The
Indus Waters Treaty
Date: September 19,
1960
Place: Karachi, Pakistan
Historical Context
The partition of the Indian subcontinent created a conflict over the
waters of the Indus basin. In 1951, David Lilienthal wrote an
influential article in Colliers magazine suggesting that the
World Bank use its good offices to bring India and Pakistan to an
agreement over how to share and manage the river system. The President
of the World Bank, Eugene R. Black, agreed to act as a conduit of
agreement between the two states. Finally, in 1960, after several years
of arduous negotiations did an agreement take form. Even today, the
Indus Waters Treaty is the only agreement that has been faithfully
implemented and upheld by both India and Pakistan. Following the
terrorist attack on the Indian Parliament on December 13, 2001, several
high profile commentators in India suggested that the treaty should be
scrapped, though the Indian government made no intimations that it was
considering such a move.
Abridged Text of Indus
Waters Treaty (Signed in Karachi on September 19, 1960)
The Government of India
and the Government of Pakistan, being equally desirous of attaining the
most complete and satisfactory utilisation of the waters of the Indus
system of rivers and recognising the need, therefore, of fixing and
delineating, in a spirit of goodwill and friendship, the rights and
obligations of each in relation to the other concerning the use of these
waters and of making provision for the settlement, in a cooperative
spirit, of all such questions as may hereafter arise in regard to the
interpretation or application of the provisions agreed upon herein, have
resolved to conclude a Treaty in furtherance of these objectives, and
for this purpose have named as their plenipotentiaries:
The Government of India:
Shri Jawaharlal Nehru, Prime Minister of India, and The Government of
Pakistan: Field Marshal Mohammad Ayub Khan, H.P., H.J., President of
Pakistan, who, having communicated to each other their respective Full
Powers and having found them in good and due form, have agreed upon the
following Articles and An
Article II
Provisions Regarding
Eastern Rivers
All the waters of the
Eastern Rivers shall be available for the unrestricted use of Inida,
except as otherwise expressly provided in this Article.
Except for Domestic Use
and Non-Consumptive Use, Pakistan shall be under an obligation to let
flow, and shall not permit any interference with, the waters of the
Sutlej Main and the Ravi Main in the reaches where these rivers flow in
Pakistan and have not yet finally crossed into Pakistan. The points of
final crossing are the following: (a) near the new Hasta Bund upstream
of Suleimanke in the case of the Sutlej Main, and (b) about one and a
half miles upstream of the syphon for the B-D Link in the case of the
Ravi Main.
Except for Domestic Use,
Non-Consumptive Use and Agricultural Use, Pakistan shall be under an
obligation to let flow, and shall not permit any interference with, the
waters (while flowing in Pakistan) of any Tributary which in its natural
course joins the Sutlej Main or the Ravi Main before these rivers have
finally crossed into Pakistan.
All the waters, while
flowing in Pakistan, of any Tributary which, in its natural course,
joins the Sutlej Main or the Ravi Main after these rivers have finally
crossed into Pakistan shall be available for the unrestricted use of
Pakistan: Provided however that this provision shall not be construed as
giving Pakistan any claim or right to any releases by India in any such
Tributary.
There shall be a
Transition Period during which India shall (i) limit its withdrawals for
Agricultural Use, (ii) limit abstractions for storages, and (iii) make
deliveries to Pakistan from the Eastern Rivers.
The Transition Period
shall begin on 1st April 1960 and it shall end on 31st March 1970, or,
if extended under the provisions of Part 8 of Annexure H, on the date up
to which it has been extended. In any event, whether the Transition
Period shall end not later than 31st March 1973.
During the Transition
Period, Pakistan shall receive for unrestricted use the waters of the
Eastern Rivers which are to be released by India in accordance with the
provisions of Annexure H. After the end of the Transition Period,
Pakistan shall have no claim or right to releases by India of any of the
waters of the Eastern Rivers. In case there are any releases, Pakistan
shall enjoy the unrestricted use of the waters so released after they
have finally crossed into Pakistan: Provided that in the event that
Pakistan makes any use of these waters, Pakistan shall not acquire any
right whatsover, by prescription or otherwise, to a continuance of such
releases or such use.
Article III
Provision Regarding
Western Rivers
Pakistan shall receive for
unrestricted use all those waters of the Western Rivers which India is
under obligation to let flow under the provisions of Paragraph (2).
India shall be under an
obligation to let flow all the waters of the Western Rivers, and shall
not permit any interference with these waters, except for the following
uses, restricted in the case of each of the rivers, The Indus, The
Jhelum and The Chenab, to the drainage basin thereof: (a) Domestic Use;
(b) Non-Consumptive Use; (c) Agricultural Use, as set out in Annexure C;
and (d) Generation of hydro-electric power, as set out in Annexure D.
Pakistan shall have the
unrestricted use of all waters originating from sources other than the
Eastern Rivers which are delivered by Pakistan into The Ravi or The
Sutlej, and India shall not make use of these waters.
Except as provided in
Annexures D and E, India shall not store any water of, or construct any
storage works on, the Western Rivers.
Article IV
Provisions Regarding
Eastern Rivers and Western Rivers
Pakistan shall use its
best endeavors to construct and bring into operation with due regard to
expedition and economy, that part of a system of work which will
accomplish the replacement, from the Western Rivers and other sources,
of water supplies for irrigation canals in Pakistan which, on 15th
August 1947, were dependent on water supplies from the Eastern Rivers.
Each Party agrees that any
Non-Consumptive Use made by it shall be made as not to materially
change, on account of such use, the flow in any channel to the prejudice
of the uses on that channel by the other Party under the provisions of
this Treaty.
Nothing in this Treaty
shall be construed as having the effect of preventing either Party from
undertaking schemes of drainage, river training, conservation of soil
against erosion and dredging, or from removal of stones, gravel or sand
from the beds of the Rivers: Provided that in executing any of the
schemes mentioned above, each Party will avoid, as far as practicable,
any material damage to the other Party.
Pakistan shall maintain in
good order its portions of the drainages mentioned below with capacities
not less than the capacities as on the Effective Date: (i) Hudiara
Drain, (ii) Kasur Nala, (iii) Salimshah Drain, (iv) Fazilka Drain.
If Inida finds it
necessary that any of the drainages mentioned in Paragraph (4) should be
deepened or widened in Pakistan, Pakistan agrees to undertake to do so
as a work of public interest, provided India agrees to pay the cost of
the deepening or widening.
Each Party will use its
best endeavors to maintain the natural channels of the Rivers, as on the
Effective Date, in such condition as will avoid, as far as practicable,
any obstruction to the flow in these channels likely to cause material
damage to the other Party.
Neither Party will take
any action which would have the effect of diverting the Ravi Main
between Madhopur and Lahore, or the Sutlej Main between Harike and
Suleimanke, from its natural channel between high banks.
The use of the natural
channels of the Rivers for the discharge of flood or other excess waters
shall be free and not subject to limitation by either Party, and neither
Party shall have any claim against the other in respect of any damage
caused by such use. Each Party agrees to communicate to the other Party,
as far in advance as practicable, any information it may have in regard
to such extraordinary discharges of water from reservoirs and flood
flows as may affect the other Party.
Each Party declares its
intention to operate its storage dams, barrages and irrigation canals in
such manner, consistent with the normal operations of its hydraulic
systems, as to avoid, as far as feasible, material damage to the other
Party.
Each Party declares its
intention to prevent, as far as practicable, undue pollution of the
waters of the Rivers which might affect adversely uses similar in nature
to those to which the waters were put on the Effective Date, and agrees
to take all reasonable measures to ensure that, before any sewage or
industrial waste is allowed to flow into the Rivers, it will be treated,
where necessary, in such manner as not materially to affect those uses:
Provided that the criterion of reasonableness shall be the customary
practice in similar situations on the Rivers.
The Parties agree to
adopt, as far as feasible, appropriate measures for recovery, and
restoration to owners, of timber and other property floated or floating
down the Rivers, subject to appropriate charges being paid by the
owners.
Except as otherwise
required by the express provisions of this Treaty, nothing in this
Treaty shall be construed as affecting existing territorial rights over
the waters of any of the Rivers or the beds or banks thereof, or as
affecting existing property rights under municipal law over such waters
or beds or banks.
Article V
Financial Provisions
In consideration of the
fact that the purpose of part of the system of works referred to in
Article IV (1) is the replacement, from the Western Rivers and other
sources, of water supplies for irrigation canals in Pakistan which on
15th August 1947 were dependent on water supplies from the Eastern
Rivers, India agrees to make a fixed contribution of Pounds Sterling
62,060,000 towards the costs of these works.
The sum of Pounds Sterling
62,060,000 shall be paid in ten equal installments on the 1st of
November of each year.
Each of the instalments
shall be paid to the Bank for the credit of the Indus Basin Development
Fund to be established and administered by the Bank.
These financial provisions
shall not be construed as conferring upon India any right to participate
in the decisions as to the system of works which Pakistan constructs or
as constituting an assumption of any responsibility by India or as an
agreement by India in regard to such works.
Except for such payments
as are specifically provided for in this Treaty, neither Party shall be
entitled to claim any payment for observance of the provisions of this
Treaty or to make any charge for water received from it by the other
Party.
Article VI
Exchange of Data
The following data with
respect to the flow in, and utilisation of the waters of, the Rivers
shall be exchanged regularly between the Parties: (a) Daily guage and
discharge data relating to flow of the Rivers at all observation sites.
(b) Daily extractions for or releases from reservoirs. (c) Daily
withdrawals at the heads of all canals operated by government or by a
government agency, including link canals. (d) Daily escapages from all
canals, including link canals. (e) Daily deliveries from link canals.
Article VII
Future Co-operation
The two Parties recognize
that they have a common interest in the optimum development of the
Rivers, and, to that end, they declare their intention to co-operate, by
mutual agreement, to the fullest possible extent.
Article VIII
Permanent Indus
Commission
India and Pakistan shall
each create a permanent post of Commissioner for Indus Waters, and shall
appoint to this post, as often as a vacancy occurs, a person who should
ordinarily be a high-ranking engineer competent in the field of
hydrology and water-use. Unless either Government should decide to take
up any particular question directly with the other Government, each
Commissioner will be the representative of his Government for all
matters arising out of this Treaty, and will serve as the regular
channel of communication on all matters relating to the implementation
of the Treaty, and, in particular, with respect to (a) the furnishing or
exchange of information or data provided for in the Treaty; and (b) the
giving of any notice or response to any notice provided for in the
Treaty.
The status of each
Commissioner and his duties and responsibilities towards his Government
will be determined by that Government.
The two Commissioners
shall together form the Permanent Indus Commission.
The purpose and functions
of the Commission shall be to establish and maintain co-operative
arrangements for the implementation of this Treaty and to promote
co-operation between the Parties in the development of the waters of the
Rivers.
The Commission shall
determine its own procedures.
Article IX
Settlement of
Differences and Disputes
Any question which arises
between the Parties concerning the interpretation or application of this
Treaty or the existence of any fact which, if established, might
constitute a breach of this Treaty shall first be examined by the
Commission, which will endeavor to resolve the question by agreement.
If the Commission does not
reach agreement on any of the questions mentioned in the Paragraph (1),
then a difference will be deemed to have arisen, which shall be dealt
with by a Neutral Expert. If the Neutral Expert has informed the
Commission that, in his opinion, the difference should be treated as a
dispute, then a dispute will be deemed to have arisen.
As soon as a dispute to be
settled has arisen, the Commission shall, at the request of either
Commissioner, report the fact to the two Governments, as early as
practicable, stating in its report the points on which the Commisssion
is in agreement and the issues in dispute, the views of each
Commissioner on these issues and his reasons therefor.
Either Government may,
following receipt of the report, or if it comes to the conclusion that
this report is being unduly delayed in the Commission, invite the other
Government to resolve the dispute by agreement.
A court of Arbitration
shall be established to resolve the dispute.
Article X
Emergency Provisions
If, at any time prior to
31st March 1965, Pakistan should represent to the Bank that, because of
the outbreak of large-scale international hostilities arising out of
causes beyond the control of Pakistan, it is unable to obtain from
abroad the materials and equipment necessary for the completion, by 31st
March 1973, of that part of the system of works referred to in Article
IV (1) which related to the replacement referred to therein,
(hereinafter referred to as the replacement element) and if, after
consideration of this representation in consultation with India, the
Bank is of the opinion that (a) these hostilities are on a scale of
which the consequence is that Pakistan is unable to obtain in time such
materials and equipment as must be procured from abroad for the
completion, by 31st March 1973, of the replacement element, and (b)
since the Effective Date, Pakistan has taken all reasonable steps to
obtain the said materials and equipment and has carried forward the
construction of the replacement element with due dilligence and all
reasonable expedition, the Bank shall immediately notify each of the
Parties accordingly. The Parties undertake that in being so notified,
they will forthwith consult together and enlist the good offices of the
Bank in their consultation, with a view to reaching mutual agreement as
to whether or not, in light of all circumstances prevailing, any
modifications of the provisions of this Treaty are appropriate and
advisable and, if so, the nature and the extent of the modifications.
Article XII
Final Provisions
This Treaty consists of the Preamble,
the Articles hereof and Annexures A to H hereto, and may be cited as
"The Indus Waters Treaty 1960."
This Treaty shall be
ratified and the ratifications therof shall be exchanged in New Delhi.
It shall enter into force upon the exchange of ratifications, and will
then take effect retrospectively form the first of April 1960.
The provisions of this
Treaty may from time to time be modified by a duly ratified treaty
concluded for that purpose between the two Governments.
The provisions of this
Treaty, or the provisions of this Treaty as modified under the
provisions of Paragraph (3), shall continue in force until terminated by
a duly ratified treaty concluded for that purpose between the two
Governments.
In witness whereof the
respective Plenipotentiaries have signed this Treaty and have hereunto
affixed their seals.
Done in triplicate in
English at Karachi on this Nineteenth day of September 1960.
[Signed:]
For the Government of India:
Jawaharlal Nehru
For the Government of Pakistan:
Mohammad Ayub Khan
Field Marshal, H.P., H.J.
For the International Bank for Reconstruction and Development:
W. A. B. Iliff
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