Pakistan's Second Round of Assurances from the Court of Arbitration

Pakistan has received a second round of assurances from the Hague-based Court of Arbitration (CoA) concerning the Indus Water Treaty and hydropower project designs following its earlier actions prompted by Pakistan in June. This occurred despite India's non-participation, as India has labeled the court as "illegal" since 2022-23.

Key Outcomes of the CoA's Procedural Order No 16

• The CoA's decision-making authority includes all components of run-of-river hydropower projects (HEPs) that India may develop on western rivers, not just the 'freeboard' of the HEP.
• The CoA clarified that the Indus Water Treaty prohibits any design that allows mechanisms for artificially raising the water level in the operating pool above specified pondage levels, either initially or through future modifications.
• The CoA asserted that references on HEP design are mandatory during the planning stage in India, separate from operational constraints that might arise post-commissioning. An acknowledgment of 'operational restraint' is insufficient.
• The information and data list required for India to provide to Pakistan is 'indicative' and not exhaustive concerning maximum pondage.

Rejections by the CoA

• The CoA declined three of Pakistan's clarification requests regarding the prohibition of crest gated and ungated spillways, which are passageways for surplus water.
• The CoA also refused clarification on how India should determine the installed capacity and anticipated load of HEPs.