It is now more than a year, to be precise; one full year and 10 days by the time the readers get their copy of weekly Pulse, since the neutral expert announced his decision, but the concerned authorities have yet to finalize an option to tackle the controversial Baglihar Dam issue, which India is building in the occupied Kashmir in contravention of some provisions of the Indus Water Treaty of 1960. This prolonged delay in tackling the Baglihar issue can cost the country dearly and severely jeopardize its interests, both economic and strategic. 
To resolve the Baglihar Dam dispute between Pakistan and India, the World Bank had appointed a neutral expert, Prof Raymond Lafitee, who issued his final determination on February 12, 2007. Prof Lafitee subscribed to Pakistan's three points of difference out of four, but upheld India's point of view on the design of the spillway declaring that Baglihar Dam spillway gates in conformity with the international practice and "state-of-the art".
However, Islamabad did not subscribe to Prof Raymond Lafitee's decision on the spillway, maintaining that India could still regulate Chenab river water through spillway gates and inflict great damage to the irrigation of Punjab, which catered to 85 per cent of the country's food requirements. In addition, India could also weaken Pakistan's defence by stopping water of the Chenab river through Baglihar Dam spillway and drying at will the two canals emanating from Head Marala (Sialkot), which not only irrigate the central Punjab but have a strategic importance as well since the canals are made from the defence point of view.
Pakistan's view is that the neutral expert should have gone strictly by the Indus Water Treaty on the design of the spillway, as other practices are not relevant to the treaty. Pakistan therefore reserves the right to pursue the matter further, in accordance with the provisions of the Indus Water Treaty, and seek resolution of the dispute. Under the Treaty, the Court of Arbitration is the next forum wherein the case could be listened and decided. The Court of Arbitration would comprise of seven members, two each selected by Pakistan and India and three members selected jointly by the two countries.
Meanwhile, New Delhi is proceeding with completion of the 450 MW Baglihar Hydel Power Project on a fast track basis notwithstanding Pakistan's objections. The occupied Kashmir chief minister, Ghulam Nabi Azad, recently announced that the first phase of Baglihar Hydel Power Project will become operational by June this year.
The work on the one-billion-dollar 470 feet high Baglihar Dam project began in April 1999. India contemplates to complete the project in two phases. However, occupied Kashmir chief minister Azad did not give details on how much electricity would be generated by the initial start-up. On completion, the large-capacity reservoir of the dam will submerge the entire town of Doda in the Indian-occupied Jammu.
Pakistan has serious technical objections to Baglihar Dam's design, which is not confined to power generation but will enable India to divert over 7,000 cusecs of Chenab water per day for irrigation purposes in violation of 1960 Indus Basin Treaty. Under the Treaty, India is permitted to generate electricity but it cannot divert the flow of river water.
Pakistan objects to Baglihar Dam's construction, saying that it cannot be used to store water of the river Chenab. The Baghliar Dam project provides for submerged gate spillways, allowing India to increase the dam's storage capacity to 164,000 acres feet and capability to stop water for about 26 days during December, January and February. The Baglihar Dam project is a violation of Indus Basin Water Treaty because under its terms, India cannot construct any project on the river Chenab without Pakistan's prior approval.
Delay in consultation process
Since the neutral expert's decision, owing to various developments in the country, the concerned authorities could not start the consultation process on this crucial issue till the beginning of the second week of January 2008, despite reminders from Pakistan Commission on Indus Water. Attorney General of Pakistan Malik Mohammad Qayyum also reportedly expressed annoyance as to why the authorities concerned have delayed in initiating the consultation process on this vital issue.
Quite close to Pakistan-India border, on the river Chenab, Pakistan has three large headworks of Marala, Khanki and Quadirabad, feeding large tracts of agricultural fields in Neeli Bar, Ganji Bar and Sandal Bar areas. The Baghliar Dam would, thus, provide New Delhi leverage to stop the flow of the river Chenab at will and strangulate Pakistan's agriculture. 
The 1960 Indus Water Treaty was negotiated following rising tensions between India and Pakistan after New Delhi stemmed the flow of Indus tributaries to Pakistan on April 1, 1948. Under the Indus Water Treaty, India has rights to waters of rivers Sutlej, Ravi and Beas while Pakistan to the waters of the rivers Indus, Chenab and Jhelum as a lower riparian.
In the past, the Indian policy of non-implementing the treaties has been a persistent cause of concern among its neighbours. As far as implementation of the Indus Basin Water Treaty is concerned, a similar situation arose between India and Pakistan on the Salal Dam issue, but the matter was finally resolved through bilateral talks and conclusion of Salal Dam treaty in 1978. After failure of Pakistan-India talks to resolve the Baglihar Dam dispute, Pakistan approached the World Bank to appoint a neutral expert for the settlement of this issue.
Under the provisions of the Indus Basin Treaty, the Permanent Indus Commission, set up by both Pakistan and India, is responsible for sorting out differences arising out of day-to-day working. But, any difference, which cannot be resolved by the Indus Basin Commission, can be referred, under Article 9 (1.a), to a panel of neutral experts appointed by the World Bank.
The treaty also provides that any point, which cannot be sorted out by the neutral experts, be referred to an Arbitral Court. Under the provisions of the Treaty, the World Bank has the power to establish the Arbitral Court to resolve the dispute, but cannot specify the time frame for dispute resolution, and such a case may drag on for an indefinite period.
The delay in tackling the Baglihar Dam issue and also other multipurpose water reservoirs, like Kishanganga, which India is building in the occupied Kashmir, can cost Pakistan dearly. However, it seems that the authorities remained seized through this period with the domestic issues, which did not allow them to spare time to take up the matter again with the World Bank.