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IWT ADHOC TRANSITION AGREEMENT: 1959

IWT ADHOC TRANSITION AGREEMENT: 1959
Agreement between the Government of India and the Government of Pakistan for Ad Hoc Transitional Arrangements for the period from April 1st, 1959 to March 31st, 1960.
WHEREAS representatives of India and of Pakistan, together with representatives of the International Bank, are engaged in the preparation of a comprehensive plan for the irrigation use of the waters of the Indus system of rivers, and
WHEREAS by agreements dated June 21st, 1955, October 31st, 1955 and September 24th, 1956, the Government of India and the Government of Pakistan agreed upon ad hoc transitional arrangements for the periods April 1st to September 30th, 1955; October 1st, 1955 to March 31st, 1956; and April 1st, 1956 to March 31st, 1957 respectively, and
WHEREAS it is considered desirable that ad hoc transitional arrangements should be made for the period April 1st, 1959 to March 31st, 1960,
NOW THEREFORE, the Government of India and the Government of Pakistan agree as follows:
A. For the Period April 1st to October 15th
1. Except as provided in paragraphs 2, 3 and 7 below, India agrees to limit withdrawals from river flow (for direct use in canals or for storage) in Indian territory, in each water accounting period specified in paragraphs 10 of this Agreement, to the equivalent of the following:
(a) 10,250 cusecs from April 1st to July 10th, 12,000 cusecs from July 11th to August 31st, 10,500 cusecs during September, and 10,000 cusecs from October 1st to 15th from the Sutlej, as at Rupar, plus
(b) 3,500 cusecs during April, 4,500 cusecs during May, 5,500 cusecs from June 1st to September 30th, and 5,100 cusecs from October 1st to 15th from the Sutlej and Beas combined, as at Ferozepore, provided that the withdrawal from the Beas component does not exceed 16% of that component (during the period October 1st to October 15th the Beas component shall be as corrected for gains and losses between Ferozepore and Islam), plus
(c) Any Ravi supplies (after having given effect to paragraph 9 of this Agreement) transferred to the Beas and received at Ferozepore.
2. In addition to the withdrawals that India would be entitled to make under paragraph 1 above, India may make further withdrawals equivalent to amounts related to Pakistan’s ability to replace. These amounts, by water-accounting periods, shall be the aggregate of (a) and (b) below limited to amounts related to the effective capacities of the link canals, such amounts being as defined under (c) below :-
(a) 80% of the equivalent (at Ferozepore) of any Ravi supplies escaped below Madhopur
(b) 80% of the gross amount, determined as below:
When the discharge at Merala is below the floor discharge shown in column 2 of the following Table, the gross amount, as at Ferozepore, shall be zero. When the discharge at Merala reaches or exceeds the ceiling discharge shown in column 3 of the Table the gross amount, as at Ferozepore shall be the amount shown in column 4 of the Table. For discharges at Merala between those shown in columns 2 and 3, the gross amount, as at Ferozepore, shall be the proportional intermediate amount.
(c) The limiting amount shall be 80% of the effective capacity shown in column 5 above.
(d) During October 1st to 15th India may make additional withdrawals, over and above those specified in paragraphs 1 and 2(a) above, of 400 cusecs, as at Ferozepore. If, during this period, river supplies in Pakistan are sufficiently good to permit the transfer of further additional amounts, Pakistan will cause such supplies to be transferred and will, through its Special Commissioner, notify the Indian Special Commissioner of the amounts which may be made available as additional replacement supplies.
3. In addition to the withdrawals that India would be entitled to make under paragraphs I and 2 above, India may make further withdrawals to the extent and in the circumstances specified below:
(a) When, in any water-accounting period, the supplies at Ferozepore below (including withdrawals by the Dipalpur Canal), plus the
TABLE
Period Floor Discharge At Merala Ceiling Discharge At Merala Gross Amount, as at Ferozepore Corresponding to the Ceiling Discharge Effective Capacity as at Ferozepore
(1) (2) (3) (4) (5)
……….……………………………..Cusecs……….……………………………..
April 1-10 11,100 16,800 4,300 8,600
11-20 9,800 20,200 8,600 9,700
21-30 10,000 23,300 11,900 11,900
May 1-10 15,700 30,100 13,000 13,000
11-20 17,700 32,100 13,000 13,000
21-31 19,500 34,100 13,000 13,000
June 1-10 16,500 30,900 13,000 13,000
11-20 19,800 34,300 13,000 13,000
21-30 19,200 33,500 13,000 13,000
July 1-10 17,700 31,900 13,000 13,000
11-20 19,700 34,400 13,000 13,000
21-31 18,200 32,500 13,000 13,000
Aug. 1-10 11,900 25,900 13,000 13,000
11-20 13,000 26,900 13,000 13,000
21-31 16,300 29,700 13,000 13,000
Sept. 1-10 18,000 32,000 12,000 12,000
11-20 18,700 33,000 12,000 12,000
21-30 20,200 34,000 12,000 12,000
amounts specified for India under paragraph 2 above, exceed the amounts set out below, India may withdraw the equivalent of 50% of the excess (provided that this quantity, viz. 50% of the excess, shall be reduced, but not below zero, by the equivalent at Ferozepore of the amounts, if any, stored during that period) and will allow the balance to escape below Ferozepore :
Period (Ferozepore Dates) Amount
April 1-10 7,000 cusecs
11-20 7,000 ”
21-30 8,000 ”
May 1-10 8,000 ”
11-20 11,000 ”
21-31 13,000 ”
June 1-10 16,000 ”
11-20 19,000 ”
21-30 26,000 ”
July 1 to August 31 30,000 ”
Sept. 1-10 28,000 ”
11-20 25,000 ”
21-30 19,000 ”
Oct. 1-10 13,000 ”
11-15 9,500
11-16 ”
(b) (i) When there is an escapage below Islam, India may withdraw amounts
equivalent to the amount of the escapage,
(ii) If, during a water-accounting period, the equivalent at Ferozepore of the actual delivery at the tail of the Balloki-Suleimanke Link is less than the effective capacity (column 5 of the Table under paragraph 2(b) ) and there is an escapage below Khanki or below Balloki not due to an operational emergency, India may withdraw additional amounts, limited to the unused effective capacity or to the equivalent of the escapage, whichever is less. If the escapage has been due to an operational emergency, Pakistan will take steps to discontinue the escapage as soon as the emergency is over.
(c) There shall be no restriction on Indian withdrawals when, during any water-accounting period, the aggregate or (i), (ii) and (iii) below exceeds 35,000 cusecs (without correction for gains and losses) between April 1 and August 31, 30,000 cusecs (without correction for gains and losses) in September and 25,000 cusecs (corrected for gain and losses between Ferozepore and Islam) during the first fifteen days of October :-
(i) The supply at Ferozepore below (including withdrawals by the Dipalpur Canal).
(ii) The equivalent (at Ferozepore) of any Ravi supplies escaped below Madhopur
(iii) Between April 1st and September 30th, the appropriate gross amount under paragraph 2(b) above, and, during the period October 1st to 15th, the amount under paragraph 2(d) above.
The aggregate of (ii) and (iii) shall be limited to the effective capacity shown in column 5 of the Table under paragraph 2(b) above.
B. For the Period October 16th to March 31st
4. Except as provided in paragraphs 5, 6 and 7 below, India agrees to limit canal withdrawals in Indian territory in each water-accounting period specified in paragraph 10 of this Agreement to the equivalent of the following:
(a) 10,000 cusecs from the Sutlej, as at Rupar, plus
(b) 3,500 cusecs during the last sixteen days of October and 2,720 cusecs thereafter from the Sutlej and Beas combined, as at Ferozepore, provided that the withdrawal from the Beas component corrected for gains and losses between Ferozepore and Islam does not exceed 21 % or that component, as so corrected, plus
(c) Any Ravi supplies (after having given effect to paragraph 9 of this Agreement) transferred to the Beas and received at Ferozepore.
5. In addition to the withdrawals that India would be entitled to make under paragraph 4 above, India may make further withdrawals equivalent to amounts related to Pakistan’s ability to replace. These amounts shall be such amounts, if any, as may be agreed upon between the Special Commissioners.
6. In addition to the withdrawals that India would be entitled to make under paragraphs 4 and 5 above, India may make further withdrawals to extent and in the circumstances specified below:
(a) When there is an escapage below Islam (except during the annual closure at Islam headwork) India may withdraw amounts equivalent to the amount of the escapage.
(b) There shall be no restriction on Indian withdrawals from the Sutlej and Beas when, during any water-accounting period specified in paragraph 10 of this Agreement, the supply at Ferozepore below, corrected for gains and losses between Ferozepore and Islam, including withdrawals or Dipalpur Canal, plus the amount8c specified in paragraph 5 above, exceeds 10,000 cusecs.
C. General
7. India may utilise the stored waters in any manner it likes.
8. The water-account required under paragraph 10 of this Agreement will, during the period April 1st to July 10th (Ferozepore dates), be prepared with due allowance for time-lag as set out in Annex I to this Agreement. During the period July 11th to March 31st such water-account will be prepared on the basis of identical dates at various points of river supply and withdrawals, without any allowance for time-lag. During the period April 1st to September 30th the corrections to be applied for gains and losses shall be as set out in Annex I to this Agreement. During the period October 1st to March 31st there shall be no allowance for gains or losses, except for those in the reach from Ferozepore to Islam. For this reach, the gains and losses shall be the actual gains and losses, calculated without any allowance for time lag.
If, at any time between the closure of the Suleimanke Barrage (about the middle of October) and December 25th any supplies are released below Suleimanke, the Special Commissioners will agree on an estimate of the gains which would have accrued in the reach from Suleimanke to Islam but for such release and these estimated gains will be used in the water-account instead of the actual gains or losses but not beyond December 25. This provision will not apply if the release is made when the supply reaching Suleimanke is in excess of 6,000 cusecs or when the supply reaching Islam falls below 350 cusecs, in which event the actual gains or losses will be adopted for purposes of the water-account.
9. India will continue to supply the existing withdrawals of C.B.D.C. as hitherto.
10. Each calendar month will be divided into three periods (1st to 10th, 11th to 20th and 21st to the end of the month) for the purposes of the water-account, except October, which will be divided into four- periods (1st to 10th, 11th to 15th, 16th to 20th and 21st to 31st). An attempt will be made to balance the water-account for each of the periods specified above but any excess or deficit in Indian withdrawals in any such period will be carried over to the next period for adjustment.
11. (1) The Governments of India and Pakistan will each nominate a Special Commissioner, who shall be charged with the responsibility of supervising, in India and in Pakistan respectively, the implementation of this Agreement. Each Government may, if it so desires, appoint a Deputy Special Commissioner to assist the Special Commissioner.
(2) The two Commissioners will consult with each other, on the request of either, and each Commissioner will furnish to the Commissioner of the other Government the data specified in Annex II to this Agreement. On the request of the Commissioner of the other Government, each Government will afford to the Commissioner of the other Government, or his Deputy, all reasonable access to the irrigation works concerned.
(3) In the event of any serious damage to irrigation works arising from causes beyond the control of the Government of Pakistan, which would have the effect of diminishing the supplies in the Balloki-Suleimanke Link, there shall be consultation between the Special Commissioners as to whether or not any modification should be made in the terms of paragraph 2 of this Agreement on account of such an emergency, and also with regard to the steps to be taken to restore the position to normal.
(4) In the event of any dispute arising with respect to the implementation of this Agreement, which cannot be resolved by discussion between the Special Commissioners, the matter will be referred, to the representatives of the two Governments (participating with the Inter-national Bank in the Indus Water Talks) either of whom may, if he considers it necessary, enlist the good offices of the International Bank.
12. This Agreement will be without prejudice to any rights or claims of either Government, and will imply no commitments other than those specified herein for the period covered by the Agreement.
13. This Agreement applies to the period April 1st, 1959 to March 31st, 1960. If, at any time during the currency of this Agreement, the Inter-national Bank should give notice to the two Governments of its withdrawal from the work of preparation of a comprehensive plan for the irrigation use of the waters of the Indus system of rivers, this Agreement shall cease to have effect as from a date three months after the date of the Bank’s withdrawal, or from 31st March 1960, whichever is earlier.
Done at Washington, D.C., this 17th day of April 1959, in three counterparts, of which one shall be retained by each of the parties to this Agreement and the third deposited in the archives of the International Bank for Reconstruction and Development.
FOR THE GOVERNMENT OF INDIA
Sd/- N.D. Gulhati
Additional Secretary
to the Government of India
Ministry of Irrigation and Power
FOR THE GOVERNMENT OF PAKISTAN
Sd/- Aziz Ahmed
Ambassador of Pakistan to the
United States of America.

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