Khyber Pakhtunkhawa (KPK) has sought an amendment to Indus Water Apportionment Accord 1991 to get back its due share of allocated water and compensation from those provinces who used its share of the water, well informed sources told Business Recorder. Sindh and Punjab have opposed the proposal but Balochistan has extended support to the KPK government, arguing that all provinces that had faced injudicious distribution of water resources maybe compensated.
The Indus River System Authority (Irsa) Act was promulgated in 1992. The object of the Act was to establish a water regulatory authority for regulating and monitoring the distribution of water resources of the Indus River in accordance with the Water Apportionment Accord among the provinces.
In accordance with the provisions contained in para-2 of the Apportionment Accord, 1991, 117.35 MAF water from the Indus river is distributed among all the provinces as follows: Punjab''s share would be 47.7 per cent water ie l 55.94 MAF, of which 37.01 MAF in Kharif and 18.87 MAF in Rabi. The share of Sindh was fixed at 41.5 per cent ie 48.76 MAF of which 33.94 MAF for Kharif and 14.82 MAF in Rabi. Khyber Pakhtunkhwa''s share was fixed at 8.78 MAF of which 3.48 MAF in Kharif and 2.3 MAF in Rabi - the quota of KPK Government canals: 1.80 MAF in Kharif and 1.2 MAF in Rabi. This constitutes 7.50 per cent share for the province in total available water resources. The share of Balochistan was determined at 3.87 MAF of which 2.85 MAF for Kharif and 1.02 MAF in Rabi. This implies that the share of Balochistan was fixed at 3.3 per cent of the total allocation.
In order to enable the provinces to utilise their respective shares, by facilitating improvement in their present infrastructure, the federal government provided one scheme to each province under Public Sector Development Program (PSDP).
The government approved Greater Thal Canal for Punjab at a cost of Rs 30.467 billion of which Rs 9.128 billion has been spent on the first phase which is completed. For Sindh, Rainy Canal Project was approved at a cost of Rs 18.862 billion of which Rs 11.170 billion has been spent on the first phase. The Federal government also approved Rs 31.204 billion for Kachhi Canal Project of which Rs 28.327 billion has been spent. The first phase is completed.
According to the KPK government, the federal government had promised the approval of CRBC lift cum gravity project for the province but it has not materialised due to funding problems. "KPK has so far not been provided the funds to undertake its share of the PSDP financed project of CRBC lift cum gravity project, even though equity warranted to mete out the same treatment to all the provinces," said Chief Secretary.
Due to an inaction for the last two decades on this score, the cost of the project has also been shot up manifold. As a result of lack of infrastructure, KPK is sustaining a loss of approximately 34 per cent in the shape of lower utilisation of its due share as per the 1991 Water Accord.
Keeping in view the entire scenario, the Irrigation Department has proposed an amendment to Section 8(1) (f) of the Act ibid that reads "settle any question that may arise between two or more provinces in respect of distribution of river and reservoir waters" and through that amendment KPK has proposed to add "provinces, including compensation mechanism for use of water rights."
The proposed amendment is aimed at providing benefit/compensation to Khyber Pakythunkhwa for its share of water being utilised by other provinces. "The proposed amendment is aimed at making it mandatory upon Irsa to work out a mutually acceptable formula for compensation of the unutilised water along with payment of arrears. Such receipts shall be used by the provinces for development of its infrastructure to enable it to utilise its due share of water".
In pursuance of para(4) of the schedule -II Rules of Procedure of CCI, proposed amendment was shared with other three provinces/ stakeholders for their comments. While commenting on the summary of the KPK government, the Punjab Government has claimed the statement showing water utilised by Punjab both during Kharif and Rabi seasons against its Accord para(2) allocations is appended. Documents show that Punjab has also been using much less water against its Accord allocations.
According to the Punjab government, the amendment proposed by the KPK government in the Irsa Act aims at getting adequately compensated by the province or provinces or federation that make use of the water not used by KPK province due to lack of infrastructure. The development of irrigation infrastructure in KPK rests with the provincial government that needs to arrange requisite funds. The proposed amendment in the Irsa Act militates against para 14(e) of the Water Apportionment Accord and is therefore repugnant to the spirit of Water Accord of 1991. "All efforts would be made to avoid wastages. Any surplus may be used by another province but this would not establish any right to such uses".
The Sindh government maintains that CCI is not an authorised forum to amend any act including the Irsa Act as it was passed by the Parliament. Para -5 of the Water Apportionment Accord authorises Council of Common Interest (CCI) to settle any question that may arise in water distribution between the provinces but does allow CCI to make amendment in Irsa Act.
The Sindh government, in its arguments said there is no provision of compensation in the 1991 Accord. Irsa is not authorised to calculate/ recover compensation thereof. The Sindh government has suggested that the document should be amended to ensure better relations between the provinces.
The Balochistan government has shown its own wounds with regard to its water share. The provincial government has said the province has no separate canal to extract its share from the barrage and all supplies to the province are regulated by Sindh through their own system. Due to control over the regulation of system at barrages as well as in the parent channels in their territory, they often prefer to fulfil their own demand resultantly Balochistan suffers from shortage of irrigation supplies during peak seasons. While in case of rains entire flood supplies are diverted to Balochistan which cause inundation/ serious destruction as was experienced during 2010 and 2012. Besides, Irsa authorisations are not implemented in its true spirit and Balochistan faces short supplies from the Indus every year.
"Since Balochistan is aggrieved due to injudicious distribution of power resources, as such any legislation/ amendments in the Irsa Act that may secure the interests and water rights of the province would be supported for promulgation by Balochistan. Irsa may also be empowered to implement its decisions by the provinces," said Additional Secretary (technical).
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