Upreti, Trilochan, International Watercourses Law and Its Application ...
Upreti, Trilochan, International Watercourses Law and Its Application ... Upreti, Trilochan, International Watercourses Law and Its Application ...
316 / International Watercourses Law and Its Application in South Asia Appendix / 317Parties shall jointly endeavour to mobilize the financerequired for the implementation of the Project.4. A portion of Nepal’s share of energy shall be sold toIndia. The quantum of such energy and its price shall bemutually agreed upon between the Parties.Article 4India shall supply 10 m3/s (350 ft3/s) of water for theirrigation of Dodhara –Chandani area of Nepalese territory.The technical and other details will be mutually worked out.Article 51. Water requirements of Nepal shall be given primeconsideration in the utilization of the waters of theMahakali River.2. Both the Parties shall be entitled to draw their share ofwaters of the Mahakali River from the Tanakpur Barrageand/or other mutually agreed points as provided for in thisTreaty and any subsequent agreement between the Parties.Article 6Any Project, other than those mentioned herein, to bedeveloped in the Mahakali River, where it is a boundaryriver, shall be designed and implemented by an agreementbetween the Parties on the principles established by theTreaty.Article 7In order to maintain the flow and level of the waters of theMahakali River, each Party undertakes not to use orobstruct or divert the waters of the Mahakali Riveradversely affecting its natural flow and level except by anagreement between the Parties. Provided, however, thisshall not preclude the use of the waters of the MahakaliRiver by the local communities living along both sides ofthe Mahakali River, not exceeding five (5) percent of theaverage annual flow at Pancheshwar.Article 8This Treaty shall not preclude planning, survey,development and operation of any work on the tributariesof the Mahakali River, to be carried out independently byeach Party in its own territory without adversely affectingthe provision of Article 7 of this Treaty.Article 91. There shall be a Mahakali River Commission (hereinafterreferred to as the ‘Commission’). The Commission shall beguided by the principles of equality, mutual benefit and noharm to either Party.2. The commission shall be composed of equal number ofrepresentatives from both the Parties.3. The function of the Commission shall, inter alia, include thefollowing:(a) To seek information on and, if necessary, inspect allstructures included in the Treaty and makerecommendations to both the Parties to take stepswhich shall be necessary to implement the provisionsof this Treaty,(b) To make recommendations to both the Parties for theconservation and utilization of the Mahakali River asenvisaged and provided for in this Treaty,(c) To provide expert evaluation of projects andrecommendations thereto,(d) To co-ordinate and monitor plans of actions arising outof the implementation of this treaty, and(e) To examine any differences arising between theParties concerning the interpretation and application ofthis Treaty.4. The expense of the Commission shall be borne equally byboth the Parties.5. As soon as the Commission has been constituted pursuantto Paragraph 1and 2 of this Article, it shall draft its rules ofprocedure, which shall be submitted to other the Parties fortheir concurrence.
318 / International Watercourses Law and Its Application in South Asia Appendix / 3196. Both the Parties shall reserve their rights to deal directlywith each other on matters, which may be in thecompetence of the Commission.Article 10Both the Parties may from project specific joint entity/ies forthe development, execution and operation of new projectsincluding Pancheshwar Multipurpose Project in the MahakaliRive for their mutual benefit.Article 111. If the Commission fails under Article 9 of this Treaty torecommend its opinion after examining the differences ofthe Parties within thee (3) months of such reference to theCommission then a dispute shall be deemed to have arisenwhich shall then be submitted to arbitration for decision. Indoing so either party shall give three (30 months priornotice other the other Party.2. Arbitration shall be conducted by a tribunal composed ofthree arbitrators. One arbitrator shall be nominated byNepal, one by India, with neither country nominate its ownnational and the third arbitrator shall be appointed jointly,who, as a member of the tribunal shall preside over suchtribunal. In the event that the Parties are unable to agreeupon the third arbitrator within ninety (90) days afterreceipt of a proposal, with Party may request the Secretary-General of the Permanent Court of Arbitration at the Hagueto appoint such arbitrator who shall not be a national ofeither country.3. The procedures of the arbitration shall be determined by thearbitration tribunal and the decision of a majority of thearbitrators shall be decision of the tribunal. The proceedingsof the tribunal shall be conducted in English and thedecision of such a tribunal shall be in writing.4. Provision for the venue of arbitration, the administrativesupport of the arbitration tribunal and the remuneration andexpenses of its arbitrators shall be as agreed in an exchangeof notes between the Parties. Both the Parties may alsoagree by such exchange of notes on alternative proceduresfor settling differences arising under this Treaty.Article 121. Following the conclusion of this Treaty, the earlierunderstanding reached between the Parties concerning theutilization of the waters of the Mahakali River from theSarada Barrrage and the Tanakpur Barrage, which has beenincorporated herein, shall be deemed to have been replacedby this Treaty.2. This Treaty shall be subject to ratification and shall enterinto force on the date of exchange of instruments ofratification. It shall remains valid for a period of seventyfive(75) years from the date of its entry into force.3. This Treaty shall be reviewed by both the Parties at ten (10)years interval or earlier as required by wither Party andmake amendments thereof, if necessary.4. Agreement, as required, shall be entered into by the Partiesto give effect to the provisions of this Treaty.IN WITNESS WEHREFO the undersigned being dulyauthorized thereto by their respective governments have theretotheir seals in two originals each in Hindi, Nepali and Englishlanguages, all the texts being equally authentic. In case of doubt,the English text shall prevail.Done at New Delhi, India, on the twelfth day of February of theyear one thousand nine hundred ninety six.(SHER BAHADUR DEUBA) (P. V. NARSIMGH RAO)PRIME MINISTER OF INDIAPRIME MINISTERSHIS MAJESTY’S GOVERNMENT OF NEPAL•
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318 / <strong>International</strong> <strong>Watercourses</strong> <strong>Law</strong> <strong>and</strong> <strong>Its</strong> <strong>Application</strong> in South Asia Appendix / 3196. Both the Parties shall reserve their rights to deal directlywith each other on matters, which may be in thecompetence of the Commission.Article 10Both the Parties may from project specific joint entity/ies forthe development, execution <strong>and</strong> operation of new projectsincluding Pancheshwar Multipurpose Project in the MahakaliRive for their mutual benefit.Article 111. If the Commission fails under Article 9 of this Treaty torecommend its opinion after examining the differences ofthe Parties within thee (3) months of such reference to theCommission then a dispute shall be deemed to have arisenwhich shall then be submitted to arbitration for decision. Indoing so either party shall give three (30 months priornotice other the other Party.2. Arbitration shall be conducted by a tribunal composed ofthree arbitrators. One arbitrator shall be nominated byNepal, one by India, with neither country nominate its ownnational <strong>and</strong> the third arbitrator shall be appointed jointly,who, as a member of the tribunal shall preside over suchtribunal. In the event that the Parties are unable to agreeupon the third arbitrator within ninety (90) days afterreceipt of a proposal, with Party may request the Secretary-General of the Permanent Court of Arbitration at the Hagueto appoint such arbitrator who shall not be a national ofeither country.3. The procedures of the arbitration shall be determined by thearbitration tribunal <strong>and</strong> the decision of a majority of thearbitrators shall be decision of the tribunal. The proceedingsof the tribunal shall be conducted in English <strong>and</strong> thedecision of such a tribunal shall be in writing.4. Provision for the venue of arbitration, the administrativesupport of the arbitration tribunal <strong>and</strong> the remuneration <strong>and</strong>expenses of its arbitrators shall be as agreed in an exchangeof notes between the Parties. Both the Parties may alsoagree by such exchange of notes on alternative proceduresfor settling differences arising under this Treaty.Article 121. Following the conclusion of this Treaty, the earlierunderst<strong>and</strong>ing reached between the Parties concerning theutilization of the waters of the Mahakali River from theSarada Barrrage <strong>and</strong> the Tanakpur Barrage, which has beenincorporated herein, shall be deemed to have been replacedby this Treaty.2. This Treaty shall be subject to ratification <strong>and</strong> shall enterinto force on the date of exchange of instruments ofratification. It shall remains valid for a period of seventyfive(75) years from the date of its entry into force.3. This Treaty shall be reviewed by both the Parties at ten (10)years interval or earlier as required by wither Party <strong>and</strong>make amendments thereof, if necessary.4. Agreement, as required, shall be entered into by the Partiesto give effect to the provisions of this Treaty.IN WITNESS WEHREFO the undersigned being dulyauthorized thereto by their respective governments have theretotheir seals in two originals each in Hindi, Nepali <strong>and</strong> Englishlanguages, all the texts being equally authentic. In case of doubt,the English text shall prevail.Done at New Delhi, India, on the twelfth day of February of theyear one thous<strong>and</strong> nine hundred ninety six.(SHER BAHADUR DEUBA) (P. V. NARSIMGH RAO)PRIME MINISTER OF INDIAPRIME MINISTERSHIS MAJESTY’S GOVERNMENT OF NEPAL•
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