PESHAWAR: Declaring the recent changes to the Indus River System Authority (Irsa) Ordinance, 2024, against the spirit of federalism, the Khyber Pakhtunkhwa government has decided to take them up with the Council of Common Interests (CCI) for repeal.

Sources in the irrigation department told Dawn that the KP cabinet, in its last meeting, discussed the issue of the Irsa Ordinance, 2024, which was promulgated in February last year, and decided to convey the stand of the provincial government on it to the federal government.

They said that the cabinet insisted that the act of unilaterally amending the Irsa Act was against the spirit of federalism, so the matter could be taken to the CCI for discussion and decision.

The sources said as the federal government had to take the ordinance to parliament, both KP and Sindh wanted it to address their concerns about it.

Calls centre’s move against spirit of federalism

They said that the provincial government would soon take up the matter with the federal government.

Documents available with Dawn state that Irsa Act, 1992, was enacted for regulation and monitoring of the distribution of Indus River System’s water resources.

However, the document read that the federal government unilaterally promulgated an ordinance in Feb 2024 to amend various sections of Irsa Act, 1992.

It said that the KP member in Irsa pointed out that one of the tweakings in the ordinance would affect water rights of the province.

The document also said that amendment to Section 4 empowered the federal government to decide the cases of water distribution. It said that the Water Apportionment Accord, 1991, was a consensus document and any amendment shall be with the agreement of all provinces through CCI.

“In view of the above, it is proposed that the matter may be taken to the Council of Common Interests (CCI) for conveying the stance of the province as well as repealing the recent amendments in Irsa Act, 1992,” the document read.

It said that the law minister suggested placing the matter to the cabinet.

“The cabinet is requested to decide the case to forward the stance of the provincial government to place the matter to the CCI regarding the amendment of Irsa Act, 1992,” it read.

The document said that original Section 4(1) of Irsa Act, 1992, which states that the authority shall consist of five members, one each to be nominated by each province and the federal government from amongst high-ranking engineers in Irrigation or related engineering fields, has been substituted.

“The Authority shall comprise of a chairman and four members, each member to be nominated by each chief minister of the respective provinces from amongst high-ranking engineers, with relevant engineering, irrigation or related experience as may be prescribed. The chairman shall be an employee of the federal government, who is serving or has served in BPS-21 or equivalent or above, to be appointed by the Prime Minister, with such engineering experience and on such terms and conditions as the Prime Minister may determine, from time to time,” the substituted section 4(1) read.

The document stated that the provincial irrigation department was of the view that the final authority to decide cases on distribution of surface water has been shifted to the federal government which will hamper the balance established under section 4 of Irsa Act, 1992.

On October 10 last year, the KP Assembly passed a unanimous resolution calling for not amending the Irsa Act, 1992. The resolution read that the Water Apportionment Accord, 1991, and Irsa Act, 1992, was an effective agreement between the provinces regarding the distribution of water.

It said that KP people would never accept any amendments to the Irsa Act and it would also violate the basics of federalism. Besides, the amendment also said that the assembly requested the federal government to implement the Water Apportionment Accord, 1991, in letter and spirit and should also not amend Irsa Act, 1992.

Published in Dawn, January 22nd, 2025