Harnessing gigantic hydro power potential of Indus, Jhelum and Chenab

rivers in India
N. Sasidhar
Introduction:
The Indus Waters Treaty (IWT) between India and Pakistan is followed to use water from the Indus System of Rivers comprising of Indus,
Jhelum, Chenab, Ravi, Beas and Sutlej rivers. The water available in Indian part from the Ravi, Beas and Sutlej rivers (called eastern rivers)
can be fully utilized by India without subjected to any restriction. The water available in India from the Indus, Jhelum and Chenab rivers (called
western Rivers) can be used for irrigation in limited area only in the basins of western and eastern rivers. However diversion, regulation and
control of western rivers flow by India for harnessing hydro power potential is permitted fully in any manner except the restrictions imposed on
creating the intra basin live storage capacity of reservoirs/dams. Additionally, domestic and non-consumptive water uses of western rivers are
not constrained for inside the basin uses. IWT considers the Gaghar, Luni, Saraswati, Aji Nadi, etc river basins located in Himachal Pradesh,
Punjab, Haryana, Rajasthan and Gujarat as part of Indus basin area. These rivers are either joining the Indus River on its left bank side with
occasional water flow or flowing directly into the creeks of Indus River. The critical analysis (Annexure-1 of this paper) of IWT provisions found
that ITW is not a major detriment to harness the full potential of western rivers’ water in India. In fact IWT is a potential peacekeeper along the
border line between India and Pakistan (s. no.15 of Annexure-1) when its provisions are effectually utilized by India. Though Pakistan objects
to every project India is taking up on western rivers, India has not yet objected (s. no.17 to 21 of Annexure-1) till now to Pakistan’s violations of
IWT for causing material damage to India and unlawfully exploiting/mining the ground water from its Ravi and Sutlej basins located on the
upstream of final crossing points into Pakistan whose waters are allocated to India for its exclusive use. The yearly average water inflows in
western rivers are around 95 billion cubic meters (bcm) in India. The yearly average flow in Chenab River is around 25 bcm and Jhelum River
with another 10 bcm and rest from the Indus River. This conceptual paper explains how most of the water flowing in the Indian part of western
rivers can be diverted by envisaging long gravity tunnels to the eastern rivers for harnessing huge hydro power potential (nearly 541 billion
kWh / year by 104,000 MW) without violating the IWT stipulations. It is proposed to overcome the live storage restrictions on western rivers by

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using pumped storage schemes (PSS) to store adequate Indus River water on nearby catchment area of land locked lakes (Tso Moriri,
Pangong, etc) which are located outside the basins of the western rivers. It is also proposed to construct a 1,300 km long navigation canal
from the coastal town Kandla in Gujarat to Yamuna River near Delhi for benefitting from cheaper water transport of imports and exports from
North India. As there is IWT restriction to use western rivers water for agriculture, the available water from the Indus River is proposed for full
use in transforming the dry lands of Punjab, Haryana, Rajasthan and Gujarat into aqua culture ponds under the permitted non-consumptive
uses. It is estimated that the entire proposed infrastructure cost is nearly US$ 250 billion. However, the export value of the aqua culture
produce alone (15 million tons/year or US$ 30 billion/year) is adequate to pay back the debt in a decade even the entire project cost is met
from foreign funds. This paper also explains the plan to achieve full irrigation potential with water supply throughout the year in Jammu &
Kashmir state by using the water yield from the catchment areas of Pangong lake, Tso Moriri lake, Tso Kar lake, Startsapuk Tso lake and
Sutlej river without violating the IWT stipulations.

Indus and middle Chenab rivers water transfer to Beas river via Ravi river:
Water of Indus river and its tributary Shyok river would be diverted to Chenab river to generate 25,500 MW hydro power. The combined waters
of Indus and middle Chenab rivers are transferred to the Ravi river basin to generate 6,500 MW hydro power. This water is further transferred
to the Beas river basin to generate 1,250 MW additionally. All the inter river transfer links are accomplished by a network of gravity tunnels.
The details of this scheme are given below:

1. From Shyok tributary of Indus river (location 34° 52’ 57” N & 76° 48’ 53” E at 2800 m MSL) to Indus main river (location 34° 34’ 41” N &
76° 31’ 43” E at 2790 m MSL) connected by a 45 km long tunnel. (Refer Google Earth for more clarity)

2. From Indus main river (location 34° 34’ 41” N & 76° 31’ 43” E at 2790 m MSL) to Gangyur Kur River (location 34° 29’ 11” N & 76° 6’ 13”
E at 2775 m MSL) in the upstream of Kargil barrage connected by a 17 meter diameter and 48 km long gravity tunnel. (refer WRIS
Geo-Visualization map)

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 The adjacent left side Dras river/tributary water (location 34° 32’ 33” N & 75° 59’ 09” E at 2780 m MSL) can also be transferred to the
Gangyur Kur River at 2775 m MSL connected by a 11 km long gravity tunnel to augment the water supply.
The adjacent right side Wakha Rong river/tributary water (location 34° 29’ 29” N & 76° 12’ 39” E at 2915 m MSL) can also be transferred
to the Gangyur Kur River at 2775 m MSL connected by a 13 km long gravity tunnel to augment the water supply.

3. From the above Gangyur Kur River at 2775 m MSL to Chenab river basin (location 33° 58’ 23” N & 75° 30’ 49” E at 2750 m MSL)
connected by a 17 meter diameter and 80 km long gravity tunnel.

4. From the above Chenab river basin (location 33° 58’ 23” N & 75° 30’ 49” E at 2750 m MSL) to the downstream Chenab river basin
(location 33° 14’ 37” N & 75° 39’ 09” E at 2715 m MSL) connected by a 17 meter diameter and 100 km long gravity tunnel. This tunnel
purpose is to route the water to the power house. A 25,500 MW hydro electric station is planned using nearly 1795 meters head while
releasing the water at 920 m MSL in the downstream Chenab river to generate 91.22 billion kwh electricity annually with the available
water (23 bcm @1785 cumecs) from the Indus river.

Though there is no technical requirement of using the water transport by one tunnel, it reduces the cost of the hydro power generation
by having all the power generation capacity at one location to select very high head and very large capacity turbine set exceeding 1000
MW. The 100 km long tunnel located at higher elevation is also envisaged to supply irrigation water by gravity (after recovering hydro
power potential) at various points/streams in the adjacent Jhelum river basin of Kashmir valley. It is also possible in future to extend this
tunnel further from both ends by 200 km long smaller size gravity tunnels to girdle the entire Kashmir valley which is surrounded by a
continuous mountain range in circular shape. This garland tunnel (total 300 km) located at higher elevation can be used for supplying
irrigation water to the high lands in the Chenab river basin also which are located on the outside slopes of the circular mountains.

5. From Chenab river (location 33° 8’ 47” N & 75° 47’ 41” E at 920 m MSL) to Ravi river basin (location 32° 36’ 17” N & 75° 48’ 29” E at
898 m MSL) connected by a 19 meter diameter and 64 km long tunnel. From this point water is released into the Ranjit Sagar reservoir
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 at 500 m MSL. The available water head of 398 meters is harnessed by locating a 6,500 MW capacity hydro electric power station to
generate 24.6 billion kwh electricity annually with the available water (28 bcm @ 2100 cumecs) from the Indus and Chenab rivers.

6. From Rangit Sagar reservoir in Ravi river basin (location 32° 25’ 35” N & 75° 48’ 55” E at 500 m MSL) to Beas river basin (location 32°
10’ 15” N & 76° 1’ 59” E at 485 m MSL) connected by a 19 meter diameter and 35 km long tunnel. Nearly 75 m head is available for
1250 MW power plant with 4.64 billion kwh generation in a year by feeding water to the Maharana Pratap Sagar reservoir (location 32°
4’ 75” N & 76° 1’ 51” E at 410 m MSL) with the use of 28 bcm @2100 cumecs Indus and Chenab rivers water.

The entire water transfer scheme from Shyok/Indus/Chenab river to the Beas river requires total seven water diversion dams/barrages only
with five in Indus river basin and two in Chenab river basin whose storage capacity would be fixed complying with IWT stipulations applicable
for power storage works/dams or run of the river (RoR) power plants. Thus Indus and middle Chenab rivers water is diverted @ 2100 cumecs
(28 bcm) to the Beas basin (another 27.5 bcm Indus river water with PSS).

The above scheme (pink color lines as shown in Figure A) is consisting series of 350 km long tunnels to transfer water from Indus and middle
Chenab waters to eastern rivers. The planned power generation capacity is 33,250 MW at three locations one each in Chenab, Ravi and Beas
river basins. The annual electricity generation is of the order of 120.47 billion kwh of value Rs 48,184 crores at Rs 4 per kwh. Excluding the
irrigation benefits, the revenue from power generation alone is worth of investing nearly Rs 337,300 crores on this scheme.

The total length of 350 km tunneling can be achieved by deploying nearly 35 tunnel boring machines (TBM) to dig 10 km/TBM on average and
complete the scheme in a period not exceeding 7 years from the investment approval date. The total rock/earth excavation involved is nearly
150 million cubic meters or 375 million tons. All the tunnels would be dug following latest tunneling practices like Sequential Excavation Method
(SEM). Refer link https://tunnelingonline.com/advanced-technologies-help-overcome-tunneling-challenges-save-time-money/ for information on
SEM. Also the new methods/technology being followed by China in construction of lengthy tunnels shall be examined and adopted for

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completing the tunneling at the earliest. Refer link “China constructing 600 km tunnel network to funnel Yangtze river water to Yunnan
province” https://www.gokunming.com/en/blog/item/4038/china_considering_plan_to_make_xinjiang_desert_a_new_california

Tunneling methodology:
Conventional water tunnels: These are generally less than 40 km long straight or curved tunnels. The tunneling can be done from both ends by
two tunnel boring machines to reduce the construction time. The tunnel is given downward gradient towards its ends to facilitate natural
drainage. The average work pace of a TBM is up to 400 meters per month depending on the encountered soil/rock strata.
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Long water tunnels inside hill ranges: These water tunnels are planned inside the continuous hill ranges at required elevation to transport water
to cross the multiple intermittent high level ground/ridges where open canal is found very lengthy, time consuming and costly. These tunnels
need not be in straight path and follow curved path wherever required to maintain the minimum required depth under the varying surface
topography of the hill range. These long continuous tunnels are constructed simultaneously by multiple TBMs, deploying one machine for each
10 kms tunnel length, to complete the entire tunneling works within 5 to 7 years. These water tunnels can be two types.

 Elevated tunnel: The tunnel bottom level is located above the level of outside foot hills along the total tunnel length. Thus natural water
drainage from the tunnel is feasible without the chance of getting flooded during the construction.

 Underpass tunnel: The tunnel bottom level is located below the local ground level along the total tunnel length. Thus natural water
drainage from the tunnel is not available and adequate artificial drainage by installing pumps to each segment of the tunnel is required.
There is possibility of tunnel flooding in case of unanticipated situation when available pumping capacity is not adequate.

To start the main tunneling activity, access tunneling works are to be completed first from the nearby foot hills to reach the designated main
tunnel intermediate locations. The access tunnel may also serve the main tunnel drainage or separate drainage tunnel of adequate capacity is
constructed. By using the access tunnel, the required cavity/void in the main tunnel portion is to be excavated to make room for assembly of
the tunnel boring machine. The access tunnel shall be of adequate size to transport the largest part of the tunnel boring machine to assemble
the tunnel boring machine inside the cavity/void. Sometimes the tunnel boring machine is assembled in a trench outside the hill range and
proceed to the designated location of the tunnel to carry out the main tunnel works if found economical. In this case there is no need of access
tunnel for the access of work force and material, muck/tailings evacuation, ventilation, power supply, water drainage, etc. Each access tunnel
is used for assembly of two number TBMs which will bore the tunnels in opposite direction. After the commissioning of main water tunnel, the
access/drainage tunnels are used for drawing water by gravity from the main tunnel for local use.

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In case of underpass type tunnel, additionally there shall be reliable artificial water drainage system and safe evacuation system for the work
force in case of tunnel flooding by providing dedicated workmen access/evacuation tube with water tight double doors (two meter diameter
steel pipe along the tunnel length at its top level suitable to withstand possible outside water pressure). The deployed TBM and other major
machinery shall be designed to withstand water submergence without undergoing major damage. The safety features incorporated to protect
the work force would be better than the safety features available to millions of miners, subjected to same occupational risks, working regularly
in underground mines.

Sometimes the water tunnel is located deep inside the very high mountains (ex: Himalayan mountains up to 5000 m MSL) with snow cover,
rarified atmosphere, inaccessible by road and the access tunnel length exceeding 10 km, then the Primary Access & Drainage Tunnel (PADT)
is planned parallel to the water tunnel at slightly lower elevation and safe distance. PADT will be excavated from multiple points with the help
of Auxiliary Access Tunnels (AAT) with their starting point located on the mountain slopes at higher elevation near to the path of PADT.

The 80 km long proposed underpass tunnel segment feeding water from Indus river basin to the Chenab river basin is the most critical part of
the entire scheme as the tunnel is passing under the wide and tall mountains. The water tunnel is proposed to be completed within 60 months
from the commencement of first two TBMs assembly. Minimum 6 tunnel boring machines are considered with tunneling pace of 0.4 km per
month/machine and 6 months assembly time for each TBM. The first two TBMs start working from both ends/sides of the tunnel.
Simultaneously by drilling and blasting method, PADT construction is also taken up at a pace of 1 km per month from both ends at a safe
distance but at slightly lower elevation to facilitate water drainage from the water tunnel. Thus natural gradient is available for the seepage
water evacuation from the water tunnel via PADT to natural drain. The PADT size is just adequate (5 meters width and 8 meters height) for
transporting biggest single part of the TBM to be placed at intermediate points of the water tunnel by road trucks in addition to meet the space
needs of water drainage piping, muck removal conveyors, power supply, etc from all intermediate locations of the water tunnel. AATs would
also serve for providing ventilation to the water tunnel and the PADT.

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It may happen that the actual work progress of the water tunnel and the PADT are not found satisfactory within few months due to presence of
hard rock strata, etc. More intermediate points of main tunnel would be selected to deploy additional TBMs to finish the total work in time. For
this purpose, adequate AATs will be started from elevated locations along the PADT path to complete it at required pace from multiple
locations. Thus depending on the difficulties encountered, adequate TBMs are put into service to complete the job within 60 months. In case, a
working TBM is struck up for long time due to unstable geological condition, additional TBM will be put into service from a nearby point with the
help of PADT for not prolonging the water tunnel completion schedule. After completing the water tunnel works, the PADT will be transformed
into a road tunnel for public transport. Following same methodology, other tunnels can also be completed within 5 years to match with the
hydro power station construction schedule. The total power requirement for one TBM operation is approximately 25 MW without the need of
much diesel fuel or explosives which are produced from costly and imported crude oil.

The essence of above tunnel construction methodology is to deploy maximum number of tunnel boring machines (one for each 10 km length)
simultaneously and complete the total tunnel works in 5 years irrespective of the tunnel length. Thus very large water transfer projects mostly
with tunneling works can be planned and constructed economically within unprecedented time schedule by the machinery without deploying
large work force. The electricity produced by the hydro power station in a year by avoiding delays is five times more than the cost of required
additional TBMs. Every year, the quantity of ores/coal/minerals extracted in India from underground mines exceeds 500 million tons and the
mined material is transported hundreds of kilometers for utilization. The rock/earth excavation and transportation (nearly 75 million tons per
year) involved in the proposed tunneling projects is achievable without major problems. Moreover, there is scope of reducing the tunneling
costs drastically with more and more exposure and experience as the learning curve is in the initial phase and more water tunnels are to be
created inside many of Indian mountain ridges for interlinking the Indian rivers in future. Past tunneling experience and data gained on the J&K
mountains under Kishenganga, Dul Hasti and other projects is also useful for this scheme.

Compliance with IWT:

Though irrigation water use from the western rivers is limited to specified acreage in India, Indus Water Treaty (IWT) between India and
Pakistan does not restrict India from using all the available water in western rivers for hydropower generation, domestic use and non-
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consumptive uses like fish culture. Per Article I of IWT, Indus river basin area is not only located in J&K state but also in Himachal Pradesh,
Punjab, Haryana, Rajasthan and Gujarat states. Koree Creek of Great Rann of Kutch and Hadakiya Creek of Little Rann of Kutch located in
India are part of Indus Main as the Indus river water is flowing into these creeks to reach the sea during Indus river floods and are thus
hydraulically connected with Indus River. Any river draining into these creeks becomes a tributary of Indus River per Article I of IWT. Many
rivers whose waters in the natural course are directly or otherwise flowing into Indus Main in India and not named as separate rivers in IWT,
are deemed to be tributaries of Indus River. Thus Gaghar river with its basin area spread in Himachal, Haryana, Punjab and Rajasthan states
is a tributary of Indus River. Similarly, the desert streams in Barmer, Jaisalmer and Bikaneer districts of Rajasthan state, are connected
hydraulically / flowing into the Indus Main on its left bank side are part of Indus river. The Luni river flowing into Koree Creek is also part of
Indus river. Also the Saraswati, Rupen, Aji Nadi, etc rivers draining into Hadakiya Creek are tributaries of Indus river. Since IWT permits the
Indus river water fully for domestic and fish culture uses, vast area of dry lands in Punjab, Haryana, Rajasthan and Gujarat states can be
converted into fish ponds to consume nearly 55 BCM of Indus River water. Fish culture consumes water similar to irrigated agriculture in the
form of evaporation and seepage losses.

Also there is no restriction to transfer western rivers water to the eastern rivers or other rivers for the development of hydro power. There is no
limitation to store the western rivers water outside their basin areas. The water of a western river can be taken outside its basin area to another
river basin and brought back if required. It is not compulsory to let flow western rivers water into Pakistan from India. Most of contentious
issues in IWT are analyzed in detail in Annexure-1 given at the end of this paper. The previous interpretations of IWT provisions by Permanent
Court of Arbitration (PCA) and neutral expert (NE) are also considered in this analysis. The gist of the IWT terms applicable to India with
respect to various water uses and water storage restrictions are given in Table A below. To harness fully the water available in India from the
Indus system of rivers, it is found that the IWT restrictions applicable to India are not major hurdles and can be overcome economically with the
latest technological solutions. In violation of the IWT provisions, already Pakistan has constructed many barrages and river training works on
Sindhu/Indus river to harm India materially as explained at s. no 17 to 20 of Annexure-1. Also ground water use/mining is taking place violating
provisions of IWT in Pakistan’s Ravi and Sutlej basin areas which are allocated to India for its exclusive use. The gist of the conclusions is
presented in the Table A given below:

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 Table A: River basin wise permitted water uses in India by IWT
Water Agriculture use Domestic uses Non-consumptive Run of River (RoR) Power generation with Flood
generat (municipal and uses (navigation, power generation use storage works control and
ed in industrial uses) floating of property & protection
the timber, fishing & fish storage
basin of culture and wild life
the river protection uses.)
Inside Outside Inside Outside Inside the Outside Inside Outside Inside Outside Inside the
the the the basin the basin the the basin the Basin the basin the Basin basin
basin Basin Basin Basin
Indus 70,000 Nil use @Unlimite nil use @Unlimited nil use Unlimited Unlimited Unlimited Unlimited nil
acres but d use with but use with but use with use with use within use with
with 0.25 unlimited limited unlimited limited unlimited limited limited limited unlimited
maf storage conservati storage conservatio storage pond pond 0.15 maf storage.#
limited permitte on storage permitte n storage permitte storage storage power
general d d d but but storage
storage unlimited unlimited but
surcharge surcharge unlimited
storage storage surcharge
storage
Jhelum 400,000 Nil use Unlimited nil use Unlimited nil use Unlimited Unlimited Unlimited Unlimited Limited to
acres but use with but use with but use with use with use within use with 0.75 maf
with unlimited limited unlimited limited unlimited limited limited limited unlimited Flood
limited storage conservati storage conservatio storage pond pond 0.25 maf storage.# storage and
0.5 maf permitte on storage permitte n storage permitte storage storage power not located
general d d d but but storage on Jhelum
storage unlimited unlimited but Main river
surcharge surcharge unlimited
storage storage surcharge
storage
Chenab 225,000 6,000 Unlimited nil use Unlimited nil use Unlimited Unlimited Unlimited Unlimited nil
acres acres in use with but use with but use with use with use with use with
with 0.5 Ravi limited unlimited limited unlimited limited limited 1.2 maf unlimited
maf basin but conservati storage conservatio storage pond pond limited storage.#
limited unlimited on storage permitte n storage permitte storage storage power
general storage d d but but storage
storage permitte unlimited unlimited but
d surcharge surcharge unlimited
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 storage storage surcharge
storage
Eastern Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited
rivers use use use use use use use use with use use with storage
including including including limited limited
in in in pond power
western western western storage on storage on
rivers rivers rivers western western
basin basin basin rivers rivers
Other Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited
rivers use use use use use use use use with use use with storage
including including including limited limited
in in in storage on power
western western western western storage on
rivers rivers rivers rivers western
basin basin basin rivers
Refer Annexure-1 for detailed analysis;

Western Rivers: Jhelum river basin, Chenab river basin and Indus river basin taken together per Article I (6).

@Indus river: Indus river basin also includes Ghagar, Luni, etc river basins in Himachal Pradesh, Haryana, Punjab, Rajasthan and Gujarat
states which are draining into Pakistan or Great Ran of Kutch (Koree Creek) or Little Ran of Kutch ( Hadakiya Creek). 70,000 acres new
irrigated agriculture only is permitted in the basin with 0.25 million acre feet (maf) general storage. Additionally 0.15 maf (maximum 0.40
maf) storage can be built for domestic and non-consumptive water uses. The water storage already created before 31 March 1960
(effective date) and the storage under construction at the time of effective date is excluded from permitted live storage in Annexure E of
IWT. Additional irrigated agriculture is possible by the imported water from other river basins outside the Werstern Rivers.

# But s.nos. 8g, 21 and 22 of Annexure E are applicable per Annexure D(1).

Chenab river: Panjnad river located in Pakistan is part of Chenab river per Article I (3).

Eastern Rivers: Sutlej, Beas and Ravi river basins taken together per Article I (5).

Other rivers: Adjacent rivers to the western rivers basins such as Pangong lake basin rivers, Tso Moriri lake basin rivers, Narmada,
Chambal, Yamuna, etc.

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Other feasible water transfer schemes:
It is also feasible to transfer most of the available water flows in Jhelum river basin, remaining water flows in Indus and Chenab river basins to
the eastern rivers as explained below. Also water yield in the Pangong, Tso Morirri lakes, etc can be transferred to the Indus, Chenab and
Jhelum rivers for use in agriculture in the J&K and HP states as explained later.

Upper Chenab and Zanskar rivers water transfer to Ravi river:

Zanskar river is a tributary of Indus river and joins the Indus river on its left side at 3100 m MSL near Leh town. Its basin area is located
between Indus and Chenab basins. It has substantial catchment area with good water yield from its glaciers and monsoon rainfall. A tall dam
with FRL 3500 m MSL near location 33° 47’ 8” N & 76° 50’ 50” E at 3355 m MSL is feasible for diverting most of the water of Zanskar river (5
bcm annual flow @ 308 cumecs) to upper Chenab river at 33° 15’ 51” N & 76° 10’ 31” E at 1790 m MSL for power generation by connecting
back waters of the reservoir with a 75 km long tunnel (black color lines in Figure A). Another 2.0 bcm @ 123 cumecs (explained later) is also
available in the Zanskar river by diverting water from the Tso Moriri, Tso Kar and Startsapuk Tso catchment areas. The hydraulic head
available is nearly 1680 m with 7.0 bcm annual flow @ 431 cumecs. The power station capacity is 5777 MW with 26 billion kwh annual
electricity generation.

A dam is proposed near Naunut (location 33° 19’ 13” N & 75° 59’ 31” E at 1610 m MSL) with FRL 1770 m to divert upper Chenab river water to
the adjacent Ravi river basin by a 79 km long gravity tunnel to reach the end point (32° 41’ 15” N & 76° 1’ 41” E) at 1730 m MSL. From this
point water is released into the Chemera reservoir /dam (location 32° 39’ 43” N & 76° 1’ 33” E) at 775 m MSL. The available water head of 955
meters is harnessed by locating 7,021 MW capacity hydro electric power station to generate 31.65 billion kwh electricity annually with the
available water (15 bcm @ 924 cumecs) from Chenab (10 bcm @ 616 cumecs) and Zanskar rivers (5 bcm @ 308 cumecs).

From Chemera reservoir (location 32° 39’ 43” N & 76° 01’ 33” E at 775 m MSL), water (15 bcm @ 924 cumecs) is further transferred to the
downstream Rangit Sagar reservoir (location 76° 1’ 41” E & 75° 48’ 55” E at 500 m MSL) with the available water head of 260 m for a 1911
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MW power plant with 8.62 billion kwh generation in a year. The tunnel starts at location 32° 36’ 25” N & 76° 0’ 45” E at 775 m MSL and
terminates at location 32° 32’ 33” N & 75° 52’ 49” E at 770 m MSL with a length of 15 km.

From the Rangit Sagar reservoir in Ravi river basin (location 32° 25’ 35” N & 75° 48’ 55” E at 500 m MSL), total water (15 bcm @ 924 cumecs)
is further transferred to the Beas river basin connected by a 35 km long tunnel. Nearly 75 m head is available for 550 MW power plant with
2.49 billion kwh generation in a year by feeding water to the Maharana Pratap Sagar reservoir (location 32° 4’ 75” N & 76° 1’ 51” E at 410 m
MSL) with the use of 15 bcm @924 cumecs Indus and Chenab rivers water.

The value of 68.76 billion kwh hydro electricity generated in a year by 15,260 MW capacity power stations at four places is nearly Rs 27,504
crores at Rs 4 per kwh and the affordable investment is nearly Rs 192,528 crores.

Diverting Lower Jhelam and Lower Chenab river water to Ravi river:
Most of the Jhelum river water in India is available (location 34° 8’ 57” N & 74° 9’ 33” E at 1475 m MSL) at downstream of Lower Jhelum hydro
power plant. A diversion wier/dam is needed at the downstream of Lower Jhelum power plant to divert most of water available up to 617
cumecs. The FRL of the RoR power plant’s dam is to be fixed by selecting suitable dead storage to facilitate satisfactory water diversion
without the need to release water into the downstream Jhelum river.

The Jhelum river water available from the location (34° 8’ 57” N & 74° 9’ 33” E at 1475 m MSL) can be transferred by a series of gravity tunnels
to the upstream of Salal dam across the Chenab river. There is feasibility of a 4,650 MW hydro power station when 10 bcm @ 617 cumecs of
Jhelum river water is released into the Salal hydro power project reservoir at 490 m MSL with available hydraulic head of 945 meters. The
hydro power station will have a potential to generate nearly 20.89 billion kwh electricity annually. The total length of main tunnels (11 meters
diameter) is nearly 135 km to feed water into the Salal reservoir (location 33° 10’ 45” N & 74° 47’ 49” E). These tunnels also supply irrigation
water in Jhelum and Chenab basins and also collect water from the streams of these rivers by constructing pick up dams across the streams.

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Another series of gravity tunnels of 120 km length (15 meters diameter) starting at 490 m MSL from backwaters of Salal dam across Chenab
river, carry the combined waters of the Jhelum and Lower Chenab rivers to a location at 455 m MSL close to the Shapurkandi dam (under
construction) with FRL at 380 m MSL. A hydro power station is feasible with available 75 m head when the 20 bcm @ 1232 cumecs water joins
the Ravi river in the upstream of Shapurkandi dam (location 32° 23’ 35” N & 75° 40’ 51” E at 380 m MSL). The hydro power station of 735 MW
capacity has potential to generate nearly 3.31 billion kwh electricity annually. These tunnels also supply irrigation water in Chenab and Ravi
basins and also collect water from the streams of these rivers with the help of pick up dams across the streams. Since the tunnel is also
passing in the catchment area of Devak Nadi / Basantar river in Ravi river basin after crossing the Chenab basin, storage reservoirs/dams can
also be constructed as per IWT.

Thus this scheme (blue color lines in Figure A) consisting of nearly 255 km long main tunnels, transfers nearly 20 bcm waters of Jhelum and
Chenab river basins to Shapurkandi dam in Ravi basin after supplying water for irrigation to low lying lands in J&K state. Thus most of water
entering into Pakistan area from Chenab, Jhelum and Ravi rivers are collected by the tunnels and diverted to the Ravi / Beas main river after
harnessing the huge power generation potential. The value of 24.20 billion kwh hydro electricity generated by 5385 MW power stations at two
places in a year is nearly Rs 9,680 crores at Rs 4 per kwh and the affordable investment is nearly 67,760 crores.

Linking Ravi and Beas Rivers to Sutlej River:

Jhelum and Chenab rivers water (20 bcm) imported into Shapurkandi reservoir/dam on Ravi River at 380 m MSL will be transferred to the
Shanehar headworks (31° 57’ 19” N & 75° 53’ 43” E at 327 m MSL) located across the Beas River below the Maharana Pratap Sagar reservoir
by a 55 km long gravity tunnel (Refer Figure D) with provision for power generation. The water head available for power generation is 40
meters which would produce 1.77 billion units with a 220 MW power generation capacity. This water available in the Shanehar headworks is
further transferred to the Rupnagar/ Ropar barrage (location 30° 59’ 31” N & 76° 31’ 23” E at FRL 265 m MSL) located across the Sutlej river
by a 135 km long tunnel cum deep cut canal. The head available for power generation is 25 meters which would produce 1.11 billion units with
138 MW power generation capacity. 10 bcm Indus water available in Maharana Pratap Sagar reservoir is let into the Shanehar headworks by
generating power and supplied to Rajasthan canal and Bikaner canal for aqua culture cultivation in Gaghar, etc river basins in Punjab and
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Rajasthan states. Also Indus water (45 bcm) and upper Chenab water (15 bcm) diverted to the Maharana Pratap Sagar reservoir (location 32°
4’ 75” N & 76° 1’ 51” E at 410 m MSL) is transferred to the Ropar barrage by 120 km long tunnels. The head available for power generation is
110 meters which would produce 14.58 billion units with 1,820 MW power generation capacity. Nearly 80 bcm western rivers water from the
Ropar barrage is fed to a gravity canal continuously throughout the year to supply water to fish farms located in Gaghar river basin area in
Punjab and Haryana and also feeds (70 bcm) a 1,300 km long navigation canal at 245 m MSL southwest of Bhiwani town in Haryana state.
Wherever topography is not permitting, the gravity canal is routed on raised earth bund along the dividing line between the catchments of
Gaghar and Yamuna rivers. The saved Sutlej river water by the use of Indus water in Haryana will be used for the needs of Sutlej Yamuna link
canal. With these diversion tunnels and canals, the flood waters of Eastern Rivers can also be discharged to the navigation canal from Ropar
barrage for irrigation use in Punjab, Haryana, Rajasthan and Gujarat. Presently, flood waters of Eastern Rivers are flowing into Pakistan and
available for its use.

Navigation canal from Kandla to New Delhi:

All the Western Rivers water transferred continuously throughout the year to the Ropar barrage is further used for navigation, additional hydro
power generation at navigation canal drops and fresh water aqua culture needs (Refer Figure D) to benefit vast area (50,000 square km) in
Rajasthan and Gujarat states. It is proposed to construct nearly 1,300 km long (70 bcm, 250 m wide, 7 m depth and flow 2,000 cumecs)
navigation canal from Kandla in Gujarat to Yamuna river at Baghpat in Uttar Pradesh state. With the construction of the navigation canal, all
the imports and exports of North India can be handled by the ports constructed in Haryana and Rajasthan states. Ship building and ship
breaking can also be done in Rajasthan and Haryana states. This canal can be extended by 110 km in future to connect to adjacent Ganga
River for water transport up to Kolkata city. This above sea level canal, similar to Panama canal, would also generate electricity (11.6 billion
kWh/year) at navigation canal level drops (total 245 m level drop available) using water sourced from Jhelum & Chenab rivers before letting the
water (35 bcm) to the Arabian Sea via Hadakiya Creek of Little Rann of Kutch. This canal will also supply water sourced (35 bcm) from the
Indus river to domestic and aqua culture sectors and supply water sourced from the Eastern Rivers to agriculture water needs. The electricity
generated at canal drop power houses is adequate to pump the water for aqua culture cultivation, irrigation and domestic uses from the
navigation canal. Underpass tunnels are envisaged for roads, railway lines and power cable/lines to cross the navigation canal.
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16 of 67
Aqua culture consumes more water in the form of seepage and evaporation similar to water consumption in irrigated agriculture. Fresh water
aqua culture is also more profitable industry compared to irrigated agriculture. Nearly 55 billion cubic meters water available in the Indus river
of J&K state can be used for aqua culture cultivation on vast barren lands in Rajasthan and Gujarat for next level of economic prosperity.
Punjab and Haryana can also adopt aqua / fish culture on irrigated agriculture lands in Gaghar river basin to use the Indus river water under
non-consumptive uses. The saved water of Eastern Rivers, by using the Indus river water, can be used for irrigation in dry lands of Haryana,
Rajasthan and Gujarat states.

Full utilization of eastern rivers water in India:

Ravi basin water drained from the south western part of J&K state (Basantar, Bhabban, Bein, Tarnali Nadi, Chhab Nala, Ujh, Syar Khad, etc
tributaries) is directly entering into Pakistan before joining the Ravi main river downstream of Madhopur barrage. The water flow into Pakistan
from these tributaries can be minimized by constructing storage dams to contain flood waters and the water can be used to irrigate
downstream area in J&K state. Pakistan is under obligation to let flow all the water generated in the Indian part of Ravi and Sutlej rivers from its
territory without using for agriculture as per Article II. Per Article IV (7), no country shall divert water from the Ravi/Sutlej river in between the
high banks from the river stretch between Madhopur & Lahore for Ravi river and between Harike & Suleimanke for Sutlej river. To facilitate
water diversion from Ravi main river, a gated barrage (location 31° 56’ 33” N & 74° 45’ 51” E at FRL 226 m MSL) would be constructed by
India to build up the water level up to the high bank level. This barrage pond would not submerge any land in Pakistan as both sides of the
river are located in India. From this barrage a 110 km long flood flow canal is constructed to feed the water to the Beas river upstream of
Harike barrage (at 203 m MSL). Ravi river water diverted to the Beas river would be diverted by gravity canal from the existing Harike barrage
across the Sutlej river for use in Punjab and Rajasthan states. Thus most of the water passing into Pakistan without being used in India
previously will be fully utilized after constructing the needed barrage and flood flow gravity canal.

Live storage capacity creation on the catchment area of land locked lakes:
As per the IWT stipulations, creation of general storage beyond 0.25 million acre feet (maf) in Indus basin by India is not permitted. Per
Annexure E(20), IWT permits the releases from the conservation storage in any manner India may determine like stopping the dam overflows
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fully by diverting all the inflows to the extent possible. Substantial inflows are available in monsoon months (July, August, and September) from
the rainfall in the basin area. Though the proposed capacity of the Indus river water diversion schemes is at (1785+308=) 2093 cumecs, there
is possibility of river water overflowing from the planned dams to escape into downstream area of Pakistan. To minimize this possibility, the
only solution is to install Pumped Storage Schemes (PSS) for pumping substantial water from the uplands of Indus main river into few massive
reservoirs created on the catchment areas of nearby land locked lakes for optimizing the power generation of the downstream hydro power
plant (25,500 MW), non consumptive uses and also to store the water as reserve for use in a bad monsoon year. The pumping operation to
store the water is planned during the monsoon months continuously when the river is flowing above average. The pumping operation is also
planned on daily/weekly basis during the low power demand hours to consume the surplus cheap power and to store the water supposed to go
waste (last dams over flowing) when the downstream power stations are not working due to low power demand or non availability of few power
generation units. When the downstream power stations are facing water shortage in winter season to meet the power demand, the stored
water in the reservoirs is released into the Indus River by operating the PSS units in turbine mode.

The diversion of Indus river water outside the basin for storage purpose can be claimed under non consumptive uses for the navigation,
floating of property and fishing/fish culture purposes in the Indus and Shyok rivers per Articles I(11), III(2) and IV(2) of IWT. There is no
restriction to store western rivers water outside the western rivers basin for power generation also per Annexure D(1) of IWT. During the winter
season, the surface area of these rivers/reservoirs freezes when adequate flow in the river is not taking place. By maintaining adequate flow
from the stored water during the lean flow/winter season, navigation and fishing/fish culture growth would be established to create the badly
needed transport facilities and additional economic avenues from the river water. Also by keeping the rivers and reservoir surface area free
from complete freezing during lean flow/winter season, the available water surface area can be used by boats to accommodate residential,
services and industrial needs of the growing population as there is severe shortage of plain land/wide valleys in the river basin. It is also a non
consumptive use (i.e. floating of timber or other property) as per Article I(11) by which people are able to reside and work on water surface
area of reservoirs and enjoy better mobility in the form of water transport/navigation to use the limited area of valleys for better living in a hilly
area subjected to inclement climate. Article I(11) clearly says the associated seepage and evaporation losses are permitted for a non
consumptive use. The stored water shall be brought back to the same river basin after its control or use when claimed under non consumptive
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use. So, water transfer from a general storage reservoir on Indus/Shyok rivers by pumping into a PSS reservoir located outside (land locked
lakes) the river basins of western rivers is fully permitted under non consumptive use/control provided the water is returned back to the same
river basin (Indus river).

The water storage in the PSS reservoirs located outside the river basin area is intended mainly for the navigation, floating of residential, etc
property, electricity generation in downstream hydro power plants and fishing/fish culture purposes. As per 2(e) and 17 of Annexure E, flood
control means storing the upstream river flood water temporarily in reservoirs when river water level rises nearer to the maximum safe level at
a location and releasing the flood water once the flood has waned out to keep the reservoirs empty for containing the subsequent flood.
Whereas river water is pumped into the PSS reservoirs on daily basis even when the river is not causing any inundation/ flooding and the
water releases from the PSS reservoirs is made when the river flows/levels are falling below the comfortable requirements of navigation,
fishing/fish culture and floating of property on daily or seasonal basis. So water storages created by PSS reservoirs for non consumptive uses
are entirely different from the flood control reservoirs.

Round trip operational (pumping and generation together) loss of PSS is 25% (100 units consumed in pumping mode gives 75 units in
generation mode by using the same water quantity). By using the water released from the PSS, the downstream hydro stations either generate
more electricity at higher capacity utilization or less number of power generation units are needed for the same power generation.

PSS using Tso Moriri catchment area: Tso Moriri Lake is a land locked / endorheic lake located (location 33° 0’ 15” N & 78° 16’ 55” E) at
4527 m MSL with a surface area of 120 square km and nearly 4000 square km catchment area (green lines in Figure B). Annual water inflows
into the lake are nearly 4 bcm. Tso Moriri lake is located on the left side of the Indus river within 35 km distance. The lake water level is at
higher level compared to the adjacent level of the Indus River basin. A dam/reservoir (location 33° 18’ 19” N & 78° 23’ 51” E at 4100 m MSL)
declared as general storage works per Annexure E(20) is planned for diverting the upper Indus river water for storage in PSS. The FRL of the
dam is 4161 m MSL whose waters would spread up to the border with China and most of its storage is dead storage and only its
general/live/surcharge storage is used for drawing water to the PSS. The proposal is to raise the water level of the Tso Moriri lake by 100
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meters to 4627 m MSL to have provision of storing nearly 12.5 bcm Indus water. The south end of the lake (location 32° 47’ 45” N & 78° 20’ 7”
E) would be blocked by a 110 meters high earth cum rock fill dam to prevent spilling into the Ungti Chu river which is a tributary of Sutlej river.
Thus when the water is released from its spill way, it will have provision to transfer Indus river water to the Sutlej river.

From the Indus river (FRL 4161 m MSL), PSS pumps water by pressure pipes into a surge shaft (located on nearby hill slope at FRL 4645 m
MSL) from where water is transferred directly to Tso Moriri lake by gravity tunnel (diameter 15 meters and 35 km length). The gravity tunnel is
connected to the Tso Moriri lake below 4527 m MSL. To operate in generation mode when Tso Moriri lake level is above 4527 m MSL, water
from Tso Moriri is drawn by the same tunnel but fed to a small reservoir located in the basin area of Indus river. The tunnel is provided with a
parallel loop tunnels with gates at the openings to feed and draw water from the small reservoir. This small reservoir is either declared as
storage work with power plant per Annexure E or a RoR power plant per annexure D with PSS as its hydro-electric plant. This small reservoir
also has same FRL/MWL and dead storage level of the Tso Moriri lake. Thus the Indus water stored in the Tso Moriri lake is general storage
per Annexure E (20) without associated with hydro-electric power plant to attract Annexure E (21) stipulation regarding daily/weekly water
releases from the storage. In future, the nearby Tso Kar and Startsapuk Tso lake (location 33° 18’ 31” N & 78° 0’ 47” E at 4535 m MSL with
nearly 75 square km surface area) can also be connected to the Tso Moriri lake by a 33 km long tunnel to store an additional 7.5 bcm Indus
river water as reserve for use in a bad monsoon year.

12.5 bcm water storage up to 4627 m MSL, will be created by installing a 5150 MW capacity PSS (pumping mode) to pump water @ 870
cumecs by 475 m high for 4000 hours in a year. The net power consumption is 7.399 billion units with 20.552 billion kwh power consumption
and 13.153 billion kwh power generation. PSS-1 would enhance the power generation potential of the downstream power stations (33,250
MW) by 62.67 billion kwh by increasing capacity utilization by nearly 1867 hours of operation every year. The net increased power generation
is 55.27 billion units worth of 22,108 crores with an affordable investment of Rs 154,756 crores.

PSS using Pangong Lake catchment area: Pangong lake is a land locked / endorheic lake (location 33° 48’ 23” N & 78° 39’ 45” E) at 4250 m
MSL located in between Shyok river basin and the Spanggur Tso basin with a surface area of 600 square km and nearly 10,000 square km
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catchment area (see Figure B). The lake area is located both in India and China. The average water yield from the catchment of the lake is
nearly 5 bcm.

The plan is to store water up to 4400 m MSL by creating a 100 m deep reservoir on Chhago Tokpo tributary of Pangong lake. The openings to
the Pangong lake (location 33° 40’ 29” N & 78° 32’ 43” E at 4300 m MSL) and Spanggur Tso (location 33° 33’ 3” N & 78° 44’ 45” E at 4331 m
MSL) are closed by constructing two earth cum rock fill dams of 110 m high and 80 m high respectively. The live storage of this reservoir is 10
bcm at 4400 m MSL. PSS pumping capacity is 700 cumecs operating for 4000 hrs/year each in pumping mode as well as generation mode.

Water storage of 10 bcm up to 4400 m MSL will be created by installing a 2200 MW capacity (pumping mode) PSS to pump water @ 700
cumecs by 250 m high. The net power consumption is 3.48 billion units with 8.80 billion kwh power consumption and 5.32 billion kwh power
generation. PSS would enhance the power generation potential of the downstream power stations (33,250 MW) by 50.13 billion kwh by
increasing capacity utilization by nearly 1556 hours of operation every year. The net increased power generation is 46.65 billion units worth of
18,660 crores with an affordable investment of Rs 130,620 crores.

PSS (location 33° 14’ 45” N & 78° 53’ 51” E at 4161 m MSL) would pump water from the Indus main river based reservoir with FRL 4160 m
MSL using pressure piping into a nearby surge shaft at 4420 m FRL (green lines in Figure B). While drawing water for power generation, the
water from the upper reservoir is passed through the same tunnel via a small reservoir as explained earlier.

A reversible turbine power plant is also installed at the tow of the dam at 33° 40’ 29” N & 78° 32’ 43” E to pump water from the nearby Pangong
Lake. This power station can be used for water exchanges between Shyok and Indus rivers for optimum use of the downstream power
stations.

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PSS using Pangong Lake surface area:
A general storage reservoir /dam across the Shyok river (location 34° 10’ 11” N & 78° 15’ 31” E at 3661 m MSL) with full reservoir level (FRL)
at 3900 m MSL is envisaged to divert Shyok river water to the Pangong Lake area (see Figure B). It is proposed to select a 250 meter high
earth cum rock fill dam to build up the water level for pumping water into the nearby Pangong lake at 4260 m level to use it as PSS reservoir.
Most of the dam/reservoir capacity will be accounted under dead storage except the needed live/ general storage as required under Annexure

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E(20). The North western portion (35 km length) of the Pangong lake would be separated at 33° 43’ 33” N & 78° 41’ 25” E from the eastern
part by constructing a earth cum rock fill dam (7 km long) up to 4270 m MSL. Overflow arrangement from the eastern part to western part will
also be provided in case of level build up in the eastern part. The water yield in the total catchment area of Pangong Lake would be available in
the low level western part of the lake for use /transfer outside the lake. The depth of the lake located in India is not deeper and its average
depth is nearly 30 meters. China cannot raise any objection as the portion of the Pangong Lake in its area is unaffected. This portion of the
lake has storage capacity of nearly 5 bcm at 4260 m MSL. The low level ridge (location 33° 58’ 11” N & 78° 24’ 49” E) separating the Pangong
lake from the Shyok river basin is elevated to 4270 m MSL with overflow provision.

PSS (location 34° 9’ 05” N & 78° 15’ 59” E at 3900 m MSL) would pump water from the reservoir at FRL 3900 m MSL on Shyok river using
pressure piping into a nearby surge shaft at 4270 m FRL. The surge shaft is connected by a 25 km long (10 m diameter) gravity tunnel at 4210
m MSL to the Pangong Lake (green lines in Figure B). While drawing water from the Pengong lake/ reservoir for power generation, the water is
passed through the same tunnel via a small reservoir as explained earlier.

The available 5 bcm water storage up to 4260 m MSL will be created by installing a 1600 MW capacity (pumping mode) PSS to pump water @
350 cumecs by 360 m high. The net power consumption is 2.267 billion kwh with 6.267 billion kwh power consumption and 4 billion kwh power
generation. PSS would enhance the power generation potential of the downstream power stations (33,250 MW) by 25.07 billion kwh by
increasing capacity utilization by nearly 778 hours of operation every year. The net increased power generation (22.81 billion kwh) is worth of
9,124 crores with an affordable investment of Rs 63,868 crores.

The water quality in the Pangong Lake is brackish with salinity/TDS around 2000 ppm. The lake water being saline and cold at high altitude is
very poor in biota with no ecological resources. No fish or crustaceans are found in the lake waters except where the water is not saline at the
confluence points of major streams into the lake. The ecological resources of the lake can be enhanced many times by converting a portion of
the lake (35 km long north western portion) into fresh water PSS reservoir. The salinity of the water would become normal once the water is

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drained into the Shyok river. The increase in the river water salinity by mixing saline Pangong lake water would be negligible. The saline water
of lake would become fresh water in 2 or 3 years period of PSS operation to flourish biologically.

Water can be diverted by gravity from a left side tributary of Shyok river called Lung Yogma (location 33° 56’ 39” N & 78° 14’ 49” E at 4243 m
MSL) by constructing a dam of suitable height. The water (nearly 1 bcm) from the dam/reservoir is transferred for storage by a 15 km long
tunnel to the Pangong Lake.

Water can also be diverted by gravity from another left side tributary of Shyok river called Chang Cheamo river (location 34° 16’ 17” N & 78°
30’ 43” E at 4260 m MSL) by constructing a dam of suitable height. The water (nearly 2 bcm) from the dam/reservoir is transferred for storage
by a 35 km long tunnel to the Pangong Lake. These gravity transfers substantially reduce the PSS pumping and are feasible by enhancing
water level further in the Pangong Lake. In addition 5 bcm more water is also available as yield from the catchment area of the Pangong lake.

There are few more lakes located at higher elevation but not draining in to the nearby Indus river. Tso Kar and Startsapuk Tso are 23 km away
from the nearby Indus river at 4535 m MSL (location 33° 18’ 31” N & 78° 0’ 47” E) with nearly 1000 square km catchment area. Yaye Tso is 5
km away from the nearby Indus river at 4695 m MSL (location 33° 18’ 45” N & 78° 28’ 41” E). These two are promising lakes for storing the
nearby Indus river excess water flows by envisaging PSS.

With the availability of total 27.5 bcm live storage, the downstream power stations (25,500 MW) operating hours would be increased by 4501
hours enhancing the total possible operating hours to 8080 in a year. The capability to use the total Indus river water for power generation
would go up to 55.5 bcm from 28 bcm by installing the PSS. The water handling capacity of the downstream power stations (31,277 MW) of
the Indus basin and the water pumping capacity of PSS together is (1785+308+1920 =) 4013 cumecs which could handle the largest flow that
would take place once in 10 years at diversion points of Indus/Shyok/Zanskar rivers. Similarly the total water transfer capacity of the power
stations (14,256 MW) located across the Chenab is (2100+924+1232=) 4256 cumecs. Since all river water diversion from western rivers to the
eastern rivers has to take place via Chenab river, the available capacity (4256 cumecs) can be comfortably used to divert once in ten years
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flow of Chenab and Jhelum rivers together when Indus river is not flowing too high. Refer
http://www.compositerunoff.sr.unh.edu/html/Polygons/P2837100.html for water flow data of Chenab and Jhelum rivers.

Power generation from the Indus river valley:

From the proposed dam (location 33° 18’ 19” N & 78° 23’ 51” E at 4100 m MSL) with FRL 4160 m MSL, a series of tunnels (15 m diameter) of
250 km length are constructed at an average elevation of 4100 m MSL up to the last reservoir on the Indus river (location 34° 34’ 41” N & 76°
31’ 43” E) at FRL 2790 m MSL. These tunnels (Ash color line in Figure C) would also collect the inflows from the streams draining into the
Indus River with the help of pick up dams on the right side of the Indus River. The available water flow is nearly 1570 cumecs or 25.2 bcm
(2.7+22.5) from the PSS reservoirs and the direct flows from the catchment area with 1250 meters available water head. The feasible capacity
of the hydro power station is 15,700 MW with annual power generation of 70 billion kwh in a year. The value of the electricity produced is Rs
28,000 crores with an affordable investment of 196,000 crores. By envisaging 250 km long tunnels from the first reservoir to the last reservoir,
most of the water inflows are diverted from the downstream dams.

In addition, many RoR hydro plants can be installed in the 250 km length of the river between above two dams by constructing one dam for
every 100 m drop in the river level. It would also generate around 5.48 billion units annually by installing nearly 1,220 MW power generation
capacities at 500 m head and 310 cusecs (5 bcm). Thus most of the power generation potential in the main Indus river valley can be
harnessed. To overcome the inadequate live storage permitted by IWT at these dams, water powered pump (WPP) units are the best solution
for reducing peak flows into the downstream reservoirs/dams. In WPP units, the available water head (energy) is used for driving the water
turbine which in turn drives a pump to lift part of the water to higher elevation to feed the nearby elevated tunnel transporting water to the last
downstream high head hydro power plant. WPP units are compact, reliable and rugged as the variable and low speed turbine shaft power is
used to drive a water pump directly instead of generating electricity. WPP units are also more suitable even for underground or flooded
installations as their submergence during unexpected peak floods do not cause any damage. Refer
https://www.scribd.com/document/58789354/Nagarjuna-Sagar-WPP-Units for more information on WPP units. They are also cheaper as there
is no electricity generation and its transmission.
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The quantum of water lifted by WPP depends on the water head available for energy/power generation and the required pumping head/lift
(ratio of turbine head/ pump head). The rest of the water handled (other than pumped water) is released into the downstream river thus
reducing the flood flows to the extent pumped into the nearby gravity tunnel. WPP units (Figure-1) can be designed for minimum required head
ratio up to 0.2 (pumping head is 5 times the turbine head). As the electricity demand is low in the region and surplus electricity is generated, it
is economical to prefer WPPs to pump the water rather than generating multipurpose electricity minimizing the electricity transmission needs.
Each dam/reservoir can have electricity generation units for meeting the local electricity demand only. There is need of eliminating legacy bias
towards electricity generation among the planners/engineers by preferring need based solution to serve the ultimate requirement. The tunnel
running parallel to the river is literally another river flowing at higher elevation to follow the IWT restrictions for not allowing the freedom to fix
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the live storage at each dam. However the live storage/pondage of every intermediate dam is designed based on the historical flows available
at each dam as per IWT. Thus the permitted pondage would be adequate to generate electricity at high capacity utilization to harness the total
hydro potential of the river valley.

Power generation from the Shyok river valley:

A RoR dam (location 34° 8’ 25” N & 78° 7’ 7” E at 3800 m MSL) at FRL 3900 m FRL is proposed across Shyok Gong which is left side tributary
of the Shyok river. The dam catchment area is substantial with good continuous inflows. From the PSS dam across the upstream Shyok river
(location 34° 10’ 11” N & 78° 15’ 31” E at FRL 3900 m MSL) via this pick up dam, a series of tunnels (13 m diameter) of 185 km length are
constructed at an average elevation of 3850 m MSL up to the last reservoir on the Shyok river (location 34° 52’ 57” N & 76° 48’ 53” E at 2800
m MSL) at FRL 2850 m MSL (dark red color line in Figure C). These tunnels would also collect the inflows from the streams draining into the
Shyok River with the help of pick up dams on the left side of the Shyok River. These pick up/diversion dams of medium height (< 30 meter high
from river bed) can be constructed mostly by steel in place of concrete. This type of dams are called steel dams which are easy to construct in
hilly areas where material transport cost is substantial mainly for bulk materials like cement, sand, etc. Refer to
https://www.scribd.com/document/58789323/Fixed-Steel-Dams for more data on steel dams. The available water flow is nearly 700 cumecs or
(5+6.28=) 11.28 bcm from the PSS reservoirs and the direct flows from the catchment area with 1000 meters available water head. The
feasible capacity of the hydro power station is 5,600 MW with annual power generation of 24.93 billion kwh in a year. The value of the
electricity produced is Rs 9,973 crores with an affordable investment of 69,812 crores. By envisaging 185 km long tunnels from the first
reservoir to the last reservoir, most of the water inflows are diverted from the downstream dams.

In addition, many RoR hydro stations can be installed in the 185 km length of the river between above dams by constructing one dam for every
100 m drop in the river level. It would also generate around 5.00 billion kwh annually by installing nearly 1,115 MW power generation
capacities @350 cusecs (5.64 bcm) and aggregate water head of 400 m. Thus most of the power generation potential in the Shyok river valley
can be harnessed fully. WPP units can also be installed in place of power generation units. However the live storage/pondage of every

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intermediate dam is designed based on the historical flows available at each dam site as per IWT. Thus the permitted pondage and surcharge
storage would be adequate to generate electricity at high capacity utilization to harness the total hydro potential of the river valley.

HIGH LEVEL CANAL

Hp

The efficiency (Ewpp) of the WPP unit is as

indicated below
RIVER
Ht x Qt x Et x Eg = Hp x Qp / Ep
Ewpp = (Hp / Ht) x (Qp / Qt) = Et x Eg x Ep

Where
Qp is the pumped water
Ht Qt is water used by turbine
Ht is the head available to the turbine
WATER
Qp Hp is the head created by pump
POWERED Et is the turbine efficiency ( more than 85%)
PUMP
Ep is the pumping efficiency (more than 85%)
Qt
Eg is the gear box transmission efficiency(if any)
DOWN STREAM RIVER

FIGURE-1: WATER POWERED PUMP UNIT

The remaining yield (total average yield is nearly 60 bcm) in the Indus river basin (other than the water used for power generation (55.5 bcm) in
the upstream) is also substantial whose water yield (4.5 bcm) to the Indus main river will be directly used in the 25,500 MW power plant (to the
extent possible) giving first preference to the uncontained water flows from the entire basin area. The tributaries of other two western rivers
(Chenab and Jhelum) also have substantial hydro power potential which can be harnessed for power generation. All western rivers (including
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Indus river) have nearly 15,000 MW with 67.5 billion kwh additional electricity generation potential. Refer to the links
https://sandrp.files.wordpress.com/2018/03/hydro_-electric_projects_in_chenab_river_basin.pdf and
https://sandrp.files.wordpress.com/2018/03/hydro_electric_projects_on_jhelum_river_basin.pdf for more details.

Pangong, Tso Moriri, etc lake’s water for irrigation in the basins of western rivers:
India is not allowed to use water from the western rivers for additional irrigation in excess of 701,000 acres cropped area as stated at Annexure
C (5) but the extent and intensity of irrigation to be provided is much more in the J&K and HP states. However, there is no restriction (para 1 of
Annexure C and para 15 of Article IV) on irrigated area if the water is imported /transferred from outside the catchment areas of the western
rivers as they are not affecting the availability of water in Pakistan. One such possibility is to use water available (nearly 8.5 bcm) from the
catchment area of the Pangong, Tso Moriri, etc lakes located in the J&K state for the additional irrigation needs to the extent of 3,500,000
acres (500% more than the additional permitted irrigation use by IWT) by using 5 bcm from Pangong Lake and 1.5 bcm from Ungdi Nadi/Tso
Moriri lake, 1.5 bcm from Ungti Chu river and 0.5 bcm from Tso Kar and Startsapuk Tso lakes. These natural lakes along with their catchment
areas are separate from the western river basins and the water transfer from these lakes/rivers to Indus/Chenab/Jhelum rivers by gravity
tunnels is feasible as these lakes/rivers are located at higher elevation to the nearby Shyok/Indus/Zanskar basins. India can draw the
corresponding water from any western river in lieu of water imported from these lakes without the actual supply of lakes water separately to the
fields to be irrigated. Pangong, Tso Moriri, etc lake waters transferred along with the Indus river water can be supplied for agriculture use in
Indus, Jhelum and Chenab basins in the entire J&K state as mentioned earlier by forming a garland tunnel inside the circular mountain range.

Lingdi/Ungdi Nadi located in J&K state is a tributary of Tso Moriri Lake which is joining the lake at its southern end. It has nearly 1500 square
km catchment area with 1.5 bcm yield. If a dam/reservoir is constructed near 32° 45’ 9” N & 78° 17’ 29” E at 4543 m MSL) where it is joining
the Tso Moriri Lake, the river water can be transferred to the Zanskar basin by a 45 km long tunnel to Tsarap Chu river near Dar Takshan town
(location 32° 50’ 51” N & 77° 45’ 27” E at 4283 m MSL). Also nearly 260 m total water head is available to install a hydro power plant (190 MW)
to generate 0.86 billion kwh annually. Nearly 0.5 bcm water can also be made available from Tso Kar and Startsapuk Tso lakes for irrigation
use in J&K state. Tso Kar and Startsapuk Tso lakes water at 4535 m MSL can be transferred by a 25 km long gravity tunnel to the Zanskar
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river basin (33° 19’ 3” N & 77° 42’ 19” E at 4405 m MSL). Another 1.5 bcm water can be diverted from Ungti Chu river (location 32° 39’ 19” N &
78° 34’ 33” E at 4360 m MSL) to the Indus basin (location 32° 45’ 15” N & 78° 53’ 59” E at 4320 m MSL) by a 35 km long gravity tunnel. For
diverting water to the Indus basin, a dam/barrage would be constructed across the Ungti Chu river (a tributary of Sutlej river) before entering
(location 33° 19’ 3” N & 77° 42’ 19” E) into the Tibet/China area. The water diverted (1.5 bcm) to the Indus river can be used for agriculture in
J&K state and additional power generation in the downstream hydro power stations.

Conclusion:
As explained earlier, nearly 103.5 bcm water mostly from Indus, Chenab and Jhelum rivers (95 bcm) can be transferred throughout the year to
large area in Indus system of rivers located in India for aqua culture, irrigation, domestic, industrial and hydro power uses in Jammu and
Kashmir, Punjab, Haryana, Himachal Pradesh, Rajasthan and Gujarat states to convert the barren lands into productive lands. As the
proposed navigation canal is passing parallel to the nearby international border with Pakistan, India can also supply water sourced from
Jhelum and Chenab rivers by gravity flow to Pakistan lands on chargeable basis subject to Pakistan’s cordial relations with India.

The advancements in technology and the methods of its application intensively and extensively, with passage of time, are able to find out new
economic solutions which were not technically feasible and beyond the human imagination few decades back. Use of tunneling technology to
build water tunnels stretching hundreds of kilometers length inside the mountain ridges is indeed one such case.

The proposed hydro power stations (nearly 541 billion kwh per year by 104,000 MW) can generate reliable and dispatch-able power on daily
basis for meeting both peak and base loads unlike solar PV power plants. Due to mega size of these power projects, involving very high head
and large capacity turbine units, the entire project cost will not be exceeding Rs 6 crores per MW or Rs 11.95 investment per one kwh
generation in a year and the total investment (hard cost plus soft cost) will be paid back in first six years of operation @ Rs 2 per kwh sale
price. If the same quantum of electricity is to be generated by solar power PV plants (intermittent power generation source and not dependable
on daily basis), the required land is nearly 672,000 hectares and the required investment is Rs 26.67 per kwh generation in a year with simple
payback period of 13.33 years @ Rs 2 per kwh sale price. Solar PV plant produces 1500 kwh/kw in a year @ Rs 4 crore/MW investment.
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There is negligible human displacement and productive lands submergence by these proposed massive water storage and transportation
projects. The hydro power potential of western rivers can be used to pump the surplus water available from the Bhramhaputra and Ganga
rivers by constructing a massive fresh water coastal reservoir (storage 360 bcm) on the sea adjoining Odisha, West Bengal and Bangladesh.
This massive lift irrigation project would supply nearly 540 bcm additional water to all the Indian cultivable lands for irrigation throughout the
year irrespective of monsoon failures and also provide adequate environmental and base flows in the over exploited Indian rivers. Refer
https://www.scribd.com/document/390880621/Feasibility-of-coastal-reservoir-to-harness-Brahmaputra-and-Ganga-surplus-waters for more
details. 420 billion kwh electricity is adequate to meet the net pumping power requirements of this project to lift 540 bcm water into the Indian
rivers at various points. Rest 120 billion kwh can be used for the ultimate needs of J&K and Himachal Pradesh states. Pakistan can also make
use out of the total 1200 bcm water available in Bhramhaputra and Ganga rivers system to convert its remaining vast uncultivated desert lands
including Balochistan desert into fertile irrigated lands by importing water from India and Bangladesh. The water availability above 2000 m MSL
in Tibet from Bramhaputra main river is not exceeding 50 bcm which may be used by China. Thus the surplus waters of Bhramhaputra and
Ganga rivers system going waste to the sea is put to productive use by the joint cooperation of India, Bangladesh and Pakistan to bring peace
and prosperity in Indian subcontinent.

The annual export revenue in international currency from the fisheries production (15 million tons) alone is nearly US$30 billion which can
payback (even it is funded mostly by foreign capital) within a decade the entire project cost (US$ 250 billion) incurred for harnessing the total
water available in Indus system of rivers in India for aqua culture, agriculture, navigation, hydro power, etc purposes.

The J&K state can be converted into another Switzerland by harnessing its hydro power potential for supplying cheap, clean and renewable
hydro power to cater the full requirements of entire agriculture sector of India. Similarly Rajasthan deserts will thrive similar to California state
with massive aqua culture farms creating blue revolution in India. In the process of constructing these gigantic hydro power plants of J&K state,
the state can become an Eldorado for the engineers, technicians, construction work men, etc seeking higher wages / salaries at par with
developed countries rather than working in Gulf countries in equally harsh climatic conditions.
………..
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 Indus Waters Treaty (IWT) provisions applicable to India and Pakistan.
Annexure-1
IWT reference PCA or Neutral Expert interpretation Explanation
1. The basin area of the Indus River and its tributaries in India.
Article I: Para IV (A) 365 of Permanent Court of Arbitration The ‘Preamble’ says the purpose of the IWT is to
2. The term "Tributary" of a river (PCA) verdict dated 18 February 2013 on Hydro attain the most complete and satisfactory
means any surface channel whether power use in Kishanganga project dispute: utilisation of Indus system of rivers. IWT further
in continuous or intermittent flow and divided the Indus system of rivers into six rivers
by whatever name called, whose IV (A) The territorial scope of the treaty which are Sutlej, Beas, Ravi (called eastern
waters in the natural course would rivers), Chenab, Jhelum and Indus (called
fall into that river, e.g. a tributary, a 365. The Court recognizes that the text of the western rivers). Each of these rivers includes its
torrent, a natural drainage, an Treaty itself, read in context and in light of its connecting lakes and all its tributaries.
artificial drainage, a nadi, a nallah, a object and purpose, is paramount in resolving the
nai, a khad, a cho. The term also disputes brought before it. The Preamble of the A tributary of a river is defined as any surface
includes any sub-tributary or branch Treaty refers to the Parties’ desire to attain the channel whether in continuous or intermittent flow
or subsidiary channel, by whatever “most complete and satisfactory utilisation of the whose waters in the natural course would fall into
name called, whose waters, in the waters of the Indus system of rivers” and states that river…… The term also includes any sub-
natural course, would directly or further that the Treaty fixes the rights and tributary or branch or subsidiary channel, by
otherwise flow into that surface obligations of the Parties concerning the use of whatever name called, whose waters, in the
channel. “these waters.” These words are emblematic of the natural course, would directly or otherwise flow
Treaty’s intent to apply to the aggregate of the into that surface channel.
3. The term "The Indus," "The Indus river system and not only to those waters
Jhelum," "The Chenab," "The Ravi," flowing through uncontested territory. The Parties Sutlej, Beas, Ravi, Chenab and Jhelum rivers are
"The Beas" or "The Sutlej" means the have not pointed to and the Court has not found actually the major tributaries of the Indus river but
named river (including Connecting any provision that would exclude from the scope of considered as separate rivers for the purpose of
Lakes, if any) and all its Tributaries : the Treaty any portion of the waters of the Indus IWT. Any tributary or surface channel of Indus
Provided however that system of rivers that flow through Pakistan and system of rivers which is not part of Sutlej or
India. Moreover, four of the rivers governed by the Beas or Ravi or Chenab or Jhelum river, is
i. none of the rivers named above Treaty (the Indus, the Jhelum, the Chenab and the deemed to be part of Indus river per Articles I (2)
shall be deemed to be a Tributary; Ravi) flow partly through the territory of Jammu and (3)
and Kashmir. Were the Treaty to exclude these
ii. The Chenab shall be deemed to watercourses during their transit of the region, it Indus Main means main stem of Indus river
include the river Panjnad; and would fall significantly short of providing the excluding its tributaries, but including all
comprehensive solution sought by the Parties for channels, connecting lakes and creeks of the
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iii. The river Chandra and the river the development and allocation of the waters of the Indus river. Thus Indus Main connects to the
Bhaga shall be deemed to be Indus system. Arabian sea through its delta channels and
Tributaries of The Chenab. various creeks located in Pakistan and India. So
all these delta channels and creeks are deemed
4. The term "Main" added after Indus, to be part of Indus Main river. Any river which is
Jhelum, Chenab, Sutlej, Beas or Ravi joining the creeks of Indus Main is also tributary
means the main stem of the named of Indus river per Article I.
river excluding its Tributaries, but
including all channels and creeks of The Koree Creek of Great Rann of Kutch and the
the main stem of that river and such Hadakiya Creek of Little Rann of Kutch located in
Connecting Lakes as form part of the India are part of Indus Main as Indus river water
main stem itself.  is flowing into these creeks to reach the Sea
during Indus river floods and are hydraulically
Article IX (2) connected with Indus river. Any river draining into
If the Commission does not reach these creeks becomes the tributary of Indus river
agreement on any of the questions per Article I of IWT. Many rivers in India, not
mentioned in Paragraph (1), then a named as separate rivers in IWT, whose waters
difference will be deemed to have in the natural course, are directly or otherwise
arisen, which shall be dealt with as flowing into Indus Main are tributaries of Indus
follows : River. Thus Ghagar river with its basin area
spread in Himachal, Haryana, Punjab and
(a) Any difference which, in the Rajasthan states is a tributary of Indus River.
opinion of either Commissioner, falls Similarly the desert streams in Barmer, Jaisalmer
within the provisions of Part 1 of and Bikaneer districts of Rajasthan state,
Annexure F shall, at the request of flowing / joining the Indus Main on its left bank
either Commissioner, be dealt with are part of Indus river. The Luni river flowing into
by a Neutral Expert in accordance Koree Creek is also part of Indus river. Also the
with the provisions of Part 2 of Saraswati, Rupen, Aji Nadi, etc rivers draining
Annexure F; into Hadakiya Creek are tributaries of Indus river.
….
Thus vast area located in Himachal Pradesh,
Annexure F Haryana, Punjab, Rajasthan and Gujarat states
Part 1—Questions to be referred to a of India is also part of Western Rivers basin area.
Neutral Expert Article III (2), Annexure C, D and E are applicable
…. to these tributaries similar to the Indus basin area

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2. Determination of the boundary of located in J&K state. Any question on the extent
the drainage basin of The Indus or of drainage basin area of the Indus river is to be
The Jhelum or The Chenab for the settled by the Neutral Expert (NE) per Article IX
purposes of Article III (2). (2a) and Annexure F, Part 1 (2).
….
2. Is it required for India to let flow water of Western Rivers into Pakistan? Absolutely No.
Article III (1) Permanent Court of Arbitration Article III (2) can be divided into three parts for better clarity as given below:
Pakistan shall (PCA) verdict dated 18
receive for February 2013 on Hydro power “India shall be under an obligation to let flow all the waters of the Western Rivers to
unrestricted use all use in Kishanganga project the drainage basin thereof.”
those waters of the dispute:
Western Rivers The above stipulation says that India shall let flow the remaining waters of Western
which The object and purpose of the Rivers [i.e. The Indus, The Jhelum and The Chenab taken together per Article I (6)] to
India is under Treaty its basin area after the permitted uses. Though Pakistan has right per Article III (1) to
obligation to let flow 410. Turning to the object and receive waters of Western Rivers from India, whereas India’s obligation is not to let
under the purpose of the Treaty, the Court flow waters of Indian Western rivers into Pakistan’s territory/rivers but precisely to the
provisions of notes that the Treaty drainage basin of Western Rivers. This stipulation can be fulfilled by India in three
Paragraph (2). establishes a regime of qualified ways.
rights and priorities in respect of 1) After the permitted uses, the remaining water of Western Rivers can be let flow
Article III (2) specific uses, which governs the by India into Western Rivers basin located in J&K state of India which will flow
India shall be under interpretation of Paragraph 15 into Western Rivers of Pakistan subsequently.
an obligation to let (Annexure D). The Treaty 2) After the permitted uses, the remaining water of Western Rivers from India can
flow all the waters recognizes Pakistan’s right to be let flow by India into the Eastern Rivers of India which will flow into Western
of the Western “unrestricted” use of all the Rivers basin located in Pakistan through the Eastern Rivers of Pakistan.
Rivers, and shall waters of the Western Rivers, 3) After using for hydro-electricity and other permitted uses, India can let the
not permit any including the Kishenganga remaining waters of the Western Rivers directly to the Sea via Koree Creek or
interference with /Neelum. The deliberate division Hadakiya Creek located in India. Thus Pakistan is totally deprived of water use
these waters, and allocation of the six main from Indian Western Rivers. Koree Creek and Hadakiya Creek are part of
except for the watercourses of the Indus Indus River per Article I.
following uses, system of rivers between the
restricted (except Parties is a defining Per Article III (1), Pakistan has right to receive the remaining waters of the Western
as provided in item characteristic of the Treaty. The Rivers flowing from India after the permitted water uses by India. The matching
(c) (11) of inevitable conclusion is that obligation specified to India in the treaty is not foolproof and at the mercy of India to
Paragraph 5 of Pakistan is given priority in the satisfy Pakistan’s water right on Western Rivers water.
Annexure C) in the use of the waters of the Western

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 case of each of the Rivers, just as India has priority “India shall not permit any interference with these waters, except for the following
rivers, The Indus, in the use of the waters of the uses
The Jhelum and Eastern Rivers. a) Domestic Use;
The Chenab, to the
drainage basin 411. Pakistan’s right to the VI. b) Non-Consumptive Use;
thereof Western Rivers is not absolute VII.
since it relates only to those VIII. c) Agricultural Use, as set out in Annexure C; and
a) Domestic waters of the Western Rivers IX.
Use; “which India is under anX. d) Generation of hydro-electric power, as set out in Annexure D.”
obligation to let flow under the
I. b) Non- provisions of Article III(2) of the India shall not cause any interference [Article I (15)] to Western Rivers water other
Consumptive Treaty.” The right is subject to than the listed four water uses/rights.
Use; expressly enumerated Indian
II. uses on the Western Rivers, Domestic use: It [Article I (10)] is permitted in unlimited quantity subject to Article IV
III. c) including the generation of (12) and (13) by returning the residual water to the same river or its tributary. The
Agricultural Use, hydro-electric power to the water use is restricted to in basin use only for each of the Western Rivers.
as set out in extent permitted by the Treaty.
Annexure C; and Indus river water available in J&K state can be transferred to the Gaghar, Luni, etc
IV. 412. Article III(1) of the Treaty river basins for domestic use and the residual water can be left to flow to join sea
V. d) states: through the Koree Creek or Hadakiya Creek bypassing Pakistan.
Generation of Pakistan shall receive for
hydro-electric unrestricted use all those waters Non-Consumptive Use: It is permitted in unlimited quantity subject to Article I (11) by
power, as set out of the Western Rivers which returning the water excluding seepage and evaporation loses incidental to the control
in Annexure D. India is under obligation to let or use of the water to the same river or its tributary. The water use is restricted to in
flow under the provisions of basin use only for each of the western rivers.
Article IV (2) Paragraph (2).
Each Party agrees Indus river water available in J&K state can be transferred to the Gaghar, Luni, etc
that any Non- In turn, Paragraph (2) provides: river basins for fish culture or aqua culture which is a Non-Consumptive Use. The
Consumptive Use India shall be under an residual water can be left to flow to join sea through the Koree Creek or Hadakiya
made by it shall be obligation to let flow all the Creek bypassing Pakistan area. Aqua culture consumes more water compared to
so made as not to waters of the Western Rivers, irrigation water consumption in the form of seepage and evaporation. Fresh water
materially change, and shall not permit any aqua culture is also more profitable industry compared to irrigated crops. Nearly 55
on account of such interference with these waters, billion cubic meters water available in the Indus river of J&K state can be used for
use, the flow in any except for the following uses, aqua culture cultivation on vast barren lands (nearly 55,000 square km area) in
channel to the restricted . . . Rajasthan and Gujarat for economic prosperity.

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prejudice of the in the case of each of the rivers,
uses on that The Indus, The Jhelum and The The stipulation given in Article IV (2) is applicable where a channel [a tributary of a
channel by the Chenab, to the drainage basin River per Article I (2)] of Western Rivers located both in India and Pakistan. This
other Party under thereof: stipulation is not applicable to main Western Rivers [per Article I (3i)] located in India
the provisions of [. . .] and the tributaries of Western Rivers which are totally located in India. Article III (2)
this Treaty….. (d) Generation of hydro-electric accorded first priority to India for using the water available in the Indian part of
power, as set out in Annexure Western Rivers to the permitted extent. Pakistan’s water use right on the water
Article IV (14) D. available in the Indian part of Western Rivers per Article III (1) is only on the
In the event that remaining water available after the permitted water uses by India. Per Article IV (14),
either Party should Similarly, although the chapeau Pakistan will not get any additional rights by harnessing the water which India is
develop a use of of Annexure D confirms India’s unable to use for the time being. Pakistan, being a downstream state can use the
the waters of the right to generate hydroelectric unused water by India which is flowing in to its rivers from the Indian Western Rivers.
Rivers which is not power on the Western Rivers in But when India uses the available water of Western Rivers for Non-Consumptive Use
in accordance with language similar to that of and Pakistan’s existing uses on a channel are effected due to diminished flows from
the provisions of Pakistan’s unrestricted “let flow” India, Pakistan cannot claim any valid prejudice as it would not get any permanent
this Treaty, that right, it is circumscribed by the right to use the water overriding the water use right of India under the provisions of
Party shall not terms of Annexure D itself: the treaty. Pakistan suffering any material loss, if any, is due to its own action (i.e.
acquire by reason using water allotted to India on permanent basis by the treaty) but not due to Indian
of such use any 1. The provisions of this action.
right, by
Annexure D shall apply with
prescription or
respect to the use by India of However, Article IV (2) is applicable to Pakistan in case it is using the water for Non-
otherwise, to a
the waters of the Western Consumptive Use from a tributary/subtributary of Western rivers where the
continuance of such Rivers for the generation of downstream of the tributary/subtributary is located in India. There are many
use. hydro-electric power under the tributaries/subtributaries whose upstream basin areas (Poonch, Neelum, etc
provisions of Article III(2)(d) tributaries of Jhelum River) are located in Pakistan before entering in to Indian
Annexure D (1) and, subject to the provisions of territory. IWT is silent without stating that Pakistan has right for unrestricted use of
The provisions of this Annexure, such use shall water generated in the Western Rivers basin areas located in Pakistan except for the
this Annexure shall be unrestricted: . . water transferred to the Ravi and Sutlej rivers from the Western Rivers per Article III
apply with respect (3). Thus Pakistan using the water generated in its Western Rivers basins for Non-
to the use by India 413. Thus, on the one hand, the Consumptive Use, causing diminished water flow to the existing water uses of India in
of the waters of the Treaty establishes that Pakistan the downstream area, is not permitted per Article IV (2).
Western Rivers for enjoys unrestricted use of those
the generation of waters of the Western Rivers Agricultural Use: Additional water use is limited for irrigation needs of specified area
hydro-electric which it is entitled to receive. On as given in Annexure C (1) and (5) from each river of Western Rivers. Annexure C (1)
power under the the other hand, the Treaty’s repealed the restriction stipulated in Article III (2) to use the water for in basin

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provisions of Article specifications in respect of agriculture use only. But the relevant restriction is reintroduced at Annexure C (5)
III (2) (d) and, India’s hydro-electric uses on which is to be complied by India.
subject to the the Western Rivers are
provisions of this inconsistent with denying to Generation of hydro-electric power: Water use for hydro power use is unlimited
Annexure, such use India the capacity to generate subject to stipulations of Annexure D and E (to the extent cross referred to Annexure
shall be electricity from power plants E by Annexure D). However the restriction imposed by this clause [Article III (2)], by
unrestricted: built in conformity with the limiting water use for in basin use only, is repealed by Annexure D (1). The applicable
Provided that the Treaty. Any interpretation of provisions for using western rivers water for hydro-electric power generation are
design, construction Paragraph 15 (Annexure D) the exclusively given in Annexure D and E (i.e. No other stipulation applicable other than
and operation of logical result of which would be Annexure D and E)
new hydro-electric to allow Pakistan unilaterally to
plants which are curtail the ability of such Indian “The permitted uses are restricted (except as provided in item (c) (11) of Paragraph 5
incorporated in a Plants to operate would subvert of Annexure C) in the case of each of the rivers, The Indus, The Jhelum and The
Storage Work (as an important element of the Chenab.”
defined in Annexure object and purpose of the
E) shall be Treaty. The permitted water uses are confined to the in basin area of a Western River.
governed by the However, this restriction is repealed in Annexure D (1) for the hydro-electric power
relevant provisions generation use.
of Annexure E.

References:
https://pcacases.com/web/sendAttach/1681 Permanent Court of Arbitration verdict dated 18 February, 2013 on Kishanganga project.

https://treaties.un.org/doc/Publication/UNTs/Volume%20419/volume-419-I-6032-English.pdf Full document of Indus Waters Treaty.

3. Whether the new irrigation potential developed by using Gaghar, Luni, etc rivers water is exceeding maximum permitted
acreage and water storage in IWT for Indus basin? No
Annexure C (5)
In addition to such withdrawals as may be made
in accordance with the provisions of Paragraphs
3 and 4, India may, subject to the provisions of
Paragraphs 6, 7, 8 and 9, make further
withdrawals from the Western Rivers to the
extent India may consider necessary to meet the
irrigation needs of the areas specified below
As explained earlier, vast area in Himachal Pradesh,
Punjab, Haryana, Rajasthan and Gujarat states other than
J&K area is also part of Indus river basin. But the new area
to be brought under irrigation by the Indus water shall not
exceed 70,000 acres single cropped area in a year.
However additional area can be irrigated by importing
water from other river basins. The irrigated area developed
and under development as on effective date of IWT is

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a) From Indus in its drainage basin  70,000
acres maximum cropped area.
….
Provided that
(i) in addition to the maximum Irrigated Cropped
Area specified above, India may irrigate road side
trees from any source whatever;
(ii) the maximum Irrigated Cropped Area shown
against items (a), (b) and (c) W above shall be
deemed to include cropped areas, if any, irrigated
from an open well, a tube-well, a spring, a lake
(other than a Connecting Lake) or a tank, in
excess of the areas so irrigated as on the
Effective Date; and
(iii) the Aggregate of the areas specified against
items (a), (b) and (c) (i) above may be re-
distributed among the three drainage basins in
such manner as in between the Commissioners.
Annexure E (7)
The aggregate storage capacity of all Single-
purpose and Multi-purpose Reservoirs which may
be constructed by India after the Effective Date
on each of the River Systems specified in ….shall
not exceed, for each of the categories…
(a) The Indus river system:
General storage  0. 25 million acre feet
Power storage  0.15 million acre feet
Flood storage  Nil
Provided that
1) the general storage above may be used for
any purpose whatever, including the generation
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protected. Incidentally, most of the limited water resources
available in these desert/arid areas of the Indus basin were
harnessed by constructing major and medium water
reservoirs before the effective date. After the 1960, many
minor irrigation reservoirs / tanks were constructed mainly
for drinking water purpose. Due to inadequate water
inflows into the reservoirs as the rains are erratic and
unreliable, the developed irrigation potential is also not
utilised fully for irrigation in every year. Annexure C (5)
restricts irrigation water use from the water available in its
river basin to 70,000 acres annually.
IWT is not restricting construction of irrigation infrastructure
such as irrigation canals, dug wells, bore wells, etc except
the creation of water storage in reservoirs to 0.25 maf (308
million cubic meters) under general storage. Additionally
0.15 maf (185 million cubic meters) power storage is
permitted which can be used for domestic and non-
consumptive uses. The storage capacity developed in the
Indus basin area is not exceeding 0.40 maf for these uses
after the effective date.
The irrigated area in a year using imported water from
outside the basin area such as Narmada, Eastern Rivers,
etc are not restricted by the provisions of Annexure C.
Even India is using waters of these tributaries of Indus
river violating provisions of IWT, Pakistan cannot make
any valid compensation claim as these unutilised river
waters will not flow into Pakistan and it has not suffered
any loss out of India’s action. However before using Indus
river water sourced from J&K state in these desert/arid
areas of Indus river basin, India has to readjust/ account
the various water uses and available water storages (dead
storage, general storage, conservation storage, surcharge
of electric energy; storage, RoR power plant pondage, etc) to comply with the
2) the power storage may also be put to Non- IWT. These modifications are permitted per Annexure E
Consumptive Use (other than flood protection or (15) and (23)
flood control) or to Domestic use;
…. When Pakistan raises any dispute in this regard, it needs
to submit facts on the actual irrigated area in a year from
Annexure C(2) the water generated in the Indus basin after deducting the
As used in this Annexure, the term "Irrigated domestic and non consumptive water uses in the basin
Cropped Area" means the total area under area but not on the area irrigated by imported water from
irrigated crops in a year, the same area being other river basins. The water available in these desert/arid
counted twice if it bears different crops in kharif areas is not adequate even for the needs of drinking water
and rabi. The term shall be deemed to exclude of the population & live stock, industrial water consumption
small blocks of ghair mumkin lands in an irrigated and non-consumptive uses.
field, lands on which cultivation is dependent on
rain or snow and to which no irrigation water is
applied, areas naturally inundated by river flow
and cultivated on sailab thereafter, any area
under floating gardens or demb lands in and
along any lakes, and any area under water-plants
growing within the water-spread of any lake or in
standing water in a natural depression.

4. Whether storage works/reservoirs can be constructed outside the Western Rivers basin for storing western rivers water? Yes
and Annexure E stipulations not applicable.
5. Whether water reservoirs of Run of River power plants can be located outside the Western Rivers basin? Yes
6. Whether other rivers water can be stored in Western Rivers basin? Yes but Annexure E stipulations are applicable
7. Whether other rivers water can be used in Western Rivers basin for various water uses? Yes, There is no such restriction in
the IWT
We need to understand at the outset what is provided in Annexure D and
Article I (11) E.
The term "Non-Consumptive Use"
means any control or use of Annexure D (1) states
water for navigation, floating of
timber or other property, flood “The provisions of this Annexure shall apply with respect to the use by
protection or flood control, fishing India of the waters of the Western Rivers for the generation of hydro-

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or fish culture, wild life or other
like beneficial purposes, provided
that, exclusive of seepage and
evaporation of water incidental to
the control or use, the water
(undiminished in volume within
the practical range of
measurement) remains in, or is
returned to, the same river or its
Tributaries; but the term does not
include Agricultural Use or use for
the generation of hydro-electric
power.
Article III (4)
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 (13)
……. each Party will use its best
endeavours to return to the same
river (directly or through one of its
Tributaries) all water withdrawn
therefrom for industrial purposes
and not consumed either in the
industrial processes for which it
was withdrawn or in some other
Domestic Use.
Annexure E
1) The provisions of this
Annexure shall apply with respect
to the storage of water on the
electric power under the provisions of Article III (2) (d) and, subject to the
provisions of this Annexure, such use shall be unrestricted: Provided that
the design, construction and operation of new hydro-electric plants which
are incorporated in a Storage Work (as defined in Annexure E) shall be
governed by the relevant provisions of Annexure E.”
Further, the content of Annexure D has not imposed any restriction for
constructing new power plants (both RoR and storage type) outside the
Western Rivers basin area using Western Rivers’ water.
Annexure E (1) states
“The provisions of this Annexure shall apply with respect to the storage of
water on the Western Rivers, and to the construction and operation of
Storage Works thereon, by India under the provisions of Article III (4).”
Annexure E is applicable to the storage of water on the Western Rivers
only. It also permits storage of other rivers /imported water on the Western
Rivers. Annexure E(7) is stipulating the applicable maximum storages for
all types of permitted uses (power generation use, flood protection and
control, irrigation, domestic and non-consumptive uses) on each western
river whether by water of Western Rivers or imported water from other
adjacent rivers which are not part of Western Rivers.
Annexure D permits use of Western Rivers’ water for the generation of
hydro-electric power (both RoR plant and power plant with storage works)
inside and outside the basin area of Western Rivers. Annexure D(1) says
that the relevant provisions of Annexure E are applicable to the design,
construction and operation of new hydro-electric plants for using water of
Western Rivers when a hydro-electric plant is added to a storage works
located outside/inside a western river basin. Thus only s.nos. 8g, 21 and
22 of Annexure E are applicable/relevant incase hydro-electric plant is
incorporated in a Storage Work which is located outside the basin area of
Western Rivers.
Annexure E has not stipulated any maximum permitted aggregate storage
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Western Rivers, and to the
construction and operation of
Storage Works thereon, by India
under the provisions of Article III
(4).
…..
20) Subject to the provisions of
Paragraph 8 of Annexure C, India
may make releases from
Conservation Storage in any
manner it may determine.
Article II (1):
All the waters of the Eastern
Rivers shall be available for the
unrestricted use of India, except
as otherwise expressly provided
in this Article.
capacity applicable to Storage Works with power plant, when located
outside the basin area of the Western Rivers, for using the waters of
Western River. So there is no water storage restriction for such storage
works with power plant which is permitted /not restricted by Annexure D
(1).
Annexure E(7) also stipulated the maximum storages applicable for all
types of permitted non-power uses (flood protection and control, irrigation,
domestic and non-consumptive uses) in each western river basin. It has
not restricted the construction of storage works for non-power use to
control/store water of Western Rivers outside the Western Rivers basin
area. Storage of a western river water outside its basin area is permitted
by Article I (11) and Article IV (13) for non-consumptive and domestic uses
respectively provided the unused water is brought back to the same
western river or its tributary
In Article III (4), two phrases/parts in a sentence are joined by the ‘OR’
conjunctive. The word ‘OR’ is used to link alternatives. The word ‘OR’ is
also used to introduce a synonym or explanation of a preceding word or
phrase in a sentence.
With the usage of word “OR” in Article III (4), the following two alternatives
are given to India to opt.
1) Except as provided in Annexure D and E, India shall not store any water
of the Western Rivers.
OR
2) Except as provided in Annexure D and E, India shall not construct any
storage works on the Western Rivers.
India will opt for alternative 2 as it imposes lesser degree restriction
compared to alternative 1.
As per other use of word ‘OR’, the second part “India shall not construct
any storage works on the Western Rivers” is nothing but the explanation of
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the first part “India shall not store any water of the Western Rivers”. So the
intent of Article III (4) is the implementation of alternative 2 as given above.
In Article III (4), the conjunctive ‘AND’ should have been used in place of
‘OR’ conjunctive when the intention of the IWT was to bar the construction
of storage works and storing of a western river water subsequently in such
constructed storage works located both inside and outside the basin area
with the exemptions as provided in Annexure D and E

When first part of Article III (4) is applicable, India shall not store water of a
western river outside its basin area except for power generation (both RoR
and storage works with power plant) since it is permitted by Annexure D.
Also first part of Article III (4) permits to construct storage works on a
western river to store river water imported from outside its basin area.
Since India is also permitted unrestricted use of Eastern Rivers water per
Article II (1), India is at liberty to design, construct and operate storage
works on Western Rivers which can be used for storing water of Eastern
Rivers/other rivers in the absence of any such restriction.

When second part of Article III (4) is applicable, India shall not construct
storage works on the Western Rivers except as provided in Annexure D
and E. Since second part of Article III (4) is applicable only to the
construction of storage works inside the Western Rivers basin, India is free
to construct such storage works for all permitted uses outside the Western
Rivers basin using the water of Western Rivers.

Also the scope of IWT is limited to Indus system of rivers only and it cannot
impose any restriction in design, construction and operation of storage
works located outside the Indus system of rivers.

As per Annexure E (1), it is stated that Annexure E stipulations are given

as necessitated by the provisions in second part of Article III (4). So the
purpose of Article III (4) is to enforce prior compliance of Annexure E
provisions at the time of design and construction of storage works on
Western Rivers. The first part of Article III (4) only cannot ensure its
implementation to prevent construction of the excessive storages on

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western rivers. So, the second part is added as explanatory part with
conjunctive ‘OR’ in the sentence.

Compliance of Annexure D and E stipulations fully by India, would meet all

requirements of Article III (4) wherever applicable. Article III (4) is also not
barring storage of western rivers water outside the Western Rivers basin
area for all permitted uses by India. It also permits to store other rivers
water in the permitted storage on Western Rivers.

Annexure E (20) permits water drawl in any manner India may determine
from the conservation storage on western rivers which enables water
transfer outside the basin area and use such storage for permitted uses
(including domestic uses per s.no. 13 of Article IV and non-consumptive
uses per s.no. 11 of Article I) later after bringing back the water into the
basin area. Pumped storage power plants can be established by drawing
water from the conservation storage. As the water is pumped outside the
basin from the conservation storage, it does not amount to power
generation but power consumption. From the storage reservoir located
outside the basin of Western Rivers, first water is transferred to a small
storage reservoir or RoR power plant pondage/reservoir located in the
basin area of Western Rivers through a tunnel as per the requirement for
the power generation. This reservoir located in the basin area of the
Western Rivers will have same FRL/MWL as that of the main water
storage reservoir located outside the Western Rivers. When water is to be
released back in to the conservation storage reservoir, water from the
small reservoir is used/passed through the turbines of pumped storage
power plant to generate power. Thus the main water storage reservoir,
located outside the basin area of Western Rivers, is purely considered as a
permitted storage reservoir without governed by any provisions of
Annexure D and E as it is not feeding water directly to the hydro-electric
plant but to another small reservoir. In this case, only the small storage
reservoir/pond is considered as part of the hydro-electric power plant either
as a RoR power plant or a storage power plant. It is a prerogative of India
per IWT to identify a reservoir as storage type or RoR pond type provided
the relevant provisions of storage reservoir or RoR pond are adhered.

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 8. Whether water can be pumped from the flowing Western River for various uses? Yes
Article IV (3) IWT permits construction of nominal
Nothing in this Treaty shall be construed as having the effect storages behind weirs and barrages
of preventing either Party from undertaking schemes of on the Western Rivers, tributaries,
drainage, river training, conservation of soil against erosion streams, etc per Annexure E (8). If
and dredging, or from removal of stones, gravel or sand from the storage is not exempted, the
the beds of the Rivers : Provided that required marginal storage is
a) ……. accounted under the permitted
b) any such scheme carried out by India on the Western aggregate conservation storage of
Rivers shall not involve any use of water or any storage in each Western River per Annexure E
addition to that provided under Article III; (7). So there is no restriction to
establish pump houses for lifting
Annexure D (8) water from the river. This can also be
The figures specified in Paragraph 7 shall be exclusive of the used for establishing pumped
following : storage power plants on daily and
weekly basis using the perennial
a) Storage in any Small Tank. water flows released from upstream
… RoR power plant or storage works.
…
h) Storage incidental to a barrage on the Jhelum Main or on
the Chenab Main not exceeding 10,000 acre-feet

Annexure D (2)
n) "Small Tank" means a tank having a Live Storage of less
than 700 acre-feet and fed only from a non-perennial small
stream: Provided that the Dead Storage does not exceed 50
acre-feet.

9. Maintenance of natural channels per Article IV (6)

Article IV (6) PCA arbitration on Kishanganga project dispute dated 18 February The PCA clarification says that this
Each Party will use its best 2013: clause is related to the avoidance of
endeavors to maintain the natural any obstruction likely to cause
channels of the Rivers, as on the 373 ….. On the plain meaning of its terms, Article IV(6) concerns material damage to the other Party
Effective Date, in such condition the maintenance of the physical condition of the channels of the on the channels/bed of the river and
as will avoid, as far as rivers, and not the maintenance of the volume and timing of the not concerned about variation in

44 of 67
practicable, any obstruction to the
flow in these channels likely to
cause material damage to the
other Party.
flow of water in these channels. The Court understands the term water flow in the channel by
“channel” in Article IV(6) in its common usage, i.e., to denote the constructing a dam across the
bed of the river, which may or may not be filled with water. channel/river for the purpose of
Accordingly, the Court sees this provision as mandating the water diversion.
preservation of the natural paths of the rivers (what India calls the
“geometry of the channels”) in an effort to conserve the rivers’
capacity to carry water, thereby protecting the Parties from dry
spells and floods. This interpretation is confirmed by the Treaty’s
travaux préparatoires 5

374 Further, Article IV(6) does not require the maintenance of the
condition of the channels so as to avoid any type of riverbed
degradation, but bears more precisely on the avoidance of “any
obstruction to the flow in these channels likely to cause material
damage to the other Party.” ……

10. Whether Pakistan’s existing water uses from western rivers of India are protected under prior use criteria? No
Article III (1)
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).
Article IV (14)
In the event that either Party should develop a
use of the waters of the Rivers which is not in
accordance with the provisions of this Treaty, that
Party shall not acquire by reason of such use any
right, by prescription or otherwise, to a
continuance of such use.
Article XII (4)
The provisions of this Treaty, or, the provisions of
this Treaty as modified under the provisions of
Paragraph (3), shall continue in force until
Article IV (14) clearly says that any water use
developed by a party, out of the unutilised water
of other party, has no right for continuance of
such use by prescription or otherwise. Pakistan
being the lower riparian state has access to the
unutilised waters of India from the eastern and
western rivers located in India. Once India starts
using its share of water identified in IWT both
from Eastern and Western Rivers, Pakistan has
no claim to the loss of water on prior use
convention.
Annexure G (29) of IWT clearly says that the
law to be applied first is the IWT in the
arbitration of the disputes between both parties.
IWT is a perpetual treaty between India and
Pakistan with World Bank, a United Nations

45 of 67
terminated by a duly ratified treaty concluded for organisation, responsible for implementation of
that purpose between the two Governments. the treaty. The treaty can be annulled or
amended with the consent of both parties only.
Annexure G (29)
Except as the Parties may otherwise agree, the Under IWT, Pakistan has secured the right to
law to be applied by the Court shall be this Treaty receive the remaining waters of the Western
and, whenever necessary for its interpretation or Rivers flowing from India after the permitted
application, but only to the extent necessary for water uses by India from these rivers. The
that purpose, the following in the order in which matching obligation specified to India in the
they are listed treaty is not foolproof and Pakistan is at the
(a) International conventions establishing rules mercy of India to satisfy water right of Pakistan
on Western Rivers water.
which are expressly recognized by the Parties.

(b) Customary international law.

11. Surcharge storage and secondary power generation in RoR power plants: IWT permits India to use available surcharge
storage for optimum power generation and to maintain nominal dead storage for flushing the sediment deposited in the
reservoir. The dead storage can be reduced by 9 times for the same capacity reservoir without affecting the head available to
the power plant.
Annexure D (2a) Determination D4 The sole objective of a Run of River (RoR) power plant is
"Dead Storage" means The only way to limit the technical possibility of power generation whether it is firm power or secondary power.
that portion of the storage raising the full pondage level is to limit the free Per clause 8b of Annexure D, designing the works with
which is not used for board to the minimum required…. optimum secondary power generation from the surcharge
operational purposes and Free board is the difference in vertical elevation storage, is a major design criterion which is also in accordance
"Dead Storage Level" provided between the maximum reservoir level with the treaty’s objective of attaining the most complete and
means the level during a routing of the design flood and the dam satisfactory utilization of the waters of the Indus System of
corresponding to Dead crest level. Rivers.
Storage. Thus the elevation of the dam crest is
determined by; The design basis for a RoR plant are:
Annexure D (2b)  The RoR plant should be able to generate power at
"Live Storage" means all  The full pondage level reasonable cost over a long period and economically
storage above Dead viable to generate profit from the incurred investment.
Storage.  The raising of reservoir level required to  The plant should continue to generate power for long
allow for the release of extreme floods. duration with satisfactory operation without much
Annexure D (2e) The outflow discharge depends on deterioration in water use efficiency.
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"Surcharge Storage" extreme flood hydrograph, the  RoR plant shall comply with all the stipulated restrictions
means uncontrollable arrangement of spillway weirs and in Annexure D in its design and operation.
storage occupying space outlets, the operating rules of spillways
above the Full Pondage and the geometrical characteristics of the When a dam is proposed at a location, the maximum reservoir
Level. reservoir; and water level of the RoR plant shall be fixed first on social factors
and techno-economics basis considering flooding of populated
Annexure D (2g)  Safety criteria which depends on: the areas, existing valuable infrastructure, etc. by the backwaters
"Firm Power" means the dam type (concrete, masonry or of the reservoir.
hydro-electric power embankment), the spillway type (gated or
corresponding to the ungated), and local conditions, such as Then the dead storage level should be fixed by considering
minimum mean discharge wind conditions. sediment flushing needs in the reservoir area. Clause 8d of
at the site of a plant, the Annexure D permits provision of outlets below dead storage
minimum mean discharge The analysis carried out by the NE allowed him level for sediment control provided such outlet shall be of the
being calculated as to define objective criteria, based on ICOLD minimum size, and located at the highest level, consistent with
follows: …… guidelines and sound engineering. The free sound and economical design for satisfactory operation of the
board is an essential safety element to protect works. Providing sediment outlet in a RoR plant is inevitable
Annexure D (2i) the dam against the overtopping. The criteria since the western rivers of India carry very high sediment load
"Run-of-River Plant" applied took into account the residual risk of which would settle in the live and dead storage of the reservoir
means a hydro-electric malfunctioning of a gate. causing reduction in the reservoir’s life drastically.
plant that develops power ……
without Live Storage as an Determination D2 The sediment control outlet size, below the dead storage level,
integral part of the plant, … The decision (selecting gated chute spill depends on the mean annual peak flood flows of the river and
except for Pondage and ways) is consistent with IWT provisions, head available from dead storage. The outlet should be able to
Surcharge Storage. requiring sound and economical design, and pass at least the mean annual peak flood when the water level
satisfactory construction and operation of the in the river is at its high flood level. Broadly, the local high flood
Annexure D (2J) works. It is also in accordance with preamble of level of the river can be fixed as dead storage level of the
"Secondary Power" means the treaty which provides that both countries reservoir and the mean annual peak flood becomes the design
the power, other than Firm being equally desirous of attaining the most flow (cubic meters per second) capacity of orifice spill way to
Power, available only complete satisfactory utilization of the waters of effectively transport the sediment to the downstream of the
during certain periods of the Indus System of Rivers. plant. There is no stipulation in Annexure D to fix the dead
the year. storage level and India is at liberty to fix it arbitrarily also (from
Referrence: nil to nearly 100%).
Annexure D (8) http://siteresources.worldbank.org/SOUTHASIA
8. Except as provided in EXT/Resources/223546- The firm power pondage is accounted just above the dead
Paragraph 18, the design 1171996340255/BagliharSummary.pdf storage level to fix the full pondage level. The storage between

47 of 67
of any new Run-of-River Executive Summary, Neutral Expert the maximum reservoir water level and the full pondage level is
Plant (hereinafter in this determination in the case of Baglihar project, 12 the surcharge storage.
Part referred to as a Plant) February, 2007.
shall conform to the The orifice spillway envisaged below the dead storage level
following criteria will perform dual function of flood discharge and sediment removal
without resorting to drawdown flushing. The rated capacity of orifice
(a) The works themselves spillway located below the dead storage level, is computed
shall not be capable of when the water is at maximum reservoir water level and
raising artificially the water compared with the probable maximum flood (PMF) which is
level in the Operating Pool the design criteria to be passed downstream from the
above the Full Pondage reservoir. Additional gated chute spill way to meet the shortfall
Level specified in the would be envisaged above the dead storage level complying
design. with clause 8e requirement. Chute spill way is techno
economically preferred as its cost is less than over flow type
(b) The design of the gated spillway or ungated spillway. The free board above the
works shall take due maximum reservoir water level should be fixed as per NE’s
account of the Determination D4 for Baglihar project to arrive at the crest level
requirements of Surcharge of the dam. Similarly, the sill level of the penstocks of the
Storage and of Secondary power plant can be fixed close to dead storage level to comply
Power. clause 8f requirement. Thus all the stipulations of clause 8 of
Annexure D are met including the dead storage which shall not
(c) The maximum be depleted except in an unforeseen emergency. Since the
Pondage in the Operating dead storage provided is nominal (10% of earlier design), the
Pool shall not exceed power plant is able to draw most of the stored water (live
twice the Pondage storage 90% of reservoir capacity) from the reservoir to
required for Firm Power. generate optimum secondary power and firm power.

(d) There shall be no There is no restriction that the available surcharge storage
outlets below the Dead shall not be used for operational/power generation purpose.
Storage Level, unless Clause 8 (b) also clearly states surcharge storage requirement
necessary for sediment (the required uncontrollable storage occupying space above
control or any other the Full Pondage Level per clause 2e of Annexure D) to
technical purpose; any release the design flood and its use for secondary power
such outlet shall be of the generation.
minimum size, and located

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at the highest level,
consistent with sound and
economical design and
with satisfactory operation
of the works.
(e) If the conditions at the
site of a Plant make a
gated spillway necessary,
the bottom level of the
gates in normal closed
position shall be located at
the highest level
consistent with sound and
economical design and
satisfactory construction
and operation of the
works.
(f) The intakes for the
turbines shall be located at
the highest level
consistent with satisfactory
and economical
construction and operation
of the Plant as a Run-of-
River Plant accepted
practice of design for the
designated range of the
Plant's operation.
Article VII (1)
The two Parties recognize
that they have a common
interest in the optimum
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Secondary power generation from the surcharge storage is
also design criteria of a RoR hydroelectric power plant as per
clauses 2i and j of Annexure D.
From the intent of above clauses and the interpretation of
clause 8a by NE in Baglihar project case, the dam shall be
designed to accommodate the adequate surcharge storage
above the full pondage level. It is no where stipulated that the
full pondage level for the purpose of firm power generation
shall be fixed at the maximum surcharge storage level or the
maximum level of the reservoir and the remaining reservoir
storage shall be considered as dead storage which shall not be
depleted for power generation and for sediment transport by
drawdown flushing as per the verdict (pages 194 and 195) of
the Permanent Court of Arbitration in the case of Kishanganga
project.
Clause 8a of Annexure D which deals only design and
construction aspects of the RoR plants does not permit any
future provision in the dam design to enhance the maximum
reservoir / surcharge water level. But increase in the level up to
the maximum reservoir water level above the Full Pondage
Level during PMF is uncontrollable water storage/level rise for
which dam is supposed to be designed per Clause 8b of
Annexure D.
Once the dam/reservoir is designed and constructed as per
Clause 8, there is no stipulation in Annexure D that the
reservoir should not be filled up to the designed maximum
water level for power generation on regular basis. Not
permitting to use the available surcharge storage on regular
basis is against the treaty’s objective of attaining the most
complete and satisfactory utilization of the waters of the Indus
System of Rivers given in the Preamble of IWT. As per Clause
1 of Annexure D, India is permitted for unrestricted use of
development of the Rivers, western rivers water for power generation subject to provisions
and, to that end, they of Annexure D. Without any potential loss to Pakistan, raising
declare their intention to differences or disputes against the optimum use of the
co-operate, by mutual reservoir’s total live storage capacity (including surcharge
agreement, to the fullest storage) is against the letter and spirit of the IWT as it is
possible extent mutually agreed by both parties to cooperate in optimum
development of the Rivers per Article VII (1).

There is severe restriction in building storage works for power

generation and other uses on Western Rivers. Also, storage
works are not permitted on the main stems of Chenab and
Jhelum rivers as per Annexure E(7) and Article I(4). This
disadvantage can be mitigated by identifying substantial live
storage in RoR power projects in the form of surcharge
storage. Once the water is released to the downstream of a
RoR power plant, continuously available water in the rivers can
be picked up/used for non power permitted uses by India.
12. Operational aspects of reservoirs of RoR power plants and storage works with power plants
Annexure D Permanent Court of Arbitration verdict Filling of the dead storage of the reservoir
14. The filling of Dead Storage shall be carried out in on Kishanganga case (Pages 194, shall be as per clauses 18 or 19 of
accordance with the provisions of Paragraph 18 or 19 of 195 and 201 of the verdict dated 18 Annexure E.
Annexure E. February 2013) stated that the
accumulation of sediment in the The operating procedure for filling and
15. Subject to the provisions of Paragraph 17, the works reservoir of a Run-of-River Plant on depleting the live storage is clearly spelt out
connected with a Plant shall be so operated that (a) the the Western Rivers does not in clause 15 of Annexure D. The plant shall
volume of water received in the river upstream of the constitute an unforeseen emergency be operated on weekly basis (on daily basis
Plant, during any period of seven consecutive days, as stated in clause 19 of Annexure E per 15(i) of Annexure D if the RoR plant is
shall be delivered into the river below the Plant during and clause 14 of Annexure D to located below Ramban on Chenab Main) to
the same seven-day period, and (b) in any one period of permit the depletion of the reservoir release all the inflows to the downstream of
24 hours within that seven-day period, the volume below Dead Storage Level for the plant with 10% tolerance to
delivered into the river below the Plant shall be not less drawdown flushing purpose. accommodate the buildup / depletion of firm
than 30%, and not more than 130%, of the volume power pondage or surcharge storage per
received in the river above the Plant during the same clause 17a of Annexure D. The surcharge
24-hour period: … storage is to be ignored in the mass balance
…. per clause 17b of Annexure D. Thus the

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16. For the purpose of Paragraph 15, the period of 24
hours shall commence at 8 A.M. daily and the period of
7 consecutive days shall commence at 8 A.M. on every
Saturday. The time shall be Indian Standard Time.
17. The provisions of Paragraph 15 shall not apply
during the period when the Dead Storage at a Plant is
being filled in accordance with the provisions of
Paragraph 14.
In applying the provisions of Paragraph 15 :
(a) a tolerance of 10% in volume shall be permissible;
and
(b) Surcharge Storage shall be ignored.
Annexure E
18. The annual filling of Conservation Storage and the
initial filling below the Dead Storage Level, at any site,
shall be carried out at such times and in accordance
with such rules as may be agreed upon between the
Commissioners. In case the Commissioners are unable
to reach agreement, India may carry out the filling as
follows:
……
19. The Dead Storage shall not be depleted except in
an unforeseen emergency. If so depleted, it will be
refilled in accordance with the conditions of its initial
filling.
21. If a hydro-electric power plant is incorporated in a
Storage Work (other than a Storage Work falling under
Paragraph 3), the plant shall be so operated that:
(a) the maximum Pondage (as defined in Annexure D)
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total live storage of the reservoir can be
gradually built or depleted within permitted
10% tolerance in volume.
Similarly, the operating procedure for filling
and depleting live storage (other than initial
annual filling of conservation storage per 18
of Annexure E) in the reservoir of a storage
works with power plant is clearly spelt out in
the clause 21b of Annexure E. The volume
of water delivered into the river below the
works shall not be less than the volume of
water received in the river upstream of the
works on weekly basis. Also 10% tolerance
in volume is allowed in the mass balance
per clauses 22b & c of Annexure E to
facilitate building up in the live storage
including surcharge storage above the dead
storage level. Clause 21b of Annexure E
also allows depletion of the stored water
including surcharge storage in the reservoir
as it amounts to more water release to the
downstream of the plant than the water
received in the upstream of the river on
weekly basis.
With the help of substantial surcharge
storage (nearly 80% of total reservoir
storage), the flood water inflows in excess
of water use capacity (cubic meters per
second) of the power plant, can be stored in
the surcharge storage for making available
in the subsequent lean flow duration in
which the river inflows are falling below the
water use capacity of the power plant. Thus
shall not exceed the Pondage required for the firm power plants can be run continuously for 10
power of the plant, and the water level in the reservoir months duration in a year using the
corresponding to maximum Pondage shall not, on surcharge storage.
account of this Pondage, exceed the Full Reservoir
Level at any time; and Pakistan’s concern of receiving the western
rivers water without much interference is
(b) except during the period in which a filling is being, unaffected as 90 to 110% of river inflows
carried out in accordance with the provisions of are released on weekly basis and 30 to
Paragraph 18 or 19, the volume of water delivered into 130% of river inflows on daily basis by India.
the river below the work during any period of seven
consecutive days shall not be less than the volume of India also has flexibility to run the power
water received in the river upstream of the work in that plant as earlier by keeping the reservoir
seven-day period. level above the 90% storage capacity most
of the time (i.e. so called dead storage)
22. In applying the provisions of Paragraph 21(b): without foregoing drawdown flushing facility.

(a) the period of seven consecutive days shall Generally, the gross storage capacity of a
commence at 8 A.M. on every Saturday and the time reservoir is of the order of 0.35 bcm when
shall be Indian Standard Time ; compared to the river water inflows of the
order of 25 to 60 bcm/year on main stem of
(b) a tolerance of 10% in volume shall be permissible western rivers. 10% retention of inflows is
and adjusted as soon as possible; and 2.5 bcm (minimum) in a year which is
adequate to fill and drain the reservoir for
(c) any temporary uncontrollable retention of water due eight times in a year to even out the
to variation in river supply will be accounted for. fluctuating water inflows and make available
most of the inflows for power generation.
13. Renovation of existing RoR power plants to convert the dead storage into useful surcharge storage
Annexure D (12) Until now, not interpreted by These clauses clearly permit to modify the existing RoR plants
(a) If any alteration proposed in the Neutral Expert or Permanent (ex: Salal project) and storage works which are operational or
design of a Plant before it comes into Court of Arbitration as dispute is under construction by altering/reducing the dead storage and the
operation would result in a material not raised by any party. maximum pondage levels within the gross storage of the
change in the information furnished to reservoir.
Pakistan under the provisions of
Paragraph 9, India shall immediately These changes will enhance the power generation substantially
communicate particulars of the change and flush the deposited sediment from the reservoir fully/partially

52 of 67
to Pakistan in writing …
(b) If any alteration proposed in the
design of a Plant after it comes into
operation would result in a material
change in the information furnished to
Pakistan under the provisions of
Paragraph 9, India shall, at least four
months in advance of making the
alteration, communicate particulars of
the change to Pakistan in writing…..
Annexure D (25)
If the change referred to in Paragraphs
6(a) and 12 is not material, India shall
communicate particulars of the change
to Pakistan, in writing, as soon as the
alteration has been made or the repairs
have been undertaken. The provisions
of Paragraph 7 or Paragraph 23, as the
case may be, shall then apply.
Annexure E
23. When the Live Storage Capacity of
a Storage Work is reduced by
sedimentation, India may, in
accordance with the relevant provisions
of this Annexure, construct new Storage
Works or modify existing Storage Works
so as to make up the storage capacity
lost by sedimentation.
25. If the change referred to in
Paragraph 5(a) or 15 is not material,
India shall communicate particulars of
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as the dead storage level can be lowered up to top of the bottom
most sluice gates. Additional power generating units can also be
added at low cost for generating peaking or base load power.
Flushing of already deposited sediment to the downstream from
the reservoir would restore the full/partial capacity of the
reservoir and future sediment problem is also permanently
solved.
If the existing sluice gates are not at the required lower level for
effective flushing of sediment, additional tunnel spillway can be
made to flush the sediment fully by fixing the dead storage at
high flood level of the river prior to the dam construction.
Similarly, additional penstock tunnel can be constructed to draw
water by the power plant from the bottom of substantially
enhanced live storage.
For the Salal project, the additional agreement between India
and Pakistan dated 14 April 1978 is not an impediment in
executing modernization works or lowering the dead storage
level by 235 feet up to EL 1365 feet from EL 1600 feet. Refer
http://www.commonlii.org/in/other/treaties/INTSer/1978/18.pdf
The agreement prohibits any openings in the dam below the
dead storage level. The agreement permits India to lower the
dead storage up to EL 1365 feet and tunnel spillway provision
can be made above EL 1365 feet for drawdown flushing of
sediment.
Thus the operating life of the reservoir/power plant is extended
substantially by flushing existing sediment from the reservoir and
additional peaking or base load power generation is achieved
from the substantially enhanced live storage. When three dams
are located in series (ex: Dul Hasti, Baglihar and Salal on
Chenab river), the downstream dam will benefit by the
aggregate of surcharge storages in all three dams for enhanced
the change to Pakistan, in writing, as power generation during lean inflows in the river.
soon as the alteration has been made
or the repairs have been undertaken.
The provisions of Paragraph 6 or
Paragraphs 13 and 14, as the case may
be, shall then apply.
14. Whether Tulbul navigation project is feasible in the form of Run of River (RoR) power project? Yes
Annexure E (8) Dispute not yet taken to NE for Tulbul project on the Jhelum river near Baramulla town is
The figures specified in Paragraph arbitration. basically a navigation project to maintain a minimum flow of
7 shall be exclusive of the 4000 cusecs in the river for maintaining adequate water depth in
following:-- the river throughout the year as the river is not navigable during
a. ….. the lean flow season. This is achieved by storing the Jhelum
….. waters in the upstream Wular lake up to its maximum level.
h. Storage incidental to a barrage Pakistan objected to this project stating that a barrage of
on the Jhelum Main or on the maximum storage capacity of 10,000 acre-feet (0.012 bcm) is
Chenab Main not exceeding only permitted on the Jhelum Main river for the purposes other
10,000 acre-feet. than RoR power plant per 7c, 8h and 9 of Annexure E

Annexure E (9) The proposed dam by India across the Jhelum at the outlet of
India may construct on the Jhelum the Wular lake impounds the flood waters in the Wular lake up to
Main such works as it may 1580 m MSL with 300,000 acre-feet (0.370 bcm) storage
consider necessary for flood capacity. If this proposed dam were to be envisaged as a
control of the Jhelum Main and component of low head RoR power project, it would meet all the
may complete any such works as requirements of the water releases for navigation purpose and
were under construction on the enhance the power generation from the existing downstream
Effective Date: Provided that 105 MW Lower Jhelum, 480 MW Uri-1 and 240 MW Uri-2 RoR
power stations substantially. As explained earlier, most of the
1. any storage which may storage maintained in the Wular lake can be treated as
be effected by such works permitted surcharge storage of a RoR plant.
shall be confined to off-
channel storage in side A net water head of 8 m is available for installing 15 MW hydro
valleys, depressions or power plant at the toe of the dam. In this case Pakistan cannot
lakes and will not involve raise any IWT violations on this project as RoR power plants are
any storage in the Jhelum permitted on the Jhelum Main river. Hydro power generation
Main itself; and from low water head is feasible or proven method and also

54 of 67

2. except for the part held in
lakes, borrow-pits or natural
depressions, the stored
waters shall be released as
quickly as possible after the
flood recedes and returned
to the Jhelum Main lower
down.
15. Whether hampering permitted water uses, by destructing others water use infrastructure, amounts to violation of IWT? Yes
16. IWT, a potential peacekeeper between India and Pakistan along the Line of Control? Yes
Article I (9)
The term "Agricultural Use" means the use of water for PAC for arbitration.
irrigation, except for irrigation of household gardens and
public recreational gardens.
Article I (10)
a) The terms "Domestic Use" means the use of water for
drinking, washing, bathing, recreation, sanitation
(including the conveyance and dilution of sewage and
of industrial and other wastes), stock and poultry, and
other like purposes;
b) household and municipal purposes (including use for
household gardens and public recreational gardens);
and
c) industrial purposes (including mining, milling and other
like purposes);
Article II (1)
All the waters of the Eastern Rivers shall be available for the
unrestricted use of India, except as otherwise expressly
provided in this Article.
Article II (2)
Except for Domestic Use and Non-Consumptive Use,
eligible for incentives under clean development mechanism
(CDM). Though the power generation potential of this RoR
project is not much but it would make the Jhelum river navigable
throughout the year both upstream and downstream of Wular
barrage/dam in addition to enhancing downstream power plants
annual generation
Dispute not yet rose with IWT is a perpetual treaty between India and
Pakistan to share and use the water flowing or
available in Indus System of Rivers (ISR) located
in India and Pakistan. The treaty has provisions to
resolve, in a cooperative spirit, the disputes that
arise during its interpretation and implementation
by Permanent Court of Arbitration or Neutral
Expert with World Bank (an organization of United
Nations) standing guarantee for implementing the
dispute resolution.
IWT identifies various sources of water that are
flowing or generated in different catchment areas
of ISR according unrestricted water use rights to a
party whereas the other party is under obligation to
facilitate the same without hampering the water
use with explicit exemptions (if any). The
exemptions are also restricted water use rights
given to the other party. No party should indulge in
destructive activities by damaging any water use
infrastructure, covering from the point of water
extraction from a naturally flowing river/stream or
ground water up to the ultimate consumption
points, thus preventing other party to exercise its
55 of 67
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
siphon for the B-R-B-D Link in the case of the Ravi Main.
Article II (3)
Except for Domestic Use, Non-Consumptive Use and
Agricultural Use (as specified in Annexure B), 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.
Article II (4)
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. If Pakistan should deliver any of the waters of
any such Tributary, which on the Effective Date joins the Ravi
Main after this river has finally crossed into Pakistan, into a
reach of the Ravi Main upstream of this crossing, India shall
not make use of these waters; ..
Article III (1)
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).
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water use rights and/or to enhance more water
inflows into its territory for its use. Damage caused
by a party to other party’s standing crops, trees,
arcades, dwellings, cattle sheds, industries, etc
which are supplied with ISR water is also violation
of IWT as it is preventing the right to water use
granted by IWT. Injuring or killing the operation
and maintenance people of these lift
water/irrigation schemes is also violation of IWT. A
party using its citizens or foreign nationals covertly
or overtly from its territory to cause damage to the
others water use infrastructure also amounts to
IWT violations as it is not gesture of friendship,
goodwill and cooperation as intended in the
preamble to IWT which is part of the treaty per
Article XII (1).
It is a routine feature that both India and Pakistan
are indulging in cross border firing across the Line
of Control (LoC) in Jammu and Kashmir state. If a
continuous stretch along LoC (say 4 km wide)
were to be developed as irrigated fields /arcades
under drip irrigation, it would refrain Pakistan to
indulge in cross border firing/shelling out of the
possibility of damaging Indian water use
infrastructure and attracting arbitration settlement
by PCA against Pakistan for IWT violations. Refer
to
https://www.scribd.com/document/402090810/Indu
s-Water-Treaty-as-a-potential-peace-keeper-
between-India-and-Pakistan for detailed
information.
Applying IWT provisions in the border areas, by
installing low cost and economically productive lift
irrigation and drinking water schemes per Article III
 (2) and Annexure C (6a), would quickly change the
Article III (2) military equilibrium in favor of India. These factors
India shall be under an obligation to let flow all the waters of deter Pakistan to continue hostilities against India
the Western Rivers, and shall not permit any interference with and compel Pakistan to establish peace and
these waters, except for the following uses, restricted (except friendship with India.
as provided in item (c) (11) of Paragraph 5 of Annexure C) 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.

Article III (3)

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. ..

Annexure C (6a)
Within the limits of the maximum Irrigated cropped areas
specified (625,000 acres) against items (b) and (c(i)) in
Paragraph 5, there shall be no restriction on the development
of such of these areas as may be irrigated from an open well,
a tube-well, a spring, a lake (other than a Connecting Lake)
or a tank.
17. Whether Pakistan is permitted to use Ravi and Sutlej rivers water available before the final crossing points into Pakistan? Yes
without interference.
Artcle I (15) Article II (1) states that all the waters of the Eastern Rivers (flowing both in
The term "interference with the waters" India and Pakistan) can be used by India without any restriction subject to
means: explicit exemptions given to Pakistan in the Article II.
a) Any act of withdrawal there from; or
b) Any man-made obstruction to their The exemptions or permitted uses by Pakistan are:
flow which causes a change in the Per Article II (2), Pakistan is allowed to use available water for Domestic

57 of 67
volume (within the practical range of
measurement) of the daily flow of the
water: Provided however that an
obstruction which involves only an
insignificant and incidental change in
the volume of the daily now, for
example, fluctuations due to afflux
caused by bridge piers or a temporary
by-pass, etc., shall not be deemed to
be an interference with the waters.
Article II (1)
All the waters of the Eastern Rivers
shall be available for the unrestricted
use of India, except as otherwise
expressly provided in this Article.
Article II (2)
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
siphon for the B-R-B-D Link in the
case of the Ravi Main.
Article II (3)
and Non-Consumptive uses only without causing any interference with the
waters of the Ravi Main and the Sutlej Main which are located upstream of
the final crossing points.
Per Article II (3), Pakistan is allowed to use available water for Domestic,
Non-Consumptive and Agricultural (as specified in Annexure B) uses only
without causing any interference with the waters of any tributary joining Ravi
Main and the Sutlej Main in the upstream of the final crossing points.
Article II (2) can be divided into two parts as given below for better
understanding. Similarly, Article II (3) also.
Except for Domestic Use and Non-Consumptive Use, Pakistan shall be
under an obligation to let flow 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
and
Pakistan 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.
Per Article I (15), there are two types of ‘interference with the waters’. Water
withdrawal for a use can be from the running water of a stream / river
without any manmade obstruction. Other possibility is to create a manmade
obstruction and block the water flow in the stream / river to change water
flow on daily basis in the downstream of the manmade obstruction (weir /
barrage / dam). Water withdrawal would be made from the water pond
created by the manmade obstruction or controlled water releases from the
pond are made to draw water for the permitted use from the downstream of
the river/stream.
Thus, the permitted water withdrawal for uses by Pakistan shall be from the
flowing / running waters only available in the streams or the main river
58 of 67
Except for Domestic Use, Non-
Consumptive Use and Agricultural Use
(as specified in Annexure B), 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.
Article II (4)
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. If Pakistan should deliver
any of the waters of any such
Tributary, which on the Effective Date
joins the Ravi Main after this river has
finally crossed into Pakistan, into a
reach of the Ravi Main upstream of
this crossing, India shall not make use
of these waters; ..
Article IV (7)
Neither Party will take any action
which would have the effect of
diverting the Ravi Main between
without causing any man made obstruction to the water flow. Construction
of barrages which are manmade obstruction to the natural flow, across the
main river and streams are not permitted to impound the river or stream
flows.
Also Article IV (7) does not permit to draw water from the natural channel
between high banks of the Ravi Main between Madhopur and Lahore, or the
Sutlej Main between Harike and Suleimanke. Thus Pakistan is permitted to
withdraw water for the permitted uses from the Ravi Main and Sutlej Main
only when the naturally flowing water is available outside/above the high
banks (i.e. when river is flooding and overflowing the high banks).
However, per Article II (1), India, with unrestricted water use right, can build
barrages in its territory across the Ravi Main and Sutlej Main to draw water
from above the high banks level to comply with Article IV (7).
As it is not expressly stated in Article II per Article II (1), Pakistan is not
permitted to use the ground water for any use including Domestic, Non-
Consumptive uses in the basin area of Ravi and Sutlej rivers located
upstream of the final crossing points. Utilization/depletion of ground water
by Pakistan would diminish the base flows into the Ravi and Sutlej main
rivers which are allocated to India for unrestricted use per Article II (1).
Pakistan is already violating the IWT provisions by mining/harnessing the
ground water for many uses in this area (including nearly 10,000 hectares
land located on the left bank side of Ravi and Sutlej rivers).
However, per Article II (4), Pakistan can use all the available waters, without
any restriction, of any tributary while flowing in Pakistan, which in its natural
course, joins the Sutlej Main or the Ravi Main downstream of the identified
final crossing points.
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Madhopur and Lahore, or the Sutlej
Main between Harike and Suleimanke,
from its natural channel between high
banks.

18. What are the stipulations of the treaty for river water pollution control?
Article IV (10)
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 :
India has to treat the sewage and industrial waste to the prevailing
customary practice in both countries before releasing into Pakistan territory
from its rivers per Article IV (10). India is able to stop water flows in its
eastern rivers except during floods. During the floods, the sewage water
gets diluted by flood water attaining normal river water quality.
Pakistan should also treat the sewage and industrial waste to the prevailing
customary practice while releasing in to the Ravi and Sutlej rivers before
these rivers cross finally in to Pakistan.
Similarly, Pakistan has to adhere to the required water quality while
releasing effluent water from Nara river or Left Bank Outfall Drain (LBOD)
into Shakoor lake, Sindri lake (these are connecting lakes of Indus river as
per IWT) and Koree creek which are located in India.

Provided that the criterion of

reasonableness shall be the
customary practice in similar
situations on the Rivers.
19. Whether India has to release minimum environmental flows into the rivers to flow into Pakistan? Need not
Article III (3) Final award dated 20 In the absence of any IWT stipulation regarding maintenance of minimum
Pakistan shall have the December 2013 by the PCA environmental flows to reach Pakistan from the Kishanganga RoR
unrestricted use of all waters regarding Kishanganga project/dam, PCA directed India to maintain the same as per the
originating from sources other project. requirement of “principles of customary international environmental law”
than the Eastern Rivers which which is applicable per Annexure G (29) of IWT.
are delivered by Pakistan into Para 85: The Court further
The Ravi or The Sutlej, and reasoned that “India’s duty to However, in case of storage projects/dam with conservation storage,
India shall not make use of ensure that a minimum flow minimum environmental flows need not be released to the downstream of
these waters. reaches Pakistan also stems the dam to reach Pakistan as per Annexure E (20) which states India is at
60 of 67

Annexure E (2g)
"Conservation Storage
Capacity" means the
Reservoir Capacity excluding
Flood Storage Capacity, Dead
Storage Capacity and
Surcharge Storage Capacity,
and "Conservation Storage"
means the corresponding
volume of water.
Annexure E (10)
Notwithstanding the provisions
of Paragraph 7, any Storage
Work to be constructed on a
Tributary of The Jhelum on
which Pakistan has any
Agricultural Use or hydro-
electric use shall be so
designed and operated as not
to adversely affect the then
existing Agricultural Use or
hydro-electric use on that
Tributary.
Annexure E (20)
Subject to the provisions of
Paragraph 8 of Annexure C,
India may make releases from
Conservation Storage in any
manner it may determine.
Annexure G (29)
Except as the Parties may
from the Treaty’s interpretation liberty to release the water from the conservation storage in any manner it
in light of customary may determine.
international law.” It discussed
the role of customary For every main river (Indus or Jhelum or Chenab) or a tributary of these
international law, specifically rivers which are crossing into Pakistan territory from India, India can
principles of customary envisage dams with nominal conservation storage close to the Pakistan
international environmental border and pump back with pumped storage plant all the inflows into the
law, as follows upstream RoR power plant’s reservoir for diversion to other river basins.
Thus minimum environmental flows need not be released into western rivers
……… of Pakistan.
India has unrestricted rights to use the Eastern Rivers water per Article II
Refer (1). So India is not required to release minimum environmental flows into the
https://pcacases.com/web/sen downstream of final crossing points to reach Pakistan in case of Sutlej Main
dAttach/48 for PCA final order and Ravi Main. Also Pakistan can transfer other rivers water into Sutlej Main
dated 20 December 2013 and Ravi Main for any use in its territory per Article III (3). Thus these flows
maintained by Pakistan also serve as minimum environmental flows after
the final crossing points.
Kishanganga RoR project (330 MW): Kishanganga project utilizes 664
meters water head available while diverting Kishanganga river waters to the
adjacent Jhelum Main river. It is stipulated by the PCA that India shall
release maximum 9 cumecs (subject to available daily water flows) into the
downstream Kishanganga river from Kishanganga project as environmental
flows to reach Pakistan territory. There is nearly 50 square kilometers river
catchment area below the Kishanganga dam before the river enters into
Pakistan. Downstream of the Kishanganga dam, the river is taking U-turn to
enter into the Pakistan territory. Per Annexure E(20), nearly 50 million cubic
meters capacity conservation storage dam can be envisaged close to the
Line of Control to impound all the inflows which can be further pumped back
through a 6 km long tunnel into the upstream Kishanganga dam reservoir.
The augmented water into the Kishanganga dam reservoir is also diverted
to the Jhelum river to generate additional electricity by the 330 MW power
plant. As the pumping head (90 m) is not exceeding 15% of the 664 m head
available for the power generation, the storage reservoir with pumping
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otherwise agree, the law to be facility is highly economical to utilize all the waters of Kishanganga river
applied by the Court shall be flowing in India. Water pumping from the storage works/reservoir could be
this Treaty and, whenever achieved by installing a pumped storage scheme to generate peaking and
necessary for its interpretation secondary power additionally.
or application, but only to the
extent necessary for that Annexure E (10) stipulates that any storage works constructed by India on
purpose, the following in the tributaries (Kishanganga, Poonch, etc tributaries) of Jhelum River shall not
order in which they are listed affect adversely the downstream existing agriculture and hydro-electric uses
(a) International conventions located on the same tributary in Pakistan. When power generation of an
existing hydro-electric plant (Neelam Jhelum power plant, located in
establishing rules which are
Pakistan, is a water diversion project to Jhelum river) is reducing below its
expressly recognized by the designed annual average power generation due to inadequate water
Parties. inflows, the power plant is affected adversely by the extent the actual water
impounded by the upstream storage work/reservoir located in India.
(b) Customary international However the storage work can impound all the inflows when the dam of the
law. Neelam Jhelum power plant is overflowing or releasing water to the
downstream Kishanganga/Neelum tributary due to any reason. Pakistan is
not using any water directly for agriculture use from the Kishanganga stream
for imposing restrictions to impound water inflows by the proposed storage
work/reservoir in India.

Thus India can use most of the water available from Western Rivers without
allowing the water to flow into Pakistan except for flushing the sediment into
Pakistan rivers during the rare floods.

Whereas Pakistan need to provide minimum environmental flows (not

unacceptable polluted water from LBOD) to the Shakoor lake located in Ran
of Kutch area in India. Shakoor lake is fed by Nara canal / river which is a
delta channel/branch of Indus river.

20. Whether Pakistan to undertake river training works without causing material damage to India? Yes
Article IV (2) PCA arbitration on Kishanganga The entire left bank of Indus river in Sind province is protected from
… In executing any scheme of project dispute dated 18 February river flooding by constructing around 600 km long river training
flood protection or flood control 2013: levees. The right bank side is also levied from Guddu barrage to
each Party will avoid, as far as Lake Manchar. In response to the levees construction, the river has

62 of 67
practicable, any material damage 373 ….. On the plain meaning of been aggrading rapidly over the last 20 years leading to breaches
to the other Party, … its terms, Article IV(6) concerns upstream of barrages and inundation of large areas including Ran
the maintenance of the physical Kutch area in India during floods. The lower reach of the Indus river
Article IV (3) condition of the channels of the is transforming into “hanging river” where river bed level is higher
Nothing in this Treaty shall be rivers, and not the maintenance of than the land outside the levees/dykes. In September 2010, The
construed as having the effect of the volume and timing of the flow flood waters of the Indus river reached from Indus main in Pakistan
preventing either Party from of water in these channels. The via Nara canal up to Koree Creek and Hadakiya Creek for
undertaking schemes of drainage, Court understands the term discharging the flood waters to the sea. This has happened due to
river training, conservation of soil “channel” in Article IV(6) in its existence of multiple barrages and river training works constructed
against erosion and dredging, or common usage, i.e., to denote the all along the length of the Indus river in Sind province and causing
from removal of stones, gravel or bed of the river, which may or material damage in the form of floods to India per Articles IV (2, 3a, 6
sand from the beds of the Rivers : may not be filled with water. and 9). The levees along the river (particularly all along the right
Provided that Accordingly, the Court sees this bank side and levees on left bank side located close to the sea
a) in executing any of the schemes provision as mandating the coast) are reducing the frequency of floods in Indus flood plains of
mentioned above, each Party will preservation of the natural paths Pakistan while enhancing floods in flood plains of India. It is violation
avoid, as far as practicable, any of the rivers (what India calls the of IWT provisions per Article IV (2, 3a, 6 and 9) by Pakistan and such
material damage to the other “geometry of the channels”) in an river training levees are to be dismantled to ease flood threat in
Party; effort to conserve the rivers’ Indian part of Indus system of rivers.
b) ….. capacity to carry water, thereby
protecting the Parties from dry The earlier PCA verdict giving interpretation of Article IV (6)
Article IV (6) spells and floods. This mandates Pakistan to dismantle all the levees constructed on the
Each Party will use its best interpretation is confirmed by the right side of the Indus Main river and also those levees constructed
endeavors to maintain the natural Treaty’s travaux préparatoires5 on the left side of the river which are preventing the flood flows in to
channels of the Rivers, as on the the creeks of Indus river except to the creeks located in India such
Effective Date, in such condition 374 Further, Article IV(6) does not as Koree Creek and Hadakiya Creek. During the floods, Pakistan
as will avoid, as far as practicable,require the maintenance of the shall not use its irrigation canals which are originating from the
any obstruction to the flow in these condition of the channels so as to barrages constructed across the Indus Main river to flood the Nara
channels likely to cause material avoid any type of riverbed channel/river basin causing flooding in India per Article IV (9).
damage to the other Party. degradation, but bears more
precisely on the avoidance of “any
Article IV (9) obstruction to the flow in these
Each Party declares its intention to channels likely to cause material
operate its storage dams, barrages damage to the other Party.” ……
and irrigation canals in such
manner, consistent with the normal

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operations of its hydraulic
systems, as to avoid, as far as
feasible, material damage to the
other Party.
References: https://www.adb.org/sites/default/files/publication/30431/indus-basin-floods.pdf Indus Basin Floods: Mechanisms, Impacts, and
Management
http://documents.worldbank.org/curated/en/251191548275645649/pdf/133964-WP-PUBLIC-ADD-SERIES-22-1-2019-18-56-25-W.pdf
Pakistan: Getting More from Water
http://www.academia.edu/7017843/INDUS_WATER_FROM_SINDH_PAKISTAN_ENTERED_THE_NAL_SAROVAR_LOCATED_IN_AHMEDA
BAD_DISTRICT_GUJARAT_INDIA Indus water from Sindh, Pakistan entered Nal Sarovar located in Ahmadabad district, Gujarat, India.
21. Whether dams constructed on Indus System of Rivers in Pakistan liable for design scrutiny by India? Yes
Article IV (9) The Rann of Kutch area located in India is a riparian part (Indus delta) of
Each Party declares its Indus System of Rivers situated downstream of Pakistan’s Indus river basin
intention to operate its area. During the earthquakes and/or massive landslides, dam breaks in
storage dams, barrages and Pakistan can happen due to inadequate design or bad construction standards
irrigation canals in such followed while executing the dam and its other works. The water deluge out of
manner, consistent with the a major dam break in Pakistan would lead to flooding or inundation in the
normal operations of its downstream river basin including the Rann of Kutch area in India as the Indus
hydraulic systems, as to river course in Sind province is substantially constricted by constructing
avoid, as far as feasible, massive river training works and number of barrages leading to aggrading of
material damage to the other river bed. The Indus river in Sind province is incapable to route the water
Party. deluge/flood in case of a major dam break without breaching its levees /
dikes. Once breach of the left bank levees takes place, the Rann of Kutch
Article VII (2) area in India would face the wrath of the water deluge which will cause
Future co-operation massive destruction in terms of human lives and property. Pakistan is
planning to build multipurpose water storage reservoirs with massive storage
If either Party plans to for impounding multiyear inflows such as 4,500 MW Diamer-Bhasha Dam,
construct any engineering 3,600 MW Kalabagh Dam, 600 MW Akhori Dam, 4,320 MW Dasu Dam, 7,100
work which would cause MW Bunji Dam, 4,000 MW Thakot dam, 2,400 MW Patan dam, etc.
interference with the waters
of any of the Rivers and Per Article IV (9), Pakistan shall operate/release flood water from its dams to
which, in its opinion, would avoid material damage to downstream and upstream areas located in India.
To fulfill this requirement, the major dams’ designs, construction and
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affect the other Party
materially, it shall notify the
other Party of its plans and
shall supply such data
relating to the work as may
be available and as would
enable the other Party to
inform itself of the nature,
magnitude and effect of the
work. If a work would cause
interference with the waters
of any of the Rivers but
would not, in the opinion of
the Party planning it, affect
the other Party materially,
nevertheless the Party
planning the work shall, on
request, supply the other
Party with such data
regarding the nature,
magnitude and effect, if any,
of the work as may be
available.
Article XI (a)
General Provisions
It is expressly understood
that this Treaty governs the
rights and obligations of each
Party in relation to the other
with respect only to the use
of the waters of the Rivers
and matters incidental
thereto ….
subsequent operation shall be to limit the water release within the carrying
capacity of the downstream river without causing any breach of the levees.
Thus any major dam planned by Pakistan shall have massive flood storage
buffer and designed adequately for the worst possible earthquake and the
landslides in that area. The flood storage buffer provided shall be kept
exclusively for the identified purpose and the normal reservoir water storage
level shall be maintained below the minimum flood storage level per Article IV
(9). Once the flood storage capacity is used for storing the excessive flood
flows, the stored flood water shall be released at the earliest into the
downstream river in controlled manner to keep the flood storage buffer empty
for a subsequent flood. A dam cannot be operated to fulfill the specified
requirements unless it is designed and constructed with the required
operating features. Also Pakistan shall not construct its
barrages/dams/reservoirs both on Eastern and Western rivers in such a
manner to cause submergence and/or sedimentation (material damages)
temporarily or permanently by their back waters in the Indian territory per
Article IV (9).
Per Article VII (2), Pakistan is bound to provide all the followed design and
construction standards on India’s request for its scrutiny. Any deficiency or
inadequacy in the dam design criteria and construction shall be sorted out
mutually or PAC shall resolve the dispute as this aspect falls under the
purview of IWT per Article XI (a).
Per Article VIII (4d and 7), The Indus commissioner of India is permitted along
with the advisers and assistants to inspect the sites / dams in Pakistan to
ascertain their factual situation. Thus India can interfere in the dams’
construction in Pakistan similar to Pakistan is doing in case of Indian dams’
construction on western rivers to opt for sub optimal designs. Thus Pakistan
is forced by the IWT provisions either to dismantle the massive river training
levees constructed to protect its vast flood plains or to stop the major dams’
construction without incorporating the needed/mandated flood storage buffer.
Flood storage buffer provision for the projects taken up by India on western
and eastern rivers is not applicable as India has not constructed any massive
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 levees in its territory to constrict the natural flow capacity of river courses and
flood the area located in Pakistan other than the natural river courses in
Pakistan which is permitted per Article IV (8).
22. Whether existing treaty takes care of climate change factors? Yes
No specific stipulation Between India and Pakistan, IWT made water use allocations by identifying catchment area
mentioning future wise division of the Indus system of rivers without any firm quantified water allocations. Due to
“climate change” but climate change, the future water availability with respect to time, area and quantity may vary in
Articles II and III are these rivers. Both countries have to bear the climate induced benefit or loss as per the changes
applicable in general. taken place in their identified catchment areas of the Indus system of rivers.

IWT is a perpetual treaty between India and Pakistan to share and use the water flowing or
available in Indus System of Rivers (ISR) located in India and Pakistan unless terminated or
modified by both countries. Climate change factors do not make IWT void or obsolete treaty.

References:
http://mowr.gov.in/sites/default/files/INDUS%20WATERS%20TREATY.pdf Full text of Indus Water Treaty
http://59.179.19.250/GeoVisualization.html Water Resources Information System of India (WRIS), Geo-Visualization map
http://siteresources.worldbank.org/SOUTHASIAEXT/Resources/223546-1171996340255/BagliharSummary.pdf Executive Summary, Neutral
Expert determination in the case of Baglihar project, 12 February, 2007.

https://pcacases.com/web/sendAttach/1681 Permanent Court of Arbitration verdict dated 18 February, 2013 on Kishanganga project.

https://pcacases.com/web/sendAttach/48 Permanent Court of Arbitration final verdict dated 20 December, 2013 on Kishanganga project.

http://documents.worldbank.org/curated/en/251191548275645649/pdf/133964-WP-PUBLIC-ADD-SERIES-22-1-2019-18-56-25-W.pdf
Pakistan: Getting More from Water
https://www.adb.org/sites/default/files/publication/30431/indus-basin-floods.pdf Indus Basin Floods: Mechanisms, Impacts, and Management
http://www.commonlii.org/in/other/treaties/INTSer/1978/18.pdf Agreement for the Salal project between India and Pakistan dated 14 April 1978
http://www.academia.edu/7017843/INDUS_WATER_FROM_SINDH_PAKISTAN_ENTERED_THE_NAL_SAROVAR_LOCATED_IN_AHMEDA
BAD_DISTRICT_GUJARAT_INDIA Indus water from Sindh, Pakistan entered Nal Sarovar located in Ahmadabad district, Gujarat, India
66 of 67
http://s3.amazonaws.com/zanran_storage/www.dams.org/ContentPages/1311315.pdf Water Resources and Operational Management of
Tarbela Dam in Pakistan (Chapter 3.4)
https://www.scribd.com/document/402090810/Indus-Water-Treaty-as-a-potential-peace-keeper-between-India-and-Pakistan Indus Water
Treaty as a potential peace keeper between India and Pakistan.
www.akshardhool.com/2013/09/two-disasters-that-changed-indias-south.html Two disasters that defined India's south-west border with
Pakistan forever.
https://en.wikipedia.org/wiki/Left_Bank_Outfall_Drain Left bank outfall drain.
https://sandrp.in/2017/03/27/rajasthan-rivers-profile/ Rajasthan rivers profile
https://sandrp.files.wordpress.com/2018/03/ghaggar-dams150411.jpg Ghaggar river basin
https://sandrp.files.wordpress.com/2018/03/map_of_luni_river_basin.pdf Luni river basin
https://sandrp.files.wordpress.com/2018/03/hydropower_projects_in_indus_basin.pdf Hydropower projects in Indus basin
https://www.scribd.com/document/58789323/Fixed-Steel-Dams Dams Made of Steel !!
http://www.rockmass.net/files/unlined_pressure_conduits.pdf Unlined pressure conduits - used in hydropower plants
http://www.iwmi.cgiar.org/Publications/IWMI_Research_Reports/PDF/pub083/RR83.pdf Spatial Variation in Water Supply and Demand across
River Basins of India.
http://shodhganga.inflibnet.ac.in/bitstream/10603/70554/9/09_chapter5.pdf Hydrology and Water Budget of Wular Lake (refer Figure 5.5)

This paper was first written in November, 2017 and updated later

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