India Seeks Review of Indus Water Treaty, Issues Notice to Pakistan

India has issued a formal notice to Pakistan seeking review and modification of the Indus Water Treaty (IWT) citing "fundamental and unforeseen changes in circumstances" which call for an assessment of obligations, government sources confirmed on Wednesday. The Indus Waters Treaty signed between India and Pakistan in 1960 had categorically allotted waters of three rivers-Ravi, Sutlej and Beas-averaging around 33 Million Acre Feet (MAF)-for exclusive use in India.

The waters of western rivers -- Indus, Jhelum and Chenab -- averaging to around 135 MAF were allocated to Pakistan except that specified domestic, non-consumptive and agricultural use permitted to India as provided in the Treaty. India brought to the notice of Pakistan on 30 August this year that, according to Article XII(3) of the IWT, its provision may from time to time be modified by a duly ratified Treaty concluded for that purpose between the two governments.

India's notice throws up fairly elementary and unlooked-for changes in circumstances which call for a reevaluation of obligations arising from Article 2 and other Articles of the Treaty. Among other apprehensions, important ones include change in demographics of the population; environmental issues-needed speed up development of clean energy to achieve India's emission reduction commitment; impact of continued cross border terrorism, etc," the source said.

The notification was issued amidst a spree of controversy specific to the Kishanganga and Ratle Hydro Projects. "In this regard, the World Bank has simultaneously activated both the Neutral Expert mechanism and the Court of Arbitration on the same set of issues.".

While the Indian side has therefore also demanded review of the dispute resolution mechanism under the Treaty, with this Notification, India has invited Pakistan to enter government-to-government negotiations in order to review the Treaty under the provisions of Article XII(3),\" the official added.