HYDERABAD: The recent moves to change basic structure of the Indus River System Authority (Irsa) through amendments to the Isa Act, 1992 have not gone down well with Sindh -- the lower riparian province -- in the Indus basin.

The draft amendments bill has not yet been tabled in the National Assembly but it has caused a stir in Sindh, which remains at receiving end in the interprovincial water distribution in the wake of any Indus upstream water project.

The draft amendments have been opposed by the Sindh member in Irsa, Mohammad Ehsan Leghari. Previously, the Sindh member was informally informed about the ‘IRSA Act (Amendment) Ordinance, 2024’ during the caretaker regime. And he had conveyed to Sindh government about the proposal through his correspondence in January this year. The ordinance became a law in February 2024 after then president Dr Arif Alvi did not agree to it. But this time, the Sindh member has opposed the draft amendments in detail, giving his clause-wise input.

Objections placed on record

Sindh’s objections are now on record over the proposed amendments. About appointment of ‘Irsa chairman’ -- who could be a retired or serving BS-21 federal government officer – directly by prime minister, the Sindh member wrote that the “sole power of appointment of [Irsa] chairman has been given to PM which is against principle of equality for implementing 1991 Accord”.

“Please note that in voting equality has been given to all provinces regardless the percentage of share in the surface water distribution,” Mr Leghari wrote in his comments in response to the amendment to the clause-4 of the Act 1992.

He observed that “if chairman is being replaced by federal member it will not only undo decision of Council of Common Interest but will dilute spirit of implementation mechanism of Accord and if continuity of chairman is meant for improved functionality of Irsa the rotation tenure of chairman can be increased to two years”.

“All changes in section 8 [dealing with powers and duties of Irsa] are detrimental for rights of water of provinces and will either create hurdles for accord implementation or make it redundant,” Mr Leghari mentioned.

Spirit of Accord

The water regulator -- Irsa – said to be established in May 1993 in Lahore after its Act of 1992 was passed in the wake of the signing of the Water Apportionment Accord 1991 to ensure water distribution in line with the accord. The accord defines water sharing on ‘ten daily’ basis at barrages. The ‘ten daily’ basis means Indus flows for the first, second and third ten days of each month. It was during Musharraf regime when Irsa’s headquarters were shifted from Lahore to Islamabad on a demand from Sindh province.

Three-tier formula

In early 2000, a three-tier formula was introduced for interprovincial water distribution that defines water distribution on ‘average system uses’ from 1977 to 1982. Sindh has always opposed the formula and that’s why it is pending before Council of Common Interests (CCI) which has representation from all four federating units.

The proposed amendments are getting a flak from Sindh’s retired civil servants who have been observing interprovincial water distribution and they take exception to creation of ‘vice chairman’ a position which would be rotating among provinces’ members while a federal government officer would lead the body as chairman.

Another federal body

“Irsa is all set to become another ‘federal body’ if [the proposed] amendments get parliament’s nod,” said a former secretary.

He was quite critical of the fact why ‘chairman’ needed to be assisted by an ‘independent committee of experts’ on water related matters within Irsa when a similar advisory committee is there with due representations. “The amendments are going to kill spirit of the accord,” he adds in the same breadth. “Everything relating to water sharing is decided in the 1991 Accord. What ‘experts committee’ will do? Empowering PM to nominate chairman is against the very spirit of the Constitution,” the former secretary argues.

Syed Mazhar Ali Shah has served in Irsa as Sindh’s member for nine years in a row. Pointing out that members from provinces are equal in present scheme of things in Irsa, he contends that he understands well how Irsa works even with its present structure. “But this [new Act] is going to be disastrous,” remarks Mazhar Shah.

Fate of existing Irsa structure?

“Irsa will be subservient to federal water ministry as this structure will be done away with. Provinces will have no weight,” Mr Shah laments. He fears that all controversial projects will be completed once Irsa’s structure is altered.

Sindh Abadgar Board (SAB) chief Mahmood Nawaz Shah says that the fresh legislation contravenes spirit of the accord. “Irsa has limited role, in fact, and as water is a provincial subject, so federal government can’t impose officer of its choice to head Irsa,” he says. The legislation, he says, prima-facie dissolves role of provinces. It will dent provincial harmony.

Irsa’s stance

Irsa spokesman Khalid Idris Rana, however, insists that new technology of telemetry system is in process of installation, so in order to streamline efficacy of technology, it is important to have some changes in the Act.

Asked why this is being done at the cost of altering Irsa’s basic structure and diluting the accord’s spirit, he replied: “One thing is clear, any amendment to the Irsa Act does not have any impact on Water Accord 1991 or provincial allocations. As such expert committee won’t have exceptional jurisdiction to impact Irsa’s decisions. Post of vice chairman shall keep on rotating, please”.

‘No comment’

Irsa’s Punjab member Amjad Saeed, when contacted for his views, declined to comment on the proposed amendments, Dawn reporter Amjad Mahmood adds from Lahore.

Mr Saeed said he was not authorised to publicly discuss the issue.

Irrigation department officials were also keeping a mum over the matter. They appeared even not ready to confirm that they had received and/or discussed the draft amendment.

Published in Dawn, September 7th, 2024