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CONTENTS
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by India to date
3. Part – II: Salients of Kishangana Project and 12-19
Indo-Pak Stance
4. Part – III : Socio-Pol and Eco Eff of 20-21
Kishanganga Proj
5. Part – IV: Concls & Recommendations 22-25
6. Concl 25
7. Anx A: Indus Basin Water Treaty 26-31
8. Anx B: Specs of Kishanganga Proj 32
9. Anx P: Alignment of Neelum River vis-à-vis 33
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Intro
1. Water sharing has become a complex and a delicate issue, it is
particularly so in the context of the scarcity of fresh water and it’s ever inc
demand. Despite the presence of a just and intl accepted water distr mech,
sharing of common waters is emerging as a source of conflict b/w the states.
Normally upper riparian states exploit their posn vis-à-vis lower riparian states
and violate the treaties on one pretext or the other. These water based disputes
need serious attn and sincere handling both by the concerned states and the intl
community. Otherwise, same are liable to bring regional instability and spoil inter
state relations.
2. Numerous interim agreements / accords were signed in the pd b/w 1948
and 1960. However, the final treaty concl the long outstanding issue b/w the two
arch rivals was mutually resolved by signing of IWT. The partition of the
subcontinent brought a precarious division of the Indus Basin, placing the upper
reaches of all the rivers with India. This resulted into a water dispute b / w India
and Pakistan as early as 1948, when India stopped irrigation waters in every
irrigation canal which crossed the Indo-Pakistan bdry affecting 1.6 million acres
of irrigated land in Pakistan.
3. Indus Basin Treaty (IWT) was put in place in 1960 under the guidance of
World Bank (WB) to resolve the water disputes b/w India and Pakistan, which
had arisen soon after partition. Despite the fact that the Treaty is in eff for the last
46 yrs, but numerous water disputes b/w India and Pakistan are indicative of the
fact that India is not fol the treaty in true letter and spirit. Indus Basin Water
Treaty gives Pakistan an excl rt over western rivers, but since long India is busy
in dev various projs over these rivers which are in total violation of IWT.
4. Turning a blind eye to the objns raised by Pakistan against the existing
controversial projs like Salal, Baglihar and Wullar barrage over the Western
Rivers, lately India has embk upon another adventure in the form of Kishanganga
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River diversion proj over Neelum River Kishanganga proj besides having
numerous socio-pol implications for Pakistan; will also affect the power
generation capacity of Neelum Jhelum Hydro Power Proj commonly known as
NJHP which is planned over Neelum River near Muzzafarabad. Hence, there is a
req to study the proj in detail with a view to suggesting a viable future COA.
Aim
4. To study Kishanganga River Diversion Proj in the context of IWT and its
socio-pol and eco impact on Pakistan with a view to suggesting a viable future
COA.
Scope
5. The paper covers fol aspects of the issue:-
a. Indus Basin Water Treaty (IWT) and its violation by India to date.
b. Salients of Kishanganga River Diversion Proj and Indo-Pak stance
on the issue.
c. Socio-Pol and eco eff of Kishanganga River Diversion Proj.
d. Maj concl and Recommandations.
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PART- I
INDUS BASIN WATER TREATY AND ITS VIOLATIONS BY INDIA
TO DATE
6. Pakistan is one of the few ctys whose sfc water resources entirely depend
on one river sys. The Indus River System serves the world’s largest
contiguous irrigation network. The sys comprises six maj rivers,
namely, the Indus, Jhelum, Chenab, Ravi, Beas and Sutlej. These
all rivers are shared by India and Pakistan. The important terms
frequently ref in the study are defined as under:-
a. Dam. A structure built across a stream or river to retain water. Its
purposes are to meet demands for water for human consumption,
irrigation, or industry; to reduce peak disch of floodwater; to inc aval
water stored for generating hydro-elec power; or to inc the depth of
water in a river so as to improve nav. An incidental purpose can be
to provide a lake for recreation.
b. Spillways. An aux structure which allows the water over and
above the retaining power of dam to spill over it w/o damaging the
structure of dam. A spillway provides a way for excess flood water
flowing into a reservoir to be diverted around the dam.
c. Coffer Dam. A temp dam const, on upstream and downstream of
const site of actual dam, to divert river water into diversion tunnel.
This tech enables complete removal of water from the foundation
and excavate down to a clean, solid base of bedrock, facilitating
const of dam.
d. Diversion Tunnel. A tunnel const to divert the flow of water from
a place upstream of Coffer Dam to a loc downstream from the dam
site.
e. Live Storage. The qty of water aval in a reservoir that can be
utilized for the purpose of water reg.
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was concl in the form of treaty commonly known as “The Indus Water Treaty
1960.
9. The treaty divides the rivers into two cats for alloc to both the ctys. The
description of both cats is as fol:-
a. Western River
(1) River Indus. The mighty Indus has its origin in Tibet. After
meandering through the gorges in Ladakh, it enters Pakistan
opposite Kargil. On transfrontier side there is no maj
hydraulic structure on the river. Water structures on
cisfrontier side are Warsak dam over River Kabul, Terbela
dam, Jinah Barrage, Chashma Barrage, Taunsa, Guddu
Sukkar and lastly Kotri Barrage.
(2) River Jhelum. It originates from a deep spring at
Vernag, about 80 kms south east of Srinagar. It meanders
for about 130 kms north westwards upto Wullar Lake and
then flows westwards emerging from the lake near Sopor.
After its confluence with River Kishanganga (Neelum) near
Muzaffarabad it changes its course of flow to southwardly dir
to join the Chenab River near Trimmu. The total length of the
river is about 725 km. Indians are planning to const a
barrage on this river at Wullar. Kishanganga storage cum
divergent proj is also being const on River Neelum, one of its
tributary, at Kanzalwan.
(3) River Chenab. It is the third longest channel of Indus
Basin River Sys. It has almost its entire catchment area in
Indian Held Jammu and Kashmir south of Pir Panjal. It is 847
miles in length, with max recorded flow at Marala as 1.1
million cusecs in 1926. River span is 1200-3000 ms during
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b. Eastern River
(1) River Ravi. Its length is 658 miles with total catchment
area of 4860 sq miles. The max-recorded flows at Madhopur
and Jassar are 9.2 and 6.8 lac cusecs respectively. Maj
hydraulic structures on this river are: -
(a) Chamera Hydropower proj - 90000 AF
(b) Ranjit Saghar Dam (Thein) - 1.9 MAF
(c) Shahpur Kundi Dam - 1300 AF (Planned)
(d) Madhupur HWs - 8000 AF
(Diversion 22800 cusecs)
(2) River Sutlej. It originates from Tibet, it first enters Pakistan
near Sehjra salient then flow back to India and again enters
Pakistan down stream of Hussainiwala HWs. Width of the
river is 100-200 ms in winters and inc upto 900-1000 ms in
summers. Maj hydraulic structures on this river are:-
(a) Bhakara - 583000 AF
(b) Nangal - 350000 AF
(c) Ruper - 350000 AF
(d) Harike - 650000 AF
(e) Hussaniwala - 350000 AF
(3) River Beas. River Beas is the shortest river of the Indus
Basin (467 kms). It originates from Pirpanjal Range. Its
catchment area lies in the South East of the Western
Himalayas adjoining that of River Ravi. It carries more water
than River Ravi because of its comparatively large
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a. River Chenab
(1) Salal Hydro - Elec Proj. The proj is loc 45 miles upstream
of Marala. With low lvl under sluices, India had acquired the
cap to reg the water of Chenab River and thus degrades the
def canals of Pakistan. Both the ctys were able to resolve
the controversy through negotiations in 1978. However,
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some of the sluices have been plugged with steel plates that
can be mal-op by India.
(2) Baglihar Hydro - Elec Proj. Baglihar Hydro-elect Proj, loc
80 Km upstream of Salal Hydro-Elect Proj, is a run-of-river
hydro-elect plant. Pakistan has objected to the design of
spillway that embodies under-sluice type gated-spillway.
The presence of these under-sluices might cause a shortage
of inflows at Marala HW for about 30 days during lean
months on mal-op of dam by India. The issue is under
resolution at the lvl of Permanent Indus Commission through
neutral expert.
(3) Dul-Hasti Hydro - Elec Proj. Dul Hasti hydro-elect proj
envisages the const of concrete gravity dam upstream of
Baglihar hydro-elec proj. The const of this proj was started in
1991. Presently, the work on powerhouse and tunnel is
under progress. Comparing with the Salal and Baglihar
hydro-elec projs, the effs of this proj on Pakistan are
negligible. However, to discourage India from violating the
Treaty at will, Pakistan has objected to the design of the proj.
b. River Jhelum
(1) Wullar Barrage. Wullar Barrage proj was started by India
in 1985 w / o info Pakistan. The const of the barrage will give
India the cap to reg water in River Jhelum. It will also affect
Mangla Dam to some extent. The work on the proj was
suspended by India in 1987 after strong protest by Pakistan.
(2) Kishanganga Hydro - Elec Proj. The Kishanganga hydro-
elec proj would divert water of Neelum River to Wullar Lake
through a 22 Kms long tunnel. Pakistan has objected to
diversion of water from Neelum to Jhelum River. The Issue
is under resolution at Permanent Commissioner lvl.
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PART-II
SALIENTS OF KISHANGNAGA RIVER DIVERSION PROJ
AND INDO-PAK STANCE ON THE ISSUE
11. The Neelum River runs along the LOC and enters into the Jhelum near
Domail. Neelum River is called Kishanganga River by Indians. The Kishanganga
Proj envisages diversion of water from Neelum River to dam / power house to be
const on a nullah named Madhumati in Baramula dist Indian Held Kashmir (IHK).
The diverted water will then fall into Wullar Lake through Madhumati Nullah.
Thus, ultimately the water would fall back into the River Jhelum. This diversion
will change the course of River Neelum for around 100 Kms
11. Pakistan came to know in Nov 1988 about investigation work / const of a
tunnel by India on the River Neelum (Kishanganga) in occupied Jammu and
Kashmir. Pakistan lodged a strong protest and demanded info about the
proposed proj and insp of site as permissible under the Treaty. India, info
Pakistan that only investigation works were in hand which warrants no info to be
sup to Pakistan under the Treaty. As the contours of the proj took shape in 1994,
Pakistan drew the Indian attn towards the violations of the Indus Water Treaty
but Indian response was to deny the reports of const. It was during the meeting
of the two commissioners in May 2004, that Indians cfm that they had started
const on some components of the Proj. The proposed dam would be 880-ft high
concrete gravity dam with gated spillway having a storage capacity of 0.18 Million
AF (MAF). Its power house will be const near Bunkot in Indian held Kashmir.
Pakistan’s Stance
13. Pakistan is of the view that Kishanganga proj violates IWT. The details are
as fol:-
a. Article (III) of the treaty infers unrestd use of water of the
Western Rivers; the proj imposes the restriction on the use of the
water, as it materially affects the flow of water for more than 100
Kms.
b. According to article (IV) both the ctys had agreed that the
non-consumptive use made by any cty should not materially
change, on acct of such use, the flow in any channel to the
prejudice of the uses on that channel by the other Party. This proj
will reduce the flow of water in Neelum River by 27%, this reduction
in flow will have fol effs:-
(1) It will reduce the NJHP’s power production capacity at
least by 10%, (100 MW).
(2) It will affect the envmt of the valley, as the tidal wave
action of the flow will considerably reduce, thereby affecting
the forests.
c. As per article (V) of the treaty, India was obliged to info
Pakistan about her plan of undertaking the Kishanganga proj before
the start of the work on the proj, but she did not do so.
d. Apart from that Pakistan has also objected on the design of
the dam, it is est that the dam’s storage would be in excess of
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permissible limit of 100, 000 acre ft, the limit allowed in Anx D of the
treaty.
a. Objn – 1
(1) Objn. The proj contravenes the provisions of para 10 of Anx
E to the treaty which signifies that any storage work to be
const on a tributary of the Jhelum on which Pakistan has any
agricultural use or hydro elec use shall be so designed and
op as not to adversely affect the then existing agricultural
use or hydro elec use on that tributary.
b. Objn - 2
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c. Objn – 3
(1) Para 11(a) of Anx E
(a) Objn. The storage works shall not be capable of
raising artificially the water lvl in the reservoir higher
than the designed full reservoir lvl except to the
extend nec for flood storage, if any, specified in the
design.
(b) Justification. 4m freeboard has been provided
in the dam. NESPAK has calculated that 1.5 m
freeboard would be sufficient. This addl 2.5 m
freeboard is capable of artificially raising the reservoir
capacity upto 20 M cum, which is 11.5% of the
proposed storage capacity of 173.75 M cum.
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(a) Objn. The vol b / w full reservoir lvl and the dead
storage lvl of any reservoir shall not exceed the
conservation storage capacity specified in the design.
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India’s Stance
15. The Indian stance on the legality of the proj is that India is allowed to
utilize the water of western rivers for power production under article (III) and Anx
D of IWT. The reasons enunciated are as under:-
a. Kishanganga proj though envisages diversion of some qty of
water from Neelum River through a tunnel into Madhumati Nullah,
but ultimately, this water will fall into Wullar Lake, from there the
water will go into Jhelum River. There is no net loss of water to
Pakistan, hence the proj is legal.
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16. So far four rounds of talks have taken place b / w the two ctys on this proj.
Latest round of talks were held in May 08. Though the Indian auths have agreed
to modify the design of this proj but issue still remains unsettled. Because it fails
to address Pakistan’s concern regarding effs of the proj over Neelam-Jhelum
Power Proj at which Pakistan have already spent around a billion rupees.
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PART-III
SOCIO- POL AND ECO EFFS OF KISHANGANGA RIVER
DIVERSION PROJ
c. Socio-Pol Effs
(1) Kashmir Issue. One of the dimensions of Kashmir issue
is linked to water. Western rivers on which Pakistan have
excl rt originate from IHK. Moreover, India is creating
interdependency b / w Kashmir and her other states by
providing power produced through these controversial projs
to other states which will obstruct the resolution of Kashmir
issue in the long run.
(2) Wining of Hearts and Minds of People. Dev of these
power generation projs in Occupied Kashmir by India will
certainly benefit the inhabitants of area. This will indeed form
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PART - IV
CONCLS AND RECOMMENDATIONS
Important Concls
19. Important concls which can be drawn from this study are: -
a. Violation of IWT by India. By diverting the water from
Neelum River and changing the course of that diverted water for
about 100 Kms, India is in violation of articles (III), (IV) and Sec 15
(3) of Pt 3 of Anx D of IWT. Moreover, India has also violated article
(V) by not info Pakistan about her plans of const the proj.
b. Water Based Conflicts Resolution Methodology. Indus
Water Treaty has the provision to settle the controversial disputes
like Kishanganga Proj through a neutral expert or court of
arbitration under arrangements of the World Bank, if the same can
not be settled bilaterally.
c. Pol Effs. Some of the concls related to pol effs are:-
(1) India is dev Kishanganga Proj like many other proj over
western rivers for providing elec to her states other than IHK
as well. By doing this India is creating interdependency b / w
IHK and the other states which is detrimental to resolution of
Kashmir issue.
(2) India has initiated a campaign for winning hearts and minds
of Kashmiris through the dev of hydropower projs in IHK and
portraying Pakistan’s objns to these controversial projs as an
effort to hinder the prosperity of Kashmiris.
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does not take the adv of the relevant clauses of IWT and exploit the
Neelum River while in her territory.
f. Monitoring Mechanism Over Western Rivers. In the
absence of any eff monitoring mechanism it is difficult to get the
timely info regarding any Indian adventure over western rivers,
which results in our belated response.
Recommendations
20. Some of the recommendations are as fol:-
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d. Keep the Issues Alive. With the passage of time, these water
disputes if not pursued actively by Pakistan, will become stagnant
and irreversible, which will benefit India. It is in the interest of
Pakistan to keep diplomatic pressure on India for keeping these
issues alive.
e. Pol Aspects. Fol steps are recommended to offset the pol
effs of the proj:-
(1) Winning World Sp. There is a need to highlt the
india’s intention of creating interdependence b / w IHK and
other Indian states through these projs, to the intl
community. Thus, diplomatic pressure can be applied on
India by convincing intl community that these projs, besides
violating Indus Water Treaty are also having serious pol
repercussions which are detrimental to the ongoing peace
process.
(2) Ctr Propaganda Measures. Pakistan should
launch a two pronged propaganda campaign as fol:-
(a) 1st Prong. This prong dir at the
population of IHK with the theme that India is exploiting
the J&K power potential for the benefit of neighboring
states instead of the dev of peoples of IHK.
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Anx - A
Article II
Provisions Regarding Eastern Rivers
All the waters of the Eastern Rivers shall be available for the unrestricted use
of India, except as otherwise expressly provided in this Article.
Except for Domestic Use and Non-Consumptive Use, Pakistan shall be under
an obligation to let flow, and shall not permit any interference with, the waters
of the Sutlej Main and the Ravi Main in the reaches where these rivers flow in
Pakistan and have not yet finally crossed into Pakistan. The points of final
crossing are the following: (a) near the new Hasta Bund upstream of
Suleimanke in the case of the Sutlej Main, and (b) about one and a half miles
upstream of the syphon for the B-D Link in the case of the Ravi Main.
All the waters, while flowing in Pakistan, of any Tributary which, in its natural
course, joins the Sutlej Main or the Ravi Main after these rivers have finally
crossed into Pakistan shall be available for the unrestricted use of Pakistan:
Provided however that this provision shall not be construed as giving Pakistan
any claim or right to any releases by India in any such Tributary.
There shall be a Transition Period during which India shall (i) limit its
withdrawals for Agricultural Use, (ii) limit abstractions for storages, and (iii)
make deliveries to Pakistan from the Eastern Rivers.
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The Transition Period shall begin on 1st April 1960 and it shall end on 31st
March 1970, or, if extended under the provisions of Part 8 of Annexure H, on
the date up to which it has been extended. In any event, whether the
Transition Period shall end not later than 31st March 1973.
During the Transition Period, Pakistan shall receive for unrestricted use the
waters of the Eastern Rivers which are to be released by India in accordance
with the provisions of Annexure H. After the end of the Transition Period,
Pakistan shall have no claim or right to releases by India of any of the waters
of the Eastern Rivers. In case there are any releases, Pakistan shall enjoy the
unrestricted use of the waters so released after they have finally crossed into
Pakistan: Provided that in the event that Pakistan makes any use of these
waters, Pakistan shall not acquire any right whatsoever, by prescription or
otherwise, to a continuance of such releases or such use.
Article III
Provision Regarding Western Rivers
Pakistan shall receive for unrestricted use all those waters of the Western
Rivers which India is under obligation to let flow under the provisions of
Paragraph (2).
India shall be under an obligation to let flow all the waters of the Western
Rivers, and shall not permit any interference with these waters, except for the
following uses, restricted in the case of each of the rivers, The Indus, The
Jhelum and The Chenab, to the drainage basin thereof: (a) Domestic Use; (b)
Non-Consumptive Use; (c) Agricultural Use, as set out in Annexure C; and (d)
Generation of hydro-electric power, as set out in Annexure D.
Pakistan shall have the unrestricted use of all waters originating from sources
other than the Eastern Rivers which are delivered by Pakistan into The Ravi
or The Sutlej, and India shall not make use of these waters.
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Except as provided in Annexure D and E, India shall not store any water of, or
construct any storage works on, the Western Rivers.
Article IV
Provisions Regarding Eastern Rivers and Western Rivers
Pakistan shall use its best endeavours to construct and bring into operation
with due regard to expedition and economy, that part of a system of work
which will accomplish the replacement, from the Western Rivers and other
sources, of water supplies for irrigation canals in Pakistan which, on 15th
August 1947, were dependent on water supplies from the Eastern Rivers.
Each Party agrees that any Non-Consumptive Use made by it shall be made
as not to materially change, on account of such use, the flow in any channel
to the prejudice of the uses on that channel by the other Party under the
provisions of this Treaty.
Pakistan shall maintain in good order its portions of the drainages mentioned
below with capacities not less than the capacities as on the Effective Date: (i)
Hudiara Drain, (ii) Kasur Nala, (iii) Salimshah Drain, and (iv) Fazilka Drain.
Each Party will use its best endeavours to maintain the natural channels of
the Rivers, as on the Effective Date, in such condition as will avoid, as far as
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Neither Party will take any action which would have the effect of diverting the
Ravi Main between Madhopur and Lahore, or the Sutlej Main between Harike
and Suleimanke, from its natural channel between high banks.
The use of the natural channels of the Rivers for the discharge of flood or
other excess waters shall be free and not subject to limitation by either Party,
or neither Party shall have any claim against the other in respect of any
damage caused by such use. Each Party agrees to communicate to the other
Party, as far in advance as practicable, any information it may have in regard
to such extraordinary discharges of water from reservoirs and flood flows as
may affect the other Party.
Each Party declares its intention to operate its storage dams, barrages and
irrigation canals in such manner, consistent with the normal operations of its
hydraulic systems, as to avoid, as far as feasible, material damage to the
other Party.
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Article VI
Exch of Data
The following data with respect to the flow in and utilization of the waters of,
the Rivers shall be exchanged regularly between the Parties: (a) Daily gauge
and discharge data relating to flow of the Rivers at all observation sites. (b)
Daily extractions for or releases from reservoirs. (c) Daily withdrawals at the
heads of all canals operated by government or by a government agency,
including link canals. (d) Daily escapages from all canals, including link
canals. (e) Daily deliveries from link canals.
Article VII
Future Co-operation
The two Parties recognize that they have a common interest in the optimum
development of the Rivers, and, to that end, they declare their intention to co-
operate, by mutual agreement, to the fullest possible extent.
Article IX
Settlement of Differences and Disputes
Any question which arises between the Parties concerning the interpretation
or application of this Treaty or the existence of any fact which, if established,
might constitute a breach of this Treaty shall first be examined by the
Commission, which will endeavour to resolve the question by agreement.
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Anx B
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Tunnel = 22 km Long
Neelum or
Kishanganga River
Madhumati Nullah
LOC
Jhelum River
Muzzaffarabad
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Anx Q
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BIBLIOGRAPHY
1. http://wrmin.nic.in/, the official site of Indian Ministry of Water Resources.
2. http://www.pakissan.com/english/watercrisis/kishanganga.dam.shtml
3. Strategy for dev, conservation and utilization of water resources of
Pakistan, prep by Pakistan Council of Research in water resources.
4. www. galaxy science health and environment. com.
5. Indian energy sec. http://static.teriin.org/energy
6. 330 MW Kishanganga Hydropower Proj: Pakistan to make a last ditch
effort by Khalid Mustafa Daily Times Friday, November 04, 2005
http://www.dailytimes.com.pk
7. Kishanganga Dam — another set of failed water talks By Aamir Kabir
http://www.pakissan.com/english/watercrisis/index.shtml
8. Neelum-Jhelum hydel proj By Engr Akram Khan Dawn, 10 Jan, 2005
http://servedby.advertising.com/click/site=8481/bnum=83208017
9. http://www.nhpcindia.com/english/KISHANGANGA.htm.
http://www.tribuneindia.com/2004/20040427/biz.htm
10. India-Pakistan Dialogue Under Congress Govt by Fahmida Ashraf
http://www.pakissan.com/english/index.htm
11. Indus Waters Treaty 1960 http://www.waterinfo.net.pk/abtwg.htm
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