Title: Agreement between the Government of the People’s Republic of Bangladesh and the Government of the Republic of India on sharing of the Ganges waters at Farakka and on augmenting its flows. Parties: Bangladesh, India
Basin: Ganges
Date: 11/5/1977
BANGLADESH-INDIA: AGREEMENT ON SHARING OF THE GANGES' WATERS*
[Done at Dacca, November 5., 1977]
Government of Bangladesh
Ministry of Foreign Affairs
(External Publicity Division)
Dacca.
NO-14(1)76-EP. IV November 5, 1977
Agreement between the Government of the People's Republic of Bangladesh and the Government of
the Republic of India on sharing of the Ganges waters at Farakka and on augmenting its flows.
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH AND THE GOVERNMENT OF THE REPUBLIC OF INDIA,
DETERMINED to promote and strengthen their relations of friendship and good neighbourliness,
INSPIRED by the common desire of promoting the well-being of their peoples,
BEING desirous of sharing by mutual agreement the waters of the international-rivers flowing through the territories of the two countries and of making the optimum utilisation of the water resources of their region by joint efforts,
RECOGNISING that the need of making an interim arrangement for sharing of the Ganges waters at Farakka in a spirit of mutual accommodation and the need for a solution of the long-term problem of augmenting the flows of the Ganges are in the mutual interests of the peoples of the two countries.
BEING desirous of finding a fair solution of the question before them, without affecting the rights and entitlements of either country other than those covered by this Agreement, or establishing any general principles of law or precedent,
HAVE AGREED AS FOLLOWS:
A. Arrangements for sharing of the waters of the Ganges at Farakka..
ARTICLE I
The quantum of waters agreed to be released by India td Bangladesh will be at Farakka.
ARTICLE II
(i) The sharing between Bangladesh and India of the Ganges waters at Farakka from the 1st January to the 31st May every year will be with reference to the quantum shown in column 2 of the Schedule annexed hereto which is based on 75 percent availability calculated from the recorded flows of the Ganges at Farakka from 1948 to 1973.
(ii) India shall release to Bangladesh waters by 10-day periods in quantum shown in column 4 of the Schedule:
Provided that if the actual availability at Farakka of the Ganges waters during a 10-day period is higher or lower than the quantum shown in column 2 of the Schedule it shall be shared in the proportion applicable to that period;
Provided further that if during a particular 10-day period, the Ganges flows at Farakka come down to such a level that the share of Bangladesh is lower than 80 percent of the value shown in column 4, the release of waters to Bangladesh during that 10-day period shall not fall below 80 percent of the value shown in column 4.
ARTICLE III
The waters released to Bangladesh at Farakka under Article I shall not be reduced below Farakka except for reasonable uses of waters, not exceeding 200 cusecs, by India between Farakka and the point on the Ganges where both its banks are in Bangladesh.
ARTICLE IV
A Committee consisting of the representatives nominated by the two Governments (hereinafter called the Joint Committee) shall be constituted. The Joint Committee shall set up suitable teams at Farakka and Hardinge Bridge to observe and record at Farakka the daily flows below Farakka Barrage and in the Feeder Canal, as well as at Hardinge Bridge.
ARTICLE V
The Joint Committee shall decide its own procedure and method of functioning.
ARTICLE VI
The Joint Committee shall submit to the two Governments all data collected by it and shall also submit a yearly report to both the Governments.
ARTICLE VII
The Joint Committee shall be responsible for implementing the arrangements contained in this part of the Agreement and examining any difficulty arising out of the implementation of the above arrangements and of the operation of Farakka Barrage. Any difference or dispute or arising in this regard, if not resolved by the Joint Committee, shall be referred to a panel of an equal number of Bangladeshi and Indian experts nominated by the two Governments. If the difference or dispute still remains unresolved, it shall be referred to the two Governments which shall meet urgently at the appropriate level to resolve it by mutual discussion and failing that by such other arrangements as they may mutually agree upon.
B. Long-Term Arrangements
ARTICLE VIII
The two Governments recognise the need to cooperate with each other in finding a solution to the long-term problem of augmenting the flows of the Ganges during the dry season.
ARTICLE IX
The Indo-Bangladesh Joint Rivers Commission established by the two Governments in 1972 shall carry out investigation and study of schemes relating to the augmentation of the dry season flows of the Ganges, proposed or to be proposed by either Government with a view to finding a solution which is economical and feasible. It shall submit its recommendations to the two Governments within a period of three years.
ARTICLE X
The two Governments shall consider and agree upon a scheme or schemes, taking into account the recommendations of the Joint Rivers Commission, and take necessary measures to implement it or them as speedily as possible.
ARTICLE XI
Any difficulty, difference or dispute arising from or with regard to this part of the Agreement, if not resolved by the Joint Rivers Commission, shall be referred to the two Governments which shall meet urgently at the appropriate level to resolve it by mutual discussion.
C. Review and Duration
ARTICLE XII
The provisions of this Agreement will be implemented by both parties in good faith. During the period for which the Agreement continues to be in force in accordance with Article XV of the Agreement, the quantum of waters agreed to be released to Bangladesh at Farakka in accordance with this Agreement shall not be reduced.
ARTICLE XIII
The Agreement will be reviewed by the two Governments at the expiry of three years from the date of coming into force of this Agreement. Further reviews shall take place si:x months before the expiry of this Agreement or as may be agreed upon between the two Governments,
ARTICLE XIV
The review or reviews referred -to in Article XIII shall entail consideration of the working, impact, implementation and progress of the arrangements contained in parts A and B of this Agreement.
ARTICLE XV
This Agreement shall enter into force upon signature and shall remain in force for a period of 5 years from the date of its coming into force. It may be extended further for a specified period by mutual agreement in the light of the review or, reviews referred to in Article XIII,
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by the respective Governments, have signed this Agreement.
Done in duplicated at Dacca on the 5th November, 1977 in the Bengali, Hindi and English languages. In the event of any conflict between the texts, the English text shall prevail.
Rear Admiral Musharraf Husain Khan
Chief of Naval Staff and Member., President's Council of Advisers in-charge of the Ministry of Communications, Flood Control, Water Resources and Power, Government of the People's Republic of Bangladesh.
Surjit Singh Barnala
Minister for Agriculture and Irrigation, Government of the Republic of India
SCHEDULE
[Vida Article II (i)]
Sharing of waters at Farakka between the lst January and the 31st May every year.
1 2 3 4
Period Flows reaching Withdrawal by Release to
Farraka (based India at Bangladesh
on 75% availa- Farraka
bility from
observed data
(1948-73),
Cusecs Cusecs Cusecs
January 1-10 98,500 40,000 58,500
11-20 89,750 38,500 51,250
21-31 82,500 35,000 47,500
February 1-10 79,250 33,000 46,250
11-20 74,000 31,500 42,500
21-28/29 70,000 30,750 39,250
March 1-10 65,250 26,750 38,500
11-20 63,560 25,000 38,000
21-30 61,000 25,000 36,000
April 1-10 59,000 24,000 35,000
11-20 55,500 20,750 34,750
21-30 55,000 20,500 34,500
May 1-10 56,500 21,500 35,000
11-20 59,250 24,000 35,250
21-31 65,500 26,750 38,750
*[Reprinted from the text provided b the Government of Bangladesh.
[According to Article XV, the Agreement entered into force upon signature, November 5, 1977 and shall remain in force for five years.]
THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH.
DETERMINED to promote and strengthen their relations of friendship and good neighborliness.
INSPIRED by the common desire of promoting the well-being of their peoples.
BEING desirous of sharing by mutual agreement the waters of the international rivers flowing through the territories of the two countries and of making the opitmum utilisation of the water resources of their region in the fields of flood management, irrigation, river basin development and generation of hydro-power for the mutual benefit of the peoples of the two countries.
RECOGNISING that the need for making an arrangement for sharing of the Ganga / Ganges waters at Farakka in a spirit of mutual accommodation and the need for a solution to the long-term problem of augmenting the flows of the Ganga / Ganges are in the mutual interests of the peoples of the two countries.
BEING desirous of finding a fair and just solution without affecting the rights and entitlements of either country other than those covered by this Treaty, or establishing any general principles of law or precedent.
HAVE AGREED AS FOLLOWS:
ARTICLE - I
The quantum of waters agreed to be released by India to Bangladesh will be at Farakka.
ARTICLE - II
(i) The sharing between India and Bangladesh of the Ganga / Ganges waters at Farakka by ten day periods from the 1st January to the 31st May every year will be with reference to the formula at Annexure I and an indicative schedule giving the implications of the sharing arrangement under Annexure I is at Annexure II.
(ii) The indicative schedule at Annexure II, as referred to in sub para (I) above, is based on 40 years (1949-1988), 10-day period average availability of water at Farakka. Every effort would be made by the upper riparian to protect flows of water at Farakka as in the 40-years average availability as mentioned above.
(iii) In the event flow at Farakka falls below 50,000 usage in any 10-day period, the two governments will enter into immediate consultations to make adjustments on an emergency basis, in accordance with the principles of equity, fair play and to harm to either party.
ARTICLE - III
The waters released to Bangladesh at Farakka under Article I shall not be reduced below Farakka except for reasonable uses of waters, not exceeding 200 cunecs, by India between Farakka and the point on the Ganga / Ganges where both its banks are in Bangladesh.
ARTICLE - IV
A Committee consisting of representatives nominated by the two Governments in equal numbers (hereinafter called the Joint Committee) shall be constituted following the signing of this Treaty. The Joint Committee shall set up suitable teams at Farakka and Hardinge Bridge to observe and record at Farakka the daily flows below Farakka Barrage, in the Feeder Canal, and at the Navigation Lock, as well as at the Hardinge Bridge.
ARTICLE - V
The Joint Committee shall decide its own procedure and method of functioning.
ARTICLE - VI
The Joint Committee shall submit to the two Governments all data collected by it and shall also submit a yearly report to both the Governments. Following submission of the reports the two Governments will meet at appropriate levels to decide upon such further actions as may be needed.
ARTICLE - VII
The Joint Committee shall be responsible for implementing the arrangements contained in this Treaty and examining any difficulty arising out of the implementation of the above arrangements and of the operation of Farakka Barrage. Any difference or dispute arising in this regard, if not resolved by the Joint Committee, shall be referred to the Indo-Bangladesh Joint Rivers Commission. If the difference or dispute still remains unresolved, it shall be referred to the two Governments which shall meet urgently at the appropriate level to resolve it by mutual discussion.
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ARTICLE - XI
For the period of this Treaty, in the absence of mutual agreement on adjustments following reviews as mentioned in Article X, India shall release downstream of Farakka Barrage, water at a rate not less than 90% (ninety per cent) of Bangladesh’s share according to the formula referred to in Article II, until such time as mutually agreed flows are decided upon.
ARTICLE - XII
This Treaty shall enter into force upon signature and shall remain in force for a period of thirty years and it shall be renewable on the basis of mutual consent.
IN WITNESS WHEREOF the undersigned, being duty authorised thereto by the respective Governments, have signed this Treaty.
DONE at New Delhi 12th December, 1996 in Hindi, Bangia and English languages. In the event of any conflict between the texts, the English text shall prevail.
(H. D. DEVE GOWDA) (SHEIKH BASINA)
PRIME MINISTER PRIME MINISTER
REPUBLIC OF INDIA. PEOPLES REPUBLIC OF BANGLADESH.
ANNEXURE - I
Availability at Farakka Share of India Share of Bangladesh
70,000 cusecs or less 50% 50%
70,000 - 75,000 cusecs Balance of flow 35,000 cusecs
75,000 cusecs or more 40,000 cusecs Balance of flow
Subject to the condition that India and Bangladesh each shall receive guaranteed 35,000 cusecs of water in alternate three 10-day periods during the period March 1 to May 10.
ANNEXURE - II
(Sharing of waters at Farakka between January 01 and May 31 every year.)
If actual availability corresponds to average flows of the period 1949 to 1988, the implication of the formula in Annex-I for the share of each side is:
Period Average of India’s share Bangladesh’s
total flow share
1949-88
(cusecs) (cusecs) (cusecs)
Jan.
1-10 107,516 40,000 57,516
11-20 97,673 40,000 57,673
21-31 90,154 40,000 50,154
Feb.
1-10 86,323 40,000 46,323
11-20 82,858 40,000 42,859
21-28 79,105 40,000 30,106
March
1-10 74,419 30,410 35,000
11-20 68,931 33,931 35,000*
21-31 64,688 35,000* 29,688
April
1-10 63,180 28,180 35,000*
11-20 62,633 35,000* 27,633
21-30 60,992 25,992 35,000*
May
1-10 67,351 35,000* 32,351
11-20 73,590 38,590 35,000
21-31 81,854 40,000 41,854
(* Three ten day periods during which 35,000 cusecs shall be provided).