ISLAMABAD, Aug 28 (APP):The designs of Kishanganga and Ratle Hydroelectric Plants do not conform to the relevant provisions of Indus Water Treaty, Minister for Water Resources Makhdoom Khusro Bakhtiar told Senate on Tuesday.
In a written reply to the question of Senator Agha Shahzaib Duirrani, he said India had constructed Kishanganga Hydroelectric Plant on Neelum, however, the construction on Ratle Hydroelectric
Plant was not yet started.
He said India was allowed to construct hydroelectric power plants on the Western Rivers ( Indus,
Jhelum and Chenab) subject to the design construction
and operational constraints as per Indus Water Treaty.
Accordingly, Pakistan, after exhausting the bilateral dialogue at the
level of Permanent Indus Commission and the Secretaries of the Ministries of Water
Resources of both Pakistan and India, referred the case to the World Bank on
19-08-2016 for empanelment of the Court of Arbitration to get the dispute resolved
according to Treaty’s dispute resolution mechanism.
To frustrate Pakistan’s request for arbitration, he said India filed a parallel request (subsequent to Pakistan’s request for arbitration). The President World Bank engaged with the Parties to forge
a consensus.
The Bank so far could not succeed in developing a consensus on which
Pakistan has conveyed its serious concerns from time to time. Matter is being perused
with the Bank.
It is important to mention that in case India unilaterally proceeds for construction of
a project and gets it completed, Treaty’s Article IV (14) does not recognize
such unilateral action as India’s right.
The said Article IV (14) is as below:
“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.”