Islamabad: The Government of Pakistan has expressed utmost satisfaction with the Court of Arbitration’s Supplemental Award Concerning Maximum Pondage, delivered on May 15, 2026.
The ruling addresses the long-standing design disputes over India’s Ratle Hydroelectric Plant and Kishanganga Hydroelectric Project, firmly upholding Pakistan’s core position that the Indus Waters Treaty places strict legal limits on India’s water-control capabilities on the Western Rivers.
The Court affirmed that these structural limits are mandatory legal requirements rather than mere formalities, and they must be strictly applied during the initial planning and design phases.
India cannot bypass these structural limits simply by offering later assurances of operational restraint.
The ruling mandates that pondage for any Run-of-River plant must be realistic, defensible, and fully justified by actual project needs, local hydrology, hydraulic conditions, and verifiable power-system requirements.
This builds on the Court’s previous General Issues Award from August 8, 2025, ensuring that installed capacity and anticipated loads cannot be inflated using artificial load curves or unrealistic assumptions.
Furthermore, the Award significantly strengthens Pakistan’s rights of review under the treaty.
India is now legally obligated to provide comprehensive technical data and explanations to establish treaty compliance.
Failure to provide sufficient information means India fails to meet its burden of proof regarding its proposed maximum pondage.
The Court also confirmed that any minimum-flow obligations must be factored into pondage calculations and cannot be automatically satisfied by operational release requirements.
Recognizing the Court’s ruling as final, binding, and legally controlling, Pakistan has announced it will present these definitive legal interpretations before the Neutral Expert process.
The state remains committed to the Indus Waters Treaty and will utilize all lawful and diplomatic channels to ensure all upstream hydroelectric projects strictly adhere to treaty boundaries.
