- The court says that pondage must be based on real operational, hydrological data.
- Installed capacity, expected load must be realistic, evidence-based
- India cannot justify higher poundage through assumptions.
ISLAMABAD: Pakistan’s government has welcomed a new ruling by the Court of Arbitration under the Indus Waters Treaty (IWT), saying it strengthens key restrictions on India’s use of western rivers and strengthens Pakistan’s legal position in ongoing hydropower disputes.
“The Government of Pakistan notes with utmost satisfaction the supplementary award of the arbitral tribunal regarding maximum pondage, delivered on 15 May 2026, in the IWT case arising out of the Ratle Hydroelectric Plant and Kishenganga Hydroelectric Project design disputes,” according to a statement.
The award, it said, was a testament to the country’s position that the treaty places significant restrictions on India’s water control capacity and that these restrictions apply at the design and planning stage of hydropower projects.
“The award confirms Pakistan’s central position that the treaty places substantial limits on India’s water control capacity on the western rivers, and these limits are not formalities.
“They apply at the planning and design stage and cannot be met simply by a later assurance of operational restraint.
“Pondage for a river facility must be justified by actual project needs, actual expected operation, facility hydrology, hydraulic conditions, power system requirements, and the information and explanations required by the treaty.”
Citing previous proceedings, the statement said the ruling follows an August 2025 decision and reinforces the requirement that installed capacity and expected power needs be based on realistic operational and technical assessments.
“Based on the Court’s General Case Award of 8 August 2025, the Additional Award gives practical effect to the standard that installed capacity and expected load must be realistic, well-founded and justifiable.
“Installed capacity must correspond to the actual expected operation, hydrological and hydraulic data and treaty requirements.
“Expected load must correspond to the actual expected operation and to the expected needs of the electricity system the plant is intended to serve.”
The opinion further said the ruling addresses concerns over what it described as attempts to justify increased water storage capacity without a sufficient technical basis.
“This addresses a key treaty problem. India cannot justify increased Pondage through imagined capacity, artificial load curves, unrealistic peaking assumptions or bare assertions of compliance with Section 15 release limits.
“Paragraph 15 remains an operational limitation, but it is not a substitute for an evidence-based justification for the water control capacity sought, while any other operational pattern must be supported by specific information and underlying data produced by India.”
The government said the decision also strengthened Pakistan’s right to review project details and demand full disclosure under treaty obligations.
“The award also strengthens Pakistan’s right of review. India must provide Pakistan with sufficient information and explanation to assess compliance with the treaty.
“If India fails to do so, it fails to carry its burden of establishing that the proposed maximum Pondage satisfies paragraph 8(c) of Annex D.”
It added that minimum environmental flow requirements must also be factored into hydropower design calculations where appropriate.
“The court further confirmed that any applicable minimum flow obligation must be taken into account in calculating the Pondag required for Firm Power where such an obligation exists and is not otherwise satisfied.
“Section 15 release requirements do not automatically satisfy such an obligation.”
According to the statement, the court’s decisions are binding and will be presented in other ongoing treaty mechanisms.
“Pakistan also notes the Court’s previous finding that awards of an arbitral tribunal are final and binding on the parties and otherwise have controlling legal effect on subsequent treaty bodies in relevant matters of treaty interpretation.
“Pakistan will place these interpretations before the neutral expert process in accordance with treaty procedures and applicable confidentiality arrangements.”
Reaffirming its broader policy position, the government said Pakistan remains committed to the peaceful resolution of water disputes under the treaty framework.
“The country remains committed to the Indus Waters Treaty, its dispute settlement procedures and the peaceful resolution of water-related disputes.
“Pakistan will continue to protect its rights under the IWT, and it will pursue all legal and diplomatic means to ensure that hydropower projects on the western rivers are designed and operated strictly within the treaty’s boundaries.”
The statement concluded that the ruling “is a strategic consolidation of Pakistan’s treaty position”, stressing that the maximum load must be “realistic, evidence-based, hydrologically sound, power system eligible, treaty compliant and incapable of inflation through artificial assumptions.”
