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308 / International Watercourses Law and Its Application in South Asia Appendix / 309system down to a minimum discharge of 20 ft3/s attheir own cost for providing flow irrigation in Nepalfor the gross commanded area estimated to be 103,500acres.(iii) His Majesty’s Government shall be responsible for theconstruction of channels below 20 ft3/s capacity forirrigation in Nepal but the Government of India shallcontribute such sum of money as they may considerreasonable to meet the cost of construction.(iv) The Nepal Eastern Canal and the Nepal Western Canalshall be completed, as far as possible, within one yearof the completion of the barrage.(v) The canal systems including the service roads situatedin Nepal territory except the main Western Canal shallbe handed over to His Majesty’s Government foroperation and maintenance at their cost.8. POWER DEVELOPMENT AND RESERVATIONFOR NEAPL(i) The Government of India agree to construct one PowerHouse with an installed capacity of 15,000 KW in theNepal territory on the Main Western Canal.(ii) The government of India also agree to construct atransmission line from the Power House in Nepal tothe Bihar border near Bhaisalotan and from Sagauli toRaxaul in Bihar in order to facilitate supply of poweron any point in the Bihar Grid up to and includingRaxaul.(iii) The Government of India shall supply power to HisMajesty’s Government at the Power Huse and/or atany point in the Grid up to and including Raxaul to anaggregate masimum of 10,000 KW up to 60 per centload factor at power factor not below 0.85. Thecharges for supply at the Power House shall be thecost of production ; and on any point on the Grid up toRaxaul it shall be the actual cost of production, and onany point on the Grid up to Raxaul it shall be the costof production plus the cost of transmission on suchterms and conditions as may be mutually agreed upon.(iv) His Majesty’s Government will be responsible for theconstruction at their own cost of the transmission anddistribution system for supply of power within Nepalfrom the Power House or from any point on the Gridup to and including Raxaul.(v) The ownership and management of the Power Houseshall be their own cost of the transmission anddistribution system for supply of power within Nepalfrom the Power House or from any point on the Gridup to and including Raxaul.(vi) The ownership of the transmission system constructedby the Government of India at its cost shall remainvested in the Government of India, but, on transfer ofPower House, the Government of India shall continuethe arrangements for transmission of power, if sodesired by His Majesty’s Government shall have rightto purchase the transmission system from the PowerHouse to Bhaisalotan situated in the Nepal territory onpayment of the original cost minus depreciation.(vii) The Government of India shall be free to regulate theflow into or close the Main Western Canal HeadRegulator temporarity, if such works are found to benecessary in the interest of the efficient maintenanceand operation of the Canal or the Power House,provided that in such situations the Government ofIndia agree to supply te minimum essential powerfrom the Bihar Grid to the extent possible on suchterms and conditions as may be mutually agreed upon.9. PROTECTION OF NEPAL’S RIPAIRAN RIGHTSHis Majesty’s Government will continue to have the rightto withdraw for irrigation or any other purpose from theriver or its tributaries in Nepal such supplies of water asmay be required by them from time to time and HisMajesty’s Government agree that they shall not exercise
310 / International Watercourses Law and Its Application in South Asia Appendix / 311this right in such manner as is likely, in the opinion of theparties hereto prejudicially to affect the water requirementsof the Project as set out in the schedule annexed hereto.10. PRO RATE REDUCTION OF SUPPLIES DURINGPERIOD OF SHORTAGEWhenever the supply of water available for irrigation fallsshort of the requirements of the total area under the Projectfro which irrigation has to be provided the shortage shallbe shared on pro rata bais between the Government ofIndia and His Majesty’s Government.11. SOVERIGNTY AND JURISDICTIONNothing in this Agreement shall be deemed to derogatefrom the sovereignty and territorial jurisdiction of HisMajesty’s Government in respect of lands acquired by HisMajesty’s Government and made available to theGovernment of India for investigation, execution andmaintenance of the Project.12. ARBITRATION(i) Any dispute or difference arising out of or in any waytouching or concerning the construction, effect ormeaning of this Agreement, or of any mater containedherein or the respective rights and liabilities of theparties hereunder, if not settled by discussion, shall bedetermined in accordance with provision of this clause.(ii) Any of the parties may be notice in writing inform theother party of its intention to refer to arbitration anysuch disputes or difference mentioned in sub-clause(1) and within 90 days of the delivery of such notice,each of the two parties shall nominate an arbitrator forjointly determining such dispute or difference and theaward of the arbitrators shall be binding on the parties.(iii) In case the arbitrators are unable to agree, the partieshereto may consult each other appoint an Umpirewhose award shall be final and bonding on them.14. This Agreement will come into force with effect from thedate of signatures of the authorized representatives of HisMajesty’s Government and the Government of Indiarespectively.IN WITNESS WHEREOF the undersigned being dulyauthorized thereof by their respective Governments have signedthe present AGREEMENT in Nepali, Hindi and English induplicate, all three texts being equally authentic, at Kathmanduthis 19 th day of Magh Sambat 2016 corresponding to December4, 1959. For purposes of interpretation the English text shall beused.For the Government of India On behalf ofFor and on behalf of His Majesty’s GovernmentPresident of India of NepalBHAGWAN SAHAY SUBARNA SHAMSHEREAmbassador of India Deputy Prime Minister•
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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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