Pakistan Welcomes International Arbitration Ruling on Indus Waters Treaty

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Staff Reporter

ISLAMABAD: The government of Pakistan has expressed satisfaction over the decision of the International Arbitration Tribunal regarding the Indus Waters Treaty, calling it a validation of Pakistan’s position.

The government emphasized that India is obligated to provide Pakistan with sufficient information and clarification to allow proper review of compliance with the treaty.

In a statement, the government welcomed the tribunal’s May 15, 2026, subsidiary ruling on “maximum reservoir capacity” related to the Ratle and Kishanganga hydropower projects. Pakistan said the ruling confirms its core stance that the treaty imposes concrete limits on India’s ability to control water on the western rivers.

These limits are not merely formalities but apply at the planning and design stage, and cannot later be bypassed through operational assurances. The reservoir capacity of any run-of-the-river project must be justified based on genuine design needs, expected operational conditions, site-specific hydrological and hydraulic factors, power system requirements, and the information and clarifications required under the treaty.

The government highlighted that the subsidiary ruling builds on the tribunal’s August 8, 2025, “General Issues Award,” establishing that installed capacity and expected load must be realistic, robust, and defensible.

Installed capacity should reflect the project’s actual anticipated operation, hydrological and hydraulic data, and treaty requirements, while expected load must correspond to the genuine operational needs of the power system the project is designed to serve.

The tribunal clarified that India cannot justify increasing reservoir capacity through artificial assumptions of installed capacity, unrealistic load curves, fabricated packing assumptions, or verbal assurances under Paragraph 15. Paragraph 15 remains an operational constraint but cannot substitute for evidence-based justification. For any alternative operational methods, India must provide specific information and fundamental data.

The ruling strengthens Pakistan’s right to review compliance, requiring India to furnish sufficient information and clarification for treaty verification. Failure to do so would leave India unable to demonstrate that the proposed maximum reservoir capacity complies with Paragraph 8(c) of Annexure D.

The tribunal further clarified that where minimum flow obligations exist and are not otherwise met, they must be included in reservoir calculations for firm power. Paragraph 15 discharge conditions do not automatically fulfill such obligations.

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