Bangladesh has proposed to Nepal for co-operation in the Sapta Koshi High Dam project. Nepal seems to be delaying her response; some people attribute it to the India factor. However, the nature of the Koshi River and law of international river course make it necessary for the co-basin countries to cooperate in such development agendas in the region.
The silver lining for Koshi Basin co-operation follows from the Indian 12th Five Year Plan (2012-17), Bangladeshi 6th FYP (2011-15), Nepal’s statements in SAARC summits, and China’s place as observer in the SAARC. For example, the Indian plan pinpoints the lack of water and electricity as critical bottlenecks for her economic growth, poverty alleviation and environmental management. It states that most of hydro-dams in Tibet and southern slope of the Himalayas have performed much below expectations due to watershed degradation, silt dynamics, Himalayas’ warming up, etc. This plan has suggested solutions such as ‘Himalayan water sanctuaries’ for the protection of water and revisit to the concept of high dams.
In the same vein, the 6th plan of Bangladesh has laid emphasis on India-Bangladesh power grid for 250MW to begin with. It urges co-operation with India, Bhutan and Nepal for the same. Therefore, we hope that the strategy to manage the trans-boundary rivers and to form a regional water and power grid will materialize. There is a need to formally launch the SAARC electricity grid in the eastern part of South Asia.
The Koshi co-basin countries namely China, Nepal, India and Bangladesh in the order of the river’s origin and flow need to realize that it is an international river, and that it can be fully developed at that level only. The Koshi originates in Tibet, traverses Nepal, and enters India and their shares in the river’s watershed area are 33 per cent, 45 per cent and 22 per cent respectively. Koshi joins Ganga at Kursella then reaches Farakka where it bifurcates to form the Bhagirathi River that reaches Kolkata, and to form Padma River that reaches Dhaka.
So to say, the jurisprudence of such international river courses must be an essential guide to the stakeholders for developing the Koshi-Ganga-Padma river basins in a cooperative manner. The practice such as India-Bangladesh Farakka Barrage Treaty states that both countries will work jointly to augment the river flows in the upstream, and share such waters.
Such provision in the Farakka Treaty opens ways for trans-border co-operation among Nepal-India-Bangladesh, Bhutan-India-Bangladesh, or China-India-Bangladesh to harness the rivers such as Koshi, Chukha, Tsangpo/ Brahmaputra to name a few.
The legacy of India-Nepal Koshi Agreement (1954, 1966) is meant for the ‘Koshi Barrage at Hanuman Nagar and should be dealt with separately. In any case, it has reserved Nepal’s every right to develop her water wealth on her own or in co-operation with other countries to generate benefits such as irrigation, navigation, electricity, fishery, etc.
It is encouraging that India is emerging out of the mindset of old Koshi Agreement of 1950s to adjust to the new theory in the law of international rivers such as the Helsinki Rules 1966, Berlin Declaration 2004, etc. She realizes that the Harmon Doctrine of Absolute Right supports the upper riparian to develop water resources here. Likewise, the Doctrine of Downstream Benefit Sharing calls for the equitable and reasonable share of the benefits if a structure in the upstream country generates its benefits in the downstream countries.
India herself has applied the Harmon Absolute Right Doctrine in dealing with Pakistan and Bangladesh, and the Downstream Waters Sharing Doctrine in the Inter-state Water Tribunals, and in the Mahakali River Treaty 1996 to some extent. In the light of such doctrines, India has recently lodged her concern with China that the Tsangpo River Hydropower Scheme Cascades should not adversely affect the Brahmaputra River’s flow regimes in the downstream. Conversely, any Sino-Indian co-operation in the upper reaches of the river to augment the river flows during lean season will not only be a win-win game for both of them but also has the spin-off benefits for Nepal and Bangladesh.
The nature of the Koshi River, Law of International Water Course and the growth of regional institutions such as SAARC and Asian Development Bank’s Growth Quadrangle would constitute the legal basis for inter-country regional co-operation to effect such rivers’ optimum development in terms of the drinking water, irrigation, power, navigation, fishery and ecosystem services.
Nepal located in the opportune site of the Koshi River should initiate a planning and investment conference of at least four countries to harness the Koshi waters; it will also contribute to the theory of the law of international rivers as the rivers will be used to transport water from Nepal to Bangladesh via India as transit in a co-operative development framework.
Dr Thapa is a former member of the National Planning Commission
Source : The Himalayan Times