Indus Waters Treaty Proceedings and Arbitration
The recent ruling from the Hague-based Permanent Court of Arbitration (CoA) has intensified the disagreements between India and Pakistan regarding the Indus Waters Treaty. The CoA's decision restricts India's rights concerning water storage at hydropower plants and mandates minimum water flow to Pakistan. India has rejected these rulings and has requested a renegotiation of the treaty, to which Pakistan has not responded.
Key Issues in the Dispute
- Constitution of the CoA: India contends that the CoA was illegally constituted and thus does not recognize its decisions.
- CoA's Award on May 15, 2026: India rejected the award that addressed the maximum pondage and general interpretation of the treaty, maintaining that the decisions of this CoA are null and void.
- Construction and Development in J&K: Following the Pahalgam attack, India accelerated hydropower projects in Jammu & Kashmir, ignoring the CoA's intervention.
Technical Disagreements
- Maximum Pondage Calculation:
- Pakistan argues it should be based on the minimum mean discharge (MMD), while India considers the hydropower plant's installed capacity and anticipated load in addition to MMD.
- CoA's Stance:
- The CoA ruled that hydropower plants' water storage requirements should realistically reflect both firm and secondary power capacities.
- India's water storage plans must include minimum downstream flow to Pakistan for environmental and agricultural needs.
Data Sharing and Compliance
- India is required to share detailed hydrological and hydraulic data, plant design particulars, and provide Pakistan time to respond with possible design modifications.
- The CoA emphasized the need for India to maintain a minimum flow to prevent environmental harm to Pakistan.
