UN RESTD

Kishanganga River Diversion Proj and Its

Socio-Pol and Eco Impact on Pakistan

Lt Col Muhammad Irfan Naveed

Maj Muhammad Babar Nazar
Maj Tahir Mehmood

CONTENTS
UN RESTD
 ii
UN RESTD

Ser Subj Page No

1. Intro, Aim & Scope 1-2
2. Part – I: Indus Basin Treaty and its violations 3-11

by India to date
3. Part – II: Salients of Kishangana Project and 12-19

Indo-Pak Stance
4. Part – III : Socio-Pol and Eco Eff of 20-21

Kishanganga Proj
5. Part – IV: Concls & Recommendations 22-25
6. Concl 25
7. Anx A: Indus Basin Water Treaty 26-31
8. Anx B: Specs of Kishanganga Proj 32
9. Anx P: Alignment of Neelum River vis-à-vis 33

Loc and Kishanganga Proj Site

10. Anx Q: Loc Map of NJHP 34
11. Bibliography 35

UN RESTD
 1
UN RESTD

Kishanganga River Diversion Proj and its Socio-Pol and Eco

Impact on Pakistan

Intro
1. Water sharing has become a complex and a delicate issue, it is
particularly so in the context of the scarcity of fresh water and it’s ever inc
demand. Despite the presence of a just and intl accepted water distr mech,
sharing of common waters is emerging as a source of conflict b/w the states.
Normally upper riparian states exploit their posn vis-à-vis lower riparian states
and violate the treaties on one pretext or the other. These water based disputes
need serious attn and sincere handling both by the concerned states and the intl
community. Otherwise, same are liable to bring regional instability and spoil inter
state relations.
2. Numerous interim agreements / accords were signed in the pd b/w 1948
and 1960. However, the final treaty concl the long outstanding issue b/w the two
arch rivals was mutually resolved by signing of IWT. The partition of the
subcontinent brought a precarious division of the Indus Basin, placing the upper
reaches of all the rivers with India. This resulted into a water dispute b / w India
and Pakistan as early as 1948, when India stopped irrigation waters in every
irrigation canal which crossed the Indo-Pakistan bdry affecting 1.6 million acres
of irrigated land in Pakistan.
3. Indus Basin Treaty (IWT) was put in place in 1960 under the guidance of
World Bank (WB) to resolve the water disputes b/w India and Pakistan, which
had arisen soon after partition. Despite the fact that the Treaty is in eff for the last
46 yrs, but numerous water disputes b/w India and Pakistan are indicative of the
fact that India is not fol the treaty in true letter and spirit. Indus Basin Water
Treaty gives Pakistan an excl rt over western rivers, but since long India is busy
in dev various projs over these rivers which are in total violation of IWT.
4. Turning a blind eye to the objns raised by Pakistan against the existing
controversial projs like Salal, Baglihar and Wullar barrage over the Western
Rivers, lately India has embk upon another adventure in the form of Kishanganga
UN RESTD
 2
UN RESTD

River diversion proj over Neelum River Kishanganga proj besides having
numerous socio-pol implications for Pakistan; will also affect the power
generation capacity of Neelum Jhelum Hydro Power Proj commonly known as
NJHP which is planned over Neelum River near Muzzafarabad. Hence, there is a
req to study the proj in detail with a view to suggesting a viable future COA.
Aim
4. To study Kishanganga River Diversion Proj in the context of IWT and its
socio-pol and eco impact on Pakistan with a view to suggesting a viable future
COA.
Scope
5. The paper covers fol aspects of the issue:-
a. Indus Basin Water Treaty (IWT) and its violation by India to date.
b. Salients of Kishanganga River Diversion Proj and Indo-Pak stance
on the issue.
c. Socio-Pol and eco eff of Kishanganga River Diversion Proj.
d. Maj concl and Recommandations.

UN RESTD
 3
UN RESTD

PART- I
INDUS BASIN WATER TREATY AND ITS VIOLATIONS BY INDIA
TO DATE

6. Pakistan is one of the few ctys whose sfc water resources entirely depend
on one river sys. The Indus River System serves the world’s largest
contiguous irrigation network. The sys comprises six maj rivers,
namely, the Indus, Jhelum, Chenab, Ravi, Beas and Sutlej. These
all rivers are shared by India and Pakistan. The important terms
frequently ref in the study are defined as under:-
a. Dam. A structure built across a stream or river to retain water. Its
purposes are to meet demands for water for human consumption,
irrigation, or industry; to reduce peak disch of floodwater; to inc aval
water stored for generating hydro-elec power; or to inc the depth of
water in a river so as to improve nav. An incidental purpose can be
to provide a lake for recreation.
b. Spillways. An aux structure which allows the water over and
above the retaining power of dam to spill over it w/o damaging the
structure of dam. A spillway provides a way for excess flood water
flowing into a reservoir to be diverted around the dam.
c. Coffer Dam. A temp dam const, on upstream and downstream of
const site of actual dam, to divert river water into diversion tunnel.
This tech enables complete removal of water from the foundation
and excavate down to a clean, solid base of bedrock, facilitating
const of dam.
d. Diversion Tunnel. A tunnel const to divert the flow of water from
a place upstream of Coffer Dam to a loc downstream from the dam
site.
e. Live Storage. The qty of water aval in a reservoir that can be
utilized for the purpose of water reg.

UN RESTD
 4
UN RESTD

f. Dead Storage. Is the vol of water in a reservoir, which once

stored cannot be reg.
g. Free board. Space lt b/w top of the dam and max water lvl for
safety of the dam.
h. Acre Ft (AF). It is a measure of vol of water which is equal to
1 ft deep water standing on an area of one acre. It is abbreviated as
AF.
j. Cusec. This is the rate of flow of water, which means 1 cubic
ft vol of water flowing through a particular pt in one sec.
k. Water Reg. It is the process by means of which water flowing in
the watercourses is con in magnitude, diverted or both through
various hydraulic structures in accordance with a pre-determined
plan to achieve the desired effs downstream.
l. Under Sluices. Under Sluices are the silt ejectors meant to
release water below the spillway lvl, enabling the use of dead
storage as well.

Indus Water Basin

7. The water dispute b / w the two ctys began just after partition, when India
stopped irrigation waters in every irrigation canal which crossed the Indo- Pak
bdry affecting 1.6 million acres of irrigated land in Pakistan. This abrupt act on
part of our adversary stressed the urgent need for Pakistan to formulate an
agreement with India regarding the future use and distr of water. As a result “The
Inter Dominion Agreement on the Canal water Dispute” was signed b / w the two
Govts at New Delhi on 4th May 1948. After 1948 agreement, a no of accords /
agreements were processed but could not be implemented. In 1952 both parties
apch World Bank for finalization of an agreement b / w the two ctys. On 19th Sep
1960, after eight yrs of intense negotiation, an agreement b / w the two parties

UN RESTD
 5
UN RESTD

was concl in the form of treaty commonly known as “The Indus Water Treaty
1960.
9. The treaty divides the rivers into two cats for alloc to both the ctys. The
description of both cats is as fol:-

a. Western River
(1) River Indus. The mighty Indus has its origin in Tibet. After
meandering through the gorges in Ladakh, it enters Pakistan
opposite Kargil. On transfrontier side there is no maj
hydraulic structure on the river. Water structures on
cisfrontier side are Warsak dam over River Kabul, Terbela
dam, Jinah Barrage, Chashma Barrage, Taunsa, Guddu
Sukkar and lastly Kotri Barrage.
(2) River Jhelum. It originates from a deep spring at
Vernag, about 80 kms south east of Srinagar. It meanders
for about 130 kms north westwards upto Wullar Lake and
then flows westwards emerging from the lake near Sopor.
After its confluence with River Kishanganga (Neelum) near
Muzaffarabad it changes its course of flow to southwardly dir
to join the Chenab River near Trimmu. The total length of the
river is about 725 km. Indians are planning to const a
barrage on this river at Wullar. Kishanganga storage cum
divergent proj is also being const on River Neelum, one of its
tributary, at Kanzalwan.
(3) River Chenab. It is the third longest channel of Indus
Basin River Sys. It has almost its entire catchment area in
Indian Held Jammu and Kashmir south of Pir Panjal. It is 847
miles in length, with max recorded flow at Marala as 1.1
million cusecs in 1926. River span is 1200-3000 ms during

UN RESTD
 6
UN RESTD

wet season and 100-200 ms during dry season. Maj

hydraulic structures on this river are:-
(a) Dul Husti Dam - 8600 AF
(b) Baglihar Dam (under const) - 3,21,000 AF
(c) Salal Dam - 2,27,500 AF
(d) Akhnur Reg

b. Eastern River
(1) River Ravi. Its length is 658 miles with total catchment
area of 4860 sq miles. The max-recorded flows at Madhopur
and Jassar are 9.2 and 6.8 lac cusecs respectively. Maj
hydraulic structures on this river are: -
(a) Chamera Hydropower proj - 90000 AF
(b) Ranjit Saghar Dam (Thein) - 1.9 MAF
(c) Shahpur Kundi Dam - 1300 AF (Planned)
(d) Madhupur HWs - 8000 AF
(Diversion 22800 cusecs)
(2) River Sutlej. It originates from Tibet, it first enters Pakistan
near Sehjra salient then flow back to India and again enters
Pakistan down stream of Hussainiwala HWs. Width of the
river is 100-200 ms in winters and inc upto 900-1000 ms in
summers. Maj hydraulic structures on this river are:-
(a) Bhakara - 583000 AF
(b) Nangal - 350000 AF
(c) Ruper - 350000 AF
(d) Harike - 650000 AF
(e) Hussaniwala - 350000 AF
(3) River Beas. River Beas is the shortest river of the Indus
Basin (467 kms). It originates from Pirpanjal Range. Its
catchment area lies in the South East of the Western
Himalayas adjoining that of River Ravi. It carries more water
than River Ravi because of its comparatively large

UN RESTD
 7
UN RESTD

catchment area which lies in high rainfall Z. It has no maj

tributary. The river joins River Sutlej U / S of Harike HW and
does not enter Pakistan at all. Indians have harnessed this
river completely through hydraulic structures. However, in
very wet yrs some flood water is rel from the river below
Harike. Maj hydraulic structures on River Beas are: -
(1) Pandoh Dam - 33000 AF
(2) Pong Dam - 5.91 MAF
(3) Shah Nehar Barrage

Indus Basin water Treaty

8. At the time of independence, the bdry line b / w the two newly created
indep ctys i.e. Pakistan and India was drawn rt across the Indus Basin, making
Pakistan a lower riparian state. Moreover, two important irrigation HWs, the
Madhopur on River Ravi and the Ferozepur HW on River Sutlej, which were the
maj feeders of irrigation canals of Punjab (Pakistan), were lt in the Indian
territory. A dispute thus arose b / w two ctys regarding the utilization of irrigation
water from existing facilities. Negotiations held under the good offices of World
Bank, culminated in the signing of Indus Waters Treaty on 19th Sep, 1960.
9. The Treaty comprises of a Preamble, 12 Articles and 8 Anxs. The salient
features of the Indus Waters Treaty are:-
a. The treaty sets up the legal regime determining the rts and
obligations of both India and Pakistan concerning the use of the
waters of the Indus Basin. Under the Treaty, use of the rivers
Sutlej, Beas and Ravi, the “Eastern Rivers” has been aloc to Indian
whereas Pakistan is entitled to unrestd use of the rivers Indus,
Jhelum and Chenab, the “Western Rivers”. It is pertinent to pt out in
the context of this dispute that India may only interfere with the flow
of the Western Rivers for the fol uses but with certain restrictions: -
(1) Domestic use.

UN RESTD
 8
UN RESTD

(2) Non-consumptive use (nav, flood con, fishing, wildlife).

(3) Agricultural use.
(4) Generation of hydro elec power.

b. Replacement Works. Ten yrs pd was allowed to Pakistan for the

const of a sys of dams, barrages and link canals to tfr water from
the Western Rivers for irrigation purposes which were earlier met
from the three Eastern Rivers aloc to India. India was to cont del
water to Pakistan in accordance with the sch set out in the Treaty
during this pd. The replacement works incl the fol: -
(1) Two reservoirs, one at Tarbela and the other at Mangla.
(2) Five barrages, incl Chashma over Indus, Rasul over Jhelum,
Marala and Qadirabad over Chenab, and Sidhnai over Ravi.
(3) One syphon – cum – barrage at Mailsi over Sutlej.
(4) Eight link canals, Rasul – Qadirabad (RQL), Qadirabad –
Balloki (QBL), Balloki – Sulaimanki II (BSL), Trimmu –
Sidhnai (TSL), Sidhnai – Mailsi (SML), Mailsi – Bahawal
(MBL), Chashma – Jhelum (CJL), and Taunsa – Panjnad
(TPL).
(5) Remodeling of three link canals, i.e, MRL, BRBDL and
Balloki – Sulaimanki (BSL).
(6) Remodeling of Taunsa, Balloki and Trimmu HWs.
c. Indus Water Commission (IWC). The treaty provided for
setting up permanent IWC, which is composed of two
commissioners, one appt by each cty. Commissions were estb to
resolve disputes. Each cty was asked to keep its facilities open for
mutual insps. This clause serves well as we acquire info on Indian
hydel projs / trg works through our commissioner who visits India at
least once a yr.

UN RESTD
 9
UN RESTD

d. Article IX – Settlement of Diff and Disputes

(1) Any question which arises b / w the Parties concerning the
interpretation of application of this Treaty or the existence of any
fact which, if estb, might constitute a breach of this Treaty shall first
be exam by the Commissions, which will endeavour to resolve the
question by agreement.
(2) If the Commissions does not reach agreement on any of the
questions mentioned above, then a diff will be deemed to have
arisen, which shall be dealt with as follow: -
(a) Any diff which, in the opinion of either Commission, falls
within the purview of the treaty, at the request of either
Commissioner, be dealt with by a Neutral Expert in
accordance with the concerned provision of the treaty.
(b) If the diff does not come within the purview of the treaty or if
a Neutral Expert has info the Commission that, in his
opinion, the diff, or a part thereof, should be treated as a
“Dispute”, the matter is to be ref to a Court of Arbitration as
described in the treaty for settlement.

Violations of Indus Basin Treaty by India to Date

10. Taking adv of those provisions of the Treaty, according to which India is
permitted to use water for domestic and non-consumptive (incl nav), India has
initiated / proposed some controversial projs over the Western rivers. The proj
initiated by India and their current status are discussed below: -

a. River Chenab
(1) Salal Hydro - Elec Proj. The proj is loc 45 miles upstream
of Marala. With low lvl under sluices, India had acquired the
cap to reg the water of Chenab River and thus degrades the
def canals of Pakistan. Both the ctys were able to resolve
the controversy through negotiations in 1978. However,

UN RESTD
 10
UN RESTD

some of the sluices have been plugged with steel plates that
can be mal-op by India.
(2) Baglihar Hydro - Elec Proj. Baglihar Hydro-elect Proj, loc
80 Km upstream of Salal Hydro-Elect Proj, is a run-of-river
hydro-elect plant. Pakistan has objected to the design of
spillway that embodies under-sluice type gated-spillway.
The presence of these under-sluices might cause a shortage
of inflows at Marala HW for about 30 days during lean
months on mal-op of dam by India. The issue is under
resolution at the lvl of Permanent Indus Commission through
neutral expert.
(3) Dul-Hasti Hydro - Elec Proj. Dul Hasti hydro-elect proj
envisages the const of concrete gravity dam upstream of
Baglihar hydro-elec proj. The const of this proj was started in
1991. Presently, the work on powerhouse and tunnel is
under progress. Comparing with the Salal and Baglihar
hydro-elec projs, the effs of this proj on Pakistan are
negligible. However, to discourage India from violating the
Treaty at will, Pakistan has objected to the design of the proj.

b. River Jhelum
(1) Wullar Barrage. Wullar Barrage proj was started by India
in 1985 w / o info Pakistan. The const of the barrage will give
India the cap to reg water in River Jhelum. It will also affect
Mangla Dam to some extent. The work on the proj was
suspended by India in 1987 after strong protest by Pakistan.
(2) Kishanganga Hydro - Elec Proj. The Kishanganga hydro-
elec proj would divert water of Neelum River to Wullar Lake
through a 22 Kms long tunnel. Pakistan has objected to
diversion of water from Neelum to Jhelum River. The Issue
is under resolution at Permanent Commissioner lvl.

UN RESTD
 11
UN RESTD

PART-II
SALIENTS OF KISHANGNAGA RIVER DIVERSION PROJ
AND INDO-PAK STANCE ON THE ISSUE

11. The Neelum River runs along the LOC and enters into the Jhelum near
Domail. Neelum River is called Kishanganga River by Indians. The Kishanganga
Proj envisages diversion of water from Neelum River to dam / power house to be
const on a nullah named Madhumati in Baramula dist Indian Held Kashmir (IHK).
The diverted water will then fall into Wullar Lake through Madhumati Nullah.
Thus, ultimately the water would fall back into the River Jhelum. This diversion
will change the course of River Neelum for around 100 Kms
11. Pakistan came to know in Nov 1988 about investigation work / const of a
tunnel by India on the River Neelum (Kishanganga) in occupied Jammu and
Kashmir. Pakistan lodged a strong protest and demanded info about the
proposed proj and insp of site as permissible under the Treaty. India, info
Pakistan that only investigation works were in hand which warrants no info to be
sup to Pakistan under the Treaty. As the contours of the proj took shape in 1994,
Pakistan drew the Indian attn towards the violations of the Indus Water Treaty
but Indian response was to deny the reports of const. It was during the meeting
of the two commissioners in May 2004, that Indians cfm that they had started
const on some components of the Proj. The proposed dam would be 880-ft high
concrete gravity dam with gated spillway having a storage capacity of 0.18 Million
AF (MAF). Its power house will be const near Bunkot in Indian held Kashmir.

India’s Possible Objs for Undertaking the Proj

12. Fol could be possible India’s objs for undertaking this proj:-
a. To augment water sup in the Wullar Lake to cater for the reqs of the
lean pd.
b. To utilize the hydro elec potential of Jammu and Kashmir for other
states like Punjab, Haryana, Himachal Pradesh, Chandigarh,
Rajasthan and Delhi. Currently only 20 % of the total hydro elec
UN RESTD
 12
UN RESTD

power produced in IHK is being provided to the locals, whereas,

about 80 % is being provided to the neighbouring states. In the
process, interdependence is being created b /w IHK and other
states.
c. Slowly and gradually India wants to achieve water reg cap over
western rivers to the extent that she could use it to her adv against
Pakistan.

Pakistan’s Stance
13. Pakistan is of the view that Kishanganga proj violates IWT. The details are
as fol:-
a. Article (III) of the treaty infers unrestd use of water of the
Western Rivers; the proj imposes the restriction on the use of the
water, as it materially affects the flow of water for more than 100
Kms.
b. According to article (IV) both the ctys had agreed that the
non-consumptive use made by any cty should not materially
change, on acct of such use, the flow in any channel to the
prejudice of the uses on that channel by the other Party. This proj
will reduce the flow of water in Neelum River by 27%, this reduction
in flow will have fol effs:-
(1) It will reduce the NJHP’s power production capacity at
least by 10%, (100 MW).
(2) It will affect the envmt of the valley, as the tidal wave
action of the flow will considerably reduce, thereby affecting
the forests.
c. As per article (V) of the treaty, India was obliged to info
Pakistan about her plan of undertaking the Kishanganga proj before
the start of the work on the proj, but she did not do so.
d. Apart from that Pakistan has also objected on the design of
the dam, it is est that the dam’s storage would be in excess of

UN RESTD
 13
UN RESTD

permissible limit of 100, 000 acre ft, the limit allowed in Anx D of the
treaty.

Objns Raised by Pakistan on Kishanganga River Diversion Proj

14. Kishanganga Hydro Elec Plant is being const by Swedish firm on
Kishanganga River at Malik Kadal near Kanzalwan for Storage – cum – Hydro
elec generation. After entering Pakistan across LOC, the Kishanganga River is
called as Neelum River and joins Jhelum River near Muzaffarabad. Tech it is a
tributary of Jhelum River and const of any hydraulic structure on this tributary
does come under Indus Water Treaty 1960. In Jun 1994, India info Pakistan
about the const of the proposed Kishanganga Storage-cum-Hydro-Elec Proj on
the River Neelum and sup info under para 12 of Anx E to the Treaty. After
examining the info, fol objns were comm to India: -

a. Objn – 1
(1) Objn. The proj contravenes the provisions of para 10 of Anx
E to the treaty which signifies that any storage work to be
const on a tributary of the Jhelum on which Pakistan has any
agricultural use or hydro elec use shall be so designed and
op as not to adversely affect the then existing agricultural
use or hydro elec use on that tributary.

(2) Justification. Pakistan has started const of Neelum-

Jhelum Hydro-elec Proj in Azad Jammu & Kashmir prior to
the planning / investigation of Indian proposed scheme,
which is likely to have adverse affects on this proj, if
implemented by them. It has been est that a shortfall of
about 27% of the Neelum inflow at Nauseri is likely to reduce
the power potential of Neelum-Jhelum Hydroelec Proj.

b. Objn - 2

UN RESTD
 14
UN RESTD

(1) Objn. It incorporates the diversion of flow of one tributary

(Kishanganga) to another tributary (Bonar-Madmati Nullah)
of River Jhelum not provided for in Anx E to the treaty.

(2) Justification. There exists no such provision in Anx E

to the Treaty for diversion of flow from one Tributary to
another Tributary as has been given in Anx D for new run-
off-river Hydroelec Plants. The relevant provisions of Anx D
given at para 15(iii) is reproduced as “where a plant is loc on
a tributary of the Jhelum on which Pakistan has any
agricultural use or hydroelec use, the water rel below the
plant may be del, if nec, into another tributary but only to the
extent that the then existing agricultural use or hydroelec use
by Pakistan on the former tributary would not be adversely
affected”.

c. Objn – 3
(1) Para 11(a) of Anx E
(a) Objn. The storage works shall not be capable of
raising artificially the water lvl in the reservoir higher
than the designed full reservoir lvl except to the
extend nec for flood storage, if any, specified in the
design.
(b) Justification. 4m freeboard has been provided
in the dam. NESPAK has calculated that 1.5 m
freeboard would be sufficient. This addl 2.5 m
freeboard is capable of artificially raising the reservoir
capacity upto 20 M cum, which is 11.5% of the
proposed storage capacity of 173.75 M cum.

(2) Para 11(c) of Anx E

UN RESTD
 15
UN RESTD

(a) Objn. The vol b / w full reservoir lvl and the dead
storage lvl of any reservoir shall not exceed the
conservation storage capacity specified in the design.

(b) Justification. It has provided the poundage of

173.5 M cum in the Operating Pool b/w the lvls 2400
m (Dead Storage Lvl) to 2431 m (Full Poundage Lvl).
As per assessment of PCIW this poundage is far
more than conservation storage capacity specified in
the design.

(3) Para 11(e) of Anx E

(a) Objn. Outlets or other works of sufficient capacity
shall be provided to del into the river downstream the
flow of the river received upstream of the storage
work, except during freshets of floods. These outlets
or works shall be loc at the highest lvl consistent with
sound and eco design and with satisfactory op of the
storage work.
(b) Justification. India has provided gated spillway
to head up the water lvl in the reservoir by which upto
58.95 cusecs flows of the river would be diverted
upstream of the storage work, for power generation
and would not be rel downstream of the same river for
about 7 months when the flows will be 58.95 cusecs
or less.

(4) Para 11(f) of Anx E

(a) Objn. Any outlets below the dead storage lvl nec for
sediment con or any other tech purpose shall be of
the min size and loc at the highest lvl, consistent with

UN RESTD
 16
UN RESTD

sound and eco design and with satisfactory op of the

storage work.
(b) Justification. Two under sluices of 3x4 m size
have been provided with crest lvl at 2380 m with the
capacity to disch 504 cusecs (460 cusecs claimed by
India) with reservoir at full poundage lvl of 2431 m.
Provision of under sluices at 20 m below the dead lvl
is not at the highest lvl as desired by the treaty. This
will enable India excessive storage aval for
manipulation.
(5) Para 11(g) of Anx E
(a) Objn. If a power plant is incorporated in the storage
work, the intake for the turbines shall be loc at the
highest lvl consistent with satisfactory and eco const
and op of the plant and with customary and accepted
prac of design for the designated range of the plant’s
op.
(b) Justification. In order to meet these criteria,
the tech req is to keep the power intake lvl where it
can op satisfactory w/o fmn of vortices by trapping air
i.e to ensure adequate submergence under all
operating conditions. India has fixed sill of intake at
elev 2,394.54 m against dead storage lvl of 2,400.0
m. Using approved design stds, the calc for min
submergence shows that the intake of the power
tunnel can be raised by 2.50 m.

b. Indian Commissioner responded to our objns in Jan 1997 stating

that Design of Kishanganga Plant is strictly in accordance of Anx E
to the Treaty. However, in May 1999 Indian Commissioner info that
some changes were proposed in the design of their proj and he

UN RESTD
 17
UN RESTD

would sup the same on its materialization. A no of meetings were

held after 1999, but no such revised info has yet been sup by the
Indian Commissioner, neither the two commissioners were able to
resolve the issue because of diff of opinion.
c. In 2001-2002 India started the const and work on Power House and
temp diversion tunnel, however no work is being taken up on the
dam segment. Latest progress of const indicates fol status: -
(1) Diversion Tunnel from Gurez to Bandipura. Const taken
up from both ends, 2 km has been const from Gurez side
and 1.5 Km from other side.
(2) Dam at Gurez. No work except prelim works.
(3) Power House near Bandipura. Work not yet started,
foreign engrs are expected shortly.
d. Pakistan’s objns on design of Storage Work / Plant and diversion of
waters from one tributary to another tributary still persists.

India’s Stance
15. The Indian stance on the legality of the proj is that India is allowed to
utilize the water of western rivers for power production under article (III) and Anx
D of IWT. The reasons enunciated are as under:-
a. Kishanganga proj though envisages diversion of some qty of
water from Neelum River through a tunnel into Madhumati Nullah,
but ultimately, this water will fall into Wullar Lake, from there the
water will go into Jhelum River. There is no net loss of water to
Pakistan, hence the proj is legal.

b. It was observed during the tour of insp in Nov 1996 to the

Neelum-Jhelum Valley that there was no evidence of any
investigation work of hydroelec proj on Neelum-Jhelum River.

Latest Dev on the Proj

UN RESTD
 18
UN RESTD

16. So far four rounds of talks have taken place b / w the two ctys on this proj.
Latest round of talks were held in May 08. Though the Indian auths have agreed
to modify the design of this proj but issue still remains unsettled. Because it fails
to address Pakistan’s concern regarding effs of the proj over Neelam-Jhelum
Power Proj at which Pakistan have already spent around a billion rupees.

Neelum Jhelum Hydel Power Proj

17. Near Muzaffarabad, the Neelum River turns sharply toward south and
joins the Jhelum River. This loc has been the focus of studies for past three
decades for dev of power potential of the Neelum River. A 969 Mega Watts (MW)
hydro power can be dev if the Neelum and the Jhelum Rivers were connected by
const a 32 Kms long tunnel. Design and tech specs were finalized in 1997 and
WAPDA sel this proj in 2001 for implementation under its Vision 2025. The est
cost and const time of the NJHP are $1.5 billion and eight yrs respectively.
Pakistan has spent some Rupees 71 million so far on the proj. The proj is of strat
importance as it could protect Pakistan’s pri rts over Neelum waters besides
producing cheap elec.

UN RESTD
 19
UN RESTD

PART-III
SOCIO- POL AND ECO EFFS OF KISHANGANGA RIVER
DIVERSION PROJ

Effs of Kishanganga River Diversion Proj

18. Kishanganga River Diversion Proj is likely to have fol effs:-
a. Effs on Hydro Power Sec. The diversion of River Neelum
will reduce water flow of River Jhelum by 27%. These reductions in
flow will dec the power generation cap of Pakistan’s proposed 969-
MW Neelum-Jhelum hydropower proj by more than 10% or about
100-MW.
b. Agricultural Effs
(1) Neelum is the largest tributary of Jhelum River in Azad
Jammu and Kashmir. Reduction of water will affect the
natural growth having dir bg on cattle farming. Fishing
though done at ltd scale will also get affected.
(2) Reduction of water in Neelum River will affect the ecological
bal in the valley having neg effs on the envmt.

c. Socio-Pol Effs
(1) Kashmir Issue. One of the dimensions of Kashmir issue
is linked to water. Western rivers on which Pakistan have
excl rt originate from IHK. Moreover, India is creating
interdependency b / w Kashmir and her other states by
providing power produced through these controversial projs
to other states which will obstruct the resolution of Kashmir
issue in the long run.
(2) Wining of Hearts and Minds of People. Dev of these
power generation projs in Occupied Kashmir by India will
certainly benefit the inhabitants of area. This will indeed form

UN RESTD
 20
UN RESTD

a stepping stone towards gaining the sympathies of people

and winning their hearts and minds. Conversely, Kashmiri on
home side of LOC will feel that Pakistan could not safe gd
their interests.
(3) Potential Source of Conflict. Although sharing of
river waters is not as pol sensitive as the Kashmir dispute
itself but still according to the analysts, it has the great
potential of becoming inc contentious because the power
and irrigation needs of both countries are growing rapidly.
Such issues are detrimental to the ongoing peace process
as well.

d. Military Effs. Materialization of Wullar Barrage and

Kishanganga River Diversion Proj would give considerable cap to
India to reg water in the Jhelum River. India may use this cap to
flood the Jhelum valley which may damage the brs on the river,
thus eff the mov of tps across the river.

UN RESTD
 21
UN RESTD

PART - IV
CONCLS AND RECOMMENDATIONS
Important Concls
19. Important concls which can be drawn from this study are: -
a. Violation of IWT by India. By diverting the water from
Neelum River and changing the course of that diverted water for
about 100 Kms, India is in violation of articles (III), (IV) and Sec 15
(3) of Pt 3 of Anx D of IWT. Moreover, India has also violated article
(V) by not info Pakistan about her plans of const the proj.
b. Water Based Conflicts Resolution Methodology. Indus
Water Treaty has the provision to settle the controversial disputes
like Kishanganga Proj through a neutral expert or court of
arbitration under arrangements of the World Bank, if the same can
not be settled bilaterally.
c. Pol Effs. Some of the concls related to pol effs are:-
(1) India is dev Kishanganga Proj like many other proj over
western rivers for providing elec to her states other than IHK
as well. By doing this India is creating interdependency b / w
IHK and the other states which is detrimental to resolution of
Kashmir issue.
(2) India has initiated a campaign for winning hearts and minds
of Kashmiris through the dev of hydropower projs in IHK and
portraying Pakistan’s objns to these controversial projs as an
effort to hinder the prosperity of Kashmiris.

d. Mil Effs. On completion of Kishanganga proj in conjunc

with Wullar Barrage India will get ltd water reg cap on River Jhelum.

e. Estb Rts Over Waters of Neelum River. Pakistan needs to

plan and undertake hydroelec proj on Neelum River, so that India

UN RESTD
 22
UN RESTD

does not take the adv of the relevant clauses of IWT and exploit the
Neelum River while in her territory.
f. Monitoring Mechanism Over Western Rivers. In the
absence of any eff monitoring mechanism it is difficult to get the
timely info regarding any Indian adventure over western rivers,
which results in our belated response.

Recommendations
20. Some of the recommendations are as fol:-

a. Adoption of Proactive Strat. Though India has agreed to

address Pakistan’s concerns and modify the design of the proj. But
the issue still remains unresolved. However, If bilateral dialogue
fails, then fol COA is suggested for Pakistan to adopt:-
(1) World Bank. Pakistan should take this issue to World
Bank, which is third signatory of the treaty and is under
legal obligation to assist in the resolution of the issue.

(2) Intl Court of Justice. If World Bank does not succeed in

resolving the issue, then Pakistan will not be lt with any
choice other than to refer the issue to Intl Court of Justice.

b. Monitoring Mechanism on Western Rivers. The

suggested steps in this regard are as under:-
(1) Joint recce over western rivers on six monthly bases
by the reps of both Indus Commissions should be
org.
1. (2) Own int agencies must gear up their efforts to gain max int
on upcoming hydro elec projs and those under const
so as to assist Pakistan Indus Commission in gaining info
regarding any unusual activity on western
rivers.

UN RESTD
 23
UN RESTD

c. Estb Rt Over Water Potential of Neelum River. To estb her rts

on Neelum river, Pakistan must do fol:-

(1) Expdt the const of NJHP.

(2) Pakistan should imed plan more hydroelec projects in AJK

over Neelum River for utilization of entire water
potential of Neelum River.

d. Keep the Issues Alive. With the passage of time, these water
disputes if not pursued actively by Pakistan, will become stagnant
and irreversible, which will benefit India. It is in the interest of
Pakistan to keep diplomatic pressure on India for keeping these
issues alive.
e. Pol Aspects. Fol steps are recommended to offset the pol
effs of the proj:-
(1) Winning World Sp. There is a need to highlt the
india’s intention of creating interdependence b / w IHK and
other Indian states through these projs, to the intl
community. Thus, diplomatic pressure can be applied on
India by convincing intl community that these projs, besides
violating Indus Water Treaty are also having serious pol
repercussions which are detrimental to the ongoing peace
process.
(2) Ctr Propaganda Measures. Pakistan should
launch a two pronged propaganda campaign as fol:-
(a) 1st Prong. This prong dir at the
population of IHK with the theme that India is exploiting
the J&K power potential for the benefit of neighboring
states instead of the dev of peoples of IHK.

UN RESTD
 24
UN RESTD

(b) 2nd Prong. The 2nd prong should be dir at intl

community and India’s sensitivity about her image
should be tgt by projecting her as a state which does
not have respect for the intl treaties like IWT.

f. Vigilance on Indian Water Reg Cap. Pakistan

army must evolve an eff monitoring / vigilance mechanism to obtain
early wng about Indian design w.r.t the water reg. So that sufficient
reaction time is aval for initiating the appropriate response by the
concerned fmns.
g. Environmental Effs. Reduction in flow of Neelum
River coupled with the cutting of trees by the locals in the Neelum
Valley will further aggravate the environmental decay. To minimize
the neg effs and preserve the ecological bal, cutting of trees should
be reduced to bare minimum and locals should be encouraged for
more plantations in the area.
Concl
21. India is in constant violation of IWT and concurrent to the controversial
projs which she is const in IHK, her propaganda machinery is working against
Pakistan so as to malign her image in Kashmir. India wants to win the hearts and
minds of the Kashmiris, through such kind of projs and at the same time portray
Pakistan’s legimate concerns on the proj as an impediment in the prosperity of
IHK.
22. Kishanganga River Diversion Proj will have numerous implications of
varying degree for Pakistan. Pakistan must take all the possible steps to address
this violation by India, so that India is not allowed to violate the Treaty at her will.
Though Pakistan has ltd options to deal with the sit but a vigorous diplomatic
drive can yield the positive results. In this regard all the resources and expertise
of Indus Commission and Foreign office of the cty must be fully utilised to force
the India to engage in serious dialogue for the resolving the controversial issues.

UN RESTD
 25
UN RESTD

Anx - A

INDUS WATERS TREATY 1960 (RELEVANT ANXS ONLY)

Article II
Provisions Regarding Eastern Rivers

All the waters of the Eastern Rivers shall be available for the unrestricted use
of India, except as otherwise expressly provided in this Article.

Except for Domestic Use and Non-Consumptive Use, Pakistan shall be under
an obligation to let flow, and shall not permit any interference with, the waters
of the Sutlej Main and the Ravi Main in the reaches where these rivers flow in
Pakistan and have not yet finally crossed into Pakistan. The points of final
crossing are the following: (a) near the new Hasta Bund upstream of
Suleimanke in the case of the Sutlej Main, and (b) about one and a half miles
upstream of the syphon for the B-D Link in the case of the Ravi Main.

Except for Domestic Use, Non-Consumptive Use and Agricultural Use,

Pakistan shall be under an obligation to let flow, and shall not permit any
interference with, the waters (while flowing in Pakistan) of any Tributary which
in its natural course joins the Sutlej Main or the Ravi Main before these rivers
have finally crossed into Pakistan.

All the waters, while flowing in Pakistan, of any Tributary which, in its natural
course, joins the Sutlej Main or the Ravi Main after these rivers have finally
crossed into Pakistan shall be available for the unrestricted use of Pakistan:
Provided however that this provision shall not be construed as giving Pakistan
any claim or right to any releases by India in any such Tributary.

There shall be a Transition Period during which India shall (i) limit its
withdrawals for Agricultural Use, (ii) limit abstractions for storages, and (iii)
make deliveries to Pakistan from the Eastern Rivers.

UN RESTD
 26
UN RESTD

The Transition Period shall begin on 1st April 1960 and it shall end on 31st
March 1970, or, if extended under the provisions of Part 8 of Annexure H, on
the date up to which it has been extended. In any event, whether the
Transition Period shall end not later than 31st March 1973.

During the Transition Period, Pakistan shall receive for unrestricted use the
waters of the Eastern Rivers which are to be released by India in accordance
with the provisions of Annexure H. After the end of the Transition Period,
Pakistan shall have no claim or right to releases by India of any of the waters
of the Eastern Rivers. In case there are any releases, Pakistan shall enjoy the
unrestricted use of the waters so released after they have finally crossed into
Pakistan: Provided that in the event that Pakistan makes any use of these
waters, Pakistan shall not acquire any right whatsoever, by prescription or
otherwise, to a continuance of such releases or such use.

Article III
Provision Regarding Western Rivers

Pakistan shall receive for unrestricted use all those waters of the Western
Rivers which India is under obligation to let flow under the provisions of
Paragraph (2).

India shall be under an obligation to let flow all the waters of the Western
Rivers, and shall not permit any interference with these waters, except for the
following uses, restricted in the case of each of the rivers, The Indus, The
Jhelum and The Chenab, to the drainage basin thereof: (a) Domestic Use; (b)
Non-Consumptive Use; (c) Agricultural Use, as set out in Annexure C; and (d)
Generation of hydro-electric power, as set out in Annexure D.

Pakistan shall have the unrestricted use of all waters originating from sources
other than the Eastern Rivers which are delivered by Pakistan into The Ravi
or The Sutlej, and India shall not make use of these waters.

UN RESTD
 27
UN RESTD

Except as provided in Annexure D and E, India shall not store any water of, or
construct any storage works on, the Western Rivers.

Article IV
Provisions Regarding Eastern Rivers and Western Rivers

Pakistan shall use its best endeavours to construct and bring into operation
with due regard to expedition and economy, that part of a system of work
which will accomplish the replacement, from the Western Rivers and other
sources, of water supplies for irrigation canals in Pakistan which, on 15th
August 1947, were dependent on water supplies from the Eastern Rivers.

Each Party agrees that any Non-Consumptive Use made by it shall be made
as not to materially change, on account of such use, the flow in any channel
to the prejudice of the uses on that channel by the other Party under the
provisions of this Treaty.

Nothing in this Treaty shall be construed as having the effect of preventing

either Party from undertaking schemes of drainage, river training,
conservation of soil against erosion and dredging, or from removal of stones,
gravel or sand from the beds of the Rivers: Provided that in executing any of
the schemes mentioned above, each Party will avoid, as far as practicable,
any material damage to the other Party.

Pakistan shall maintain in good order its portions of the drainages mentioned
below with capacities not less than the capacities as on the Effective Date: (i)
Hudiara Drain, (ii) Kasur Nala, (iii) Salimshah Drain, and (iv) Fazilka Drain.

If India finds it necessary that any of the drainages mentioned in Paragraph

(4) should be deepened or widened in Pakistan, Pakistan agrees to undertake
to do so as a work of public interest, provided India agrees to pay the cost of
the deepening or widening.

Each Party will use its best endeavours to maintain the natural channels of
the Rivers, as on the Effective Date, in such condition as will avoid, as far as

UN RESTD
 28
UN RESTD

practicable, any obstruction to the flow in these channels likely to cause

material damage to the other Party.

Neither Party will take any action which would have the effect of diverting the
Ravi Main between Madhopur and Lahore, or the Sutlej Main between Harike
and Suleimanke, from its natural channel between high banks.

The use of the natural channels of the Rivers for the discharge of flood or
other excess waters shall be free and not subject to limitation by either Party,
or neither Party shall have any claim against the other in respect of any
damage caused by such use. Each Party agrees to communicate to the other
Party, as far in advance as practicable, any information it may have in regard
to such extraordinary discharges of water from reservoirs and flood flows as
may affect the other Party.

Each Party declares its intention to operate its storage dams, barrages and
irrigation canals in such manner, consistent with the normal operations of its
hydraulic systems, as to avoid, as far as feasible, material damage to the
other Party.

Each Party declares its intention to prevent, as far as practicable, undue

pollution of the waters of the Rivers which might affect adversely uses similar
in nature to those to which the waters were put on the Effective Date, and
agrees to take all reasonable measures to ensure that, before any sewage or
industrial waste is allowed to flow into the Rivers, it will be treated, where
necessary, in such manner as not materially to affect those uses: Provided
that the criterion of reasonableness shall be the customary practice in similar
situations on the Rivers. The Parties agree to adopt, as far as feasible,
appropriate measures for recovery, and restoration to owners, of timber and
other property floated or floating down the Rivers, subject to appropriate
charges being paid by the owners. Except as otherwise required by the
express provisions of this Treaty, nothing in this Treaty shall be construed as
affecting existing territorial rights over the waters of any of the Rivers or the

UN RESTD
 29
UN RESTD

beds or banks thereof, or as affecting existing property rights under municipal

law over such waters or beds or banks.

Article VI
Exch of Data

The following data with respect to the flow in and utilization of the waters of,
the Rivers shall be exchanged regularly between the Parties: (a) Daily gauge
and discharge data relating to flow of the Rivers at all observation sites. (b)
Daily extractions for or releases from reservoirs. (c) Daily withdrawals at the
heads of all canals operated by government or by a government agency,
including link canals. (d) Daily escapages from all canals, including link
canals. (e) Daily deliveries from link canals.

Article VII
Future Co-operation

The two Parties recognize that they have a common interest in the optimum
development of the Rivers, and, to that end, they declare their intention to co-
operate, by mutual agreement, to the fullest possible extent.

Article IX
Settlement of Differences and Disputes

Any question which arises between the Parties concerning the interpretation
or application of this Treaty or the existence of any fact which, if established,
might constitute a breach of this Treaty shall first be examined by the
Commission, which will endeavour to resolve the question by agreement.

If the Commission does not reach agreement on any of the questions

mentioned in the Paragraph (1), then a difference will be deemed to have
arisen, which shall be dealt with by a Neutral Expert. If the Neutral Expert has
informed the Commission that, in his opinion, the difference should be treated
as a dispute, then a dispute will be deemed to have arisen.

UN RESTD
 30
UN RESTD

As soon as a dispute to be settled has arisen, the Commission shall, at the

request of either Commissioner, report the fact to the two Governments, as
early as practicable, stating in its report the points on which the Commission
is in agreement and the issues in dispute, the views of each Commissioner on
these issues and his reasons therefore. Either Government may, following
receipt of the report, or if it comes to the conclusion that this report is being
unduly delayed in the Commission, invite the other Government to resolve the
dispute by agreement. A court of Arbitration shall be established to resolve
the dispute.

UN RESTD
 31
UN RESTD

Anx B

SPECIFICATOINS OF KISHANGANGA PROJ

1. Gen Specifications

Loc Village Kralpore near Bandipore in Baramulla District of Jammu

& Kashmir
Capacity 330 MW (3 x 110 MW)
Annual 1350 MUs (in a 90% dependable year)
Generation
Cost US $ 1 billion
Beneficiary J&K, Himachal Pradesh, Punjab, Haryana, Uttar Pradesh,
States Uttaranchal, Rajasthan, Delhi and Union Territory of Chandigarh
Tariff Rs. 2.50 / kWh (November 2005 Price Level)
2. Tech Specifications

UN RESTD
 32
UN RESTD

Diversion 37m high, Concrete Face Rockfill Dam Anx P

Structure ALIGNEMAENT OF
Water Conductor 5.4m dia, 8 km long Horse Shoe shaped followed by 5.2m dia
NEELUM RIVER AND
System 16 Km long, Circular sahped Head Race Tunnel
Surge Shaft 15m dia, 100m high Restricted Orifice type LOC OF
KISHANGANGA
Pressure Shaft 3.5m dia, 998m long, trifurcating into 2.1m dia horizontal
PROJ SITE
branches
Power House Underground, with 3 units of 110 MW each, Pelton Wheel
Turbine

UN RESTD
 33
UN RESTD

Tunnel = 22 km Long

Neelum or
Kishanganga River

Dam Site Wullar Lake

Madhumati Nullah

LOC

Jhelum River

Muzzaffarabad

UN RESTD
 1
UN RESTD

Anx Q

LOC MAP OF NEELUM JHELUM HYDRO POWER PROJ

UN RESTD
 35
UN RESTD

UN RESTD
 35
UN RESTD

BIBLIOGRAPHY
1. http://wrmin.nic.in/, the official site of Indian Ministry of Water Resources.
2. http://www.pakissan.com/english/watercrisis/kishanganga.dam.shtml
3. Strategy for dev, conservation and utilization of water resources of
Pakistan, prep by Pakistan Council of Research in water resources.
4. www. galaxy science health and environment. com.
5. Indian energy sec. http://static.teriin.org/energy
6. 330 MW Kishanganga Hydropower Proj: Pakistan to make a last ditch
effort by Khalid Mustafa Daily Times Friday, November 04, 2005
http://www.dailytimes.com.pk
7. Kishanganga Dam — another set of failed water talks By Aamir Kabir
http://www.pakissan.com/english/watercrisis/index.shtml
8. Neelum-Jhelum hydel proj By Engr Akram Khan Dawn, 10 Jan, 2005
http://servedby.advertising.com/click/site=8481/bnum=83208017
9. http://www.nhpcindia.com/english/KISHANGANGA.htm.
http://www.tribuneindia.com/2004/20040427/biz.htm
10. India-Pakistan Dialogue Under Congress Govt by Fahmida Ashraf
http://www.pakissan.com/english/index.htm
11. Indus Waters Treaty 1960 http://www.waterinfo.net.pk/abtwg.htm

UN RESTD