Last February, the Court of Arbitration set up under the Indus Waters Treaty (IWT), 1960, had given an interim award on the Kishenganga dispute, allowing the diversion of waters from one tributary of the Jhelum to another. It has now given the final award indicating the extent of permissible diversion. In order to understand this fully, it is necessary to go back to the Baglihar arbitration because some of the issues that arose in that case find a sequel in the present one.
(Before getting into the subject at hand, let me say that I have serious reservations about the so-called run-of-the-river hydroelectric projects. However, setting aside my own concerns, I am writing this article strictly from the perspective of the IWT.)