The Kishanganga Hydroelectric Plant is part of a run-of-the-river hydroelectric scheme that is designed to divert water from the Kishanganga River to a power plant in the Jhelum River basin. It is located 5 km (3 mi) north of Bandipore in Jammu and Kashmir, India and will have an installed capacity of 330 MW. Construction on the project began in 2007 and is expected to be complete in 2016. Construction on the dam was halted though by the Hague’s Permanent Court of Arbitration in October 2011 due to Pakistan’s protest of its effect on the flow of the Kishanganga River (called the Neelum River in Pakistan). kishenganga project Pakistan’s Stand: Pakistan is worried that the project will have adverse impacts on the flow of the river, which flows into their country and meets with the Jhelum River. Pakistan is constructing the Neelum–Jhelum Hydropower Plant downstream of the Kishanganga. The Kishanganga Hydroelectric Plant operates in a similar sense as the Neelum–Jhelum Hydropower Plant, using a dam to divert the Kishanganga (Neelum) River to a power station before it is discharged into Wular Lake which is fed by the Jhelum River. The Kishanganga Project will divert a portion of the Neelum River from Pakistan which will reduce power generation at the Neelum–Jhelum Hydropower Plant. India states the project will divert 10 percent of the river’s flow. Water flow below the Neelum–Jhelum Dam, in Pakistan’s Neelum Valley, is expected to be minimal as both projects are diverting water to the Jhelum River. This has the potential to have adverse impacts in the Neelum Valley. According to the provisions in Indus Water Treaty, the country that completes its project first will secure priority rights to the river. Hence, Pakistan has been vying to complete the Neelum Jhelum project before its Indian counterpart. On May 17, 2010, Pakistan had instituted arbitral proceedings against India under the Indus Waters Treaty 1960 and approached the International Court of Arbitration (ICA) against violation of the treaty. The ICA granted a stay and stopped India from constructing the 330MW Kishanganga hydroelectric project in occupied Kashmir. In August 2011, they ordered India to submit more technical data on the project. India had previously reduced the height of the dam from 98 m (322 ft) to 37 m (121 ft). Pakistan had put two questions before the tribunal: Whether India’s proposed diversion of the Neelum/Kishanganga River into another tributary breaches India’s legal obligations owed to Pakistan under the treaty. Whether under the treaty, India may deplete or bring the reservoir level of a run-of-river plant below the dead storage level in any circumstances except in the case of an unforeseen emergency. ICA gave its decision on two disputes. In the first dispute, the court has allowed India to divert the Kishanganga-Neelum River as it considered the Indian project to be “run-of-the river” plant, meaning they do not require large storage reservoirs or cause major disruption to the flow. However, the diversion will take place under strict conditions. Furthermore, the court has yet to determine the minimum downstream flow of the dam. The court’s decision requires Pakistan and India to supply data on flows by June 2013 with the final award in the case to be given in December 2013. The second dispute was on the design and operations of the dam, which Pakistan said were in violation of the Indus Water Treaty (IWT). The court has clearly stated that drawdown flushing below the dead storage level was not permissible and that sediment flushing did not constitute an unforeseen emergency. Indus water Treaty: Indus Water Treaty is a water sharing treaty signed between India and Pakistan in 1960 (between Pt. Nehru and Gen.Ayub Khan). The agreement set up a commission to adjudicate any future disputes arising over the allocation of waters. The Commission is required to meet regularly to discuss potential disputes as well as cooperative arrangements for the development of the basin. Either party must notify the other of plans to construct any engineering works which would affect the other party and to provide data about such works. In cases of disagreement, a neutral expert is called in for mediation and arbitration. The Indus System of Rivers comprises three Western Rivers the Indus, the Jhelum and Chenab and three Eastern Rivers – the Sutlej, the Beas and the Ravi.The treaty envisages the sharing of waters of the rivers Ravi, Beas, Sutlej, Jhelum and Chenab which join the Indus River on its left bank (eastern side) in Pakistan. According to this treaty, Ravi, Beas and Sutlej, which constitute the eastern rivers, are allocated for exclusive use by India before they enter Pakistan. However, a transition period of 10 years was permitted in which India was bound to supply water to Pakistan from these rivers until Pakistan was able to build the canal system for utilization of waters of Jhelum, Chenab and the Indus itself, allocated to it under the treaty. Similarly, Pakistan has exclusive use of the Western Rivers Jhelum, Chenab and Indus but with some stipulations for development of projects on these rivers in India. Pakistan also received one-time financial compensation for the loss of water from the Eastern rivers. Since March 31, 1970, after the 10-year moratorium, India has secured full rights for use of the waters of the three rivers allocated to it. © Simply Decoded
Posted on: Fri, 06 Sep 2013 03:21:19 +0000
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