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312 / International Watercourses Law and Its Application in South Asia Appendix / 313Appendix- 3Treaty between His Majesty’ Government ofNepal and the Government of Indiaconcerning the Integrated Mahakali River,including Sarada Barrage, TanakpurBarrage and Pancheshwar ProjectHis Majesty’s government of NEPAL, and the Government ofINDIA(hereinafter referred to as the ‘Parties’)Referring the determination to promote and strengthen theirrelations of friendship and close neighbourness for the cooperationin the development of water resources;Recognizing that the Mahakali River is a boundary river onmajor stretches between the two countries;Realizing the desirability to enter into a treaty on the basis ofequal partnership to define their obligations and correspondingrights and duties thereto in regard to the waters of the MahakaliRiver and its utilization;Noting the Exchange of Letters of 1920 through which both theparties had entered into an arrangement for the construction ofSarada Barrage in the Mahakali River, whereby Nepal is toreceive some waters from the said Barrage;Recalling the decision taken in the Joint Commission dated 4-5December, 1991 and the Joint Communiqué issued during thevisit of the Prime Minister of India to Nepal on 21 st October,1992 regarding the Tanakpur Barrage which India hasconstructed in a course of the Mahakali River with a part of theeastern afflux bund at Jimuwa and the adjoining poundage areaof the said barrage lying in the Nepalese territory;Noting that both the Parties jointly preparing a Detailed ProjectReport of the Pancheshwar Multi purpose Project to bimplemented in the Mahakali River;Now, therefore, the Parties hereto hereby have agreed asfollows:Article 11. Nepal shall have the right to a supply of 28.35m3/s(1000ft3/s of water from the Sarada Barrage in the wetseason (i. e. from 16 th October to 14 th May).2. India shall maintain a flow of not less than 10 m3/s (350ft3/s) downstream of the Sarada Barrage in the MahakaliRiver to maintain and preserve the river eco-system.3. In case the Sarada Barage become non-functional due toany cause.(a) Nepal shall have the right to a supply of water asmentioned in Paragraph 1 of this Article, by usingthe head regulator (s) mentioned in Paragraph 2ofArticle 2 herein. Such a supply of water shall be inaddition to the water to be supplied to Nepalpursuant to Paragraph 2 of Article 2.(b) India shall maintain the rive flow pursuant toParagraph 2 of the Article from the tailrace of theTanakpur Power Station downstream of the SaradaBarrage.Article 2In continuation of the decisions taken in the Joint Commissiondates 4-5 December, 1991 and a Joint Communiqué issuesduring the visit of the Prime Ministers of India of India toNepal on 21 st October, 1992, both the Parties agree as follows.1. For the construction of the eastern afflux bund of theTanakpure barrage, at Jimuwa and tying it up to the highground in the Nepalese territory at EL 250 M, Nepal givesits consent to use a piece of land of about 577 meters inlength (an area of about 2.9 hectares) of the Nepalese
314 / International Watercourses Law and Its Application in South Asia Appendix / 315territory at the Jimuwa Village in MahendranagarMunicipal area and a certain portion of the No-Man’s Landon either side of the border. The Nepalese land consented tobe so used and the land lying on the west of the saidland )about 9 hectares) up to the Nepal India border whichforms a part for the poundage area, including the naturalresources endowment lying within the area, remains underthe continued sovereignty and control of Nepal and.2. In lieu of the eastern afflux bund of the Tanakpur Barrrage,at Jimuwa thus constructed, Nepal shall have the right to-(a) a supply of 28.35 m3/s (1000ft3/s) of water in the wetseason(i. e. from 15 th May to 15 th October) and 8.50m3/s (300ft3/s) in the dry season (i. e. from 16 thOctober to 14 th May) from the date for the entry intoforce of this Treaty. For this purposes of Article 1herein, India shall construct the head regulator (s) nearthe left undersluice of the Tanakpur Barrage and alsothe waterways of the required capacity up to the Nepal-India border. Such head regulator(s) and waterwaysshall be operated jointly.(b) a supply of 70 millions kilowatt-hour (units) of energyon a continuous basis annually, free of cost, from thedate of the entry into force of this Treaty. For thispurpose, India shall construct a 132 K v transmissionline up to the Nepal-India border from the TanakpurPower Station (which has, at present, an installedcapacity of 120,000 kilowatt generating 448.4 millionskilowatt-hour of energy annually on 90 percentdependable year flow).3. Following arrangement shall be made at the TanakpurBarrage, at the time of development of any storage project(s) including Pancheshwar Multipurpose Project upstreamof the Tanakpur Barrage.(a) Additional head regulator and necessary waterways, asrequired, up to the Nepal-India border shall beconstructed to supply additional water to Nepal. Suchhead regulator and waterways shall be operated jointly.(b) Nepal shall have additional energy equal to half of theincremental energy generated from the TanakpurPower Station, on a continuous basis from the date ofaugmentation of the flow of the Mahakali River andshall bear half of the additional operation cost and, ifrequired, half of the additional capital cost at theTanakpur Power Station for the generation of suchincremental energy.Article 3Pancheshwar Multipurpose Project (hereinafter referred to asthe “Project”) is to be constructed on a stretch of the MahakaliRiver where it forms the boundary between the two countriesand hence both the parties agree that they have equalentitlement in the utilization of the waters of the MahakaliRiver without prejudice to their respective existingconsumptive uses of the waters of the Mahakali River.Therefore, both Parties agree to implement the Project in theMahakali River is accordance with the Detailed Project Report(DPR) being jointly prepared by them. The Project shall bedesigned and implemented on the basis of the followingprinciples:1. The Project shall, as would be agreed between theParties, be designed to produce the maximum total netbenefit. All benefits accruing to both the Parties withthe development of the Project in the forms of power,irrigation, flood control etc., shall be assessed.2. The Project shall be implemented or caused to beimplemented as an integrated project including powerstations shall be operated in an integrated manner andthe total energy generated shall be shared equallybetween the Parties.3. The cost of the project shall be borne by the Parties inproportion to the benefits accruing to them. Both the
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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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