Water control

View of the Baglihar Dam in Doda district of J&K

The SoutheastAsianIdea presents a very informative piece on Indus water sharing which is worth reading in full. A part of the introduction reads:

If Pakistan and India had normal, trustful relations, there would be a mutually-verified monitoring process which would assure that there is no change in the flows going into Pakistan. (In an even more ideal world, India could increase low-flows during the critical planting season, with significant benefit to Pakistani farmers and with very small impacts on power generation in India.) Because the relationship was not normal when the treaty was negotiated, Pakistan would agree only if limitations on India’s capacity to manipulate the timing of flows was hardwired into the treaty. This was done by limiting the amount of “live storage” (the storage that matters for changing the timing of flows) in each and every hydropower dam that India would construct on the two rivers.

While this made sense given knowledge in 1960, over time it became clear that this restriction gave rise to a major problem. The physical restrictions meant that gates for flushing silt out of the dams could not be built, thus ensuring that any dam in India would rapidly fill with the silt pouring off the young Himalayas.

This was a critical issue at stake in the Baglihar case. Pakistan (reasonably) said that the gates being installed were in violation of the specifications of the treaty. India (equally reasonably) argued that it would be wrong to build a dam knowing it would soon fill with silt. The finding of the Neutral Expert was essentially a reinterpretation of the Treaty, saying that the physical limitations no longer made sense. While the finding was reasonable in the case of Baglihar, it left Pakistan without the mechanism – limited live storage – which was its only (albeit weak) protection against upstream manipulation of flows in India. This vulnerability was driven home when India chose to fill Baglihar exactly at the time when it would impose maximum harm on farmers in downstream Pakistan.

We may be upstream of Pakistan, but China is upstream of us.