On September 23, the Court of Arbitration constituted under the Indus Waters Treaty 1960 in respect of the Indus Waters Kishenganga Arbitration, between the Islamic Republic of Pakistan and the Republic of India, issued its Order on the Interim Measures Application of Pakistan dated June 6, 2011.
The two questions identified by Pakistan as being at the centre of the dispute are:
a. Whether India’s proposed diversion of the river Kishenganga (Neelum) into another Tributary, i.e. the Bonar Madmati Nallah, being one central element of the Kishenganga Project, breaches India’s legal obligations owed to Pakistan under the Treaty, as interpreted and applied in accordance with international law, including India’s obligations under Article III(2) (let flow all the waters of the Western rivers and not permit any interference with those waters) and Article IV(6) (maintenance of natural channels)?
b. Whether under the Treaty, India may deplete or bring the reservoir level of a run-of-river Plant below Dead Storage Level (DSL) in any circumstances except in the case of an unforeseen emergency?
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