THE ISSUE OF DISTRIBUTION OF WATER OF INDUS RIVER AND ITS TRIBUTARIES

The international convention and law allow reparian right over the waters of the rivers to all these countries which they pass. Indus River and its tributaries Chenab, Jehlum, Ravi, Satlaj and Biyas originate in the present Bharat territory, through Pakistan's area and fall into the Sea. (A) In 1901, the government of India appointed an India Irrigation Commission to see to it that Punjab does not take water from these rivers without the prior permission of Sindh, Sindh then was a part of Bombay presidency.(B) This arrangement was reaffirmed in the Government of India Act, 1919 whereby no provincial government could draw waters from any river without the prior permission of the Central Government of India. (C) The question of distribution of Indus River waters and its tributaries was very old. But the strong differences arose only in 1919. On account of that the Bombay government and Punjab government were at loggerheads. The details of this dispute can be had from the correspondence of second June, 1927 addressed by the government of Sindh to the Secretary of State for India. Some extracts from this correspondence are being given below to facilitate the reader to understand the background of this dispute. (D) Indian Cotton Committee report was published in 1919. The members of that committee had great interest in the cotton cultivation of Sindh, as it served the interests the Manchester of Bombay and Manchester of Bombay textile mill owners. In that report it was specially mentioned that Punjab government should undertake no new project, till the construction of Sukkur barrage had not been completed and Sindh's water requirements had been met. (E) In August 1919 Bombay government, with which Sindh government was attached, wrote to Indian government that whatever the projects prepared by Punjab government will naturally affect the water quantum passing from Indus river. Therefore, the Bombay government should be given the list of projects intended by Punjab Government. (F) In September, 1919 Punjab government prepared a scheme for constructing Thul project and wrote to Indian government asking them that the project should be given preference over Sukkur barrage. According to that scheme Punjab agriculturists were to be provided irrigation water for 17 lakhs acres. (G) Lord Chelmsford, the then Governor General of India rejected the request for that project, because on account of that project, inferior type of land was to be irrigated and more over they were expecting the sanction of Sukkur and Satlaj valley projects from the Secretary of State for India. According to the Governor General these two projects were more preferable, profitable than to the Thal area. (H) A few months later, Punjab government submitted to government of India the amended Thul project. Before starting the Satlaj valley project, they asked for the Thul and Havaily projects to be sanctioned. The government of India did not give the required sanction. On the contrary it told the Punjab government to send necessary survey record and other data collected so as to assess its adverse effects on the Sukkur barrage. So that they should know that those schemes may not affect adversely the Sukkur barrage. (I) In April, 1923, the Secretary of State finally sanctioned the scheme of Sukkur Barrage. The Punjab government took objection and wanted to know the reasons for such preference. The duties fixed for the water by Bombay government for Sukkur barrage were also objected to. But the Bombay government replied, that Punjab had already taken water from Indus and its tributaries and all canals in Punjab were perennial whereas in Sindh, not a single project had been started. On that occasion the Bombay government objected to the construction of Thal Project also, because, they said that on account of its construction, Sindh's agriculture will be greatly affected. (J) Government of India, on the objection of Bombay and Punjab governments, considered the question de novo of fixation of duties of water on Sukkur barrage. Since the time of last sanction had reached, the announcement of Government of India on 21st August, 1923, announced its decision and said that Sindhi had every right to construct Sukkur barrage and other barrages. Therefore it was necessary to give a guarantee to Sindhi about that. The announcement further laid down that the duties fixed for the irrigation of Sukkur barrage had been fixed after thorough consideration, because in Sindh there was less rainfall and little underground water. Government of India also categorically informed the government of Punjab that this question should not be re-opened again. In that announcement it was also mentioned that in future Sindh and Punjab projects will not be undertaken without the other party's information and concept. (K) After that decision for 15 months, there seems to be no controversy and quarrels between Punjab government and Sindh government. (L) Punjab government again in November, 1924 in order to establish their right over Indus river water and its tributaries started the question of Thall Project. As on experiment, they proposed for the construction of a small canal which would take only 750 Cusics of water. Under the advice of the Indian Government Bombay government was considering its option, when the Punjab Government immediately changed their proposal in September, 1925 and renewed their proposal for full sanction of the That project and informed the central government that they were going a head with their original plan. In the next month, the Indian Government sanctioned the small Thall project, according to which 8,80,000 acres were to be irrigated and in the winter season, they were allocated 2,085 Cusics of water from Indus river. That quarrel continued, when in February, 1926, Lord Readding, the then Governor General of India on the basis of equity decided in favor of Bombay Government's stand and gave the following decision: i) So long Sukkur Barrage's scheme is not completed and doesn't start running in future and as long as the complete information about total and permanent requirement of Sindh are not ascertained, water for that Scheme can not and shall not be sanctioned. ii) Whereas Satlaj valley canals, water requirements were not known, the Bombay government had the right to object on obtaining more water by Punjab. So long, it was not proved that on account of that there was possibility of scarcity of water for Sukkur barrage, the allocation of more water to Punjab was out of question. iii) The question of new allocation would be taken up after Sir Thomas Lords has given his report about the quantum of the water of Indus river and tributaries by December, 1929.(M) Inspite of these facts, Punjab government continued raising objections. Frustrated the government of India referred the matter to the Secretary of State for India, who informed the Indian government that the Punjab government be told that "the request cannot be considered at present". (N) From that it is apparent, that from the very beginning, Punjab Government was not prepared to give to Sindh, even ordinary water arrangement. When the British government sent the above categorical refusal, only then did Punjab, kept quiet. THE YEAR 1935 AND AFTER. In 1935 Sukkur barrage and Satlaj valley projects were completed and started irrigating the lands. In the meantime quarrels started between Bekanir, Bahawalpur and Punjab over riverian waters. Khairpur State also demanded more water for its Rabi crop and Punjab for Havelian project. For settling this dispute, the government of India appointed, Inderson Commission which consisted of representatives of all the provinces and princely states, so that the request of various parties be kept in view. The Inderson Committee on 19th September, 1936 sent the unanimous recommendations, which were accepted by the government of India and presented the limits of distribution of water for various projects. Though the committed did not suggest any terms about Thall project, the Punjab government was able to get from the Committee more water for Thall project. THE HISTORICAL RAO COMMISSION'S APPOINTMENT. The Punjab government was from time to time preparing more schemes and dams for acquiring Indus water from the rivers. Therefore Sindh government was compelled to request the government of India through Bombay government in 1939 which, according to Indian Act, 1935 forwarded this representation to Governor General in 1941 and demanded that till the final decision is made the Punjab government be asked not to prepare any more schemes. On this representation the Governor General on 11th September, in 1941 appointed a Commission under the Chairman-ship of Mr. B.N. Rai, Judge of the Calcutta High Court. Rao Commission decided that the Punjab government's proposed projects or future projects, will be harmful in the month of September to the interests of Sindh's agriculture and it was likely that Sindh was to suffer from these projects. The Commission also gave a decision that in order to settle this question, it was necessary that two new barrages should be constructed in Sindh, one in upper Sindh and one in lower Sindh. The Commission also stated that for the construction of these two barrages, money will be required, therefore as compensation, the Punjab Government should give two crores of rupees as aid to Sindh government. The Commission also decided the quantum of water required for these barrages. In the light of the recommendations of the Rao Commission, the Government of India appointed Mr. Grant and Rai Bahadur Khosla to give final shape to the recommendations in the form of agreement. The two gentlemen after the hard work of eighteen months drafted an agreement and sent it to the government. Both parties signed the agreement on 18th September. The government of Punjab accepted the terms of agreement officially on 13th October same year with a request to reduce the amount of aid to Sindh. The government of India gave sanction to the above agreement. While the negotiations for reduction in the compensation were going on the British rule ended partitioning India into independent countries of Bharat and Pakistan. Sindh became a part of the latter.