ISLAMABAD: Pakistan has achieved a meaningful diplomatic milestone in itswater-sharing dispute with India as the Court of Arbitration at The Haguehas ordered New Delhi to provide detailed operational pondage logbooks fromkey hydroelectric facilities. The directive, part of the Second Phase onthe Merits proceedings, underscores the court’s insistence on examiningactual operational data to assess compliance with the Indus Waters Treaty.This move comes amid India’s non-participation and its declaration that thetreaty is suspended, yet the court has affirmed its jurisdiction andproceeded independently.
The 1960 Indus Waters Treaty, brokered by the World Bank, allocates thewaters of the Indus River system between the two nations. India controlsthe eastern rivers—Ravi, Beas, and Sutlej—while Pakistan relies on thewestern rivers—Indus, Jhelum, and Chenab—for the bulk of its water needs.India is permitted limited use of western rivers for non-consumptivepurposes, including run-of-river hydroelectric projects, subject to strictdesign and operational constraints outlined in Annexure D. Disputes overthese constraints, particularly pondage—the temporary storage capacity forpower generation—have persisted for years.
Pondage logbooks record daily water levels, inflows, outflows, and powergeneration data at projects like Baglihar on the Chenab and Kishanganga ona Jhelum tributary. Pakistan has long argued that India may have exceededpermissible pondage limits, potentially allowing manipulation of flows toaffect downstream supplies in Pakistan. The court’s recent proceduralorder, spanning 13 pages and issued following Pakistan’s request, deemsthese records directly relevant and material to determining whetherinstalled capacity calculations and pondage figures align with treatyrequirements.
In its order, the court has required India to submit the logbooks byFebruary 9, 2026, or provide a formal explanation for any refusal. It hasalso instructed Pakistan to specify the exact documents sought by February2, 2026. Hearings for the Second Phase on the Merits were scheduled forFebruary 2-3, 2026, at the Peace Palace in The Hague, with proceedings tocontinue even in India’s absence. Independent legal observers havedescribed this as a procedural victory for Pakistan, strengthening itsposition that operational realities, not merely design claims, must bescrutinized.
The broader context traces back to Pakistan’s 2016 initiation ofarbitration under Annexure G over the Kishanganga and Ratle projects.Parallel proceedings before a Neutral Expert have also addressed technicalaspects, but the Court of Arbitration has handled interpretive questions.In June 2025, a Supplemental Award on Competence unanimously rejectedIndia’s attempt to place the treaty in abeyance, affirming that unilateralsuspension does not halt obligations or the court’s role. An August 2025Award on General Interpretation further clarified pondage calculations mustrely on realistic projections of capacity and load, not idealizedengineering practices.
India has consistently rejected the court’s legitimacy, describing it asillegally constituted and without jurisdiction. Following the April 2025Pahalgam attack, which killed civilians and was linked to cross-borderelements, New Delhi placed the treaty in abeyance, citing national securityand Pakistan’s alleged failure to curb terrorism. Indian officials havereiterated that no arbitral body can question sovereign actions while thetreaty remains suspended, and they have not participated in proceedings orfiled submissions.
Despite India’s stance, the court’s persistence highlights the resilienceof international legal mechanisms under the treaty. Previous awards,including on competence in 2023 and clarifications in late 2025, haveemphasized strict adherence to treaty provisions on pondage and design toprevent artificial flow manipulation. Pakistan maintains that transparentoperational data is essential to safeguard its agricultural and economicinterests, as the western rivers support over 80 percent of its irrigatedlands.
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This latest order could influence future compliance monitoring and setprecedents for data-sharing in bilateral water disputes. While notresolving the core merits yet, it bolsters Pakistan’s case by compellingscrutiny of historical operations at contested sites. The proceedingsunderscore the treaty’s enduring framework, even amid heightened bilateraltensions, as a critical instrument for regional water security in SouthAsia.
The dispute remains unresolved, with potential for further hearings andawards. Pakistan’s delegation, led by senior legal figures, is expected topresent arguments in The Hague, capitalizing on the procedural momentum topress for full treaty adherence.
Kishanganga Project
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