THE FAMOUS AGREEMENT OF 1945

THE FAMOUS AGREEMENT OF 1945 BETWEEN SINDH AND PUNJAB PROVINCES, ABOUT REVARION RIGHTS OF EACH FOR RIVER INDUS WATER AND ITS TRIBUTARIES.INTRODUCTION. The word Sindh means the country of the Indus or "SINDHU", which derives its name from Sanskrit, Sindhu meaning river, Greek Sinthos, Latin Sindus, Aryan Sindh mean the same thing. Geologically Sindhi is the creation of the alluvium brought down by the river Indus. The first man-made developed from the natural creeks of the Indus, many years ago. These Inundation Canals depended upon the seasonal rise of the river water level. By the middle of 19th Century there were more than 100 such canals irrigating about 15 lakhs acres of land. By the turn of 19th Century the Inundation Canal system improved steadily and these canals commanded an area of nearly 20 lakhs acres. Almost the entire population of this province used to be engaged in cultivation and practically no other profession. In the beginning of 20th Century the construction of Barrages in the Punjab started, which diminished precariously the flows in the Indus and the entire system of Inundation canals in Sindh was in jeopardy. These canals reached the peak of development, after the construction of flood protection Bunds, which prior to 1869 were constructed and protected by local landowners but thereafter because the concern of the Government. These Bunds had reduced the hazard of uncontrolled flooding and the situation had greatly improved. But with increasing withdrawals of water in the Punjab after construction of the Barrages it had started to delay the spring rise and hasten the drop in water level in autumn in the Indus. HISTORY The project of Sukkur Barrage was conceived after multidimensional considerations and studies and after the report of London Committee, which was received by the Government of Bombay, in March 1914. Mr. (Late/Sir) Musto was put on special duty to take up the revision of Sukkur Barrage project and the project report was prepared and completed in 1919, and the project as it stands today, is known as Sukkur Barrage. The project was sanctioned by the secretary of State for India in April, 1923. The Construction of the barrage started in 1923, and it was declared open on 13th January, 1932. It was recognized that the project was the largest single irrigation scheme ii' the world. It brought within its command some eight million acres. The new irrigation system? contemplated in the project represents an increase in annual cultivation of three and a half million acres. PRIOR REVIEWS OF THE PROJECT. The present project is based on the work of Baker and Lane. In January, 1918 they were placed on special duty to investigate the areas and propose water supplies for the new canals. The report was adopted as the basis for preparing the project The requirements of the Sukkur project have been reviewed more than once. The actual drawing up of the 1919-20 project was under the supervision of Mr. A.A. Musto (who was later knighted for building the Barrage). The basic water allowances were not changed but some revisions in the canals were made Constructions started on July 1, 1923, immediately after the project was finally sanctioned. Even before the work had started Punjab had sought to reduce the proposed supplies so as to release water for the Thall project. In August, 1923, the Government of India wrote as follows: THE SUKKUR BARRAGE AND CANALS PROJECT HAD BEEN DESIGNED FOR THE BENEFIT OF A COUNTRY THAT IS FULLY ENTITLED TO THE WATER WHICH IT IS PROPOSED TO ALLOT TO IT AND ITS SUPPLIES MUST OBVIOUSLY BE ASSURED BY ANY PROJECT WHICH MAY SUBSEQUENTLY BE PUT FORWARD, WHETHER BY GOVERNMENT OF THE PUNJAB OR BOMBAY, BEFORE SUCH PROJECT CAN BE ACCEPTED*. The Government of India in 1926 in the following language reaffirmed the position: GOVERNMENT (OF THE PUNJAB) APPEAR TO THINK THAT NO FURTHER EXTENSION OF IRRIGATION IN THE PUNJAB CAN BE CONTEMPLATED UNTIL THE SUKKUR BARRAGE SCHEME HAS BEEN IN OPERATION FOR SOMETIME. ALL THAT WAS MEANT WAS THAT THE GOVERNMENT OF INDIA ARE NOT PREPARED TO ACCEPT ARGUMENTS IN FAVOR OF FURTHER IRRIGATION SCHEMES BASED ON THE VIEW THAT THE VOLUME OF WATER ALLOWED FOR THE SUKKUR BARRAGE IS GREATER THAN WILL ACTUALLY BE REQUIRED. Again in 1927, the Secretary of State for India refused to reopen the question of the duties of the Sukkur Barrage Canals. In 1935, a Committee of the Central Board of Irrigation, known generally as the Anderson Committee was set up to examine certain specific items on the distribution of the water of the Indus and its tributaries. The Committee consisted of two independent members, both engineers appointed by the Government of India and representatives of all the provinces and States interested in the Indus water. On the unanimous recommendation of this Committee, the Government of India in March, 1937 allocated to the Sukkur Barrage Canals certain additional supplies beyond those that had been sanctioned in 1923 by the Secretary of State for India. In 1941, the allocation for the Sukkur Barrage Canals were again taken up, this time before the Indus (Rao) Commission. The Punjab asserted that the mean monthly withdrawals should be less than the sanctioned figures, and contended that the allocations should be so construed as to represent a limit not to be exceeded on any day. On this point the Commission answered: Paragraph 157. Finding on second-Issue-Our answer to this issue therefore is as follows: "THE AUTHORIZED MONTHLY WITHDRAWALS OF THE SUKKUR BARRAGE CANALS ARE MEAN MONTHLY WITHDRAWALS IN THE SENSE THAT THE CANALS MAY, SO FAR AS THEIR CARRYING CAPACITY PERMITS, DRAW MORE THAN THE SANCTIONED FIGURES ON ONE DAY AND LESS ON ANOTHER, SO LONG AS THE TOTAL WITHDRAWALS FOR EACH MONTH WHEN REDUCED TO CUSICS DOES NOT EXCEED THE SANCTIONED FIGURE...." The Commission concluded with respect to allocation for the Sukkur Barrage canals that "there can hardly be any question of an appropriation of this kind exceeding the equitable share of the province". In laying down the basis of an agreement to carry out the recommendations of the Rao Commission, Mr. A.N. Khosla, who then represented the Punjab, agreed that "Existing Canals shall have complete priority over any of the scheduled projects specified before the Indus Commission", and "No storage shall be done or direct withdrawal made by the new Punjab canals from the River in periods in which, with due allowance for time lag, supplies in the river are likely to be insufficient to meet the prescriptive requirements of the Sukkur Barrage Canals ......" In the Sindh-Punjab Agreement of 1945, the allocation of the Sukkur Barrage Canals as increased by the Government of India pursuant to the recommendations of the Anderson Committee were confirmed. A further supply of 2,000 Cusics was allowed during the period from June 1, to October 15 for Sailab (flood) areas in Khairpur and Sindh. The Sukkur Barrage allocation therefore, as originally sanctioned in 1923 and as reaffirmed and increased by the order of the Government of India in 1937, and by the Sindh-Punjab Agreement of 1945, are as follows TABLE 6.SUPPLIES ALLOTTED TO THE SUKKUR BARRAGE CANALS:MONTH MEAN ALLOCATION IN CUSICS ALLOCATION IN AGREEMENT April 27,896 1,673,760 May 38,660 2,396,920 June 46,763 2,805,780 July 47,763 2,961,306 August 47,763 2,961,306 September 47,673 2,865,780 October 1-15 34,339 1,030,170 October 16-31 32,339 1,034,848 November 23A82 1,408,920 December 24,548 1,583,976 January 24,923 1,545,226 February 24,923 1,445,534 March 25,7211 ,594,702 25,308,228 TOTAL 25,31 MAF Both sides signed the Sindh-Punjab Agreement on 28th September, 1945 and the Punjab in their letter of 13th October 1945 subsequently officially ratified this agreement. The agreement is reproduced below: AGREEMENT BETWEEN THE PUNJAB AND SINDH REGARDING THE SHARING OF THE WATERS OF THE INDUS AND FIVE PUNJAB RIVERS. 1. SCOPE OF THE AGREEMENT:- This agreement refers to the sharing of Indus between the Punjab and Sindh. The Punjab share comprises the withdrawals controlled by the Punjab from the Indus and its tributaries for the use of the province of Punjab and certain Indian States. The share of the Punjab under priority V detailed below shall also include the share of the North-West Frontier. Sindh's share under the Priorities, I, III, IV and V, as detailed below, comprises withdrawals for the use of the province of Sindh and Khairpur, its share under priority II ( as detailed below) is, however, for British Sindh canals only. 2. GRADING OF PRIORITIES: To give effect to this agreement, five grades of priorities are recognized:- (1) Existing withdrawals on (a) Punjab (Punjab rivers) (First Priority on Punjab rivers). (b) Indus (First priority on Indus main and the next priority on Punjab rivers). (ii) Primary, i.e. prescriptive supplies, for projected canals specified in clause II. (iii) Secondary additional supplies for projected canals. (iv) Storage water and other subsequent allocations. (v) Balance supplies. (2) Except as otherwise provided, allocation under a higher priority will have precedence over those under all lower priorities. PRIORITY I ( EXISTING WITHDRAWALS) (1) Period (1st April to 30th September, except as otherwise provided). (A) Punjnad (Five Punjab rivers). (i) This priority comprises: (a) The supplies taken by old canals, i.e.:- (1) Northern canals (i.e. Upper and lower Chenab Upper and Lower Jehlum and Bari Doab canals). (For the Upper Chenab and Upper Jehlum canals the supplies taken shall be the supplies used plus absorption losses). (2) Upper Bari Doab Canal and Kashmir canal. (3) Sirhind Canal. (b) The supplies taken in the past by undeveloped canals i.e. (1) Sutlej Valley canals. (2) Havelie canals including the Pakpattan Link. (3) Punjnad canals. With additions providing for their future development. (ii) These withdrawals will have the first claim on the waters of the Punjab Rivers and no claim on the waters of the Indus, subject to the limitation that such withdrawals shall not on any day exceed those given in the table 1(a) unless, with due allowance for time lag, water is sufficient for the requirements of priorities I-B, II and specified below: (B) INDUS (I) This priority comprises the supplies allocated to - (1) Thai Canals. (2) Sukkur Barrage Canals including Khairpur State Canals. (ii) The Thai and the Sukkur Barrage canals will have an equal claim on the waters of the Indus River and of the five Punjab rivers surplus to priority I-A subject to the limitation that the Punjab withdrawals shall not on any day exceed those given in Tables 1(a) and 1(b), unless, with due allowance for time lag, water is sufficient to meet the requirements under Priorities II and III. (2) Period (1st October to 31St March except as otherwise provided). (A) Punjnad (Five Punjab rivers) (i) This priority comprises (a) The supplies taken by old canals i.e. (I) Northern canals (i.e. Upper and Lower Chenab, Upper and Lower Jehlum and Lower Bari Doab canals).(2) Upper Bari Doab Canal and Kashmir Canal. (3) Sirhind Canal. (b) The supplies taken in the past by Sutlej Valley Canals with additions providing for development upto perennial capacity.(c) The supplies authorized for the Punjnad and Haveli canals. (d) Further allocations to Punjnad and Haveli upto their perennial capacities, as provided in B (V), below: - (ii) The withdrawal under (a), (b) and (c) above will have the first claim on the waters of the Punjab rivers and no claim on the waters of the Indus. (iii) The withdrawal under (a) and (1)) shall be limited only by the river supplies available or by the Rabi capacity of die canals.(B) INDUS (i) This priority comprises the Rabi supplies allotted to, (1) The inundation canals merged in new Sindh Barrage as prescriptive supplies, equal to the average withdrawals of the three lowest years in any decade. (2) The inundation canals to be merged in the Punjab Indus Barrages, on their conversion to weir control as prescriptive supplies, equal to the average of the three lowest years in any decade.(3) Sukkur Barrage Canals including Khairpur State Canals. (4) Thal Canal upto its authorizations. (5) That Canal, in addition, upto its capacity (60000 Cs). (ii) The mean monthly allocation for (1) to (4) above are given in Table 1(c). If Indus supplies plus Punjab supplies surplus to priority I-A are below the allocation of these canals, after meeting the allocation for (1) and (2) above (vide Table 1(c) the balance supplies will be shared in the proportion given in Table 1(d), which is based on an assumed lag of 15 days. Provided that in the period 17/2 to 8/3 (Sukkur dates) the Sukkur Canals will have priority on Indus water upto their capacity of 34,000 Cusics. (a) Over Thal alone till the Punjab Indus inundation canals are converted to weir control, and (b)) Over Thai and the Punjab Indus Inundation canals when the latter are converted to weir control. While in periods 11112 to 24/12 and 31/3 (Kalabagh dates) (a) That will have priority upto its capacity of 6,000 Cs. till the Indus Inundation canals are converted to weir and, (b) Thai will have priority upto its capacity of 6000 Cusics and the Punjab Inundation Canals upto the authorizations laid-down in Table 1(e) when the Punjab Inundation canals have been brought under weir control. (iii) During periods of shortage the Punjab shall be at liberty to make good supplies to the Thal upto its capacity by using Indus water at Kalabagh, provided that equivalent supplies of the same duration are released below Punjnad from the Punjab share of the Punjab rivers over the same period, with due allowance for time lag and losses or gains. (iv) When the Indus supplies plus Punjnad supplies surplus to priority I-A are in excess of the allocation of Sukkur Barrage and Thal as specified in Table I(C)i the canals, mentioned under (i) (1) and (i) (2) above may draw supplies as laid down in table 1(e). Thereafter the Thai canal may draw on balance supplies upto its capacity of 6000 Cusics, after which the Sukkur Barrage Canals may draw upto their Rabi capacity (34,000 Cusics) subject to the provide under (V) below. The Punjab and Sindh Inundation Canals, when brought under weir control may then draw upto their authorized perennial capacities. (v) The Sukkur Barrage Canals have priority on Punjnad water surplus to priority I-A until their allocation in Table 1(c) are met. Thereafter Haveli and Punjnad may lake water upto their capacities as given in Table 1(f) after which the Sukkur Barrage canals may withdraw upto their Rabi capacity (34,000 Cusics), as in (iv) above. (vi) The water accounts during the Rabi shall be maintained and balanced in ten-day periods as well as in calendar months. PRIORITY II. (PROJECTED CANALS PRIMARY, i.e. PRESCRIPTIVE SUPPLIES). (1) The total withdrawals for the Punjab and Sindh under the priority are detailed in table 11(a). They comprise: (a) Ravi water set free by the Haveli project, less supplies utilized in Pakpattan Link. (b) Prescriptive rights for Gray canals to be utilized on Bhakra Canals. (c) Prescriptive rights Inundation canals merged in the new Sindh Barrages. (d) Prescriptive rights of the Punjab Indus Inundation canals, when brought under weir control. (2) Withdrawals for projected canals by either party may be made only when water is surplus to the actual requirements of the Punjab and the allocations of Sindh under priority I-A and I-B. (3) When water is short of the requirements of priority Ii, the balance supply left after meeting the requirements of the Punjab and the allocations of Sindh for priority I in full, shall be divided between the Punjab and Sindh in the ratio of their prescriptive rights, with due allowance for time lag i.e. (a) Till the Punjab Indus Inundation canals are converted to weir control in the proportions laid-down for the relevant period in Table 11(b) and, (b) When the Punjab Indus Inundation canals are converted to weir control in the proportions laid-down for the relevant period in Table 11(c). In both these tables a time lag of ten days has been assumed. Thus, where Pe and Se are the Kharif allocations for the Punjab and Sindh weir-controlled existing canals respectively (vide Table 1(a), I (b) and 11(d), P1 is the Punjab requirements against the allocations for their existing canals, R is the total river supply to be distributed and n 1 and I-n 1 are the proportions of prescriptive rights for Punjab and Sindh respectively ((Vide Table 11(b) or 11(c) as the case may be)), then Sindh's share = Se Plus l-nl (R-Pl-Se) Punjab's share = P1 Plus n 1 (R-PI-Se) 5. PRIORITY III ((PROJECTED CANALS (ADDITIONAL OR SECONDARY SUPPLIES)). 1) The mean monthly, withdrawals under this head are detailed in Table 111(b) being the difference between the total allocations (( vide Table 111(a)))) and the primary supplies of the Punjab and Sindh projected canals (( vide Table II (a) ). They comprise:SINDH:- (a) Additional or secondary allocations for the new Lower Sindh and Upper Sindh Barrages. (b) Allocations for Sailab areas in Khairpur and Middle Sindh. PUNJAB:-(a) Additional allocations for the Ballokot Sulemanki Link or an accepted variant (e.g. Marhu Tunnel). (b) Flow water for Bhakra Canals (including Grey Canals), Bist Doab canal and Sutlej Valley Sailab areas. (2) Withdrawals for Priority III shall be made only when water is in excess of the actual requirements of the Punjab and the allocation for Sindh under Priorities I (A and B) and the allocation of Punjab and Sindh under priority II. (3) When water is short of the full requirements of priority III, the balance supply left, after meeting the requirements of the Punjab and the allocations of Sindh under priorities I (A and B) and 11 in full shall be divided between the Punjab and Sindh in the proportion laid down for that period in Table 111(c) which is based on an assumed time lag of 10 days. Thus, where PA Allocation for the Punjab existing canals (( Vide Tables II (a) and 1(b)) plus the prescriptive right for the Punjab projected canals ((Vide Table 11(a)). P1 = the prescriptive rights of the Punjab projected canals (( Vide Table 11(a)) and the actual Punjab requirements for the period against the allocation of their existing canals. SA = allocations for the Sukkur Barrage canals plus the prescriptive rights of the new lower and Upper Sindh Barrages, ((vide table II 9d) and II 9a).R = total river supplies to be distributed between existing and projected canals. n 8 1-n= the share ratios of Punjab and Sindh respectively of the secondary or additional supplies (( Vide Table III (c)). Sindh's share = S Plus 1-n (R-P1-SA) Punjab's share = P1 Plus n ~-P1-SA). (4) Whenever water is short of the total authorizations of the three Sindh Barrages, the withdrawals of the Ballokt Sulemanki Link or its accepted variant (e.g. Marhu Tunnel) will be limited to Punjab's unused share for the projected canals under Priority III or to a daily maximum withdrawal as specified in Table 111(d), Column 2, whichever is less. (5) The provision of this clause shall be subject to the conditions laid down in sub-clause (6) of clause 6. 6. PRIORITY IV. (STORAGE WATER AND OTHER SUBSEQUENT ALLOCATIONS) (1) The provisions of sub-clause 2 to 5 (inclusive shall have effect subject to the conditions laid down in sub-clause 6. (2) After the indents of the two new Sindh Barrages and the Sukkur Barrage upto their allocation have been met, the Punjab shall be entitled to withdraw the allocations detailed in Table IV (a) for use by flow comprising: (a) 2nd allocations for the Thal Canal. (b) 2nd additional allocations through the Balokt Suleimanki Link or its accepted variant (e.g. Marhu Tunnel) subject to the proviso of sub-clause (3) below. (c) 2nd allocations to Punjab existing canals on the Punjnad. (3) After the indents of the three Sindh Barrages, their allocations 5 have been met, the withdrawal under sub-Clause (2) (b) above shall be restricted to the unused portion of Punjab’s share for the projected canals under priority III or to the mean monthly figures given in column 3 of Table III (d), which ever is less. 4) In the months of July and August, however, the link or its accepted variant may transfer water under this priority subject to the proviso of clause 5 (4), upto a limit of 1 9300 Cusics for supplementing the Punjab canals or for the generation of hydroelectric power, in which case water will flow down the Sutlej instead of the Chenab. (5) After the start intends of the two new Sindh Barrages and the Sukkur Barrage Canals, upto their allocation have been met, the Punjab shall be at liberty to store at the storages specified in clause II upto the limits of their respective capacities have shown therein. Such storage water may be subsequently released and used at will. Storage water so used will not count against allocations of how water under any priority. (6) Withdrawals by the Punjab for their projects specified in Clauses II and 12 (c), falling under Priorities III ad IV, shall be subject to the following condition:- (a) No withdrawals shall be made for any such project before 1954 or before the completion of both the new Sindh Barrages whichever is earlier, except as provided in sub-clause (d) below (b) In the years 1954 to 1957, withdrawal may be made for;i) the Punjab projected canals as specified under priority III. (ii) storage at Bhakra except in the period 1st to 30th September, and (iii) storage at Dhiangarh and the other small storage in July and August only (Sukkur dates with respect to (i) and (ii)). (c) Even after the year 1957, withdrawals for tile Dhiangarh Dam and the small storage shall be made during the calendar months of July and August only (Sukkur dates) except as may be subsequently provided under clause 14(2). (d) Punjab may construct at any time the Bist Doab Canal scheme and its linked storage dams on the Soan and Sirsa torrents provided that the combined live storage capacity at these two darns does not exceed 5,00,000 acre-feet and provided that no water shall be stored in these reservoirs nor direct withdrawals made into the canal from the river, in the months other than July and August (Sukkur dates) if as a result of such withdrawals the supplies to the Sindh Inundation canals or the new Sindh Barrage canals are likely to fall below the prescriptive supplies as laid down in Table 11(a). 7. PRIORITY V. ( BALANCE SUPPLIES). (1) Until the expiry of the period specified in Clause 12, either party will have the right to use water surplus to priorities I to IV in any canal or storage reservoir upto the limit of its capacity, but such use will not confer any prescriptive rights in respect of any additional withdrawal taken under the sub-Clause. Such additional withdrawals may be made only with the previous consent of the other party. This consent will be give as early as practicable, and may only be refused by the other party if in its opinion the additional withdrawal is likely to injure its interests. (2) After the expiry of the period specified in Clause 12 the balance supplies including water used under sub-Clause (1), will become the property of the parties in the proportions laid down in Table V (a) and either party may thereafter frame and carry out projects for the use of such waters with the con sent of the other party. The second party will have the right to object to the constructions of such projects only if it can show that the projects infringe its rights under this agreement. (3) For the purpose of sharing under this clause: (I) The balance supply in Indus at Ghazighat shall be obtained by deducting from the measured discharge at Ghazighat, the equivalent at Ghazighat, after allowing for losses or gains of: (a) the existing rights between Ghazighat and Mithankot (( Vide Table V (b), Col. 2)). (b) The authorized withdrawals for Sukkur Barrage Canals and the new Sindh Barrages and the existing rights of the Middle Sindh Inundation canals and Middle Sindh and Khairpur Sailab area (( Vide Table V (c)) and ( (c) the authorized withdrawals of Thal (( Vide Table V (b)) minus the actual withdrawals. 75 percent of this balance supply shall be taken as Sindh's share of the Indus at Ghazighat and transferred to Guddu. (ii) The balance supply from the five Punjab rivers at Punjnad shall be obtained by deducting from the measured discharges at Punjnad (Below), - (a) the existing rights of the Punjab canals (( as specified in column 4, Table V (b) minus the actual withdrawals at the time; and (b) the equivalents, at Punjnad of the authorized withdrawals of the Punjab projects (( Vide Column 5 and 6 of Table V (b)) and of withdrawals for storage (( Vide Clause 6)) minus the actual withdrawals in these at the time. The shares of this balance supply from the five Punjab rivers at Punjnad for the Punjab and Sindh shall be as laid down in Table V (a). The shares from the Punjnad as so calculated shall be added to the shares of each party from the Indus Main, obtained under sub-Clause (3) (1) to give the party's total apportionment of the balance supplies under Priority V.(4) In the event of disagreement under sub-Clause (2) supra, the matter in dispute shall be referred to arbitration as provided under Clause 17.
RIGHTS OF INUNDATION CANALS. (I) Inundation canals have the right to take whatever river levels permit. The existing authorized capacities of the Inundation canals shall not be increased to take increased supplies until such time as they come under weir-control. No water will be specially released in order to ensure any water levels required for them. (2) Whenever any Inundation canals are brought under weir control they will be given supplies as under: (a) during Kharif under Priority II: (i) for the months of April, Mary and June equal to the average withdrawals of these canals in any ten consecutive years prior to the date of this agreement. (ii) for the mouths of September and October supplies equal to average withdrawals of the canals in the same or any other ten-years period prior to the date of this agreement. (iii) For the month of July and August full authorized discharge of the canals, and(b) during Rabi (November to March) under priority I. (i) in periods when river supplies are short of the authorizations of the Sukkur Barrage canals and Thai, supplies equal to the average of the three lowest years in any ten consecutive years prior to the date of this agreement and (ii) In other periods supplies equal to the average withdrawals in any ten consecutive years prior to the date of this agreement. (3) Additional supplies for such future projects shall be met from the Party's apportionment of balance supplies and will rank under priority PROVISIONS RELATING TO SHARING OR SUPPLIES. (I) (a) The share supplies specified under priorities I to IV, shall be given at the off-takes of the canals mentioned therein or their accepted variants. (b) The Punjab government shall be responsible to see the Sindh is supplied its due share of water under priorities I to IV. Should the Punjab at any time use or store any water to which Sindh has a right, an equivalent supply of water shall be returned to Sindh from the supplies to which the Punjab has at that time a right. This return shall be made at that time a right. This return shall be made at such rates of release and at such time within two month of the commencement of such use or storage, as shall be selected by Sindh, and at such site at which it is practicable to return the water. (c) Water permitted by Sindh to be wasted to the Sea at time when it might have been used to meet Sindh' rights i.e. up to indents under this agreement shall be considered to have been so used and Sindh shall have no rights under this Agreement in respect of any shortage of supply which have been avoided by the use of this water. (2) (a) For sharing balance supplies under priority V, the share for the Punjab shall be as at Ghazighat in respect of Indus supplies and as at Punjnad in respect of supplies in the five Punjab rivers and the supplies for Sindh shall be as at Guddu (b) If any supply in excess of the Punjab share. is withdrawn by the Punjab, the Punjab shall return to Sindh an equivalent supply of water in any 15 days period within two months of the excess withdrawal the period to be fixed at the discretion of Sindh TRANSFERENCE OF SHARE SUPPLIES. Either party may use the water to which it has a right in any of canals at will subject to the limit of existing or agreed capacities a subject further to following provisos (a) Allotments to the Punjab for its canals under priorities I to IV on the Punjab shall not be met from the Indus. (b) In periods when supplies under priori Lies II and III are not sufficient for the Sindh projected canals, the Punjab shall not transfer supplies allotted for its existing canals under priority I to its projected canals or their accepted variants, but when water is surplus to the full requirements of the three Sindh Barrages, supplies allotted for the Punjab existing canals may be transferred to its projected canals provided that during the periods of years specified in clause 12 the previous consent of Sindh will be obtained. (c) Any transfer of supplies between projected canal inters, in the Punjab, shall be restricted to periods of shortage on the Sutlej-cum-Beas and the limited, (i) During periods of shortage for the three Sindh Barrages, to the un-used share of the projected canals or to daily maximum withdrawal specified in column 2 of Table III 9d), whichever is less; (ii) In other periods to the unused share of projected canals or the mean monthly withdrawals given in column 3 of Table 111(d) whichever is less.11. PROJECTED CANALS AND STARCHES. (1) The construction of the following works is agreed to:- 1. SINDH. (a) (a) A Barrage across the Indus in Upper Sindh with canals of 40,000 Cusics capacity.(b) A Barrage across the Indus in Lower Sindhi with canals of 47,000 Cusics capacity. Canals from Sukkur Barrage of capacity of 2000 Cusics for Sailab areas. 11. PUNJAB. (a) A Link or links totaling 19.300 Cusics capacity form the Chenab and the Ravi to the Sutlej (b) The Bhakra Dam with alive storage capacity of 40,000 acre feet. (c) The Dhiangarh Dam with a live storage of capacity of 25,00,000 acre feet. (d) Four small storages on the tributaries of the Punjab rivers as under: Three storages on Ravi (including Dos) 10,28,520 Soolar lake on Jehlum 3,34,000 1,362,520Less Deg storage 434,520 Acre feet. 9,28,000 (e) The Bhakra canals with a capacity of 13,000 Cusics. (f) An increase of Kharif capacity of Thai canal to 10,000 Cusics. (g) The Bist Doab canal with a capacity of l200 Cusics and storage on the Sirsa and Seen Torrents of an aggregate capacity of 500,000-acre feet. (h) An increase of capacity of the Sutlej Val Icy canals of 1800 Cusics for Sailab areas of Bahawalpur and Punjab. (2) Either party may with the consent of the other party substitute a substantially equivalent variant or variants for any one or more of these works. The second party shall have the right to withhold such consent only if they can show that the variant or variants proposed will throw a greater burden on the river supplies than the replaced project or projects. Provided that the Punjab shall not construct more than two major storage dams (indulging the Bhakra), each having a capacity of 500,000 acre feet. (3) In the event of disagreement under sub-clause (2) the matter in dispute shall be referred to arbitration as provided under clause 17. 12. FUTURE PROJECTS. (1) No new works other than those specified in clause 11 or modification of old works designed with the object of increasing river withdrawals will be constructed by either party without the consent of the other party until after the expiry of 10 years from the date of completion of the two new Sindh Barrages, or 20 years from the dale of agreement whichever is earlier that: (a) Minor projects involving a storage capacity of less than half of million acre feet or a canal capacity of less than 1500 Cusics may be under taken earlier by either party after obtaining the specific consent of the other party; and (b) Until then new Sindh Barrages are built, no withdrawals for storage of direct supplies to new canals shall be made in September (Sukkur dates), (c) Subject to the conditions of clauses 3 and 4 and sub-clause (2) below, the Punjab shall be permitted to construct a barrage across the Indus above Ghazighat with canals not exceeding 20,000 Cusics capacity.(2) Any additional supplies required for projects constructed under sub-clause (1) above shall be met from the party's share under Priority V. 13. SINDH NON-PERENNIAL CANALS. The non-perennial canals of the Sukkur Barrage and the two proposed new Sindh Barrages may be opened in the first fortnight of April and may remain open from 16th to 31st October if water is surplus to the requirements of the Punjab and Haveli canals as specified in Paras 25.26 and 34 (b) of the Anderson Committee report (1935), Vol. I provided that Sindh should establish no prescriptive rights in respect of these additional withdrawals. Nothing in the above shall adversely affect the existing rights of the Sutlej Valley canals in this respect. 14. SHARING OF FLOFFI RlGHTS AND FRESHETS. (I) Irrespective of whether allocations under Priority I are met or not, the Punjab shall be entitled to store water in the Bijakra Reservoir in the months of November, February, March and April whenever the combined discharges of the Sutlej and Bias Rivers is less than 19000 Cusics and in the months of December and January whenever the combined discharges of the rivers is less than 17,000 Cusics. For the purpose of this clause the Sutlej discharge shall he the storage at Bakra plus the discharge at Rupar (above) and that of the Bias shall be at Mandi Plain. (2) When the Punjab constructs other storage reservoirs, the question of giving similar storage rights will be considered and the Punjab will be given such rights as are compatible with no injury to Sindh. (3) The Punjab and Sindh shall have the right during the period 1st January to 31st March (Punjab dates) to store use by flow in any of their canals half the freshest water as measured at the point of off-takes of these withdrawals, Freshet water is defined as all water in excess of Sindh and Punjab withdrawals under priority I (A and B). (4) The Punjab shall have the right to diurnal storage at any time when this is necessitated by variations within the twenty four hours in the electrical load, but the total volume of water discharged from a reservoir within every period of twenty four hours shall not be less than that entering the reservoir except when this is inconsistent with the day to day storage permissible under this agreement. (5) In the event of disagreement under sub-clause (2) supra, the matter in dispute shall be referred to arbitration as provided under clause 17. 15. ALLOCATION NOT TO BE REVISED. Allocation made under this agreement shall not be revised or prejudicially affected without the consent of both the parties. 16. RlVER DATE, ETC., (1) Accurate measurements of river discharges shall be made jointly by Sindh and Punjab, at all discharge sites, in the Punjab and Sindh, with upto date equipment (including launches) and by the most modern method known at the time. For this purpose one or more observers of Sindh shall be permitted by the Punjab to be stationed at each Punjab site, in the hills or in the plains, as selected by Sindh, and one or more observers of Punjab shall be permitted by Sindh to be stationed at Sindh discharge sites, as selected by the Punjab. Such observers shall take original and check measurements, either jointly or individually as may be considered necessary, and when duly signed by the parties shall be considered to be correct. (2) Gauges and discharges data of rivers canals and storages should be made available to both the parties at agreed intervals in the quickest practicable manner. (3) Whenever time lags have been provided in this agreement on assumed figures, these figures will be liable to modification in the light of experience , gained, subject to agreement of both the parties. (4) Whenever figures of percentage for losses and gains are required for the operation of the Agreement such figures shall be determined in the light of experience gained, subject to agreement of both the parties. (5) In the event of a dispute as to the scope or operation of this clause, the matter in dispute shall be referred to arbitration as provided under clause 17. 17. Any other dispute for which arbitration has been provided under clause 7 (4), 11(2), 14(2) and 16 shall be referred to an officer to be appointed by the Government of India who shall be acceptable to both parties and whose decision shall be final and binding on the parties. 18. Agreement on all these clauses is subject to a satisfactory of the financial issues on the lines of clause (Ill), (IV) of the 4 Khosla Memorandum of February, 1945, or by any other method acceptable to both parties. Chief Engineer in Sindh Chief Engineer in Punjab (Sd) J.L. Grant (Sd) E.L. Prothewe. (Sd.) F.F. Haigh. 28th September, 1945 28th September, 1945I have shown above that, after the division of India we came under the slavery of Muhajir Punjabi imperialist rulers, they first reduced the majority of Bengal and in West Pakistan established One-Unit and after that the following conditions happened: 1. After the establishment of One-Unit separate existence of Sindh was finished and the agreement between Sindh and Punjab on water problems was arbitrarily violated. Because the agreement was between two provincial Governments and now after the establishment of one Government, Sindh's right as a separate party was not recognized. 2. After abrogation of water agreement, Sindh suffered following losses:- (A) By one sided decision, agreement's clauses 12 (a), 14, 2 and 15 were done away with and Punjab was allowed to collect water by the following dams,(i) Tarbela Dam (ii) Mangla Dam (iii)Chashma Dam (iv) Raval Dam According to which several thousand million acres feet of water was to be collected and utilized for Punjab's purposes. (B) 25% water of Punjab's three rivers, Sutlej, Bias, and Ravi, was sold to Bharat Government for one thousand crores of rupees, in which foreign powers also paid some share. In view of the sold water of above mentioned rivers the above mentioned dams were constructed. The Indus river's water, on which Punjab had no right share. (C) Against the agreement on Indus River, Taunsa Barrage was constructed. (D) Indus River's water of 75% was fixed for Sindh. From it, new canals were constructed in Punjab about 25% more water was given to Punjab, without the consent of Sindh. (E) According to agreement between both provinces the matter was to be decided by the Central Government, which was to perform the function of a third party, that was also taken away. (F) The average rainfall in Punjab, every year is from 20 to 40 inches and in Sindh every year it is only form 4 to 12 inches on an average. In Punjab underground water is sweet and estimated at 200 thousand million acres feet and in Sindh underground water is only 3 hundred million acres feet. Inspite of that more water of all rivers is given to Punjab. With the result that in Sindh there is less and less Irrigation. (G) The result of which is that in the cultivation of both provinces, the difference became greater. In 1973-74 both provinces had cultivate land as below: In Punjab the total cultivated land was 2,19,94800 acres. In Sindh the total cultivated land was 1,18,81000 acres. Thus Sindh's cultivated area was 1,01,13,800 acres less. In that the cultivation under main crops was as under: In Punjab the total cotton cultivation was 33,82,000 Acres. The total area under Sugar cane in Punjab was 10,91,00. The total area under Wheat crop was 1,09,04,000. The production figures have already been mentioned. Therefore they will not be repeated again. In Sindh the total cultivation under cotton Crop was 11,67,000 acres. Area under Sugarcane was 2,51,000 Acres, Wheat crop was 20,76,000 acres. The production figures arc not shown here because they have been already mentioned above.(H) In Sin(1h, for the deficit of water Sindh Govern men decided that the water of rainfall be collected for the of cultivation and for that several schemes are prepared. About which the information is given above. The estimated amount of 33 crore rupees of Sindh were transferred to Punjab and utilized there. (I) In the inundation time, the surplus water Indus goes to Sea. For the storage of that water, Sindh Agricultural Commission had suggested the construction of four dams. But after the establishment of One-Unit, all powers having gone to Lahore Government, nothing could be done in this respect. (3) In Sindh the area under forests was very much less. Before the Sindh Agriculture Commission, the forest department in their presentation had shown the area under forests was only 2% which was less than most of the countries of the world. Even Saudi Arabia, which is mostly a desert country, has got more forest area than Sindh and for the increase of that area various schemes were prepared. But the completion of those schemes could not be done because the water of rivers was taken away by Punjab. Sindh begets its name from the river ‘ Sindhu’, which is primarily the original name of the river 'Indus’. Over the centuries it has been subject to considerable name deviation, which are phonetic variations of the root word ‘ Sindhu’, Linguistically there have been various theories put forward accounting for the oscillatory behavior of this name. Sindh, southern province of Pakistan, is situated in the north west corner of Indo-Pak Sub-Continent. In the north it is bordered by the Punjab province, by the Thar desert in the east, Baluchistan in the west and in the south by the Arabian sea and the Runn of Kucch. Geographically it covers 140, 914 sq.kms. of the total area of Pakistan .The early political history of Sindh is shrouded in mystery and mostly remains unknown. The excavation of Mohen jo Daro brought to light the existence of a highly developed urban culture in Sindh (2500-200 BC).The discovery of highly urbanized and developed civilization brought the ancient Indus civilization parallel to the Egyptian and the Mesopotamian. It gave pride and confidence to the people of the subcontinent and strengthened the freedom movement against the Britishers.The Aryans were settled in a vast region of sixteen lands in the Avestan period. In addition to their patronymic and tribal names, they must have had a way to designate each other collectively by the names of their respective lands. That is why we find that the Achaemenian Shahs of 2500 years ago provide us, in their rock inscriptions, with some thirty names of sixteen Aryan provinces. Among them, we have Hindu ( Sindhu) and its adjective Hinduya ( Sindhi).This is the first time on record that the name ‘Sindhi’ was employed to designate the people of the valley. (Jafaery, 1981). From this we can conclude that, it was the time when this adjective of Sindhi was also employed for the language spoken in this area.