The Indus Water Treaty (IWT) is a water-distribution treaty between India and Pakistan, arranged and negotiated by the World Bank, to use the water available in the Indus River and its tributaries. It was signed in Karachi on 19 September 1960 by then Indian Prime Minister Jawaharlal Nehru and then Pakistani president Ayub Khan.
The Treaty gives control over the waters of the three "eastern rivers" — the Beas, Ravi and Sutlej with a mean annual flow of — to India, while control over the waters of the three "western rivers" — the Indus, Chenab and Jhelum located in India with a mean annual flow of — to Pakistan. India got about 30% of the total water carried by the Indus system located in India while Pakistan got the remaining 70%. The treaty allows India to use the western river waters for limited irrigation use and unlimited non-consumptive use such as power generation, navigation, floating of property, fish culture, etc. It lays down detailed regulations for India in building projects over the western rivers. The preamble of the treaty recognises the rights and obligations of each country in the optimum use of water from the Indus system in a spirit of goodwill, friendship and cooperation. This has not reduced the Pakistani fears that India could potentially create floods or droughts in Pakistan, especially in times of war.
In 1948 during the Indo-Pakistani War of 1947-1948, the water rights of the river system were the focus of an Indo-Pakistani water dispute. Since the ratification of the treaty in 1960, India and Pakistan have not engaged in any water wars, despite engaging in several military conflicts. Most disagreements and disputes have been settled via legal procedures, provided for within the framework of the treaty.
The Indus Waters Treaty is considered one of the most successful water sharing endeavours in the world today, even though analysts acknowledge the need to update certain technical specifications and expand the scope of the agreement to address climate change.
Treaty provisions
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. Per Article I of IWT, any river/ tributary and its catchment area of the Indus system of rivers that are not part of the other five rivers, is part of the Indus River including its creeks, delta channels, connecting lakes, etc. According to this treaty, the eastern rivers are allocated for exclusive water use by India after the permitted water uses in Pakistan. Similarly, Pakistan has an exclusive water use of the western rivers after the permitted water uses in India. Article IV (14) of IWT states that any water use developed out of the underutilized waters of another country, will not acquire water use rights due to a lapse of time. Mostly, the treaty resulted in the partitioning of the rivers rather than sharing of their waters.
A transition period of 10 years was permitted in which India was bound to supply water to Pakistan from its eastern rivers until Pakistan was able to build the canal system for utilization of waters of the western rivers. Per Article 5.1 of IWT, India agreed to make a fixed contribution of UK Pound Sterling 62,060,000/= (Pound Sterling sixty-two million and sixty thousand only or 125 metric tons of gold when gold standard was followed) towards the cost of construction of new head-works and canal system for irrigation from western rivers in Punjab province of Pakistan. India had paid the total amount in ten equal annual installments despite the 1965 Indo-Pak war. Both countries agreed in the treaty to exchange data and co-operate in the optimum use of water from the Indus system of rivers. For this purpose, the treaty creates the Permanent Indus Commission, with a commissioner appointed by each country. It would follow the set procedure for adjudicating any future differences and disputes arising over the implementation or interpretation or breach of the treaty. The commission has survived three wars and provides an ongoing mechanism for consultation and conflict resolution through inspection, exchange of data, and visits. The commission is required to meet at least once a year to discuss potential disputes as well as cooperative arrangements for the development of the Indus system of rivers. Per article VIII (8), both commissioners together shall submit an annual report to both countries on its works. But these annual reports are never made public even by Pakistan which claims repeated violations of the treaty by India.