ICA verdict on Kishanganga Dam l Updates and Discussion

[Kompromat]

ONLY engage in CIVIL debate on this topic. Post updates, news and discuss them. Trolls will be banned.

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ICA Has ruled to order India to provide 50% water of the dam to Pakistan and would have to modify the gate design in accordance with previous agreements.

 

[livingdead]

Please merge some of the interactions from earlier threads.

 

[toxic_pus]

First the verdict:

http://www.pca-cpa.org/showfile.asp?fil_id=2471

V. DECISION

Having considered the Parties’ submissions, the Court of Arbitration unanimously decides:
A. In the operation of the KHEP:

(1) Subject to paragraph (2) below, India shall release a minimum flow of 9 cumecs into the Kishenganga/Neelum River below the KHEP at all times at which the daily average flow
in the Kishenganga/Neelum River immediately upstream of the KHEP meets or exceeds
9 cumecs.

(2) At any time at which the daily average flow in the Kishenganga/Neelum River
immediately upstream of the KHEP is less than 9 cumecs, India shall release 100 percent
of the daily average flow immediately upstream of the KHEP into the Kishenganga/Neelum River below the KHEP.
B. Beginning 7 years after the diversion of water from the Kishenganga/Neelum River for power generation by the KHEP, either Party may seek reconsideration of the minimum flow in
paragraph (A) above through the Permanent Indus Commission and the mechanisms of the
Treaty.

C. This Final Award imposes no further restrictions on the operation of the KHEP, which remains subject to the provisions of the Treaty as interpreted in this Final Award and in the Court’s Partial Award.

D. Each Party shall bear its own costs. The costs of the Court will be shared equally by the
Parties.

Now, some relevant parts as pointed out by @Roybot

Neelum-Jhelum Hydro Project was initiated before Kishenganga Hydro Project they said

83. With respect to the first point in time, the Court examined the actions and communications of the Parties from 2004-2006 and concluded that “India has a stronger claim to having coupled intent with action at the KHEP earlier than Pakistan achieved the same at the NJHEP, resulting in the former’s priority in right over the latter with respect to the use of the waters of the Kishenganga/Neelum for hydro-electric power generation.”142

Give us 100 cumec minimum release they said

(1) Subject to paragraph (2) below, India shall release a minimum flow of 9 cumecs into the Kishenganga/Neelum River below the KHEP at all times at which the daily average flow in the Kishenganga/Neelum River immediately upstream of the KHEP meets or exceeds 9 cumecs.

The water of Kishenganga River belongs to Pakistan they said

114. Examining the effect that a 9-cumec minimum would have on the KHEP, the Court notes that this would, on average, accord India 51.9 percent of the flow at the KHEP dam site during the month of January, and that India’s portion of the flow would increase to more than 60 percent in November and February, and well over 75 percent in October and March.

Allow real time monitoring of water levels at Kishenganga Dam they said
121. As recounted in greater detail above (see above at paragraph 71), Pakistan has requested that the Court establish a monitoring regime to permit it to evaluate India’s compliance with the minimum flow fixed in this Award.

In the Court’s view, the appropriate mechanism for the exchange of data and for the monitoring of the Parties’ uses on tributaries of the Indus River is the Permanent Indus Commission. The Court recalls, in particular, that Article VI(1) of the Treaty already requires the Parties to exchange “(a) Daily (or as observed or estimated less frequently) gauge and discharge data relating to flow of the Rivers at all observation sites” and “(b) Daily extractions for or releases from reservoirs.”168 The Court is confident that the Parties will continue to do so, and that the data provided by India will include the necessary data relating to the KHEP. The Court further recalls that Article VIII(4) calls for the Commission to “undertake promptly, at the request of either Commissioner, a tour of inspection of such works or sites on the Rivers as may be considered necessary by him for ascertaining the facts connected with those works or sites.”

 

[Kompromat]

@hinduguy

Too much trolling in them. I've locked them. Keep it civil.

 

[Roybot]

So @Dillinger @Bang Galore, what do you guys think of this verdict?

 

[livingdead]

@hinduguy

Too much trolling in them. I've locked them. Keep it civil.

never mind.. @toxic_pus did it already.

 

[Dillinger]

So @Dillinger @Bang Galore, what do you guys think of this verdict?

We got what we wanted.

 

[Capt.Popeye]

We got what we wanted.

Thats the way its slated to be.

 

[majesticpankaj]

India allowed to go ahead with Kishanganga project

The International Court of Arbitration has allowed India to go ahead with construction of the Kishanganga dam in Jammu and Kashmir, over which Pakistan has raised objections.

The court delivered its “final award” last night after India requested clarification of an order issued by it in February.

In its “partial award” in February, the court upheld India’s main contention that it has the right to divert waters of western rivers, in a non-consumptive manner, for optimal generation of power.

The western rivers are allocated to Pakistan under the Indus Waters Treaty of 1960.

The “final award” specifies that 9 cumecs of natural flow of water must be maintained in Kishenganga river at all times to maintain the environment downstream, said a statement from the Indian High Commission here.

This is much lower than the 100 cumecs of natural flow that Pakistan wanted to maintain, it said.

“We have also received the clarification we sought from the court with regard to the technique of draw—down flushing used for the de-siltation of reservoir in run of the river power projects in the western rivers of the Indus,” the statement said.

The court said alternative techniques will have to be used for Kishanganga hydroelectric project and all future run of the river projects undertaken on western rivers of the Indus system.

Contrary to negative propaganda that the Indus Waters Treaty has been receiving in recent years, the International Court of Arbitration’s award has shown the pact is a strong framework for division of river waters between India and Pakistan, the statement said.

The treaty has stood the test of time and ups and downs in India-Pakistan relations, it said. “It is hoped that the negative arguments often heard on the working of this treaty will be finally put to rest,” it added.

Meanwhile, Water Minister Khwaja Asif claimed Pakistan had achieved a “big victory” through the court’s ruling.

“Pakistan has achieved a big victory (as) International Court of Arbitration has accepted Pakistan’s right as a riparian state to waters of Kishanganga. Similarly Pakistan’s right over waters of Jhelum and Chenab rivers is also established,” he said.

“The decision will safeguard our water rights in future also,” he said.
India allowed to go ahead with Kishanganga project - The Hindu

 

[Roybot]

We got what we wanted.

I think we got more than what we bargained for. It will definitely kick start a Sikkim style "dam boom" in J&K. This verdict has suddenly made all the so called Pakistani rivers open for business.

 

[Capt.Popeye]

I think we got more than what we bargained for. It will definitely kick start a Sikkim style "dam boom" in J&K. This verdict has suddenly made all the so called Pakistani rivers open for business.

Quite right there; it will make a huge difference in meeting the Energy requirements of Jammu & Kashmir taking the state towards self-suffiency. Hydel is very cost effective there, while wheeling power from other states was adding hugely to costs, which GoI was forced to subsidise.

 

[Dillinger]

I think we got more than what we bargained for. It will definitely kick start a Sikkim style "dam boom" in J&K. This verdict has suddenly made all the so called Pakistani rivers open for business.

9 cumec as opposed to the 100 that were demanded and remember that the original Pakistani demand was to rule that Kishanganga was in itself not legal ab initio under IWT, a ruling which would have set a precedent, regardless to say that it did not materialize in that manner. This ruling will now be used as a precedent by us to show that diversions are perfectly legal under IWT given that all contingent conditions are fulfilled. In short, in all possible concerns where it matters, we won.

@Armstrong You won't remember this but I had stated in Feb, I had wagered, that we would have it our way one way or the other.

 

[Roybot]

Quite right there; it will make a huge difference in meeting the Energy requirements of Jammu & Kashmir taking the state towards self-suffiency. Hydel is very cost effective there, while wheeling power from other states was adding hugely to costs, which GoI was forced to subsidise.

9 cumec as opposed to the 100 that were demanded and remember that the original Pakistani demand was to rule that Kishanganga was in itself not legal ab initio under IWT, a ruling which would have set a precedent, regardless to say that it did not materialize in that manner. This ruling will now be used as a precedent by us to show that diversions are perfectly legal under IWT given that all contingent conditions are fulfilled. In short, in all possible concerns where it matters, we won.

Exactly. The Jammu and Kashmir government is raring to go, they feel its unfair that India and Pakistan decided on the rivers that flow through their state and I agree. Jammu and Kashmir government should get to decide how they want to share and utilize their water resources, and they seem to have all the right ideas.

We should put the Chenab Valley Projects in the fast lane, a total of 2200MW will go a long way in helping Jammu and Kashmir.

Chenab Valley Power Projects Private Limited (CVPP), has been incorporated on 13/06/2011 as a Joint Venture Company of NHPC Limited, JKSPDC and PTC (India) Limited for execution of 03 Hydroelectric Projects namely Pakal Dul, Kiru and Kwar with agrregate capacity of 2120 MW at Chenab River Basin in Distt Kishtwar of Jammu & Kashmir, with equity participation of 49%, 49% and 2% by NHPC,JKSPDC & PTC respectively. The Company shall execute these Projects on Build, Own, Operate and Maintain (BOOM) basis.

Chenab Valley Power Projects - A joint venture company between NHPC,jammu & Kashmir State Power Development Corporation and Power Trading Corporation

 

[livingdead]

@Aeronaut ... any reason to believe it is a victory for pakistan? anybody else whats to counter roybot's assertion that this is going to be a template for future dams in j&k. ?

 

[Capt.Popeye]

Exactly. The Jammu and Kashmir government is raring to go, they feel its unfair that India and Pakistan decided on the rivers through their state and I agree. Jammu and Kashmir government should get to decide how they want to share and utilize their water resources, and they seem to have all the right ideas.

We should put the Chenab Valley Projects in the fast lane, a total of 2200MW will go a long way in helping Jammu and Kashmir.



Chenab Valley Power Projects - A joint venture company between NHPC,jammu & Kashmir State Power Development Corporation and Power Trading Corporation

Great Developments in store then!!!
And say what; it'll help to make life better for the population of Jamu and Kashmir. Which will in turn help towards resolving matters in Kashmir. That will be another spin-off.