The Effectiveness of the Indus Waters Treaty 1960: A Case Study of the 1999 Baglihar Hydroelectric Project and 2007 Kishenganga Hydroelectric Plant

Pakistan and India have historically been at odds with each other politically, and have fought four wars. Both countries share a water supply via the Indus River, which originates in the disputed territory of Indian-Administred Kashmir. As India is the upper-riparian state it therefore has the advantage to ‘control’ water supply downstream to Pakistan, the lower-riparian state, an Indus Waters Treaty was signed in 1960 which awarded each country three rivers stemming from the Indus River, each and regulated the flow of water between the two. However, Pakistan has claimed that the creation of hydropower projects in India on rivers which flow into Pakistan have compromised the supply of water to Pakistan, which then lowers the amount available primarily for agriculture, power generation and consumptive purposes. Two such issues were raised in the case of 1999 Baglihar Hydroelectric Project and 2007 Kishenganga Hydroelectric Plant, and for both, different mechanisms under the Indus Waters Treaty were used to resolve the disputes. This article considers the mechanisms of resolution provided under the Treaty, and comments on its effectiveness in doing so, and in the process, suggests reform to the Treaty itself.