WHAT IS INDUS WATER TREATY?
The IWT was signed by India and Pakistan on September 19, 1960 to determine the distribution of the waters of the Indus and its tributaries.
It was signed in Karachi by then Prime Minister Jawaharlal Nehru and Pakistan President Ayub Khan after 9 years of negotiation arranged by the World Bank.
Under the IWT India enjoys "unrestricted use" of three "Eastern Rivers" (Beas, Ravi, Sutlej) whereas Pakistan controls the three "Western rivers" (Indus, chenab, Jhelum).
This, in effect, gives India roughly 30% and Pakistan 70% of the water carried by the Indus river system.
According to article III(1) of the treaty, "India is under obligation to let flow" waters of the Western reverse to Pakistan.
India can use 20% of the water of the three Western rivers for purposes of irrigation transport and power generation.
WHAT'S THE DISPUTE?
Pakistan objects to the design features of two hydroelectric projects currently under construction in J&K- the kishanganga HEP on kishanganga, a tributary of the Jhelum, and the Ratle HEP on the Chenab.
Although they are "run-of- the- river" projects, which generate electricity without obstructing the natural flow of the river, Pakistan has repeatedly alleged that these violate the IWT.
In 2015, Pakistan requested the appointment of a Neutral Expert to examine its technical objections to the projects.
However, it unilaterally retracted this request for a year later, and instead proposed adjudiction by the Permanent Court of Arbitration (PCA).
Article IX of the IWT provides for a graded three- level dispute settlement mechanism, in which disputes are first decided at the level of the Indus Commissioner of India and Pakistan.
Then escalated to the World bank- appointed Neutral Expert, and only then to the PCA in the Hague.
WHY IS THE EXPERT'S DECISION SIGNIFICANT?
The neutral expert has held three meetings with the Parties concerned. He visited the Kishanganga and Ratle Project last June.
During the Neutral Expert meetings, Pakistan submitted that the "Points of Difference" raised by India do not fall within "Part I of Annexure F" of the Treaty, effectively taking the issue outside the remit of the Neutral Expert.
India on the other hand, had argued that these fell "squarely and entirely" within the aforementioned part of the Treaty, making the Neutral Expert "Duty Bound" to render a decision on their merits.
WHAT HAS HAPPENED?
The Neutral Expert appointed by the World Bank under the terms of the Indus Water Treaty (IWT) has decided that he is "Competent" to adjudicate on the differences between India and Pakistan regarding the design of two hydroelectric projects in J&K Vindicating New Delhi's long-held position.
"The decision upholds and vindicates India's stand that all the seven questions that were referred to the neutral expert, in relation to the kishanganga and the Ratle hydroelectric projects, are differences falling within his competence under the Treaty," The ministry of External Affairs said on Tuesday.
Sources said India's September 2024 notification highlights "fundamental and unforeseen changes in circumstances" which necessitate a need to revisit the Treaty.
These include the "change in population demographics, environmental issues and the need to accelerate development of clean energy to meet India's emission targets, and the impact of persistent cross border terrorism".
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