330 megawatts Kishanganga project: ICA, India to weigh in Pakistan's arguments

A delegation comprising judge of International Court of Arbitration (ICA) and Indian Secretary Water Resources, are to inspect 969 MW Neelum Jhehlum Hydroelectric Project to weigh Pakistan's arguments against construction of 330 MW Kishanganga Hydroelectric Project in held Kashmir, well informed sources told Business Recorder.
The sources said one member of the delegation has already reached Islamabad whereas others are expected on Friday evening or Saturday. The delegation will stay in Pakistan for two days. The Water and Power Development Authority (Wapda) has already expedited construction work Neelum Jhehlum hydropower project and officials claim that the project will be completed ahead of schedule.
In September last year, ICA had barred India from any permanent works on the controversial Kishanganga Hydroelectric Project on River Neelum in response to Pakistan's appeal for 'interim measures' against the dam. The arbitration court took the decision on an appeal filed by Pakistan that India was diverting the flow of the river and violating Indus Water Treaty (IWT) between the two countries.
The court of arbitration passed a unanimous order on Pakistan's application for 'interim measures' against the construction of the Kishanganga dam. According to the court order India shall not proceed with the construction of any permanent works on or above the Kishanganga/Neelum river bed at the Gurez site that may inhibit the restoration of the flow of the river to its natural channel.
Pakistan and India shall arrange for periodic joint inspections of the dam site at Gurez in order to monitor the implementation of the court order. The anomalous delay in awarding the Neelum Jhehlum Hydroelectric Project by the Ministry of Water and Power paved way for India to start the controversial Kishanganga Hydroelectric Project in May 2007.
Prime Minister's Advisor on Water, Kamal Majeed Ullah represented Pakistan as agent. The catchment area at Kishanganga dam site is roughly 1820 square kilometres, and annual average flow is 115,900 cusecs. Diverting this flow towards a tributary, named Bunar Madumati Nullah, of Jhelum River through a 22-kms tunnel, would be a clear violation of the Article (clause) 1V-3-c of the Indus Waters Treaty. This diversion will increase the catchment area of the Jhelum River.
The Article 1V (-C-) explicitly says that India shall not take any action to increase the catchment area, beyond the area on the effective date, of any natural or artificial drainage and drain which crosses into Pakistan, and shall not undertake such construction or remodelling of any drainage or drain which so crosses as might cause material damages in Pakistan; and increase in catchment area is violation of this article of the treaty.