1991 Water Accord Issue— Water Sharing

2 Provisions Of 1991 Water Accord

3 Provincial Water Allocations (Para 2) PROVINCE KHARIFRABITOTAL PUNJAB SINDH * N.W.F.P. (a) (b) CIVIL CANALS: ** BALOCHISTAN *** * Including already sanctioned Urban and Industrial uses for Metropolitan Karachi. ** Ungauged Civil Canals above the rim stations. *** Historical average system uses ( ) was *** Historical average system uses ( ) was In the light of the accepted water distributional principles, the following apportionment was agreed to: (Fig. In MAF) (Fig. In MAF)

4 KP and Balochistan Projects (Para 3) NWFP/Balochistan Projects which are under execution have been provided their authorized quota of water as existing uses.

Distribution of Flood Flows (Para 4) Balance river supplies (including flood supplies and future storages) shall be distributed as below: Punjab37% Sindh37% NWFP14% Balochistan12% Total:100 %

Recognition of Additional Storages (Para 6) “The need for storages, wherever feasible on the Indus and other rivers was admitted and recognised by the participants for planned future agricultural development.”

7 Escapage below Kotri ( Para 7) The need for certain minimum escapage to sea, below Kotri, to check sea intrusion was recognized. Sindh held the view, that the optimum level was 10 MAF, which was discussed at length, while other studies indicated lower / higher figures. It was, therefore, decided that further studies would be undertaken to establish the minimal escapage needs down stream Kotri.

Canal Command Allocations (Para 14 a) The system-wise allocation will be worked out separately, on ten daily basis and will be attached with this agreement as part and parcel of it.

Canal Command Allocations (Para 14 b) The record of actual average system uses for the period , would form the guide line for developing a future regulation pattern. These ten daily uses would be adjusted pro-rata to correspond to the indicated seasonal allocations of the different canal systems and would form the basis for sharing shortages and surpluses on all Pakistan basis.

Priority of Usage (Para 14 c) The existing reservoirs would be operated with priority for the irrigation uses of the Provinces.

Canal Command Allocations (Para 14 d) The Provinces will have the freedom within their allocations to modify system-wise and period-wise uses.

Para 2 vis-à-vis Historic Uses (77-82) Province Para 2 AllocationsHistoric Uses (77-82) % Increase KharifRabiTotalKharifRabiTotal Punjab Sindh NWFP Baloch: Total

Para 2 vis-à-vis Historic Uses (77-82)—Punjab Gets less than Historical Uses if the availability is Province Para 2 AllocationsHistoric Uses (77-82) Shares out of under Para 2 KharifRabiTotalKharifRabiTotal Punjab (Punjab gets less than historical) Sindh NWFP Baloch: Total

IRSA Advisory Unanimous Decision (Apr 2003) Option Water Availability Distribution Scenario I Water Availability < Actual Average System Uses 1977 – 82 Distributed as per 14 (b) of the WAA ’91 Scenario II Water Availability > Actual Average System Uses but < Para 2 of WAA ’91 1.Actual Average Uses are protected 2.Balance available as per para 2 i.e. 10- daily approved by CCI Scenario III Water Availability > Para 2 of WAA ‘91 1.Para 2 i.e. 10-daily approved by CCI are protected 2.Balance as per para 4 of the WAA ’91 KP & Balochistan would remain exempted from shortages

15 Distribution Formulae Scenario I Water Availability less than Historic Uses ( MAF) Distributed as per Historic Uses (para 14-b) Scenario II Water Availability more than Historic Uses( MAF) but less than Para 2 ( MAF) Historic Uses ( MAF) are protected Balance available as per Para 2 percentage shares Scenario III Water Availability more than Para 2 ( MAF) Distribution as per shares in Para 2 ( MAF) Balance as per Para 4 (Flood Flows) Note: Note: KP and Balochistan are exempted from shortages

16 Provinces views on existing water distribution mechanism/allocation

17 Provincial Views on Distribution Punjab Distribution should be on Actual Average System Uses ( ) as per Para 14 (b), as envisaged in WAA, till achievement of figure of Para 2 ( maf), which is possible only when new reservoirs are constructed; In the absence of new storage, distribution on Para 2 will affect the Average System Uses of Punjab during shortages Sindh Function of 14 (b) was to develop a mechanism of 10-daily distribution of Para 2 allocations, now 14 (b) is redundant; Distribution as per Para 2 of the Accord even if availability is less than maf i.e. the 10-dailies attached with the Accord as part & parcel of the Accord; Exemption to smaller provinces is the violation of the Accord

18 Contd…. NWFP & Balochistan Since 1970, the projects of Balochistan (Patfeeder) was kept pending, till the finalization of Apportionment of Indus Waters and additional availability of water, due to construction of Mangla (1968) & Tarbela (1976) was used by the Punjab & Sindh thereby increasing their existing uses. The System Losses/Gains, which were about 5 % (Kharif = maf & Rabi = maf), when Tarbela was commissioned has now jumped to 20 % (Kharif = maf & Rabi = maf), which is being used by the Punjab & Sindh. These additional losses are due to two factors – misreporting by the two Provinces and increased irrigation uses in the kachha areas through open pumping, dug-wells, tube-wells & inundation canals, thereby reducing net availability at Canal Heads. Therefore, if NWFP & Balochistan are not exempted from shortages then the share of two provinces should be worked out before deducting the system losses & all the losses should be borne by the two bigger provinces.

19 Contd… NWFP & Balochistan are not using their share of water due to lack of infrastructure. Balochistan Projects Kachhi Canal & widening of Patfeeder are under construction while that of NWFP i.e. CRBC Lift & Bazai Irrigation is not even approved.

Contentions/ Factual Position ● Water Apportionment Accord 1991 is a sacrosanct document and should be Water Apportionment Accord 1991 is a sacrosanct document and should be followed in letter and spirit. It prescribes only one method of sharing of surpluses and shortages of water on all Pakistan basis, according to provisions of 14 (a) and (b) of the Accord, on the basis of ten daily statements approved by the CCI, based on the seasonal allocations indicated under Para 2, and attached with the Accord; ● Decisions taken in IPCC meeting in May 1994, have already been annulled; ● Advise of Law Division is very clear that “Any interpretation of sharing shortages on the basis of historic use shall be a violation of the concurrent Accord” ● Simultaneously, exemption to NWFP & Balochistan Provinces from sharing shortages is once again violation of clause 14 (b) of the Accord which stipulates the sharing of shortages and surpluses on all Pakistan basis.

Contd… ● According, to historic use formula, during shortages period, Punjab gets even more than its full Accord share and due to exemption of NWFP & Balochistan, whole burden of shortage falls on Sindh Province; ● Sindh is the only deprived Province in the present sharing arrangement; ● In April 2003, a new three tier formula was evolved which is presently in vogue, but there is only one method of distribution in Accord i.e. on the 10- daily approved by the CCI and are attached with the Accordwith the Accord.

22 Challenges in water distribution mechanism

23 WAA ’91 was a promise of prosperity but due to inaction the objective could not be achieved – WAA 91 a deficient document leading to mistrust Correct & Reliable water measuring system / Telemetry – Balochistan Sindh dispute on Kirther Conveyance Losses – Erratic behavior Reservoirs Sedimentation Climate Change – Erratic flows Water requirement to cope with Environmental Issues

24 THANK YOU

Thank You

26 Recommended water storage and distribution strategy with a view to maximizing resource potential as well as strengthening national integration

27 Removal of the mistrust Storages Conservation of water- Construction of Small Dams Reliable Measurement System Rain Water Harvesting Capacity Building of IRSA

Para 2 In the light of the accepted water distributional principles, the following apportionment was agreed to: (MAF) ProvinceKharifRabiTotal Punjab Sindh * NWFP (a) (b) Civil Canals ** Balochistan * Including already sanctioned Urban and Industrial uses for Metropolitan Karachi. ** Un-gauged Civil Canals above the rim stations.

Para 7 The need for certain minimum escapage to sea, below Kotri, to check sea intrusion was recognised. Sindh held the view, that the optimum level was 10 M.A.F., which was discussed at length, while other studies indicated lower/higher figures.It was, therefore, decided that further studies would be undertaken to establish the minimal escapge needs down stream Kotri.

Para 14 (a).The system-wise allocation will be worked out separately, on ten daily basis and will be attached with this agreement as part and parcel of it. (b).The record of actual average system uses for the period , would form the guide line for developing a future regulation pattern. These ten daily uses would be adjusted pro-rata to correspond to the indicated seasonal allocations of the different canal systems and would form the basis for sharing shortages and surpluses on all Pakistan basis.

31 IRSA’s role, functioning and existing water distribution mechanism vis- à-vis province-wise requirement

32 Indus River System Authority Envisaged as per WAA 1991 Para 13 Created in 1992 through an Act of the Parliament (Act No. XXII of 1992) Comprises of five Members nominated by each Province and the Federal Govt. Chairman of the Authority by rotation for one year in the order Balochistan, NWFP, Punjab, Sindh & Federal Chairman WAPDA and Chief Engineering Adviser shall be ex-officio Members

33 IRSA’s ROLE Regulation & distribution of surface waters amongst the provinces Review & specify river and reservoir operation patterns Compilation of canal withdrawal indents and issue of operational directives To settle any question that may arise between two or more provinces in respect of distribution of water Any question in respect of implementation of Water Accord is settled by the Authority by the votes of the majority of members and in case of an equality of votes the Chairman has a casting vote. A Provincial Government or the Water and Power Development Authority may, if aggrieved by any decision of the Authority, make a reference to the Council of Common Interests.

34 Procedure Crop season - forecast of Water Availability in the system Determination of Provincial shares Criteria for Reservoir operation and preparation of Rule Curve Vetting by the Technical Committee and approval by the Advisory Committee Provinces prepare their canal withdrawal plans as per their shares (Similar to a deposit in a Bank Account) Provinces supply their Water Account on 10-daily basis The statements are reviewed & circulated to all the Provinces by IRSA for transparency

35 Distribution since creation of IRSA:-

36 Contd… YearDistribution/EventRemarks Feb 1993Distribution as per Para 2 throughout Kharif 1993 Water Availability was Canal head. (Para MAF) May 1994 (IPMC Decision) May & few days of June as per Historic Uses and balance Kharif as per Para 2. (MoW&P issued letter decision not binding on IRSA) Supplies during April remained below uses leading to IPMC May 2 ’ No shortage, distribution as per Para 2Surplus water was available even 1.5 carry forward in TBD for critical EK (Live 9.68 MAF) April 2000Due to heavy shortages distribution shifted to Para 14 (b). Sindh objected. Water Availability MAF ( Para 2, MAF)

37 Contd… YearDistribution/EventRemarks May 2000IRSA referred the issue of interpretation to Law Division (LD) for interpretation of Clause 14 (a) & (b) of the Accord 1991 October 2000The LD interpreted “as per plain interpretation of Clause 14 of the Accord, the ten daily uses, having become part and parcel of the Accord, shall be adjusted pro-rata for sharing shortages. Any interpretation of sharing shortages on the basis of historic use shall be a violation of the concurrent Accord. IRSA is responsible for implementation of Accord similarly any dispute should have been referred to the CCI. Hence the formation of any other body or committee or taking any decision or interpretation on such report shall be a distortion of the Accord /violative of the Constitution. Contd….

38 Contd… YearDistribution/EventRemarks Form pre-page However, since the matter has not been referred to CCI by the aggrieved party, therefore, the existing arrangements as decided by the IRSA, may be allowed to continue till the constitution of, and decision by, the CCI. October 2000All instructions given on the issue regarding IRSA to be implemented immediately along with the Apportionment of the Water of the Indus River System between the Provinces on Moreover Ministerial Water Accord (IPMC Decision) of 1994 to be annulled immediately. C.E Directive February 2001 LD revised its earlier opinion and para 2 thereof recalled.

39 Contd… YearDistribution/EventRemarks December 2001 Reservations of GOPunjab be considered by IRSA and formulate a sharing formula acceptable to all concerned by 29 th Dec CE Directive January 2002IRSA may please refer the case regarding Water Accord/Distribution to this Secretariat for approval before finalizing them. CE Directive February 2002 IRSA should submit analysis / recommendations in the light of working paper of Punjab. PSCE will shortly convene a meeting to prepare recommendations for the perusal of Chief Executive, who will hold meeting with all Governors for a final decision. CE Directive

40 Contd… YearDistribution/EventRemarks March 2002IRSA submitted its report to CE Secretariat that It would, nevertheless, not be out of place here to bring it in the notice of the august Authority that IRSA members despite their sincere efforts could not reach at a consensus as they are under pressure from their Provinces as such competent forum may be entrusted with the task of interpreting the controversial Clause 14 (b). April 2003IRSA Advisory Committee unanimously suggested the 3-Tier Formula, which was adopted by IRSA. Later on since 2004, Sindh constantly objected in the Advisory Committee meetings

41 Present Distribution Mechanism of IRSA (THREE TIER FORMULA) NWFP & Balochistan are exempted from shortages Scenario I –Water Availability < Actual Average System Uses –Distribution as per 14 (b) of the WAA 1991 Scenario II –Water Availability > Actual Average System Uses but < Para 2 of WAA 1991 –Actual Average System Uses are protected –Balance available as per Para 2 i.e. 10-daily approved by CCI Scenario III –Water Availability > Para 2 of WAA 1991 –Para 2 i.e. 10-daily approved by CCI are protected –Balance as per Para 4 of the WAA 1991