The Government of Pakistan has noted with utmost satisfaction the Court of Arbitration’s Supplemental Award handed down on Friday last concerning maximum pondage.
According to a statement issued on X handle of the Government of Pakistan, this award relates to the Indus Waters Treaty proceedings arising from design disputes of the Ratle Hydroelectric Plant and the Kishanganga Hydroelectric Project.
The award affirms Pakistan’s central position that the Treaty places substantive limits on India’s water-control capability on the western rivers.
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.
Building on the Court’s General Issues Award of 8th August 2025, the Supplemental Award gives practical effect to the standard that installed capacity and anticipated load must be realistic, well-founded, and defensible.
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.
The award also strengthens Pakistan’s review rights. India must provide Pakistan with sufficient information and explanation to assess Treaty compliance.
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.
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 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.
