The Hague based International Court of Arbitration on Tuesday upheld India s right to divert water from the Kishanganga hydroelectric project (KHEP).
In a partial award announced in the Kishanganga dispute, the Court of Arbitration allowed India on Monday to divert a minimum flow of water from Neelum/Kishanganga River for power generation.
The Kishanganga plant, in Bandipora district of north Kashmir, is part of a run-of-the-river hydroelectric scheme that is designed to divert water from the Kishanganga river to a power plant in the Jhelum River basin.
The Indian government had sought full diversion of the river water, but the court determined that India was under an obligation to construct and operate the Kishanganga Hydroelectric Plant (HEP) in such a way as to maintain a minimum flow of water in the river at a rate to be determined by the court in its final award.
On May 17, 2010, Pakistan had instituted arbitral proceedings against India under the Indus Waters Treaty 1960 and approached the International Court of Arbitration (ICA) against violation of the treaty. The ICA granted a stay and stopped India from constructing the 330MW Kishanganga hydroelectric project in occupied Kashmir.
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