In its newest Procedural Order No 16, dated November 8, the CoA has accepted Pakistan's ‘well timed' new request for ‘clarifications' looking for ‘certainty' over interpretation and software of the treaty as regards to run of river HEPs in India.
India, by the way, has termed the courtroom itself as “unlawful” – a place it had taken since 2022-23. It additionally didn't take part in any of the current CoA proceedings which have led to the November 8 order.
The CoA order, nevertheless, has taken on board a number of of Pakistan's considerations. One, the CoA has held that its decision-making scope is just not restricted to the ‘freeboard' of the HEP however ‘lengthen to all parts' of run of river HEPs that ‘India might assemble on western rivers'- increasing its ambit.
Freeboard in a HEP refers to is the vertical distance between the highest of the dam and the floor of the water within the reservoir.
Two, it has held that IWT scope additionally prohibits any design that might enable on the outset and even via future modification/alterations – mechanisms for ‘elevating artificially the water degree within the Working pool' above specified pondage degree.Three, the CoA has dominated that references on HEP design are ‘obligatory' on the time India is designing a HEP. These, nevertheless, are distinct from operational constraints that might are available in after commissioning of a mission, the CoA has held.Within the latter case, easy acknowledgment or dedication to ‘operational restraint' is not going to suffice, it has underlined.
It has additionally held that the record of knowledge and information required in its Award for India to convey to Pakistan is ‘indicative' and ‘not complete' in relation to most pondage.
Nevertheless, the CoA has declined three of Pakistan's clarification – on prohibition of crest gated and ungated spillways- passage methods for surplus water. It has additionally denied clarification on how India is to find out put in capability and anticipated load of HEPs.
