Dams, Floods and Destruction

Each year people along the Indo-Nepal border start panicking as the season of floods approaches. This year too, they have begun to be apprehensive about the survival of their families and communities in the face of the upcoming monsoon floods and inundation. Whenever loss of life and property due to floods and inundation along the border areas causes panic and havoc among the affected people, the government and the media tend to show interest over the matter. However, once the monsoon ends and life in the Terai reverts to normal, those who appear to be sensitized and show sympathy to the affected tend to forget this recurrent threat to the lives and livelihoods of people who constitute half the populace and produce food grain for most of the Nepali people.



This regular and recurrent phenomenon has been witnessed for over two decades with the same chain of events repeating over and over again. What is the underlying reason for the regular loss of so much life and property and the resulting panic? The obvious answer is the construction or augmentation by of dams and structures such as levees and embankments, etc. along the Indo-Nepal border. These structures give rise to drainage constriction along the border areas with the consequence that the natural drainage pattern is blocked and Nepali lands are inundated for days or even weeks on end. These construction works are usually undertaken by without informing , without researching the detrimental effects, without seeking ’s consent, against the letter, spirit and practice of international law and even in contravention of agreements reached by the countries at numerous meetings of the Indo-Nepal Standing Committee on Inundation Problems. Let us take a look at such structures: where they were constructed, how they have inundated Nepali territory and also at some of the merely cosmetic efforts made by both governments to address these issues.

Name of Dam/Embankment/Levee	Location	Impacted Area in		Approximate Length of Obstruction	Remarks /Status, etc.
Laxmanpur	Banke Rapti river	33 villages		22 km long	15,000 people
Rasia Khurdalotan	Tinau and Danab River	11 VDCs		12 km long	10,000
Mahalisagar	Masai River Kapilbastu	10 VDCs		20 km	5,000
Koilabas	Dara Khola Dang	Koilabas Bazaar		50 meter long	3,000
Poornagiri-proposed dam	Kanchanpur Dadheldhura	14 VDCs		60 km	35,000
Danda-Pharana	Rupandhai	Parts of Siddharthanagar		3 km	Proposed dam
Kunauli Related story Indian dams causing floods in Nepal: Locals	Saptari	11 VDCs		2 km	50,000
Siraha	Harkati VDC	11 VDCs	15 km		500
Rauthat	No mans land	11 VDCs	15 km		In construction
Kailashpuri	Kailali, Karnali-Bheri	6 VDCs	8 km		Far from border
Luna	Morang	Baradanga VDC	300 m		Bakraha river
Tanakpur	Jimuwa, Kanchanpur	2.9 ha encroached	577 m		Mahakali
Sarada	Kanchanpur	22 Bighas of land not returned yet	Big project		British era
Koshi	Saptri Sunsar	20 VDCs	Mega project		Unequal treaty
Gandak	Nawalparasi	12 VDCs	Mega Project		Unequal treaty
Koshi High Dam	Chatara	269 Metre high dam	Mega Project		Replacing Koshi dam
Chain dam	Across border	1500 KM	Road access		Causes floods
Khado	Saptari	3 VDCs	Irrigation		Inundation
Kamala	Siraha Dhanusha	Border’s VDCs	Damming water		inundation
Bagmati	Sarlahi	10 VDCs	Damming water		Inundation
Lalbakaiya	Rautahat	4 VDCs	Damming flood		Inundation
Nakuwa nala	Bardia	2 VDCs	Damming flood		Inundation
Dandanala	Rupandahi	2VDCs	flood		Inundation
Sati-Biranala	Kailali	1 VDC	flood		Inundation
Bhada Nala	Kapilvastu	3VDCs	flood		Inundation
River Linking Project	Across country	Across country	flood		Proposed project
New projects	East to west	Across country	flood		Inundation

These are the projects under which dams and other structures have been and are still being constructed despite the hue and cry in over the consequent tremendous loss of life and property. Whenever floods affect life and property, the authorities of the two countries initiate a drama of negotiations that never yields any results or brings any relief to the victims. With the end of the flood season, such dramas end automatically. This phenomenon has continued over the years.



What is more, whatever is agreed at such negotiations never gets implemented, while the construction of the offending structures continues along the border. has turned a deaf ear to ’s plight and has been acting consistently against the provisions of international law and the interests of . What is more, such constructions are not allowed even within the ambit of inter-state behavior in and by judicial pronouncements in that country. As floods cause huge losses of life and property, wash away the soil on large swathes of cultivated land, compel huge populations to relocate from their homes to escape the devastation, the giving of a few crore rupees for embankment construction and river training as a show of concern make no substantial difference. Such sums are inadequate even for river training on a small stretch of river.



The only option left to rectify such hegemonic and illegal action is to abrogate all the treaties and replace them with equal and equitable arrangements reconciling the mutual interests of both nations. The above structures must be demolished before re-negotiating such treaties. Based on a new treaty, new structures could be constructed in compliance with the provisions of the Helsinki Convention of 1966 and also the Convention on the Non-Navigational Use of International Watercourses 1997. Both instruments require close cooperation, exchange of information on  projects, taking the consent of both parties before initiating any project and construction of the projects for mutual benefits based on negotiation, consent and agreement. There is no alternative to scrapping all unequal treaties and working out new agreements based on equal benefits sharing formulae under which both nations benefit and no one loses. This has to be a win-win approach. Furthermore, such arrangements could also be extended to on the basis of cost sharing for regional benefit. has consistently demanded this since 1972. If there is meaningful cooperation among the riparian countries, the availability of fresh water, harnessing of clean energy from hydropower and elimination of flood havoc could all materialize to the benefit of all. This will also contribute to regional peace, stability and rapid economic development.



The crux of the matter is that fresh water is becoming scarce because of climate change and global warming. Likewise, clean energy is the need of the hour for industry and rapid economic development. These requirements can be fulfilled only if there is close and unhindered cooperation between and , which in turn is only possible if is ready to abrogate all unequal treaties and replace them with equitable ones that fully concede ’s legitimate entitlements. Otherwise, the two countries will lose the opportunity of benefiting from the huge water resources and also be deprived of the benefits of existing projects as such facilities could be destroyed by irate local victims. It has become urgent to take account of these irate locals. Such ire has been witnessed in the opening of outlets at Mahalisagar, Susta and elsewhere. Rectification is needed before it is too late.



It is time to act with prudence and speed to redefine Indo-Nepal relations to address each other’s requirements and sensitivities.



(The writer is secretary at the Ministry of Law, Justice and Constituent Assembly Affairs.)