India seeks review of Indus Water Treaty, serves notice to Pakistan

NEW DELHI — India has served a formal notice to Pakistan seeking a review and modification of the Indus Water Treaty (IWT) citing “fundamental and unforeseen changes in circumstances” that require a reassessment of obligations, government sources confirmed on Wednesday.

Under the Indus Waters Treaty signed between India and Pakistan in 1960, waters of three rivers – Ravi, Sutlej and Beas – averaging around 33 Million Acre Feet (MAF) were allocated to India for exclusive use. The waters of Western rivers – Indus, Jhelum, and Chenab – averaging to around 135 MAF were allocated to Pakistan except for specified domestic, non-consumptive and agricultural use permitted to India as provided in the Treaty.

In the notice that was served to Pakistan on August 30 this year, India highlighted that, under 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 notification highlights fundamental and unforeseen changes in circumstances that require a reassessment of obligations under various Articles of the Treaty. Among various concerns, important ones include change in population demographics; environmental issues – need to accelerate development of clean energy to meet India’s emission targets; impact of persistent cross border terrorism, etc,” the source mentioned.

The notification was issued in the background of a separate prolonged controversy with respect to 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. The Indian side has, therefore, also called for reconsideration of the dispute resolution mechanism under the Treaty. With this Notification, India has called Pakistan to begin government-to-government negotiations in order to review the Treaty under the provisions of Article XII(3),” the official mentioned.