The Government of Pakistan has expressed strong approval of a recent ruling by the Court of Arbitration under the Indus Waters Treaty (IWT), highlighting that it reinforces crucial restrictions on India’s utilization of the Western Rivers. This development significantly bolsters Pakistan’s legal position in ongoing disputes related to hydropower projects.
Issued on 15 May 2026, the Supplemental Award on Maximum Pondage pertains to the proceedings involving the Ratle Hydroelectric Plant and the Kishenganga Hydroelectric Project design controversies. The ruling affirms Pakistan’s stance that the treaty imposes substantive and enforceable limits on India’s capacity to control water flow, specifically at the planning and design stages of hydropower development.
It emphasizes that these constraints are not mere formalities and cannot be fulfilled simply by later operational assurances. The award clarifies that pondage for a run-of-river hydropower plant must be justified based on genuine project requirements, expected operational parameters, site hydrology, hydraulic conditions, power system demands, and the detailed information mandated by the treaty.
Building on the Court’s General Issues Award from 8 August 2025, this Supplemental Award operationalizes the principle that installed capacity and projected power demand must be realistic, well-founded, and defensible. Installed capacity should align with expected operation, hydrological and hydraulic data, and treaty obligations, while anticipated load must correspond to the power system’s actual needs.
Moreover, the ruling addresses concerns about attempts to justify expanding water storage capacity without sufficient technical justification. It states that India cannot base increased pondage on hypothetical capacity, artificial load curves, unrealistic peaking assumptions, or unsubstantiated claims of compliance with Paragraph 15 release limits. While Paragraph 15 remains an operational constraint, it cannot replace evidence-based justification for water-control capacity, and any deviation in operating patterns must be supported by detailed data provided by India.
The award also enhances Pakistan’s rights to scrutinize project details and demand full disclosure in line with treaty requirements. India is obligated to furnish enough information and explanations for Pakistan to evaluate compliance. Failure to do so means India cannot prove that the proposed maximum pondage meets Paragraph 8(c) of Annexure D.
Additionally, the Court confirmed that minimum environmental flow obligations must be considered in calculating pondage needed for firm power when applicable. Paragraph 15 release requirements alone do not fulfill this obligation.
Pakistan underscored that the Court’s decisions are final, binding, and carry controlling legal weight for subsequent treaty bodies. These interpretations will be submitted to the Neutral Expert process, respecting treaty protocols and confidentiality.
In reaffirming its commitment to the IWT framework, Pakistan emphasized its dedication to resolving water disputes peacefully and protecting its rights under the treaty. The government pledged to pursue all lawful and diplomatic avenues to ensure that hydropower projects on the Western Rivers comply strictly with treaty limits.
The statement concluded by describing the ruling as a strategic strengthening of Pakistan’s treaty position. It stressed that maximum pondage must be realistic, evidence-based, grounded in hydrology, justified by power system needs, compliant with the treaty, and immune to inflation through artificial assumptions.
