Pakistan. This, by itself, cannot bestow any rights on that country and again, a quantum of 80 MAF of water was reaching the Arabian Sea unutilized out of the total flow of the Indus River systems in Pakistan. By the same logic of Pakistan, that quantum of water should also be shared with India then. Last, but not the least, the parts that eventually comprised Pakistan were part of India for millennia. The agricultural and irrigation patterns had been developed keeping in mind the whole. When those parts decided to secede all of a sudden, an argument could not be held against the rest of India that because of its usage of water it needed everything (even if almost half of it was going waste). India needed to develop afresh its command area due to loss of territory and fertile areas.

 

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Resolving Pak-India water dispute​

By Nauman Asghar | Published: July 9, 2010
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The recent press reports suggest that the Indus Water Commissioners of both India and Pakistan have amicably resolved their dispute over the Baglihar Dam in a three-day meeting held on May 30 and June 01 at New Delhi. The process of filling of the dam in 2008, not being in accordance with the Indus Waters Treaty 1960, had adversely affected the flow of water in Chenab. It is also heartening to know that the two countries have for the first time settled the issues of Uri-II (Jehlum) and Chutak hydel power projects in Jammu and Kashmir, at the level of Permanent Indus Commission. But the differences on the design of Kishenganga and Nimoo Bazgoo hydel power plants remain unresolved and Pakistan has decided to approach the International Court of Arbitration in case of the former project.
There is no gainsaying the fact that the Indus Waters Treaty (IWT) has worked satisfactorily for a period of almost five decades, despite wars and prolonged standoffs. The first important issue that arose between India and Pakistan which was successfully resolved under the Treaty was the Indian project of Salal hydroelectric plant on the Chenab River. After protracted negotiations bet-ween the commissioners of the two countries, and also at the level of foreign secretaries, for about four years (December 1974 to April 1978), the matter was amicably resolved. India agreed to make changes in the project design and resul-tantly the Salal Agreement was signed in April 1978.
In contrast, the Wuller Barrage is the most controversial water project. According to the Indian government, the purpose of the barrage is to construct a control structure in order to improve the navigation in River Jehlum during winters for transportation of fruit and timber between Srinagar and Baramula. Pakistan argues that this project is a major breach of IWT and India may undertake its construction only after the design has been approved by it (Pakistan), as its storage capacity should not exceed 10,000 acre feet while the present capacity of Wullar Barrage is 300,000 acre feet. Although India has not abandoned the project, however, the work on the barrage is presently suspended. In addition, the 450-megawatt Baglihar hydroelectric project has remained a thorny issue for long partly because of India's reluctance to provide full information and partly because of Pakistan's inordinate delay. In 2007, Professor Raymond Lafitte of Switzerland, the neutral expert appointed by the World Bank to address the issue between the Governments of India and Pakistan concerning the construction of the Baglihar Dam on the Chenab River, gave his final decision that was binding on both countries. In his decision, Lafitte asserted that the height of the dam, which was being constructed by India, was in contravention of IWT, yet he rejected Pakistan's concerns about the gated spillways. Later, the procedure of filling of the dam gave rise to new concerns that, however, have been addressed at the recent meeting.
The Kishenganga project is located about 160km upstream from Muzzafarabad and involves the construction of a dam in Gurez Valley from which a 22km tunnel dug south through the North Kashmir mountain range will divert the Kishenganga waters to the Wullar Lake at Bandipur. A power house with the capacity of 330MW will be built near Bunkot. After completion, the project is expected to reduce the flow of the Neelum and decrease the power generation capability of Pakistan's proposed 969MW Neelum-Jhelum hydropower project by more than 20 percent. The Neelum-Jhelum project is expected to be completed by 2016.
Pakistan first received reports about India's Kishenganga project in 1988. Subsequent to Pakistan's objections and also keeping in mind the submergence of the entire Gurez Valley because of the height (77 meters) of the dam coupled with environmental concerns, the Indian authorities reviewed the project and converted it to a run-of-river project with a height of 37 meters only. This change would ensure that the storage capacity would reduce drastically from about 174 million cubic meters to under eight million cubic meters, which is less than maximum pondage of 8.87 million cubic meters permissible under the IWT. However Pakistan's concern is that despite changes in the design of this project, it is gross violation of IWT because the water will not be transferred to the same tributary i.e. Neelum, rather the diversion will flush Wullar Lake which is not allowed under the Treaty.
Article III of the IWT grants Pakistan the "exclusive right" over the western rivers and bars India from building any storage or undertaking any man-made obstruction on these rivers to the disadvantage of Pakistan. Annexure-D of the Treaty states: "Where a Plant is located on a Tributary of The Jhelum on which Pakistan has any agricultural use or hydroelectric use, the water released below the Plant may be delivered, if necessary, into another Tributary but only to the extent existing agricultural use or hydroelectric use by Pakistan on the former Tributary would not be adversely affected."
India, on its part, has claimed that the Neelum-Jhelum project came up much after it had first intimated Pakistan about its plans concerning the Kisheng-anga project in 1994. However, Pakistan has remained steadfast on its position claiming that India envisaged the project in late 1980s. Therefore, as per the principle of "prior appropriation", Pakistan's project should be accorded priority.
Pakistan should learn a lesson from the Baglihar issue. It must pursue the judicial remedies available under the IWT to resolve the Kishenganga imbroglio without any demur, so that the peace process could progress on all fronts. Pakistan should also adopt a comprehensive strategy to overcome the impending water crisis which can, to a large extent, be attributed to global warming and mismanagement in the utilisation of water resources

 

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Neelam Jhelum Hydroelectric Project - an environmental disaster​

London, June 28 (ANI): Neelam Jhelum Hydroelectric Project is located near Muzaffarabad, capital of Pakistani Administered Kashmir. It aims to dig a tunnel and divert water of Neelam River from Nauseri, about 41 KM East of Muzaffarabad.

A powerhouse will be constructed at Chatter Kalas, 22 Km South of Muzaffarabad; and after passing through the turbines the water will be released in Jhelum River, about four Km South of Chatter Kalas.

Once completed, the Neelam Jhelum Hydroelectric Project will produce 969 MW of electricity annually at the cost of US 2.16 billion dollars.

This hydroelectric project was formally announced by former Minister Omar Ayub on June 10, 2007. WAPDA selected MWH, a global provider of environmental engineering, strategic consulting and construction services, to provide engineering and construction management services for the Neelam-Jhelum Hydroelectric Project.

It is a joint venture led by MWH and consisting of MWH, Pakistani firms NESPAK, ACE and NDC, and Norwegian firm NORPLAN. The MWH will provide design, make construction drawing preparation and management construction services; and the project will be completed within eight years.

A concrete gravity dam 135 m long and 47 m high will be constructed on Neelam River at Nauseri. The dam is designed for over-topping. The dam will create a head pond of eight million cubic meters, which will allow a peaking reservoir of 2.08 million cubic meters to meet daily peaking of power for more than four hours.

A six gate tunnel intake structure of 280 cumec capacity will be connected with three conventional flushing surface basins installed at their end for taking sediment back into river.

The total length of head race tunnel is 28.5 Km. A 15.1 Km stretch of the tunnel from the Nauseri be constructed as a twin tunnel system each with cross section of 42 Sq.m. The remaining head race tunnel down to the surge chamber will be a single tunnel having cross section of 82 Sq.m. The tunnels are shotcrete lined with a concrete invert.

The tunnel crosses Jhelum River approximately 380 meters below its bed. The tunnel will be accessed by 7 Adits for removal of excavated spoil.

The surge chamber consist of 340 m high riser shaft and 820 m long surge tunnel, four steel lined Penstock tunnels 150 m long and having 3.8 m internal diameter will also be constructed.

The under ground power station will have four units with a total capacity of 969 MW. The power station will be connected with Rawat Grid station (in Pakistan) through 500KV double circuit transmission line.

Overall project cost is estimated at Rs. 130 billion (US 2.16 billion dollars) and Installed capacity 969 MW four units @ 242 MW each

The concrete gravity dam is expected to take eight years for completion. The construction contact was awarded, on July 7, 2007, to M/s CGGC-CMEC consortium China for implementation of the project at a cost of Rs. 90.90 billions.

Government of Pakistan has approved financial arrangement for the project and established Neelam Jhelum Hydropower Company for project implementation

Project envisages acquisition of approx, 2400 kanals of private and State land in the project Area in Muzaffarabad District. Like other projects conceived and completed by the WAPDA in Pakistani Administered Kashmir, this project is also designed to benefit Pakistan at the expense of the local people of Pakistani Administered Kashmir.

Although the work has already started on the project, but as yet there is no written agreement between WAPDA and government of Pakistani Administered Kashmir. This shows what kind of role or influence government of Pakistani Administered Kashmir has over this matter; or any matter related to development, welfare of people and environment.

Unlike WAPDA claims the project will not help the local people in any form or shape. The employment opportunities are for the people of Pakistan or foreign workers. So far only five jobs are given to the local people, which are: chefs, cleaners and watchmen.

Majority of population lives in rural areas and their existence and life largely depends upon forestry, livestock and agriculture.

River water and natural springs are main source for drinking and irrigation of land; and this diversion of river will have serious water shortage, which will make life miserable for the local people.

The project will have very serious impact on environment of the area, as it plays a key role in the configuration of Himalayan ecosystem. Environmental groups have expressed their concerns about prospective environmental hazards on local economy and biodiversity.

Ecologists say the project area has significant conservational importance due to abundant of forests, aquatics life and presence of many species of wild life, which have been declared endangered globally.

The project will also have serious impact on the habitat of various rare species considered on the verge of extinction.

I will also have negative impact on the natural habitat of wildlife. Beauty of this area is enhanced by this river; and this diversion will have serious affect on wild life, weather and beauty of the area.

The river and the beauty of the area attract tourists and provide clean water to the local people and citizens of Muzaffarabad; and this diversion of water will deprive the area of clean water and reduce the Neelam River to 'Nalah Lahi' in Rawalpindi which has dirty water and creates enormous problems for the citizens.

This project, once completed will benefit Pakistan, but local people will not benefit from it in any form or shape. There will be serious economic and environmental consequences for the local people; and their future generations will face very serious economic and environmental problems.nterestingly India also plans to build a dam on the Neelam River which is known as Kishen Ganga on the Indian side of the divide.

Indian plan is to divert water through a 21 KM long tunnel before it enters Pakistani Administered Kashmir; and release the water into Bonar Madumati Nullah - a tributary of the Jhelum River. The diverted water would be used for generating electricity and feeding the Wullar Lake in the process.

In other words, after the completion of this project, the water of Neelam River or Kishen Ganga will join River Jhelum at Bandipore on the Indian side of LOC instead of its present convergence at Domel in Muzaffarabad, Pakistani Administered Kashmir.

Pakistan has serious objections to this project, as they feel this project will reduce flow of water in the Neelam River when it enters Pakistani Administered Kashmir; and it will have severe impact on their project: Neelam-Jhelum Hydro Electric Project.

The government of Pakistan wishes to resolve this issue bilaterally, but there is also talk of invoking the arbitration process enshrined in the Indus Water Treaty of 1960. By Dr Shabir Choudhry

 

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pakistanis are as usual confused or deliberately creating confusion. Its panel of umpires they need to fix and give priority for their appointment.what happened to New Delhi's invitation of talks on July 12th for the same purpose. piglets forget a thing or two on reciprocating invitational calls. intention is clear not to reach consensus.

Pak invites India for talks on Kishanganga project issue on July 13​

Islamabad, July 10 (ANI): Pakistan has invited India for a meeting to discuss the appointment of neutral experts for the controversial Kishanganga hydel power project.

The meeting is scheduled to take place on July 13 in Islamabad, The Daily Times reports.

Both India and Pakistan have agreed on international arbitration over the controversial project in Bandipora District of Jammu and Kashmir.

However, if the two countries fail to reach a consensus during the talks, the experts will be decided by a draw of lots by the World Bank, the United Nations and other international institutions.

Pak, India talks on Kishanganga on July 13

Under the provisions of the treaty, the two countries have to appoint three umpires, including a chairman, before the court of arbitration is set up to decide an issue. India had invited Pakistan to hold consultations on July 5 and 6 to nominate the umpires bilaterally.

But Pakistan suggested that the names of the umpires should be exchanged between the missions of the two countries.

On Wednesday, India once again asked Pakistan for consultations over the issue, saying it was ready to send its representatives to Islamabad.

On Thursday, Pakistan invited India to hold consultations in Islamabad on July 13.

 

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This is one reason pakistan stalling kishanganga project.But india already learnt its lesson from bagalihar case will not stop work at kishanganga during arbitration.Good job GOI

Pakistan plans early completion of Neelum-Jhelum project​

To complete the 969 megawatts (MW) Neelum-Jhelum hydropower project, the federal government has decided to import state-of-the-art equipment worth Rs 8 billion.

Talking to reporters on Sunday, Minister for Water and Power Raja Pervaiz Ashraf directed the Water and Power Development Authority (WAPDA) to expedite work on the Neelam-Jhelum project in order to complete it a year before the scheduled time.

The minister said in order to complete the project on fast track basis, modern equipment and tunnel boring machines worth Rs 8 billion had been imported. "Although the project will cost $2.16 billion, the government has sufficient funds to complete the project," he added.

He said the government had already provided funds for the completion of the project, adding that it was being financed by the Kuwait Fund, the Saudi Fund, the Islamic Development Bank and the Abu Dhabi Funds.

Neelum-Jhelum Hydel Power Project Director Syed Ali Raza told reporters that round-the-clock work was underway on the project.

He said the project was initiated in 2008 and would be completed in October 2015, instead of 2016.

Raza said 3,400 acres of land were required for the project, adding that the government had already acquired 3,200 acres for the purpose.