The Supreme Court of Pakistan, while issuing a detailed verdict in the case pertaining to the acute water scarcity in Pakistan, highlighted that "the need for water reservoirs is not only expedient but also sine qua non (an essential condition) for the survival of the people and economy of Pakistan".
The apex court, on a suo motu, had taken up a report by the Pakistan Council of Research in Water Resources (PCRWR) regarding acute water scarcity in Pakistan, as well as a petition by Barrister Zafarullah Khan of the Watan Party seeking directions for the construction of the Kalabagh dam.
The 26-page order, penned by Chief Justice Mian Saqib Nisar himself, stated that there was an acute need for water storage facilities for the very survival of the people of Pakistan.
Right at the outset of the detailed order, the CJP quotes a poem authored by British poet W H Auden to highlight the importance of water. It reads: "Thousands have lived without love, not one without water.”
Also casting light on the significance of water, various verses from the Holy Quran have been incorporated into the decision.
The decision has taken into account the current flow of water in the country's rivers and the shortage of water faced by the agricultural sector.
"In the case of Pakistan, being an agrarian economy, the importance of water can never be overstated, particularly when it relies upon a single source, i.e. the Indus Rivers and its tributaries, to cater to almost all of its water requirements," it states.
Pakistan ranks shamefully low in the world among countries who have mechanisms to store water, the verdict reads.
"According to the World Resources Institute in its report titled ‘Ranking the World’s Most Water-Stressed Countries in 2040’, Pakistan is at number 23 out of the top 33 water-stressed countries in 2040," the order stated, asserting the need to "immediately begin to adopt measures to solve the problems that contribute to water scarcity".
The order recognises that though the world has successfully harnessed the various benefits provided by the building of dams, Pakistan lags far behind in fulfilling even its basic water requirements due to the fact it has low storage capacity.
According to Syed Muhammad Mehar Ali Shah, Joint Secretary Ministry of Water Resources and the Commissioner Indus Water, the economic value of 1 maf of water is approximately $500 million and post-Tarbela, Pakistan is wasting an average amount of 29 maf every year which totals a whopping cost of $14.5 billion per year.
Furthermore, Pakistan has incurred total direct losses of $38.053 billion from 1950 to 2015, with 50% of it being incurred in the recent years, due to the shortage of dams which results in greater flooding.
"The optimum storage capacity for Pakistan is about 23 to 25 maf. This means we require an increase of at least 10 to 12 maf of storage from our present live storage of 13.86 maf," the court order observed.
It also noted that the Tarbela Dam is storing 36% less water than it's storage capability of 9.68 maf due to sedimentation, thereby storing only 6.17 maf at present.
The construction of Kalabagh Dam was to bring an added live storage capacity of 6.1 maf, the SC order read.
The court has observed "with great dismay" that no progress has been made in this regard due to opposition faced by the project over the years. It has beckoned all Pakistani citizens "to honour public interest and the common good and strive harder to work towards forging unanimity with respect to the construction of Kalabagh Dam".
Meanwhile, there is still the urgent need to take immediate steps to address the problem of water shortage and diminishing storage capacity in the country.
Pakistan's next best option is the construction of the Diamer-Bhasha and Mohmand dams whose storage capacities are 6.4 and 0.7 maf, respectively, rendering a total increase in storage capacity of 7.1 maf.
Moreover, the court expressed its appreciation for the donations made to the dams fund stating in the order that they have been "overwhelmed by the huge public response in the form of generous donations for this national cause and the nation’s confidence reposed in and respect extended to the Supreme Court of Pakistan".
"To safeguard the trust reposed by the public in the fund, it is directed that the contribution(s) thereto shall enjoy tax free status," the verdict has stated as a reminder to the people to continue to donate generously.
The court order also attempts to broadly delineate the other causes of water shortage including increasing gap in supply and demand, unsustainable use of groundwater, poor irrigation infrastructure and unregulated growing of water-intensive crops by farmers.
To tackle these issues, a list of measures has been recommended to reduce wastage of water including improvement in infrastructure and public awareness for water conservation.