- Court says pondage must be based on real operational, hydrological data.
- Installed capacity, anticipated load must be realistic, evidence-based
- India cannot justify higher pondage through assumptions.
ISLAMABAD: The Government of Pakistan has welcomed a new ruling from the Court of Arbitration under the Indus Waters Treaty (IWT), saying it reinforces key limitations on India’s use of Western Rivers and strengthens Pakistan’s legal position in ongoing hydropower disputes.
“The Government of Pakistan notes with utmost satisfaction the Court of Arbitration’s Supplemental Award Concerning Maximum Pondage, handed down on 15 May 2026, in the IWT proceedings arising from the Ratle Hydroelectric Plant and the Kishenganga Hydroelectric Project design disputes,” according to a statement.
The award, it said, was a testament to the country’s position that the treaty places substantive limits on India’s water-control capabilities and that these restrictions apply at the design and planning stage of hydropower projects.
“The Award affirms Pakistan’s central position that the Treaty places substantive limits on India’s water-control capability on the Western Rivers, and these limits are not formalities.
“They apply at the planning and design stage and cannot be satisfied merely by a later assurance of operational restraint.
“Pondage for a Run-of-River Plant must be justified by real project needs, actual expected operation, site hydrology, hydraulic conditions, power-system requirements, and the information and explanation required under the Treaty.”
Referring to earlier proceedings, the statement said the ruling follows an August 2025 decision and reinforces the requirement that installed capacity and projected power demand be grounded in realistic operational and technical assessments.
“Building on the Court’s General Issues Award of 8 August 2025, the Supplemental Award gives practical effect to the standard that installed capacity and anticipated load must be realistic, well-founded and defensible.
“Installed capacity must correspond to actual expected operation, hydrologic and hydraulic data, and Treaty requirements.
“Anticipated load must correspond to actual expected operation and to the projected needs of the power system the plant is intended to serve.”
The statement further says the ruling addresses concerns over what it described as attempts to justify increased water storage capacity without an adequate technical basis.
“This addresses a core Treaty concern. India cannot justify increased Pondage through imagined capacity, artificial load curves, unrealistic peaking assumptions, or bare assertions of compliance with Paragraph 15 release limits.
“Paragraph 15 remains an operational constraint, but it is not a substitute for an evidence-based justification of the water-control capacity sought, while any different operating pattern must be supported by specific information and underlying data produced by India.”
The government said the decision also strengthened Pakistan’s right to review project details and demand full disclosure under treaty obligations.
“The Award also strengthens Pakistan’s review rights. India must provide Pakistan with sufficient information and explanation to assess Treaty compliance.
“If India fails to do so, it fails to carry its burden of establishing that the proposed maximum Pondage satisfies Paragraph 8(c) of Annexure D.”
It added that minimum environmental flow requirements must also be factored into hydropower design calculations where applicable.
“The Court further confirmed that any applicable minimum-flow obligation must be taken into account in calculating Pondage required for Firm Power where such obligation exists and is not otherwise satisfied.
“Paragraph 15 release requirements do not automatically satisfy such an obligation.”
According to the statement, the Court’s rulings are binding and will be presented in other ongoing treaty mechanisms.
“Pakistan also notes the Court’s earlier holding that the awards of a Court of Arbitration are final and binding on the Parties and have otherwise controlling legal effect for subsequent Treaty bodies on relevant questions of Treaty interpretation.
“Pakistan will place these interpretations before the Neutral Expert process, consistent with Treaty procedures and applicable confidentiality arrangements.”
Reaffirming its broader policy stance, the government said Pakistan remains committed to the peaceful resolution of water disputes under the treaty framework.
“The country remains committed to the Indus Waters Treaty, its dispute-resolution procedures, and the peaceful settlement of water-related differences.
“Pakistan will continue to protect its rights under the IWT, and it will pursue every lawful and diplomatic means to ensure that hydroelectric projects on the Western Rivers are designed and operated strictly within Treaty limits.”
The statement concluded that the ruling “is a strategic consolidation of Pakistan’s Treaty position”, stressing that maximum pondage must be “realistic, evidence-based, hydrologically grounded, power-system justified, Treaty-compliant, and incapable of inflation through artificial assumptions.”
2026-05-18 01:04:00
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