A five-member Pakistani delegation came to National Hydroelectric Power Corporation (NHPC) headquarters in  Jammu’s Kishtwar to inspect power projects set up on the rivers covered under the Indus Water Treaty (IWT) of 1960. 

• It is the first such visit since Jammu & Kashmir’s special status was scrapped in 2019.

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• Pakistan and neutral experts from the World Bank to inspect two hydroelectric power projects under the IWT
  1. 850 megawatts (MW) Rattle hydroelectric power project site at Drabshalla 
  2. 1,000 MW Pakal Dul project on river Marusudar 
• Both these projects are over a tributary of the Chenab river

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Dispute Resolution Mechanism Under Indus Water Treaty  

• Article 9 of the treaty: It outlines a dispute resolution process, breaking it down into three categories: question, differences and disputes.
  • Step 1: Under it,  “questions” raised by both sides can be resolved at the Permanent Commission, or can also be taken up at the inter-government level. 

• • Step 2: In case of unresolved questions or “differences” between the countries on water-sharing, such as technical differences, either side can approach the World Bank to appoint a Neutral Expert (NE) to come to a decision. 
  • Step 3: And eventually, if either party is not satisfied with the NE’s decision or in case of “disputes” in the interpretation and extent of the treaty, matters can be referred to a Court of Arbitration.

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About Indus Water Treaty

The Indus Water Treaty (IWT) was signed by former Prime Minister Jawaharlal Nehru and then President of Pakistan, Ayub Khan in 1960.

• The treaty sets out a mechanism for cooperation between India-Pakistan over the Indus System of Rivers.
• 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.

Salient Provisions of The Indus Water Treaty

• Water Allocation: 
• • The three ‘western rivers’ (Indus, Jhelum and Chenab) went to Pakistan and the three ‘eastern rivers’ (Sutlej, Ravi and Beas) were portioned to India.
  • However, India is permitted to use the waters of the Western Rivers for:  Domestic Use,  Non-consumptive use,  Agricultural use as specified, Generation of hydro-electric power. 
• Establishment of Permanent Indus Commission: It established a Permanent Indus Commission which served as a forum for exchange of information on the rivers, for continued cooperation and as a first stop for resolution of conflicts.
• India’s Storage Right Over Western Rivers: India is allowed to have a minimum storage level on the western rivers – meaning it can store up to 3.75 MAF of water for conservation and flood storage purposes.
• Exit Provision: IWT does not have a unilateral exit provision and is supposed to remain in force unless both countries ratify another mutually agreed pact.
• A transition period of 10 years was permitted in which India was bound to supply water to Pakistan from Eastern Rivers.
  • During this period Pakistan was required to build the necessary canal system for the utilisation of the waters of Jhelum, Chenab and the Indus itself, as allocated to it under the Treaty.

Challenges

• Growing Demand of Water: As per observers, the Indus Water Treaty,  became a source of dissatisfaction between the two countries with growing demand for water.
• River Basin lies in the Conflicted Region: The western rivers flow through the conflicted region of Jammu and Kashmir.
• Terrorism:  In the aftermath of the attack on J&K’s Uri army camp in 2016, the Indian Prime Minister had said, “Blood and water cannot flow simultaneously”.
• Global Warming: Impact of global warming is impacting availability of water and that is making the ‘Rights versus Needs’ debate shriller. Regional climate change is reducing the flow in the rivers located in the IRB4.
• Credibility crisis for India upon Abrogation of IWT:  The unilateral abrogation of the IWT will definitely have a bearing on the credibility and as such on future negotiations

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Way Forward

• Dialogue and Cooperation: India and Pakistan should engage in regular communication and exchanges of information can help build trust and resolve issues amicably.
• Dispute Resolution Mechanism: Both countries should utilise the existing dispute resolution mechanisms outlined in the treaty, such as the Permanent Indus Commission.
• Technical Expertise: Utilising the expertise of water management professionals and experts can aid in effectively managing the shared water resources. 
• Environmental Considerations: Both India and Pakistan should consider sustainable water management practices, including the conservation and restoration of river ecosystems.
• Confidence-Building Measures: Implementing confidence-building measures  such as joint initiatives, information-sharing, and visits between water management officials to promote transparency and collaboration.

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