What precisely is wrong with the Baglihar dam, which India is building upstream Chenab river in Occupied Kashmir, is not that it has no competence to raise one but its size, water storage capacity and power output. An official statement made in the Senate said that the magnitude--and hence the design--will interfere with the flow of water to Pakistan and would be "inconsistent with the Indus Waters Treaty" on sharing of flow from Chenab waters.
And, the Neutral Expert, which World Bank President James Wolfensohn said would be appointed soon, will look into these aspects. Pakistan's stand, according to Foreign Minister Khurshid M Kasuri, is that India can not build a 450-MW power house, which would ultimately be enlarged to produce 900 MW. It is with this end in view that the Indians have designed this enormous water pond with a high head of 475 feet and a gated-spillway.
Kasuri told questioners in the Senate during a discussion here that Indus Waters Treaty permitted construction of a 'run-of-the-river plant' on Chenab, and NOT a high dam of 475 feet.
Similarly, the project design should be based on, what Pakistan experts insist, a 'love-level weir'. Calculations of 'pondage' and 'firm power' in the design, according to Kasuri, is hence not consistent with the 1960 Treaty signed between President Ayub Khan and Prime Minister Jawaharlal Nehru.
The Foreign Minister said that the level of "intake in the project design was low and in contravention of the Treaty provisions".
A first comprehensive review of the project and dangers it poses to Pakistan was tabled by Kasuri in the Senate. It said: "The 900 MW Baghliar Hydro-electric project is being built by India on the River Chenab in clear violation of the Indus Water Treaty of 1960. The dam is located near the village of Baghliar, 150 km north of Indian occupied Jammu and about 147 km above Marala Headworks.
"The 450 MW Phase-I of the project is likely to be completed by the end of 2005. The issue has been discussed several times at the Permanent Indus Commission level between Pakistan and India but it remained unresolved.
"Having failed at the Commission's level, the Pakistan Commissioner notified the Indian Commissioner about his intention to ask for the appointment of a neutral expert. This was in line with the procedure laid down in the Treaty.
"At the Water Secretary level talks on 22nd June, 2004, India did not agree to Pakistan's demand for suspension of work pending a resolution of the issue.
It was agreed that India would supply the latest status of construction at the site of the project along with schedule of the completion and progress on various components and both sides would carry out analysis of the design and submit a joint report to the Secretaries by the first week of November, 2004. India did not fulfil its commitment and kept on protracting the matter.
"India has been using the delaying tactics to present the dam as fait accompli after its completion. It is clear that India is not sincere in resolving the issue bilaterally. Adviser to the Prime Minister on Finance wrote a letter to the President of the World Bank requesting him to persuade India to stop construction on Baghliar Dam immediately and settle the matter in accordance with Indus Waters Treaty.
"The issue was raised with the India Prime Minister by Pakistani Prime Minister during his visit to New Delhi and it was agreed that the Water Secretaries and Indus Commissioners of both countries would make a final effort.
"After a delay of five months the Indian Government provided us the data relating to our objections on the Baglihar project on 15th December 2004. The data was analysed by us; that further strengthened our belief that the design was in violation of the provisions of the Indus Waters Treaty.
"The final meeting to resolve the contentious issues related to Baglihar was held from 4-7 January, 2005 in New Delhi. Our delegation at the initial round, proposed a focused discussion on the following issues of paramount concern to us:
1. "Run of the river projects do not call for 'high head of 475 feet' and the project design should be based on low-level weir;
2. "Calculations of 'pondage' and 'firm power' in the design was not consistent with the Indus Waters Treaty. The level of 'intake' in the project design was low and in contravention of the Treaty provisions.
3. "As per Treaty provisions, project design should be based on 'un-gated spillways'. The proposed Indian design is inconsistent with the Treaty provisions. India must also ensure that gates were at the highest level as stipulated in the Treaty.
4. "Calculations and justification of 'free board' should be provided in the light of the criteria set out in the Treaty.
5. "Arrangements should be made to monitor and inspect the site at the time of plugging of the low-level tunnel".
Kasuri said that during the meeting, Pakistan had argued that the Indus Waters Treaty permitted construction of a "run of the river plant" on River Chenab and not a high dam of 475 feet. We underlined that construction of such magnitude would interfere with the flow of water to Pakistan and it is inconsistent with the Treaty provisions", the Foreign Minister told the House.
He said that similarly the Treaty spelled out in detail the methodology for calculation of 'firm power' and 'pondage'.
The basic given by India for this calculation violates the Treaty provisions. According to the methodology, even at the 'higher head' adopted by India, the allowed 'firm power' should be 130 MW as against 450 MW under construction. Moreover, the pondage should be much less than the one being created in the Indian design.
"During the concluding session, the Indian side proposed further discussions after a few days' recess. Pakistan made it clear to the Indian side that no further discussions could be held unless India gave commitment for the stoppage of all construction work at the project side pending the amicable settlement of all issues of concern to us. India refused to accede to this demand and meeting ended without any agreement."
The Indian side, Kasuri added, had also failed to respond to the design objections raised by Pakistan.
After exhausting all bilateral efforts Pakistan invoked the Indus Waters Treaty finally on January 18, 2005, requesting the World Bank to appoint a Neutral Expert for the final resolution of this issue, the Foreign Minister concluded.
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