CCI forms inter-provincial committee

MUSHTAQ GHUMMAN

ISLAMABAD: The Council of Common Interests (CCI) constituted an inter-provincial committee headed by Attorney General of Pakistan to look into current issues of availability of water and its distribution in the country in view of provinces tussle with each other over ‘share,’ well informed sources told Business Recorder.

This was the crux of the last CCI meeting presided over by former Prime Minister Shahid Khaqan Abbasi on May 27.

According to sources, Joint Secretary (Water), Ministry of Water Resources, gave a comprehensive briefing to the Council on water resources, shortages and distribution issues. He stated that after independence two committees were set up. The first was set up in 1968 and the other (Fazal-e-Akbar committee) in 1970. The government also constituted Indus Waters Commission (also known as Anwar-ul-Haq Commission) in 1976 and Justice Haleem Commission in 1983 which determined “historic use” during 1977-82. Accordingly, adopting the Haleem Commission’s “historic use” as a baseline and designating these as “actual average system uses” during 1977-82, a historic Water Apportionment Accord was signed in March 1991 which allocated shares of provinces in the distribution of Indus waters. In accordance with clause-3 of the Accord, IRSA was established through IRSA Act, 1992 for regulating and monitoring the distribution of water resources of Indus River in accordance with the Water Accord 1991.

Former Chief Minister Sindh, Murad Ali Shah expressed his concerns on the existing distribution of water resources of Indus waters and termed it a gross violation of the Water Apportionment Accord 1991. He referred to clauses 2, 4 and 14 of the Accord. He said that while the CCI had approved the Accord in its meeting held on March 21, 1991, since then Sindh had been getting less than its share of water from IRSA. He cited Punjab expressing its view in a subsequent CCI meeting held on September 16, 1991 that Water Accord was a comprehensive package and it would not be appropriate to take any one clause in isolation. The data provided in the form of 10 daily system-wise allocations by the provinces should not be taken into account in isolation without protecting the existing usages and deciding on future shortages. Shah said that during the critical periods of Rabi and early or late Kharif, any increase in the existing level of uses would be possible only after additional storage capacity becomes available. Till then the existing sharing arrangements had to be continued during these deficit periods. Murad Shah further stated that without re-referring the matter to CCI, unfortunately IRSA has granted exemption to Balochistan and Khyber Pakhtunkhwa whereas no such exemption was provided in the Accord and hence it had been violating the Accord since 2003.

Joint Secretary, Ministry of Water Resources, referred to CCI decision of September 16, 1991 that notes that all provinces unanimously approved the Water Accord and it was Punjab that had mentioned sharing of water shortages. However, its view was refuted by Sindh. The Joint Secretary (Water) further revealed that actual average system uses for the period 1977-82 provide a guideline for developing the future regulation pattern and ten daily uses system was adjustable as per availability of water during Rabi and Kharif seasons. Para-14 of the Accord was not linked with para-2 of Accord.

The then Chief Minister Sindh categorically objected to the distribution arrangements of IRSA and stated it was decided to refer para 14(a) & (b) of Water Accord 1991 to Law Division for its interpretation. Law and Justice Division in its letter of October 25, 2000 opined as follows “as per plan interpretation of clause 14 of the Accord, the ten daily uses, having become part and parcel of the Accord, shall be adjusted pro-rata for sharing shortages. Any interpretation of sharing shortages on the basis of historic use shall be a violation of the Accord. Moreover, under clause 13 of the Accord, IRSA is responsible for implementation of Accord; similarly any dispute on the subject should have been referred to the CCI under the Constitution. Hence the formation of any other body or committee on taking any decision of interpretation on such report shall be a distortion of the Accord as well as violative of the Constitution. However, since the matter has not been referred to the appropriate body i.e. CCI by the aggrieved party, therefore, the existing arrangements as decided by IRSA may be allowed to continue till the constitution of and decision by the CCI.”

The then Secretary to the then prime minister mentioned that the existing 3-tier formula adopted by IRSA for distribution of Indus Waters is not part of Water Accord. It was formed by IRSA in 2003 due to water shortages and continuing onwards.

Chairman, IRSA clarified that as per clause-3 of Accord; under-execution projects of Khyber Pakhtunkhwa and Balochistan were provided their authorised quota of water as per existing uses that time. He further stated 3-tier formula was approved by IRSA in accordance with clause-8 of IRSA Act, 1992 which is as follows ; scenario-I (condition distribute) water less than 102-72 MAF as per para 14(b) of the WAA 1991; scenario II- water is more than 102-73 MAF, & less than 114.35 MAF up to 102.73 MAF, as per 14(b) of WAA; 102.73 to 114.35 as per para 2 and; scenario III- water is more than 114.35 MAF up to 102.73 MAF, as per 14(b) of WAA; 102.73 to 114.35 MAF as per para 2 balance as per para 4 of the WAA 1919.

Member Sindh at IRSA stated that apportionment agreed in para-2 of the Accord was the soul of the Accord. Member Punjab at IRSA stated that Punjab has always been sacrificing its share in support of smaller provinces. The Secretary Irrigation Punjab stated that 3-tier formula adopted by IRSA does not violate the spirit of Water Accord.

Former Chief Minister Balochistan taking part in discussion stated that Balochistan was not getting due share of water and there are issues of water shortages in the province. He demanded that his province should be given its full share of water as per Water Accord.

The former prime minister asked the participants to suggest a way forward to resolve the issue. The former secretary to the prime minister, Fawad Hasan Fawad proposed to set up a committee under Attorney General of Pakistan which may consult the record of proceedings on the basis of which Water Accord was finalised and submit recommendations to CCI.

After thorough discussion, the CCI constituted a committee headed by Attorney General of Pakistan and comprising representative from each province. The committee was tasked to look into the current issues of availability of water and its distribution in the country and present its recommendations for consideration of the CCI. The committee was also to consult the record of proceedings that resulted in approving Water Accord, 1991.