Neutral expert to hear India, Pakistans' arguments over Kishenganga and Ratle hydropower projects in J&K

Islamabad, Sep 10 : A neutral expert, appointed by the World Bank, will hear India and Pakistan's arguments at The Hague from Tuesday, on the latter's complaints against the 330-MW Kishenganga and 850-MW Ratle hydropower projects in Jammu and Kashmir.

The two-day proceedings, taking place from September 10 to 11, will seek to address the tensions between the two countries, particularly regarding the Kishenganga project’s potential impact on Pakistan’s downstream water supply, Geo News reported.

Federal Water Resources Secretary Syed Ali Murtaza is leading his country's delegation which comprises officials from the Attorney General’s Office, the National Engineering Services Pakistan (NESPAK), and an international legal team hired by the government. The discussions revolve around the hydropower projects being constructed by India on the Jhelum and Chenab rivers, both of which are governed by the Indus Waters Treaty.

Pakistan has expressed a preference for the case to be resolved by the Permanent Court of Arbitration (PCA), while India favours the involvement of a neutral expert to make the final decision. Although Pakistan is participating in both forums, India has chosen to boycott the PCA, questioning its competence under the Indus Waters Treaty.

In July 2023, the Permanent Court of Arbitration rejected India’s six objections including the jurisdiction of the Court of Arbitration to listen to the case. It declared that the court is competent to consider and determine the disputes outlined in Pakistan’s Request for Arbitration. In response, the Indian Ministry of External Affairs maintained that "India’s consistent and principled position has been that the constitution of the so-called Court of Arbitration is in contravention of the provisions of the Indus Waters Treaty" and that a "Neutral Expert is already seized of the differences pertaining to the Kishenganga and Ratle projects". "The Neutral Expert proceedings are the only Treaty-consistent proceedings at this juncture. The Treaty does not provide for parallel proceedings on the same set of issues," it said, adding that "India cannot be compelled to recognize or participate in illegal and parallel proceedings not envisaged by the Treaty".

However, during the latest proceedings in July 2024 by the Permanent Court of Arbitration, Pakistan requested to address the interpretation and application of the Indus Waters Treaty to certain design elements of Indian run-of-river hydroelectric projects. The NE earlier met on February 27-28, 2023, to finalise the rules of procedures on how to advance the legal fight on the designs of both projects.

Pakistan has raised three primary concerns regarding the design of the Kishenganga project, arguing that the project’s pondage capacity of 7.5 million cubic meters should be reduced to one million.

Additionally, Pakistan has called for adjustments to the intake and spillway designs. Similar objections have been raised about the Ratle Hydropower project, with Pakistan opposing India’s proposed pondage and freeboard levels.

Islamabad is concerned that the current design will reduce the water flow of the Chenab River, negatively affecting irrigation in Pakistan’s Punjab region.

These disagreements reflect a broader dispute over the interpretation of the Indus Waters Treaty, a critical agreement that regulates water-sharing between Pakistan and India. The outcome of these proceedings is expected to have significant implications for future water-related cooperation between the two nations.