Pakistan is all set to challenge the decision of the Hague-based International Court of Justice (ICJ) on India's 330MW Kishanganga hydroelectric project, and the ongoing construction on 850 MW Ratle Hydroelectric plant on Chenab River in violation of the Indus Water Treaty, well informed sources told Business Recorder.
The issue of water dispute with India was discussed in detail at a recent meeting of stakeholders wherein it was decided that a three- member delegation headed by the Attorney General for Pakistan, Salman Aslam Butt, would visit the USA and hold face-to-face discussions with shortlisted law firms prior to deciding which one would take up Pakistan's case at the forum of neutral experts.
The AGP discussed the matter with Prime Minister Nawaz Sharif who gave his consent to the proposal of the participants to seek review of ICJ's decision on Kishanganga and challenge construction of Ratle hydroelectric plant.
The sources said AGP office considers it appropriate to include Pakistan Commissioner for Indus Waters, Mirza Asif Baig and Joint Secretary (Water), Ministry of Water and Power, Mahar Ali Shah as members of his delegation.
India on a couple of occasions has conveyed to Pakistan that it should resolve water disputes bilaterally instead of taking them up at the international fora.
There is a perception in the corridors of power that the PPP government did not contest the case of Kishanganga with enthusiasm.
The Kishanganga project will divert a portion of the Neelum River from Pakistan which will reduce power generation at the Neelum-Jhelum Hydropower Plant. India states the project will divert 10 percent of the river's flow while other estimates stand as high as 33 percent.
Pakistani legal and water experts argue that there are flaws in the decision of ICJ and Pakistan can get relief in case the decision is challenged.
In addition to Kishanganga hydroelectric project, Pakistan and India have disputes over quite a few small dams including Ratle Hydroelectric Plant which, according to sources, would have a negative impact on Pakistan's inflows from the Indian-Held Kashmir and is in violation of the World Bank-brokered Indus Water Treaty.
The International Court of Justice gave its "final award" on 20th December 2013, wherein it allowed New Delhi to go ahead with the construction of Kishanganga over which Islamabad had raised objections. The court delivered its "final award" after India requested clarification of an order issued by it in February. The "final award" specifies that 9 m3/s of natural flow of water must be maintained in Kishanganga river at all times to maintain the environment downstream. The court said alternative techniques will have to be used for Kishanganga hydroelectric project and all future run of the river projects undertaken on western rivers of the Indus system. The western rivers are allocated to Pakistan under the Indus Waters Treaty of 1960
Pakistan is also constructing 969MW hydropower electric project at Neelum river in Azad Kashmir which has been delayed due to funding constraints. Wapda still needs around $500 million to complete the project which has begun without a financial close.
Ratle Hydroelectric project includes a 13 m (436 ft) tall gravity dam and two power stations adjacent to one another. Water from the dam will be diverted through four intake tunnels about 400 m south-west to power stations, the main power station will contain four 205 MW Francis turbines whereas auxiliary power station will contain one 30 MW Francis turbine. The installed capacity of both power stations will be 850 MW. The project is expected to be completed by February 2018.
In 1947, the water availability in Pakistan was 5,650 cubic meters per person which kept on decreasing: (i) due to the Indus Water Treaty 1960 giving away 33 MAF water of three eastern rivers to India; (ii) a gradual decline in trans-boundary flows into Pakistan which has been alarmingly raised up to the tune of 10.25 MAF; and (iii) exceptional growth in population of Pakistan making per capita water availability in Pakistan as low as 964 cubic meters per year which makes us a water deficit country and can hamper our well-being and at the same time severely impact future economic development.
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