THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE
GOVERNMENT OF THE PEOPLES REPUBLIC OF
BANGLADESH,
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 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 that 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 water 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 implication 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 or water at Farakka as in the 40-years average
availability as mentioned above.
(iii) In the event flow at Farakka falls below 50,000 cusecs
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 no harm to either party.
ARTICLE - III
The water released to Bangladesh at Farakka under Articles 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 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 flow 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 the 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.
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 Ganga / Ganges during the dry season
ARTICLE - IX
Guided by the principles of equity, fairness and no harm to either
party, both the Governments agree to conclude water sharing
Treaties / Agreements with regard to other common rivers.
ARTICLE - X
The sharing arrangement under this Treaty shall be reviewed
by the two governments at five years interval or earlier, as
required by either party and needed adjustments, based on
principles of equity, fairness and no harm to either party
made thereto, if necessary. It would be open to either party
to seek the first review after two years to assess the
impact and working of the sharing
arrangement as contained in this Treaty.
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 signatures 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 duly authorised
thereto by the respective Governments, have signed this Treaty.
DONE at New Delhi 12th December, 1996 in Hindi, Bangla and
English languages. In the event of any conflict between the
texts, the English shall prevail.
FARAKKA WATER TREATY
TREATY BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF INDIA AND THE GOVERNMENT OF
THE PEOPLES REPUBLIC OF BANGLADESH ON
SHARING OF THE GANGA / GANGES WATERS AT
FARAKKA.
Signed Signed
(HD DEVE GOWDA) (SHEIKH HASINA)
PRIME MINISTER PRIME MINISTER,
REPUBLIC OF INDIA PEOPLE'S 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 40,000 cusecs Balance of flow
75,000 cusecs or more Balance of flow 35,000 cusecs
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
Schedule
(Sharing of waters at Farakka between January 01 and May 31 every year)
If actual availability corespondents 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 India's Share BD's Share
flow (cusecs) (cusecs)
1949-1988
(cusecs)
Jan
1-10 107,516 40,000 67,516
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 82,839 40,000 42,839
21-30 79,106 40,000 39,106
March
1-10 74,419 39,419 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 67,251 35,000 32,351
11-20 73,590 38,590 35,000
21-31 81,834 40,000 41,854