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292 / International Watercourses Law and Its Application in South Asia Appendix / 293AppendixAppendix- 1The 1954 Agreement on the Kosi Project(as revised in 1966)Amended agreement between His Majesty’s Government ofNepal(hereinafter referred to as ‘HMG’) and the Governmentof India (hereinafter referred to as the ‘Union’) concerning theKosi Project.WHEREAS the Union was desirous of constructing a barrage,headworks and other appurtenant work about three milesupstream of Hanuman Nagar town on the Kosi River withafflux and food banks, and canals protective works on landlying within the territories of Nepal for the purpose of floodcontrol, irrigation, generation of hydro-electric power andprevention of erosion of Nepal areas on the right side of theriver, upstream of the barrage (hereinafter referred to asthe ;Project;)AND WHEREAS MHG agreed to the construction of the saidbarrage, headworks and other connected works by and at thecost of the Union, in consideration of the benefits arisingtherefrom and a formal document incorporating the terms of theAgreement was brought into existence on the 25 th April , 1954and was given effect to;AND WHEREWAS in pursuance of the said Agreementvarious works in respect of the Project have been competed bythe Union while others are in various stages of completion forwhich HMG has agreed to afford necessary facilities;AND WHEREAS HMG has suggested revision of the saidAgreement in order to meet the requirements of the changedcircumstances, and the Union, with a view to maintainingfriendship and good relation subsisting between Nepal, andIndia, has agreed to the revision of Agreement.NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS:1. DETAILS OF THEH PROJECT(i) The barrage is located about 3 miles upstream ofHunuman Nagar town.(ii) The general layout of the barrage, the areas withinafflux banks, flood embankments, and other protectiveworks, canals, power house and the lines ofcommunication are shown in the amended planannexed to this agreement as Amended Annexure A. 1(iii) Any construction and other undertaking by the Unionin connection with this Project shall be planned andcarried out in consultation with HMG.Provided that such works and undertakings which,pursuant to any provision of this Agreement requirethe prior approval of HMG shall not be started withoutsuch prior approval;And further provided that in situation described inClause 3(iii) and Clause 3 (iv) intimation to HMGshall be sufficient.(iv) For the purpose of Clause 3 and 8 of this Agreementthe land under the ponded areas and boundaries asindicated by the plan specified in the sub-clause(ii)above, shall be deemed to be submerged.2. INVESTIGATION AND SURVEYS(i) Whenever the Chief Engineer of Kosi Project,Government of Bihar may consider any survey orinvestigation to be required in connection with the saidProject, HMG shall, if and in so far as HMG hasapproved such survey or investigation, authorize andgive necessary facilities to the concerned officers ofthe Union or other persons acting under the general orspecial orders of such officers to enter upon such landas necessary with such men, animals, vehicles,equipment, plant, machinery and instruments as1 Not reproduced here.
294 / International Watercourses Law and Its Application in South Asia Appendix / 295necessary to undertake such surveys and investigations.Such surveys and investigations may comprise aerialand ground surveys, hydraulic, hydrometric,hydrological and geological surveys includingconstruction of drill holes for surface and sub-surfaceexploration, investigations for communications and formaterials of construction; and all other surveys andinvestigation necessary for the proper design,construction and maintenance of the barrage and all itsconnected works mentioned under the Project.However, investigation and surveys necessary for thegeneral maintenance and operation of the Project,inside the project area, may be done by the Union afterdue intimation to HMG.In this agreement, ‘the project area’ shall mean thearea acquired for the Project.(ii) The provisions of sub-clause (i) of this clause shallalso apply to surveys and investigations of storagedams or detention dams on the Kosi, soil conservationmeasures, such as check dams, afforestation, etcrequired for a complete solution of the Kosi problemsin the future.(iii) The surveys and investigations referred to in subclause(i)and (ii) shall be carried in co-operation witHMG.(iv) All date, maps, specimens, reports and other result ofsurveys and investigations carried out by or on behalfof the Union in Nepal pursuant to the provisions ofthis clause, shall be made available to HMG freely andwithout delay. In turn, HMG shall, upon request by theUnion, make available to the Union all data, maps,specimens, reports and other results of surveys andinvestigation carried out by or on behalf of HMG inNepal in respect of the Kosi River.3. AUTHORITY FOR EXECUTION OF WRKS ANDUSE OF LAND AND OTHER PROPERTY(i) Provided that any major construction work notenvisaged in the emended plan (Amended Annexure-A) referred to in clause I (ii) shall require the priorapproval of HMG, HMG shall authorize the Union toproceed with the execution of the said project as andwhen the project or a part of the project receivessanction of the said Union and notice has been givenby the Union to HMG of its intention to commencework on the respective constructions and shall permitaccess by the Engineer and all other officers, servants,and nominees of the Union, with such men, animals,vehicles, plant, machinery, equipment and instrumentsas may be necessary for the direction and execution ofthe respective constructions, to all such lands andplaces, and shall permit the occupation, for suchperiod as may be necessary, of all such lands andplaces as may be required for the proper execution ofthe respective constructions.(ii) the land required for the purposes mentions inClause3(i) above shall be acquired by HMG andcompensation thereof shall be paid by the Union inaccordance with the provisions of clause 8 hereof.(iii) HMG shall, upon prior notification, authorize officersof the Union to enter on land outside the limits orboundaries of the barrage and its connected works incase of any accident happening or being apprehendedto any of the said works and to execute all workswhich may be necessary for the purpose of repairing orpreventing such damage. Compensation, in every case,shall be tendered by the Union through HMG to theowners of the said land for all accidents done to thesame in order that compensation may be awarded inaccordance with clause 8 hereof.
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