Water Conflicts:

Case of Indo-Pak and IWT 1960

Gains and Losses
Criticism and Threat
 International Basins and Conflicts
 History of Indus Water Treaty 1960
 Main Articles of IWT 1960
 Criticism and Threats

2
 Mighty-Indus
The Indus, with its five main tributary rivers,
comprises one of the great river systems of the world.
Its annual flow is twice that of the Nile, and three
times that of the Tigris and Euphrates combined; it
amounts to almost 170 million acre-feet, or enough
water to submerge, to a depth of one foot, the whole
area of France.
The World Bank, 'Indus Water Treaty' [1960]

3
Rivers
 263 international basins
Riparian Nations and states/provinces
 Indus—Between 2 countries/different states

International Basins
 Mekong—about 6 nations

 Nile—shared by 10 nations

 Niger — about 7 nations

 Danube—shared by 17 EU nations

 Jordan—4 nations

 Trigris and Euphrates—3 countries

 Murray-Darling—4 Australian states

 Colorado—7 US states

 Yangtze—about 11 states of china

 Ganga — 9 states of India

© NASA
5
6
7
8
9
10
11
12
13
14
15
16
17
18
21
22
23
Conflicts and Treaties
1. Egypt, Ethiopia and Sudan wrangle over access to the
rivers that feed the Nile
2. Turkey and Iraq fight over dams on the Tigris (‫دجلة‬ Dijla).
3. Israel and its Arab neighbours fight over access to waters
of the Jordan River.
4. India and Pakistan over IRS

1. 42 acute disputes in last 50 years (30

involved Israel, violence which ended in
1970)
2. 400 treaties negotiated and signed
3. 507 conflict events reported
Wars and Water Diplomacy
 During Viet Nam War (Cambodia, Laos,
Thailand, Viet Nam) set up Mekong Committee
 Israel and Jordan held secret talks about the
Jordan River during the 1950s that lasted until a
peace treaty was signed in the 1990s
© stock.xchng

 Indus Water Treaty survived 2 major wars of

1965, 1971 apart from several fights such as
Kargil debacle.
 African Negotiations

 All 10 Nile basin riparian countries negotiate

basin development despite fiery rhetoric and
skirmishes

 Southern Africa river basin agreements were

made even during apartheid and civil wars

© GRID/UNEP
Talks time and Treaties
 the Jordan 40 years
 the Ganges 30 years
 The Indus 10 years between Indo-Pak and
50+ years between WAA
 Water Conflict in Subcontinent
1. Pakistan-an arid nation with an average
rainfall of under 240 mm a year.
2. Economic prosperity depends on an
annual influx of 180 BCM into the IRS.
3. Water flows from the neighboring
countries and is mostly derived from
snow-melt in the Himalayas/J&K.

28
29
History of conflict and IWT
 The Indus river system has been used for irrigation
ever since civilization took root in the area….Mohen
jo Daro-Harappa.
 The water disputes too date back to the pre-partition
era, when there were significant inter-state
differences between Punjab, Sindh, Bahawalpur and
Bikaner.
 Most of the upper reaches of the Indus basin lie in
India, J&K-making Kashmir bone of contention.
 After India was divided-1947, the water disputes
emerged between West Punjab of Pakistan and East
Punjab of India.
30
Division and Water Conflict
 Lands on the West i.e. Pakistan were fertile and the
British developed the Indus Basin irrigation system
 On April 1, 1948, India stopped the supply of water to
Pakistan from every canal flowing from India/J&K to
Pakistan.
 Pakistan protested and India finally agreed on an interim
agreement on May 4, 1948.
 This agreement was not a permanent solution; therefore,
Pakistan approached the World Bank in 1952 to help
settle the problem permanently.
 Negotiations were carried out between the two countries
through the offices of the World Bank.

31
32
33
 INDUS WATER TREATY 1960

The Treaty has worked well and withstood wars and

tensions, though some on both sides feel it is unfair
to them. However, the fact is that the IWT enabled
both sides to get on with the responsibility of settling
refugees following the Partition and lay the
foundations for the Green Revolution that followed.
Pakistan built Tarbela and Mangla and India Bhakra,
Nangal and Pong.

B.G. Verghese, senior Indian journalist

34
Nehru signed on behalf of India, Ayub Khan on behalf of
Pakistan, and William Iliff, the vice-president of the World
Bank, on behalf of the Bank after 10 years of hardwork.
 The IWT at a Glance
1. 12 Articles & 8 Detailed Annexures
2. No Sunset/Expiry date
3. 10-year Transition Period
4. Water Sharing
5. Divides Indus River System into Eastern
Rivers & Western Rivers
6. Types of Uses
7. Agricultural, Domestic, Non-
Consumptive, Generation of HEP

36
12 Articles
I. Definitions and types of uses
II. Provisions regarding Eastern Rivers
III.Provisions regarding Western Rivers
IV. Provisions regarding Eastern and Western Rivers
V. Financial Provisions
VI.Exchange of Data
VII. Future Cooperation
VIII.Permanent Indus Commission (PIC)
IX.Settlement of Differences and Disputes
X. Emergency Provision
XI.General Provisions
XII. Final Provisions
37
8 Annexures
A. Exchange of Notes Between the Governments of India
and Pakistan
B. Agricultural use by Pakistan from Certain Tributaries of
the Ravi
C. Agricultural use by India from the Western Rivers
D. Generation of HEP by India on the Western Rivers
E. Storage of Waters by India on the Western Rivers
F. Neutral Expert
G. Court of Arbitration
H. Transitional Arrangements

38
 World Bank and IWT
1. The Indus Waters Treaty was signed in 1960 after nine years
of negotiations between India and Pakistan with the help of
the World Bank, which is also a signatory.
2. The negotiations were the initiative of former World Bank
President Eugene Black. Seen as one of the most successful
international treaties, it has survived frequent tensions,
including conflict, and has provided a framework for irrigation
and hydropower development for more than half a century.
3. Former U.S. President Dwight Eisenhower described it as
"one bright spot ... in a very depressing world picture that we
see so often."
 How the Treaty works
1. The Treaty sets out a mechanism for cooperation and information
exchange between the two countries regarding their use of the rivers,
known as the Permanent Indus Commission, which has a
commissioner from each country.
2. The Treaty also sets forth distinct procedures to handle issues which
may arise: “questions” are handled by the Commission; “differences”
are to be resolved by a Neutral Expert; and “disputes” are to be
referred to a seven-member arbitral tribunal called the “Court of
Arbitration.” 
3. As a signatory to the Treaty, the World Bank’s role is limited and
procedural. In particular, its role in relation to “differences” and
“disputes” is limited to the designation of people to fulfill certain roles
when requested by either or both of the parties.  

40
 PREAMBLE
The Government of India and the Government of Pakistan, being equally desirous of
attaining the most complete and satisfactory utilization of the waters of the Indus
system of rivers and recognizing the need, therefore, of fixing and delimiting, in a
spirit of goodwill and friendship, the rights and obligations of each in relation to
the other concerning the use of these waters and making provision for the
settlement, in a cooperative spirit, of all such questions as may hereafter arise in
regard to the interpretation or application of the provisions agreed upon herein, have
resolved to conclude a Treaty in furtherance of these objectives, and for this purpose
have named as their pleni-potentiaries:

The Government of India:

Shri Jawaharlal Nehru Prime Minister of India,
and
The Government of Pakistan:
Field Marshal Mohammad Ayub Khan, HP, H.J., President of Pakistan,

who, having communicated to each other their respective Full Powers and having
found them in good and due form, have agreed upon the following Articles and
Annexures:- …

41
Types of Uses
• Article I (9):
Agricultural Use
• Irrigation

• Article I (10):
Domestic Use
• Drinking, washing, bathing, … stock and poultry, etc.
• Household and municipal purposes
• Industrial purposes

• Article I (11):
Non Consumptive Use
• Navigation, floating of timber/property, flood protection
• Fishing, wildlife or other like beneficial purposes
42
 Division of the Rivers
Article III Provision of Western Rivers
Western Rivers • Unrestricted Use by Pakistan
• India can use them for:
• Domestic Use
Western Rivers 79.5% • Non Consumptive Use
1. Indus • Agricultural Use Kishanganga –
2. Chenab • Generation of HEP Jhelum
Ratle-Chenab
3. Jhelum

Article II Provision of Eastern Rivers

Eastern Rivers • Unrestricted Use by India
• Pakistan can use the water for:
Eastern Rivers 19.5% • Domestic Use
• Non Consumptive Use
1. Ravi
2. Satluj
3. Beas
43
Article VIII Permanent Indus Commissioner
• Commissioner for Indus Waters on either side
• High-ranking engineer – Hydrology and Water-use
• Representative of the Government for IWT Matters
• First stage for Dispute Settlement
• PIC to meet at least once a year-November, or as agreed

• Article VIII (4): The purpose and functions of the

Commission shall be to establish and maintain co-
operative arrangements for the implementation of
this Treaty, [and] to promote co-operation between
the Parties in the development of the waters of the
Rivers …
44
Dispute Settlement Mechanism (Art. IX)

Three-stage dispute settlement:

1.Permanent Indus Commission (Question)

2.Neutral Expert (Difference)
3.Court of Arbitration (Dispute)

45
 Baglihar Difference (Neutral Expert)
1. Based on Indian proceeding to build the 450 MW Baglihar
Dam on Chenab in J&K.
2. Pakistan approached the World Bank to appoint a Neutral
Expert in January 2005.
3. Prof. Raymond Lafitte (Switzerland) was appointed as the
Neutral Expert.
4. “The rights and obligations should be read in the light of new
technical norms and new standards as provided for by the
Treaty.”
5. Determination:
1. Peak discharge of design flood same as India’s research;
2. Gated spillways allowed for Baglihar;
3. Height of gated spillway approved (as designed by India);
4. Lowered the height of the freeboard above Full Pondage Level;
5. Increased the height of the Dead Storage Level;
6. Raised the intake level. 46
 Kishenganga Dispute (Arbitration)
1. Pakistan filed a request for arbitration on the 17th of
May, 2010.
2. Based on the diversion of waters from the Kishenganga
for the construction of the Kishenganga Hydro-Electric
Project (KHEP).
3. Court headed by Judge Stephen M. Schwebel
(Chairman).
4. Award:
1. India is allowed to divert the waters, but must maintain a
minimum flow below KHEP into Pakistan: This minimum
flow was set at 9cumecs (cubic metres/second).
2. India may not employ drawdown flushing of the KHEP
reservoir so as to deplete the reservoir below Dead Storage
Level. 47
Break

48
 Comment
In his article ‘War or Peace on the Indus’ Briscoe
states,

“If Baglihar was the only dam being built by India on

the Chenab and the Jhelum, this would be a limited
problem. But following Baglihar is a veritable caravan
of Indian projects – Kishanganga, Sawalkot, Pakadul,
Bursar, Dul Hasti, Gypsa … The cumulative storage
will be large, giving India an unquestioned capacity to
have major impact on the timing and flows into
Pakistan.”
49
Comment
“There is no provision which expressly authorizes India to
construct a certain number of dams. Neither is there one that
prohibits India from making dams beyond a certain number.
Clearly, therefore, the number of dams that India wishes to
construct on the Western Rivers is an issue outside the
scope of the treaty … The treaty is a regulatory framework
giving technical specifications. It is confined to these
technicalities and does not address the substantive decision
of the number of dams that the Indian government may wish
to construct.”

Ahmer Bilal Soofi, Dawn, April 10, 2010

50
Article XII:
Procedure for Termination of the IWT
1. The IWT cannot be unilaterally terminated.
2. According to Article 12 (4), a new treaty needs to
be drafted and mutually ratified by both India and
Pakistan to this effect:

Article XII Final Provisions

(4) The provisions of this Treaty … shall continue in force
until terminated by a duly ratified treaty concluded for that
purpose between the two Governments.

51
 Article V Grants and Loans
Supplementary
Original Grant Supplementaty Original Loan to
Country Currency Loan to Pakistan
(1960) Grant (1964) Pakistan (1960)
(1964)

Ten yearly
India GB£ 62,060,000
instalments

Australia A£ 6,965,000 4,667,666

Canada Can$ 22,100,000 16,810,794

West Germany DM 126,000,000 80,400,000

New Zealand NZ£ 1,000,000 503,434

United Kingdom GB£ 20,860,000 13,978,571

United States US$ 177,000,000 118,590,000 70,000,000 51,220,000

90,000,000 58,540,000
IRDC Bank US$ (in various currencies) (in various
inc interest] currencies)
 INDUS BASIN PROJECTS
DAMS
i) Terbela on River Indus.
ii) Mangla on River Jhehlum

NEW BARRAGES
i) Chashma Barrage on River Indus
ii) New Rasul Barrage on River Jhehlum
iii) New Marala Barrage on River Chenab
iv) Qadirabab Barrage on River Chenab
v) New Sidhnai Barrage on River Ravi
vi) Mailsi Syphon on River Sutlej
53
 What the IWT Does Not Cover
1. Climate change;
2. Pollution and environmental degradation;
3. Safeguards for environmental/minimum flows;
4. Provision for an increase in population;
• ↑ Population = ↑ Demand
5. The dams that may be built under the IWT:
a) Their number; b) Their locations;
6. Unilateral revocation of the IWT;
7. Sindh- the end user of IRS
8. Escapages to the Sea to save Indus Delta
54
IWT: Criticism and Threat

55
 Indian Critics of IWT
1. While the treaty may be hailed by the international
community as an example of ideal conflict
resolution, the munificence of India was
unmistakable in signing the IWT. With 80 percent
of the water going to Pakistan and 20 percent to
India, the treaty was an unfair settlement that was
foolishly accepted by the Indian negotiators under
Nehru.
2. There have been several calls by the state to
scrap the IWT. In the year 2003, a unanimous
resolution was passed by J&K state assembly
calling for the abrogation of the IWT. Respecting
the sentiments of the people of J&K, India can
abrogate the IWT, signalling to the world that it is
not business as usual with Pakistan.
3. Conventional wisdom peddled by many
strategic commentariat caution that
unilateral abrogation of the IWT will result in
international condemnation, and India will
lose its ‘high moral ground’.
4. Whether Pakistan likes it or not, India is the
upper riparian state and has a range of
options to control the flow of water. We can
use existing structures to retain or divert
waters and, in the process, inflict limited
hardship on Pakistan.
5. While the waters of Indus cannot be
stopped or diverted instantly and India
cannot inflict immediate punitive action on
the Indus front, abrogation of the IWT can
be a short-term symbolic gesture and a
long-term substantive measure for
countering the Islamic Terrorist State of
Pakistan.
Can India unilaterally revoke IWT?
India has no legal competence under the treaty to revoke it
per se on its own. Article 12(4) of the treaty entitles the
termination of the treaty only if both India and Pakistan
agree in writing. In other words, a termination treaty has to
be drafted by both states and then ratified by both, to bring
the IWT to an end. The treaty has no provision for unilateral
“suspension”. It is of an indefinite duration and was never
intended to be time-specific or event-specific.
The IWT is not regime-specific — but rather state-specific. It
will not expire with regime change. It is binding on both the
states equally and offers no exit provision. Walking away
from a treaty is in effect its breach … In other words what
India will call “revocation or withdrawal”, Pakistan will refer
to as a “breach”. 59
India-Afghanistan: Damaging
Kabul Water for Pakistan

Afghanistan’s authorities with the help of Indian

experts have completed the feasibilities and
detailed engineering of 12 hydropower projects
with capacity to generate 1,177MW of electricity
to be built on the river Kabul. If the 12 projects
get completed, they will store 4.7 million acre feet
of water squeezing the flow in the river reaching
Pakistan.

60
 IWT: Different Approaches

1. Engineer’s View India does not violate the IWT

by constructing dams so long as it meets the
technical specifications.
2. National Security Analyst’s View It enhances
India’s capacity to use water as a weapon.
3. Legal View To raise the issue of using water as a
weapon, don’t invoke the IWT Mechanism.

61