Pakistan claims that the
Kishanganga project would reduce the power generation capacity of the
969-megawatt Neelum-Jhelum plant by about 11 percent. It also contends that the
diversion would result in an ecological disaster for the area
When Pakistan and India signed the Indus Waters Treaty (IWT) in 1960, it was
thought that it would forever put to end water as an issue between them.
However, today it appears as if that promise was unfounded.
This is borne out by the numbers of water-related disputes that keep cropping up
between the two countries every few years. First it was Sallal Dam, then Wullar
Barrage followed by Baglihar Dam.
Now it is the Kishanganga Dam that has embroiled the two countries in a dispute.
Their Indus Waters Commissioners have recently concluded a second round of talks
on the issue and are to meet again next month in New Delhi for another round.
What is the nature of this controversy and what are the prospects of a
negotiated settlement? The controversy owes its genesis to India’s plan to
build a 330-
megawatt hydro-power plant in Indian-held Kashmir across the Jhelum River. The
dam site is located 160 km upstream from Muzaffarabad and involves the diversion
of Kishanganga River (called the Neelum River in Pakistan) to a tributary named
Bunar Madumati Nullah of Jhelum near Bunkot. The diversion will change the
course of the Neelum by about 100 km, which will then join the Jhelum through
Wullar lake near the town of Bandipur in Baramula district. As a result of this
diversion, the Neelum and Jhelum rivers, which at present join each other near
Muzaffarabad at Domail, will meet in Indian-held Kashmir.
Pakistan regards the project as a violation of the IWT. It raised a number of
objections in 2004 as a result of which India revised the design of the dam in
order to meet Pakistan’s objections. Pakistan, however, was still not satisfied
with the revised design and raised fresh objections.
During the current round of negotiations these objections, which relate to gate
structure, height and size, level, diversion plan, storage capacity, power
intact and free board were discussed. However, there was no agreement on any one
of them because the two sides refused to budge from their stated positions.
Discussions could not be completed on the technical and legal aspects of the
issue because of paucity of time.
Of all the objections that Pakistan has raised, diversion of the Neelum is
perhaps the core issue. Pakistan argues that India can store water but cannot
divert it because under the IWT, it is under obligation to release as much water
downstream as it stores. In its opinion, the diversion would reduce the flow of
water into Pakistan by about 11 percent in summer and about 27 percent in
winter, which would be contrary to the IWT as the Western rivers that are in
question belong to Pakistan.
Similarly, Pakistan claims that the project would reduce the power generation
capacity of the 969-megawatt Neelum-Jhelum plant by about 11 percent. It also
contends that the diversion would result in an ecological disaster for the area.
It has no exact data at present but has commissioned an international firm to
prepare an environmental damage assessment report.
Pakistan also objects to the construction of the Kishanganga project on the
ground that it would affect power generation capacity of the plant that it is
building on the Neelum-Jhelum confluence. Besides, it argues that the
feasibility study of the Neelum-Jhelum project that it has completed entitles it
to stop India from building a storage facility for diverting water. In its view,
the planned use of the river Jhelum by it is as good as the term “use of water”
in the IWT.
India categorically rejects Pakistan’s line of argument. To begin with, it
disputes the contention that the diversion would reduce the flow of water into
Pakistan. In its view, the quantum of water would remain the same as before. The
only difference that the diversion, in its opinion, would make would be that
instead of meeting in Azad Kashmir as is the case at present, the Neelum and
Jhelum rivers would meet in the Indian-held Kashmir.