India, Pak set to lock horns over hydel project

Pakistan is likely to drag India into yet another international arbitration over the construction of a hydro power project in Kashmir over the Jhelum river.

Islamabad's intention of creating roadblocks in the completion of the 330 Mw Kishenganga power project that is already under construction by the National Hydro Power Corporation (NHPC) at village Kralpora in Baramulla, Kashmir, were clear when it announced construction of a mega power project downstream on the Kishenganga "" called Neelum in Pakistan, a tributary of Jhelum "" in the Pakistan occupied Kashmir (PoK) last week.

A day after Pakistan President Pervez Musharaf ended the emergency in the country last week, his cabinet approved the 969 Mw Neelum-Jhelum hydropower project in PoK that would be constructed by a Chinese consortium.

Pakistan's plan is based on a clause in the Indus water treaty (IWT) of 1960, that governs the distribution of river waters between the two neighbours, which entitles it to 'priority right' over use of Jhelum waters.

The treaty gives the right of unhindered use of three western rivers "" Jhelum, Indus and Chenab (that flow from Kashmir to PoK) "" to Pakistan, and on the Easters rivers "" Beas, Ravi and Sutlej (flowing from Punjab) "" to India.

From Islamabad's point of view the Neelum-Jhelum project has been necessitated by a clause in the IWT, which permits the construction of hydro-electric projects on the tributaries of the river Jhelum by India, provided it does not 'adversely affect' any 'existing uses' by Pakistan on the same tributary.

In case Pakistan is able to raise the dam of the project at Nausheri, 40 kms from PoK capital Muzaffarabad, before the Kishenganga dam is ready, Islamabad, would be able to say that Kishenganga was hindering its power project and therefore claim 'priority rights' on the use of Jhelum waters.

This, if upheld by an arbitrator, would mean the end of Kishengaga project for India.

However, sources in the union ministry of Water resources said that Pakistan could always seek arbitration from 'neutral experts' on Kishengaga as it had done in Baglihar, where the work was held up for many years till a World Bank-appointed expert upheld India's case this year.

NHPC sources however said the work on the Kishengaga was already moving fast as within four months the construction of the 208 M diversion tunnel had been completed.

The Union Cabinet had given sanction of Rs 2238.67 crores for the project in August.

Islamabad has given itself an eight year deadline for the Neelum-Jhelum project and has said it would invoke the Indus water treaty against India.