Pakistan wins key procedural step in water dispute with India

ISLAMABAD, Pakistan (MNTV) — Pakistan has secured a significant procedural victory in its long-running water dispute with India under the Indus Waters Treaty, after the Neutral Expert appointed under the World Bank framework allowed Pakistan to share India’s technical project data with the Court of Arbitration examining the case.

The development relates to the contentious Kishanganga and Ratle hydropower projects that India is building on rivers allocated to Pakistan under the 1960 Indus Waters Treaty (IWT). Pakistan argues that the design of these projects violates treaty provisions governing water storage and river flow.

In a recent ruling, the Neutral Expert — appointed under the treaty’s dispute resolution mechanism — permitted Pakistan to submit confidential technical documents provided earlier by India in Neutral Expert proceedings to the Hague-based Court of Arbitration. Pakistani officials say the decision strengthens their legal case before the arbitration tribunal.

Islamabad considers the decision an important step forward in its challenge to the Indian projects.

“This allows Pakistan to present critical technical evidence before the Court of Arbitration,” officials familiar with the proceedings said, adding that the move could influence the tribunal’s final ruling expected in the coming months.

Background of the dispute

The disagreement centers on two Indian hydropower projects: the 330-megawatt Kishanganga project in Jammu and Kashmir and the 850-megawatt Ratle project on the Chenab River.

Pakistan contends that certain design elements — particularly pondage capacity and drawdown mechanisms — allow India to manipulate river flows beyond what is permitted under the treaty. Islamabad says such control could reduce downstream water availability in Pakistan, especially during critical agricultural seasons.

India rejects the allegations and maintains that both projects comply with the treaty’s technical specifications for run-of-the-river hydropower plants.

The Indus Waters Treaty, brokered by the World Bank in 1960 between India and Pakistan, is widely regarded as one of the most durable water-sharing agreements in the world. It allocates the three eastern rivers — Ravi, Beas and Sutlej — to India, while granting Pakistan rights over the western rivers — Indus, Jhelum and Chenab.

However, the treaty allows India limited use of western river waters for hydropower generation, subject to strict engineering conditions intended to prevent upstream control over water flows.

Parallel dispute mechanisms

The current legal dispute has become unusually complex because two separate mechanisms under the treaty are operating simultaneously.

Pakistan initiated proceedings before a Court of Arbitration in 2016 to examine whether the design of the Kishanganga and Ratle projects violates treaty provisions.

India objected to the arbitration process and instead sought the appointment of a Neutral Expert to examine technical issues. New Delhi argues that the dispute concerns engineering questions rather than treaty interpretation and should therefore be handled by a Neutral Expert rather than an arbitration tribunal.

As a result, two parallel processes emerged — one led by the Neutral Expert and the other by the Court of Arbitration.

India has boycotted the arbitration proceedings, calling the tribunal “illegally constituted,” while Pakistan has continued to participate in both processes.

In 2023, the Court of Arbitration declared itself competent to hear the case, rejecting India’s objections and ruling that the treaty does not allow one party to unilaterally suspend dispute resolution procedures.

Importance of the new ruling

The latest decision by the Neutral Expert addresses a procedural issue: whether Pakistan could use documents shared by India during Neutral Expert proceedings in its submissions to the Court of Arbitration.

These documents include engineering details of the Kishanganga and Ratle projects, as well as hydrological data related to reservoir design and river flow management.

The Neutral Expert ruled that Pakistan may disclose the documents to the arbitration tribunal while maintaining confidentiality protections within the court process.

Legal analysts say the decision could strengthen Pakistan’s evidentiary record in the arbitration case.

“This allows Pakistan to place technical material before the tribunal that may help clarify whether the projects comply with treaty rules,” said a South Asian water policy expert familiar with the proceedings.

India had previously objected to any transfer of documents to the arbitration court, arguing that the tribunal itself lacks legitimacy.

Final ruling expected soon

The Court of Arbitration has reportedly completed oral hearings and is expected to deliver its final award later this year.

The ruling will address the “pondage” issue — a technical term referring to the amount of water a hydropower plant can store temporarily for electricity generation.

Pakistan argues that India’s proposed storage capacity exceeds treaty limits and could allow it to control river flows.

India maintains that the projects are fully compliant with treaty guidelines and that Pakistan’s concerns are politically motivated.

Diplomatic tensions rising

The dispute has increasingly spilled into diplomatic forums. Pakistan has raised the issue at international platforms, including the United Nations Security Council, accusing India of attempting to “weaponize water.” India strongly rejects the allegation.

New Delhi has also announced that it has placed the treaty in “abeyance,” citing what it calls Pakistan’s obstruction of treaty procedures — a move Islamabad says has no legal basis under the agreement.

Despite recurring political tensions between the two nuclear-armed neighbors, the Indus Waters Treaty has survived wars, crises, and diplomatic breakdowns for more than six decades.

Water experts say the outcome of the current arbitration case could set an important precedent for how future disputes under the treaty are handled.

For Pakistan, the Neutral Expert’s latest decision is being framed as an important procedural win that allows it to fully present its case before the arbitration tribunal.

Whether that translates into a substantive victory will become clear when the court delivers its final ruling in the months ahead.