After the neutral expert’s verdict on Baglihar Dam, if we thought we were done with the issue, we were sadly mistaken. This time, the issue is in the shape of water — about 200,000 acre feet of it — that Pakistan has accused India of ‘stealing’ while filling the Baglihar reservoir. The matter is so serious from Pakistan’s perspective that President Asif Zardari took it up with Indian Prime Minister Manmohan Singh in New York on the sidelines of the UN General Assembly session in September.
The national security advisor of Pakistan also broached it with his Indian counterpart last month in New Delhi. Then Prime Minister Yousaf Raza Gilani raised it with Singh in Beijing on the sidelines of the recently concluded Asia-Europe summit. And now President Zardari has decided to write to the Indian prime minister, asking him to redeem the promise made to him in New York to resolve the issue.
The controversy began when India allegedly filled the dam in contravention of the Indus Waters Treaty. According to Pakistan’s Indus commissioner, Jamaat Ali Shah, India released between 30,000 and 35,000 cusecs of water (and at one point, 23,000 cusecs) between August 19 and September 5. This was in violation of Article 18-C of Annexure E of the Treaty, which obligates India to undertake the filling of a dam on the Chenab between June 21 and August 31, and release at least 55,000 cusecs downstream at Marala headworks.
This was also in violation of the understanding that the Indus commissioners of the two countries had reached according to which India was to fill the dam during the rainy season. As far as reparation for the loss is concerned, Pakistan has refused to consider monetary compensation and insists on the ‘water for water’ formula. Jamaat Ali Shah cities the Sallal Dam precedent where India compensated Pakistan under this formula.
As expected, India’s official position on the matter is diametrically opposed to Pakistan’s. Its Indus commissioner, G Arangnathan, maintains that India filled the dam within the timeframe laid down in the Treaty, and is hence not in violation of it. He contends that Pakistan received less water than stipulated under the Treaty because there was less than normal rainfall this year. He has accused Pakistan of politicising a ‘technical’ issue and of playing ‘arithmetic gymnastics’.
During the meeting of the two commissioners in October in New Delhi, Arangnathan proposed a visit to the Marala headworks to which Jamaat Shah agreed.
Will this visit help resolve the issue, or is it simply a delaying tactic as believed by many Pakistanis? What options are available to Pakistan to get the matter resolved to its satisfaction?
It is not clear how the Indian commissioner’s visit will help resolve the conflict. He has explained the purpose of the visit as verification of the data regarding the water flow that Pakistan claims to have received at Marala during the period in question.
Jamaat Shah is justified in questioning the timing of the visit. In his opinion, it would be useless now as the right time for such an inspection was August-September when Pakistan made the charge about reduced water flow. In fact, undertaking a visit at this point in time looks like a delaying tactic. Besides, the idea behind the visit looks utterly dubious when the Indian commissioner concedes to Pakistan’s claim that water flow was reduced. Incidentally, if he is certain about his ‘reduced rainfall’ explanation, he should not have refused to share the hourly data of water flow in the period in question, which Shah had requested him to furnish during the commission meeting.
While India officially maintains that it never violated the Indus Waters Treaty, the Indian commissioner, during the recent commission meeting, reportedly confessed that India did violate the Treaty {Cannot be true at all. No Indian bureaucrat will behave like that. He would have given technical and legal explanations only.} by filling the reservoir as charged. He, however, justified it on the ground that it was compelled to do so because of ‘unavoidable structural constraints’.
However, when Pakistan’s commissioner proposed that he commit to compensating Pakistan through the water-for-water formula (Shah wants water from the Sutlej for the next Rabi crop), based on Pakistan’s claim but without accepting the violation of the Treaty,
the Indian commissioner refused to oblige. 
The two sides then agreed to refer the matter to their respective political leaderships for settlement.
What options are available to Pakistan to get compensation from India?
First and foremost is the continuation of the political dialogue at the highest level. It is pertinent to mention that the Pakistani commissioner’s recent visit to the dam site and the commission meeting in October were made possible due to the green signal from the top Indian leadership. This is a cause for concern rather than celebration because
it means that instead of these being technical matters, any issue arising under the Indus Waters Treaty is dependent on Indian goodwill for its resolution.
Incidentally, this is a
legacy of the BJP government, which turned the Baglihar Dam issue into a political dispute, instead of keeping it technical, as was the case in the past, by frustrating Pakistan’s repeated requests for on-site inspections and commission meetings.
The Pakistani Foreign Office spokesperson has declared that a settlement of the water issue would be forthcoming ‘in a few days’. Given the absence of concrete evidence in the matter, and India’s past record on keeping its promises, we simply cannot share this optimism. It would be wise to tread with caution. Perhaps conscious of this reality, President Zardari has indicated that in case he fails to get the desired response from the Indian leadership, he would approach Muslim countries, the ‘Friends of Pakistan’ and the UK to put pressure on India.
Perhaps he should also approach members of the UN Security Council currently not among the Friends of Pakistan.
The second option available to Pakistan is invoking Article 9 of the Indus Waters Treaty on conflict resolution.
After the debacle Pakistan suffered in the verdict on Baglihar Dam,

many Pakistanis may be wary of invoking this clause. This may be more so keeping in mind that the option is very expensive, tedious and protractive.
However, we cannot afford to take this attitude for two reasons: First, we need to remember that if we lost the Baglihar case, it was because we did not argue it well. Second, we should not be haunted by the above-mentioned incubi when it comes to affirming that the waters of the western rivers belong exclusively to us.
We need to remember that Article 9 is the ultimate guarantor of our rights under the Indus Waters Treaty. {This is the article that deals with Dispute Resolution}