It was pretty surprising to see the front page headline in The Times of India on Oct 24, 2013[i], claiming that an India China “MoU on Dams Among Nine Deals Signed”. The Hindu headline[ii] (p 12) claimed, “China will be more transparent on trans-border river projects”. Indian Express story[iii] (on page 1-2) claimed, “The recognition of lower riparian rights is a unique gesture, because China has refused to put this down on paper with any other neighbouring country”. It should be added that the news stories on this subject in the Economic Times and the Hindustan Times took the MoU in more matter of fact way.

Source: SANDRP
Additional information for second half of May However, the actual language of the Memorandum of Understanding on “strengthening cooperation on trans-border rivers” available on website of Press Information Bureau[v] and Ministry of External affairs[vi] gives a very different picture. There is no mention of dams, river projects or lower riparian or rights there. One additional feature of the agreement is that the current hydrological data (Water Level, Discharge and Rainfall) in respect of three stations, namely, Nugesha, Yangcun and Nuxia located on river Yaluzangbu/Brahmaputra from 1st June to 15th October every year[vii] will now be extended to May 15th to Oct 15th with effect from 2014. While this is certainly a step forward since the monsoon in North East India sets in May and also in view of the accelerated melting of glaciers in changing climate, it should not lead to the kind of hype some of the newspapers created around the river information MoU. Moreover, it should be remembered that India pays for the information that it gets from China and what Indian government does with that information is not even known since it is not even available in public domain. How this information is thus used is a big state secret!
![Three stations on Yarlung Zangbo - Nugesha, Yangcun and Nuxia (the green spots in the map represent these station)[iv]](https://sandrp.in/wp-content/uploads/2013/10/three-stations-on-on-yarlung-zangbo.jpg?w=663)
(the green spots in the map represent these station)[iv]
Over-Optimistic reading of the MoU? The specific feature of the new MoU about which media seemed excited read as follows: “The two sides agreed to further strengthen cooperation on trans-border rivers, cooperate through the existing Expert Level Mechanism (for detailed chronology of ELM formation, meetings and earlier MoUs on Sutlej and Brahmaputra, see annexure below) on provision of flood-season hydrological data and emergency management, and exchange views on other issues of mutual interest.” The key words of this fifth the last clause of the MoU were seen as “exchange views on other issues of mutual interest”, providing India an opportunity to raise concerns about the Chinese hydropower projects and dams on shared rivers. However, the clause only talks about exchange of views and there is no compulsion for China to share its views, leave aside share information about the Chinese projects in advance or otherwise. On the face of it, the hype from this clause misplaced.

This was read with first clause: “The two sides recognized that trans-border rivers and related natural resources and the environment are assets of immense value to the socio-economic development of all riparian countries.” Here “riparian countries” clearly includes lower riparian. But to suggest that this clause on its own or read with clause 5 mentioned above provides hope that China will include the concerns of the lower riparian in Chinese projects on shared rivers seems slightly stretched. The clause only recognises the asset value of rivers and related natural resources and environment for all basin countries and it is doubtful if it can be used to interpret that Chinese will or should take care of the concerns of lower riparian.
Thus the rather optimistic interpretation does not seem to emanate from the actual wording of the MoU, but the rather over optimistic interpretation by the Indian interlocutors, possibly including the Indian ambassador to China, who has been quoted on this aspect.
Real Achievement: GOI recognises value of Rivers! What is most interesting though is that Indian government has actually signed a Memorandum that recognises that “rivers and related natural resources and the environment are assets of immense value to the socio-economic development”. This is absolutely amazing and joyful development for rivers. Since there is nothing in the laws, policies, programs, projects and practices of Indian government that says that rivers are of any value. Now that Indian government has actually signed an MoU agreeing to such a value, there is sudden hope for rivers, it seems. Only lurking doubt, though is the word “trans-border” before rivers! We hope the Government of India applies this clause to all rivers, not just trans-border rivers, though we know from past that this hope is one a rather thin ice!!
SANDRP
Annexure:
1. Formation and Meetings of Expert Level Mechanism (ELM) on Trans-border Rivers
| 20-23 Nov, 2006 | During the visit of the President of People’s Republic of China to India in November 20-23, 2006, it was agreed to set up an Expert-Level Mechanism to discuss interaction and cooperation on provision of flood season hydrological data, emergency management and other issues of trans-border rivers between the two countries. Accordingly, the two sides set up the Joint Expert Level Mechanism(ELM) on Trans-border Rivers. The Expert Group from Indian side is led by Joint Secretary level officers. Seven meetings of ELM have been held so far. |
| 19-21 Sept, 2007 | In the 1st meeting of ELM the issues related to bilateral cooperation for exchange of hydrological information were discussed. |
| 10-12 April, 2008 | In the 2nd meeting of ELM work regulations of the ELM were agreed upon and signed. It was agreed that the ELM shall meet once every year, alternatively in India and China. |
| 21–25 April, 2009 | The 3rd meeting was focused on helping in understanding of each other’s position for smooth transmission of flood season hydrological data. |
| 26-29 April, 2010 | In the 4th meeting the implementation plan on provision of hydrological information on Yaluzangbu/Brahmaputra River in flood season was signed. |
| 19-22 April, 2011 | In the 5th meeting the Implementation Plan in respect to the MoU on Sutlej was signed. |
| 17-20 July, 2012 | The 6th meeting of ELM was held at New Delhi where both the countries reached at several important understandings and a significant one of those understandings is – “The two sides recognized that trans-border rivers and related natural resources and the environment are assets of immense value to the socio-economic development of all riparian countries.” |
| 14-18 May, 2013 | In the 7th meeting held at Beijing, China where in the draft MoU and Implementation Plan on Brahmaputra river was finalized. |
2. MoUs on Hydrological Data Sharing on River Brahmaputra / Yaluzangbu
| 2002 | Government of India and China signed a MoU for provision of hydrological information on Yaluzangbu/Brahmaputra River in flood season by China to India. In accordance with the provisions contained in the MoU, the Chinese side provided hydrological information (Water Level, Discharge and Rainfall) in respect of three stations, namely, Nugesha, Yangcun and Nuxia located on river Yaluzangbu/Brahmaputra (see the map above) from 1st June to 15th October every year, which was utilized in the formulation of flood forecasts by the Central Water Commission. This MoU expired in 2007. |
| 2008 | On 5th June, India signed a new MoU with China on provision of hydrological information of the Brahmaputra /Yaluzangbu river in flood season by China to India with a validity of five years. This was done during the visit of the External Affairs Minister of India to Beijing from June 4-7. Under this China had provided the hydrological data of the three stations for the monsoon season from 2010 onward. |
| 2013 | During the visit of Chinese Premier Li Kegiang to India the MoU of 2008 has been extended till 5th June 2018. |
3. MoUs on Hydrological Data Sharing on River Satluj / Langquin Zangbu
| 2005 | A MoU was signed during the visit of the Chinese Premier to India in April for supply of hydrological information in respect of River Satluj (Langquin Zangbu) in flood season. Chinese side provided hydrological information in respect of their Tsada station on river Satluj (Langquin Zangbu in Chinese, see the map above). |
| Aug 2010 | In order to supply flood season hydrological information on River Sutlej a new MoU was agreed in August 2010 |
| Dec 2010 | On 16 Dec 2010, during the visit of Prime Minister of China to India a new MoU was signed to provide hydrological information of Sutlej/Langquin Zangbo River in flood season by China to India with a validity of five years. |
| April 2011 | During the 5th ELM meeting held in April, 2011 an MoU on Sutlej containing the Implementation Plan with technical details of provision of hydrological information, data transmission method and cost settlement etc. was signed in Beijing. The hydrological information during the flood season has been received in terms of the signed implementation plan. |
Annexure compiled by Parag Jyoti Saikia
Post Script: Further reading: http://www.thethirdpole.net/2015/11/06/tibet-dams-hold-back-silt-not-water
END NOTES:
[i] http://timesofindia.indiatimes.com/india/India-China-seal-border-pact-talk-Pak-based-terror/articleshow/24619614.cms
[ii] http://www.thehindu.com/todays-paper/tp-national/china-will-be-more-transparent-on-transborder-river-projects/article5266620.ece




The Simang River is a tributary of the Siang River which originates at an elevation of 2950 m. The river is 44 km long (as mentioned in the EIA/EMP reports done by consultant R S Environ Link). Total catchment area of Simang River is 554 sq km. There are two projects proposed on the Simang River. The first one is Simang I with an installed capacity of 67 MW (3 x 22.33 MW) and catchment area of 494 sq km. The second one is the upstream project Simang II with an installed capacity of 66 MW (3 x 22 MW) and catchment area of 422 sq km. These two projects were jointly discussed in the 19th meeting of EAC in October 2008 for the first time. Then these projects were subsequently discussed in the 21st, 36th, 66th and 67th meeting of EAC. A diagram of the two projects on the Simang River is given below.












































Agreement), reduced the water availability in 2013 summer to less than 1 MCM per day resulting in severe water stress in the river basin. On top of the water shortage, intra-day as well as inter-day flow fluctuations in tail-race discharge from PLB HEP had worsened the situation. Anticipating water shortage the river basin MLAs as well as Local Self Government (LSG) heads had been demanding action from the State Government since December 2012.
healthy flow even during summer months. However, at present, the natural summer flow in the river has reduced drastically due to forest degradation and dams and diversions. Consequently, the present river flow in non-monsoon months is almost entirely dependent on the storage at Kerala Sholayar and Poringalkuthu reservoirs. The downstream major irrigation project, the Chalakudy River Diversion Scheme (CRDS) does not have storage of its own. It is completely dependent on the tailrace discharge from the PLB – HEP. Over the last two decades, the daily flow fluctuation due to the semi-peaking operation of the PLB-HEP is affecting the functioning of CRDS. Incidentally, the campaign against the proposed Athirappilly hydroelectric project (AHEP) had first brought this issue into focus. One of the major issues with regards to AHEP, a peaking power station, was the downstream impacts of drastic intra-day flow fluctuation (to the tune of 1:17).

readily accepted the proposed ROM strategy. Many LSGs demanded the state government to implement this, through resolutions. With the shortage in rainfall during 2012 monsoons, severe water stress was anticipated and a series of steps were taken to put pressure on the state government for dams re-operation so that the summer water shortage for downstream areas can be reduced.
Days after walking down the Gori, we go to the Sub-Divisional Magistrate of Dharchula sub-division, Pramod Kumar, who is busy coordinating rescue and relief on a war-footing, but still has the courtesy to meet. On being asked by me regarding the sudden release of water by the 280 MW National Hydro-Power Corporation (NHPC) Dhauliganga Hydro-Electric Project (HEP, see below the layout of the project given on NHPC website) at Chirkila and the ensuing damage downstream, he confirms that he received an emergency call on the night of 16th June, 2013 from the NHPC, asking that they be permitted to release the impounded water in their reservoir, because it was in danger of breaching. Under normal circumstances they do not need his permission. He also confirms that he had refused, because the water level in the Mahakali main-stem was already flowing at danger-mark. NHPC went right ahead and opened their gates at full on the night of 16th June, without authorization or any prior warning to anybody



second (cumecs), and at 12 am, on the night of the 15th June it jumps up to 389.92 cumecs. This is just the start of the flood. Joshi seems to balk right here, and says that they have not received data for the 16th June yet (the day I speak to him was the 8th of July), and that he may get it after a week or so. And anyway, he says, the powerhouse was abandoned from the night of the 16thJune, so getting data beyond that would be out of question. It is clear that Joshi was unwilling to give me flow-data for the duration of the flood-pulse. He had only minutes before informed me of how automated the whole operation was, and that it was possible for them to even operate the power-house sitting in their Dobat office-complex itself. The real scenario will be clear when we get flow data for the 16th and 17th of June.