Presentation made at LEAD Pakistan, Islamabad on 19.12.2014 Pakistan’s Interprovincial Transboundary Water Institutions/Organizations Sardar Muhammad Tariq Executive Director/CEO Pakistan Water Partnership (PWP) Presentation made at LEAD Pakistan, Islamabad on 19.12.2014

Sequence of Presentation Irrigation System - History Indus Waters Treaty(IWT) Indus Water Commission Inter-Provincial Water Apportionment Accord 1991 Indus River System Authority (IRSA) Water Security Strategy for Pakistan – A way forward.

Irrigation System - History

Irrigation System - History The Sub-Continent carries a long history of irrigated agriculture practiced by locals living along the water bodies including rivers, lakes, ponds, etc. and tapping seasonal inundations. Traditional irrigation practices changed into perennial irrigation in the 1880’s through the advent of hydraulic structures and vertical pumps. Massive infrastructure enabled the land lying far away from water resources to be brought under perennial irrigation. Sub-Continent was converted into a region having one of the largest network of canals and hydraulic control structures creating it into regional food basket. However, with the development of irrigated agriculture, water disputes also took birth among provinces.

Irrigation Acts/Warabundi (Rotational System) Canal and Drainage Act of 1873 Irrigation Manual of Orders 1912 Handbook of Professional Orders for the Guidance of Officers of the Irrigation Department Punjab and North Western Provinces 1914 Manual of Irrigation Practices 1943 Punjab Minor Canal Act 1965 Punjab Water Users Association Ordinance 1981 Punjab Irrigation and Drainage Authority Act 1997 Committees/Commissions to address water distribution issues were constituted: Anderson Committee (1935) Indus (Rau) Commission (1939) Akhtar Hussain Committee (1968) Fazal-e-Akbar Committee (1970) Anwar-ul-Haq Commission (1981) Haleem Committee (1983) Formation of Provincial Irrigation and Drainage Authorities (PIDAs), Area Water Boards (AWBs) and Farmers Organizations (FOs)

Indus Waters Treaty (IWT)

Indus Waters Treaty(IWT) 1961 - Why? Contentious issues of water sharing rose immediately after the partition of the Sub Continent in 1947. The Partition line cut across the irrigation network of the Sub-Continent with control structures falling within India territory. In 1948 India stopped the water of the three eastern rivers. Water wars between the two sovereign states became imminent. World Bank intervenes in 1951 resulting in prolonged negotiation processes. IWT signed in 1960.

Process of Negotiations Proposal by David Lilienthal, Former Chairman of the Tennessee Valley Authority -1952 Single integrated basin authority to operate, maintain and distribute the Indus Waters between India and Pakistan. Both India and Pakistan straight away rejected the Proposal.

World Bank’s Final Proposal Eastern Rivers Western Rivers To India 100% Limited non-consumptive uses To Pakistan 0% Both India and Pakistan accepted it.

Pakistan’s Concerns Water sharing formula recommended by the World Bank and accepted by Pakistan was not the best. Pakistan got 75% of the Indus Waters against 90% of the irrigated land – according to International Law Commission it tantamount to violation of the principle of “Appreciable harm”. The IWT divides the rivers of the Basin – with three eastern rivers given to India, Pakistan looses the lower riparian rights. Maintaining the river health and biodiversity, the minimum environmental flow is being denied.

Pakistan’s Concerns/P-2 Prior to IWT, India was utilizing only 3 MAF (4 BCM) of eastern rivers flows but got 33 MAF (41 BCM) under the Treaty. Whereas India got 30 MAF (37 BCM) additional water for future development, Pakistan got nil. India has multiple basins for inter-basins transfer opportunities, Pakistan depends on single basin with no additional water. Pakistan considers the historic uses allowed to India on the western rivers restricted to small interventions of local communities living along the river banks and not constructing mega hydropower projects and putting them on national grids.

Issues and Challenges Created by IWT for Pakistan Irrigated area in the east and water in the west. Over 3 Mha of most productive land of Pakistan in West Punjab denied water of the three eastern rivers. Pakistan was compelled to undertake world largest civil engineering works to transfer water through canals, headworks and barrages from western rivers to irrigated land in the east. The hydraulic infrastructure development under the Treaty resulted in huge O&M challenges and heavy O&M annual cost. Infrastructure resulted in high degree of safety hazards under exceptional floods.

Issues and Challenges Created by IWT for Pakistan /P-2 Sediments flourishing delta were trapped in canals and headworks resulting in millions of hectares of land in the coastal belt becoming non-productive with severe salt intrusion. Thousands of villages in the coastal region had to be abandoned. The Treaty resulted in denial of environmental flows in the three eastern rivers as they enter Pakistan affecting river health and biodiversity. The inter-river canal network resulted in twin menace of water logging and salinity. With 41 BCM of eastern rivers water given to India, the per capita availability of water declined sharply in Pakistan.

Additional Challenges for Pakistan Climate change impacts on Glaciers –climate models indicate melting of glaciers – 30 to 40% reduction expected in flows. Construction of large number of hydropower stations with storages by India could deny water during critical cropping period. Over extraction of groundwater in East Punjab due to highly subsidized electricity tariff by India can over mine the aquifer in West Punjab thus further depleting the water availability in the West Punjab.

Additional Challenges for Pakistan/P-2 Untreated affluent both agricultural and industrial entering Pakistan from Indian side is degrading the land quality and contaminate the ground and surface water in Pakistan. Perpetual decline in transboundary river flows. 12 BCM decrease in flow between 2000 to 2014. With rapidly growing population, multi-sectoral demand of water is going to increase substantially resulting in myriad management and water governance issues and challenges.

Post-Treaty Water Management Approaches Pakistan within the ambit of issues and challenges is managing its water resources to meet its multi-sectoral demands. The IWT split the transboundary rivers and Pakistan with known share of waters entering into its territory is distributed according to Inter-Provincial Water Apportionment Accord 1991. Each Province therefore, knows its share of water and manages it as a Provincial subject. Indus River System Authority (IRSA) a Constitutional Entity is responsible to distribute the water among the provinces and also to resolve Inter-Provincial disputes.

Post-Treaty Water Management Approaches/P-2 The problem that Pakistan faces is the water governance. There is no national water policy and no law exists on governance of ground water. Water thefts, inequitable distribution and under pricing are the main outcomes of the poor management and lack of institutional capacity. The hydraulic infrastructure suffers from endemic poor maintenance and scarcity of O&M funds which gets magnified due to malpractices and corruption. Water rights and entitlements are violated by more influential segment of the society.

Transboundary water disputes – resolution mechanism Under the Indus Waters Treaty 1960 restrictions have been placed on the design, initial filling, operations of hydroelectric plants, storage works and other river works to be constructed by India on the Western Rivers. The Treaty provides a procedure for the settlement of the differences and disputes. Any question, which arises between the parties, is to be first examined by the Indus Waters Commission. If the Commission fails to resolve the issue, either Water Commissioner can initiate action to resolve the issue through Neutral Expert/Court of Arbitration.

Indus Water Commission

Indus Water Commission Role of Indus Water Commission To establish and maintain cooperative arrangements for the implementation of the Treaty, and to promote cooperation between the Parties in the development of the waters of the Rivers. Dispute Resolution Mechanism Any question which arises between the Parties concerning the interpretation or application of this Treaty or the existence of any fact which, if established. Might constitute a breach of this Treaty shall first be examined by the Commission, which will endeavour to resolve the question by Agreement. If the Commission does not reach agreement on any of the questions, then the difference will be referred to a Neutral Expert.

Irrigation Challenges and Development Pakistan undertook the challenge and within a record period of ten years completed some of the mega irrigation structures thus converting Indus Basin into the world largest contiguous irrigation system spread over some 18 Mha. Surface water system in the Basin is mostly weir controlled consisting three surface storage reservoirs (Tarbela, Mangla and Chashma), 16 barrages, 12 inter-river link canals, two siphons, 44 canal commands (23 in Punjab, 14 in Sindh, 5 in NWFP and 2 in Balochistan), 62,300 km long irrigation canals i.e. 1½ time the circumference of the earth and 107,000 km of water courses.

Inter-Provincial Water Management Accord 1991

Inter-Provincial Water Apportionment Accord 1991 Since the creation of Pakistan, there have been a number of occasions when the provinces showed mutual goodwill and accommodation in resolving long-standing disputes. Construction of Kotri, Taunsa and Gudu Barrages on the main Indus River after independence was the result of such goodwill and cooperation. However, there were many issues and critical areas which needed an inter-provincial mediation and harmonization steps to be taken by the Federal Government. In 1991, an Inter-Provincial Water Apportionment Accord was signed among the four provinces under arrangements by the Federal Government. Under the Accord, it was agreed to provide a total allocation of 55.94 MAF (68.97 BCM) to Punjab, 48.76 MAF (60.12 BCM) to Sindh, 5.78 MAF (7.13 BCM) to NWFP(now KPK) and 3.87 MAF (4.79 BCM) to Balochistan. Additionally, KPK is entitled to 3.00 MAF (3.70 BCM) being used through ungauged (civil) canals above the rim stations.

Accord points The Water Accord also lays down the distribution of the balance river supplies, including flood supplies as well as the future storages as 37 per cent each to Punjab and Sindh, 14 per cent to KPK and 12 per cent to Balochistan. The accord also emphasizes on development of future storages and recommends providing minimum flow downstream Kotri to protect biodiversity. This Accord paved way for establishment of the Indus River System Authority (IRSA) with the mandate to ensure equitable distribution of water between the provinces in accordance with the Inter-Provincial Water Apportionment Accord of 1991.

Indus River System Authority (IRSA)

Formation of Indus River System Authority (IRSA) and its Role IRSA was created in 1992 to manage water distribution in accordance with the Inter-Provincial Water Apportionment Accord. IRSA consists of one member each from all the four Provinces of Pakistan and one member from the Federal Government. Its decisions in case of any dispute are based on simple majority. Provinces place their indent on IRSA in accordance with their share and then distribute it among canal commands. IRSA plays major role in resolving inter-Provincial water disputes. IRSA is responsible to operate telemetric network to obtain real time flows data. IRSA assesses the season wise water availability for distribution among provinces. IRSA also keeps a close liaison with WAPDA and Pak Meteorological Department.

Water Management Challenges With this infrastructure in place, Pakistan developed extra-ordinary diversion capacity resulting in diverting close to 130 BCM of irrigation water annually. The infrastructure thus developed is extremely vulnerable to large floods. The infrastructure though massive, but still not capable of capturing the full surface water. Whereas 40% storage capacity is required against this only 7% is stored. Upto October 2014, 1,210 MAF of water has gone to the sea unutilized over the last 36 years which is equivalent to 12 years of canal withdrawals. In monitory terms, the value of unutilized water is US$ 177 billion after deducting 360 MAF required for environmental purposes.

Water Security Strategy for Pakistan – A Way Forward

Water Security Strategy for Pakistan Within the Country A consensus National Water Policy must be put in place immediately. The technical and management capacity of the institutions dealing with water at Federal and Provincial levels must be enhanced. Water governance and management issues must be addressed on priority basis. Additional storage reservoirs must be constructed to enhance storage per capita and carry over capacity.

Water Security Strategy for Pakistan/P2 Within the Country (Continued) Rainwater harvesting – 40 MAF (49 BCM) falls per annum – we only utilize 20% of it – 10 mm/hectare is 100,000 liters – countries capture almost 98% of the rainfall. Water savings/conservation in all sub-sectors. Pollution control of fresh water bodies. Principle of 3Rs – Reduce – Recycle – Reuse can save up to 40% of water. Wastage control. Desalinization.

Water Security Strategy in Pakistan Transboundary Indus Waters Treaty must be followed in letter and spirit. The complexities of issues with India, lack of political wisdom and will, position based stands, high level of mistrust, linkages to Kashmiri issue, negative public perceptions and deep buried hostilities offer formidable obstacles to cross. Exchange of real time data between India and Pakistan is a prerequisite for better management of water resources – India needs to respond positively.

Water Security Strategy in Pakistan/P2 Transboundary (Continues) India’s Hydropower Projects numbering 33 on western rivers have adequate storage capacity to harm Pakistan’s irrigated agriculture – on the other hand if India agrees to release water at the critical time of crop requirement it could benefit Pakistan tremendously. Environmental Flows- India’s diversion of 100% flows of three eastern rivers during low flow season is highly detrimental to river biodiversity and recharge of groundwater. India must adhere to international environmental laws and restore minimum flow.

Water Security Strategy in Pakistan/P2 Transboundary (Continues) Transboundary Aquifer Mining: With very low energy tariff in East Punjab, India is over mining the aquifer of West Punjab which is also against the international laws. Transboundary Pollution: Due to natural topography, the agricultural effluent and untreated industrial effluent both flow into West Punjab not only creating serious environmental issues but polluting our fresh water bodies and groundwater as well. Under international laws, the riparian states are required to ensure untreated effluent is not discharged which crosses over to lower riparian states.

Water Security Strategy in Pakistan/P4 Transboundary (Continues) Discussion on Indus Waters Treaty should be delinked from both historic grievances and from other Kashmir related issues, both sides showing a sign of statesmanship and moving forward considering water as catalyst for development and not a source conflict. Similar to IWT, Pakistan needs to sign a treaty with Afghanistan to protect its historic water rights as lower riparian state.

Water Security Strategy for Pakistan Under Climate Change Scenario Climate change would have extreme detrimental impacts on water resources of Pakistan. Various models indicate that global warming can accelerate glacier melt and change the monsoon pattern and can result in water reduction to the tune of 30 to 40%. Pakistan therefore needs to have both software and hardware solutions to meet its future water related challenges.

Thank you!