1994 water sharing decision annulled

Published November 13, 2001

ISLAMABAD, Nov 12: The Indus River System Authority on Monday annulled the 1994 inter-ministerial committee decision regarding distribution of irrigation water among the provinces in proportions worked out on the basis of historical record.

The notification of annulment issued by the authority has given way to the implementation of 1991 Water Accord. But the controversy going on among the provinces over the distribution of agricultural water for almost a decade now, is not likely to end as Punjab is expected to take a legal recourse.

The notification was issued under the signature of Noor Muhammad Baloch, a Member at the authority from Sindh, who has recently taken over charge of Chairman Irsa from Member Punjab Mian Hafeezullah.

“In pursuance of the Chief Executive Secretariat Directive No. F. 100/137/1/ces/2000, dated October 23, 2000 and Ministry of Water and Power, U.O. No. WI-5-(1)/2000 dated June 28, 2001 and its letter of even no., dated November 7, 2001, it is hereby notified that subject decisions of the 1994 inter-provincial ministerial meeting stand annulled,” it said.

The directive by the Chief Executive was issued last year in October, 2000, and the Ministry of Water and Power had issued a similar order in June this year, but these had not been notified by the authority apparently because of the fact that Member Punjab had been holding the office of chairman.

The authority, on one pretext or the other, did not issue the notification until its chairman’s office is assumed by a Member from Sindh.

Punjab was opposed to annulment of the 1994 inter- ministerial committee decision.

It still maintains that the decision of 1994 was in line with the clause 14-B of the accord, which allowed distribution of water among the provinces during the period of shortage on the basis of historical record.

“We have not seen the notification and will formulate policy only after analysing it,” said an official of Punjab government when contacted for his comment.

He did not rule out the possibility of challenging it in the Supreme Court. The Irsa had adopted the decision of

1994 inter- ministerial committee and it had no mandate to annul its own decisions. Only the Council of Common Interest could review Irsa’s decision, he said.

Against the order issued by the Ministry for Water and Power in June this year, a growers’ association from Punjab had filed an application before the Chief Justice of Pakistan requesting him to take suo moto notice of the order.

The annulment of 1994 decision has no significance and the shares of the provinces would remain unchanged, said an Irsa official on condition of anonymity.

He pointed out there was another decision in the field which had been taken by the authority through circulation of a file among the provinces. This decision had also upheld the distribution of water among the provinces on the basis of averages of historical sharing.

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