BAGLIHAR DAM 

Outlines: 



Historical background----------Indus Water Basin Treaty ____ Construction of Dam------Bilateral Talks between India and Pakistan----------World Bank's role _Conclusion. 

The partition of sub-continent also resulted into division of Indus Basin. Resultantly, India appeared as upper riparian while Pakistan became lower riparian. Like some other important issues, the issue of utilization of water by the two countries was left unsolved. Resultantly, taking advantage of its position, India stopped the water of the eastern rivers with the result that Pakistan's irrigation system especially in the province of Punjab, was camouflaged. In view of the gravity of the issue, Pakistan agitated the matter before Indian authorities and international forum. India provisionally restored the supply of water in May, 1948. 

The matter was finally decided between the two countries in the year 1960 when a treaty was signed by both countries under the auspices of World Bank being third party to the treaty known as "Indus Water Basin Treaty". Under the said treaty, three eastern rivers, namely, Ravi, Bias, Sutlej were given to India while Pakistan's right over three western rivers, namely, Chenab, Jhelum and Indus was acknowledged. It was concluded that both countries would have exclusive right over the water of the rivers of their respective share. It was also provided that Pakistan would construct water storage on western rivers as a substitution for eastern rivers and India would pay compensation for construction of the said reservoirs. 

The treaty also envisages the procedure for disposal of disputes in future (Article IX). Further, it was covenanted that Indus Water Commission shall be set up (Article VIII). The Commission would be comprised of two members, one from each country. The Commission would meet annually and give information about latest position regarding construction of any water storage in both the countries. 

For the first time the information, regarding construction of Baglihar Dam on river Chenab in district Doda in held Kashmir, was provided to Pakistan authorities in the year 1992. From that year Pakistan had been taking up the matter with India. To Pakistan, the construction of the said Dam is in violation of the Indus Water Basin Treaty as it would impede the flow of water in river Chenab. Further, India is going to divert the direction of water. In this way, Pakistan would be deprived of about 700 MAF water daily. 

On the other hand Indian authorities are of the view that they have not violated the terms of the treaty in any manner rather they constructed the Dam with a view to fulfilling their domestic needs and meet with the agricultural requirements. They are of the view that under Annexure 'C’ ‘D' and `E' India can utilize the water of western rivers for agriculture, generation of hydro-electric power and storage purposes. 

In view of the above divergent stances, the matter came under discussion in bilateral talks on different occasions, but of no avail. India continued with the construction of the disputed dam despite the agitation for stoppage of construction on the dam by Pakistan. Finally, Foreign Secretary level talks were held in March, 2005 to find out any solution but in vain. 

In the above scenario, Pakistan was left with no option but to approach the World Bank, under Article IX of the Indus Water Basin Treaty, for resolution of the dispute. Accordingly Pakistan brought the matter before the World Bank being signatory of the Treaty. After considering the application of Pakistan, as provide in Annexure 'F' a neutral expert has been appointed by the World Bank with the consult of both the countries. Now, the neutral expert will visit the site and in case he comes to the conclusion that the matter is not of technical nature rather it is a dispute, then the matter shall be referred for arbitration as per Annexure 'G'. The decision of the Arbitration Court shall be binding upon both the countries. 

It is important to note that seeing their defeat at diplomatic level, Indian authorities have, once again shown their readiness to hold talks on the disputed dam subject to withdrawal of the application from the World Bank by Pakistan. 

To conclude, we may say that both parties are bound by the undertaking; they had given in Indus Water Basin Treaty. Further, it is the duty of international community, especially World Bank, to pressurize India to comply with the terms and conditions of the Treaty. Pakistan should have taken the matter before World Bank much earlier. Now Pakistan should not be allured by the Indian offer for talks rather Pakistan should get the matter settled, once for all, through the mediation of World Bank Pakistan should be vigilant to guard against its interests especially with reference to water resources as Indian authorities have further approved construction of a number of water storages on western rivers.