Kishanganga issue: Pakistan offers no comments to CoA
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28/10/2011
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Business Recorder (Pakistan)
Pakistan has reportedly failed to offer comments on additional technical data on the controversial 330 MW Kishanganga hydroelectric project provided by India on the instruction of International Court in The Hague (Holland).
India is working day and night on the construction of Kishanganga project and plans to complete the project by February 2014, well before 2016.
Pakistan has also initiated construction work on the 969 mw Neelum Jhlem hydropower project.
Sources told Business Recorder that Pakistan submitted its memorial to the Court of Arbitration (CoA) on May 27, 2011.
The CoA visited the site of Neelum Jehlum hydroelectric project on June 16-17, 2011, and Kishanganga hydroelectric project on June 18-19, 2011.
According to sources, Pakistan had submitted application for "interim measures" ie Stay Order, to CoA on June 6, 2011.
Hearing regarding Stay Order was held at The Hague, from August 25 to 27, 2011.
Advisor to Prime Minister on Water, Kamal Majidullah, and Ambassador at Large Khalil Ahmad, represented Pakistan.
The strength of delegation was 7 members.
Sources said that the Court ordered India for submission of additional technical data about Kishanganga hydroelectric project by September 2, 2011, and advised Pakistan to submit comments on this additional data by September 7, 2011.
According to sources, the Ministry of Water and Power consulted the Attorney General of Pakistan, besides the contracted English advocate and Indus Water Commission and notified to the CoA on the due date that it had no comments to offer because there was no new information available in the data provided by India.
Sources said Pakistan is expecting an order on interim measures within a couple of weeks.
Pakistan has objected to India's move to build Kishanganga hydropower and storage project through diversion of Neelum River.
Pakistan maintains that the project would not only deprive it of priority rights over the river but would also compromise generation capacity of a number of hydropower projects and agriculture in Pakistan.
The dispute tribunal is expected to consist of Justice Stephen M Schwebel (Presiding Arbitrator), Justice Sir Franklin Beman, Professor Howard S Wheater, Justice Bruno Simma, Justice Peter Tomka, Lucius Caflisch and Jan Paulsson.
The dispute over Kishanganga project across the river Jhelum centres on the diversion of water from one tributary of the river to another.
Pakistan says this violates Indus Water Treaty, whereas India says the diversion is within the provisions of the Treaty, which governs water sharing between the two countries.
In March, 2009 Pakistan's Permanent Indus Water Commissioner had advised the government to quickly take up the case with the International Court of Arbitration, after all options at the level of Permanent Indus Commission had been exhausted.
Kishanganga dam is located about 160 km upstream Muzzafarabad, and involves diversion of Kishanganga (called Neelum in Pakistan) to a tributary, named Bunar Madumati Nullah, of Jhelum river through a 22-km tunnel.
The powerhouse will be constructed near Bunkot in Indian held Kashmir, and the water will be re-routed into the river Jhelum through Wullar Lake.
This diversion will change the course of River Neelum by around 100 km, which will finally join river Jhelum through Wullar Lake near Bandipur town of Baramula district in Indian held Kashmir.
At present, Neelam and Jhelum rivers join each other near Muzaffarabad, at Domail.
As a consequence of this 100 km diversion of the Neelum river, Pakistan's Neelum Valley is likely to dry up and become a desert.
The most important issue here is the diversion of the Neelum river waters to the Wuller lake.
Pakistan argues that such a diversion contravenes the Indus Water Treaty of 1960, which would compromise Pakistan's rights over the river and reduce the flow of water into Pakistan significantly.
Further, any construction on the Neelum river upstream will affect power generation capacity of Pakistan's Neelam-Jhelum power project.