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214 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 215impact on the environment and to improve the balance ofpayments situation, development of hydropower is essential. 107Keeping all the above facts in view, together with the risingdemand for electricity in northern India due to rapidindustrialisation there, with an approximate deficit of 30,000MW predicted for the year 2005, Nepal would benefit ifhydropower could be generated and exported to the powerhungryregions of that country. In addition, by developing largeexport-oriented multipurpose projects such as Pancheshwar,Karnali, and Saptakosi, about 22,000 MW of electricity can begenerated. Steps should be considered to enable the extractionof economic benefits from the export of power and theprovision of irrigation and navigation facilities to India andBangladesh. 108The truth about India is that she has utilised almost every dropof available water for irrigation, beyond the Nepal-India border,by constructing huge reservoirs and systems of irrigationnetworks, concerning which she has never provided Nepal withthe requisite information. Such reservoirs have virtuallysubmerged Nepalese land in several areas, 109 namely Banke,Kapilvastu, Rapti, Dang, Rupandehi, Rautahat, Mahotari andMahendranagar. Except for taking a few mitigatory steps insome areas, 110 she has neither compensated Nepal nor givenassurances that she will not repeat such harmful projects in the107 Supra note 98, p. 498.108 Ibid. p. 498-499.109 Supra note 39, p. 340.110 Supra note 22: In relation to the submergence of the entire territory of 16 VDC in BankeDistrict, as an effect of the Laxmanpur barrage, both governments have undertakenmitigation efforts, such as constructing embankments in the affected areas. However,such work so far seems ineffective in averting or mitigating the inundation caused by thebarrage. Also see staff, “the joint Standing Committee on Inundation Problems Fail toresolve problems”, in the Kathmandu Post, 13 August, 2003, constituted by the PrimeMinisters of both countries to resolve the flood problem, held a meeting recently inwhich Nepal proposed either the dismantling of the bunds or payment of sufficientcompensation. This was refused by India and no resolution was agreed; rather, the Indianside even refused to acknowledge the issue of inundation of huge areas of Nepaleseterritory, even after a site tour and the presentation of data on flood waters. In Rato andKhando river embankments are being constructed in which India has provided money.years to come. On the contrary, it seems that she is constructingdozens of such reservoirs and barrages beyond the border point,the back-up water of which will naturally submerge a hugechunk of Nepalese territory. In essence, she never follows theprinciple of ‘equitable utilisation’ and the ‘no harm rule’,rather, she has always behaved against these norms, and alsoagainst the existing trend currently adopted even in interstatedisputes within India. 111 The Indian projects which wereconstructed without giving information and notice as requiredby international law and practice are in obvious breach ofArticles 5-9 of the UNCIW.Several diplomatic initiatives were made by Nepal, and noteswere also sent to India. Furthermore, negotiations were held towipe out such illegal acts, but no tangible result has so far beenachieved. Nevertheless, a different view of Indian’s positionseems to be reflected in a statement by the Indian State ofBihar’s Water Resources Minister who is quoted as saying thatfor whatever area was submerged due to the Gandak Barrage inAugust 2002, the Indian government would pay compensationto Nepalese farmers. 112Nepal has a maximum potential requirement to irrigate only 3.2million hectares, but has a far greater abundance of wateravailable; whereas the downstream countries have large areasof land to irrigate, but only limited water available with whichto do so. 113 So far, India, being an economically advancedcountry, has developed and used almost all feasible projects,whilst Nepal still needs to use such waters, and is hinderedfrom developing any projects due to Indian objections and nonco-operation. Whether or not it is justifiable in internationallaw, Nepal, the poorer country as the upper riparian state, isprohibited from utilising her own resources, whereas the lower111 Supra note 52, pp. 313-316.112 Staff, “Nepal to receive compensation from India”, in The KatmanduPost 12 August, 2002.113 Supra note 1, p. 55.
216 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 217riparian state has already utilised every drop of water. Thesituation can be equated with those of the Nile, the Euphrates,the Tigris, and the Jordan. Moreover, when the under-resourcedcountry wishes to develop a water project, she needs to take outa loan from the donors, who will not lend the money unlessthey obtain a positive response from the other riparian state.The above is a clear instance of non co-operation; thesignificance of bilateral or regional co-operation is wellexplained by Verghese, an eminent Indian scholar, whoasserted that delay is tantamount to denial:"Nepal would be unwise to rehearse ancient grudges,some of them exaggerated, for little purpose andIndia would do well to be less over-bearing onoccasion and to deal with Nepal in a more relaxedand understanding fashion". 114There is no basic conflict of interest between the two countriesand India can afford to be generous in dealing with her smallneighbour. Any delays in developing Nepal's vast waterresources are contrary to the Kingdom's own best interests, andequally denies India the optimal way of developing her sharedwater resources. Nepal's trade deficit with India could be morethan offset by exporting electricity and the other benefits fromwater to India in the first place and then, with the developmentof an international grid, to Bangladesh and Pakistan. Islamabadis no more distant from the Chisapani (Karnali) dam thanKolkota from the proposed Dihang dam in Arunchal (a far eastIndian state). 115As to types of power station, the hydroelectric-thermal mix,which should ideally be around 40/60, has been allowed toswing towards thermal but must be restored over the next two114 Supra note 22, p. 351.115 Ibid. Also see South African Power Pool, common electricity for 14African states at www.eia.doe.gov/emev/cabs/sadc.html.decades. It is a proven fact that the environmental cost ofthermal power stations, especially those fuelled by coal, is notproperly calculated in this area; current concern with climatechange and global warming on account of accumulatinggreenhouse gases in the atmosphere should dictate a greaterdependence on renewable energy sources. Negativeenvironmental effects could be reversed by the use of theseclean energy sources, which must be taken into account.Unfortunately, efforts at the recent WSSD at Johannesburg toencourage the use and generation of renewable energy, and theprovision of such facilities to people who are not enjoying it,have not been adopted. 1164.9 Projects of Bilateral InterestA. The Karnali (Chisapani) ProjectThis project is the third biggest multipurpose water resourcesproject in the world, with a 10,800 MW hydroelectriccapacity. 117 Furthermore, from it will come a hugeaugmentation in the amount of water, leading to flood controland increased water flow, alleviating the chronic Indo-Bangladesh problem of poor dry-season flow. The twocountries have been discussing the Karnali Project for the lastforty years, and a number of feasibility studies have beenundertaken, the latest one by the joint American-Canadian firm,the Himalayan Hydro Development Co-operation (HHDC),concluded in 1989. In the Karnali high dam project, the studieshave led to 32 volumes of reports. After building a dam, it isestimated that the project will yield a profit of $ US 8 billion116 P. Brown & J. Vidal, “Summiteers plant their flags in the foothills”,Sept. 4, 2002, p. 13.The Guardian.117 The largest is the Three Gorges project in China 25,000 MW and thesecond is the Itaipu project jointly developed by Brazil and Paraguay12,550 MW, see www.solar.coppe.ufrj.bu/itaipu.html.
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International WatercoursesLaw and I
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PrefaceIn this book, the author has
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International Treaties and other Do
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ADBAJILAus.JILAYBLADPILALCCASEANAGO
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GlossaryMap of the Ganges BasinThe
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Chapter- ThreeEquitable Utilisation
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Introduction / 1 2 / International
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