Upreti, Trilochan, International Watercourses Law and Its Application ...

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.