Appeal for restoration of water rights as per Riwaj-e-abpashi usurped by WAPDA by thrusting varying cropping intensities   

The water rights of Gandapurs in Gomal Zam fixed under the Riwaj-e-    abpashi / Kulayat in 1880 and the Bolton Irrigation Notes of 1908 considered as the Bible of Rod Kohi, are disregarded by WAPDA

WAPDA usurped Kulachi Tehsil Water Rights by changing its established and recognized water rights in the Riwaj-e-Abpashi to adopt changing cropping intensities that needs changed water supplies whereas, the Rivaj-e-abpashi provides water on equitable basis.

Agriculture Department of KPK Govt: on the advice of WAPDA wrongly prepared PC-I, by inducting varying cropping intensities for Gomal Zam Project. It drastically reduced Water rights of Kulachi Tehsil.

WAPDA knowingly violated the old and established Riwaj-e-Abpashi of 1880, by not obeying the instructions of irrigation department and the PCC, built canal network on the basis of cropping intensities, depriving Kulachi Tehsil of its floodwater rights in Gomal Zam by half (423 cuscs).

Request to issue stay order, and stop further illegal construction of canals, remodel canal network to restore equitable water rights as in the Riwaj-e-abpashi and include the area of Kulachi Tehsil ignored from irrigation. This area is called ‘Left Over Area’.

Farmers of Gomal Zam command area of Kulachi Tehsil with 90% water share not consulted while preparing the PC-I, therefore PC-I wrongly prepared and project wrongly executed by WAPDA. It needs correction to avoid water war.

Kulachi Tehsil has 90 % share in floodwater of Gomal Zam as per Riwaj-e-abpashi 1880 that distributes floodwater on equitable basis for all areas, and not on the basis of varying cropping intensities. This illegally reduced Kulachi Tehsil water share from 811 to 425 cusecs. A loss of 386 cusecs of water as it adopted 60%, 100, and 120% cropping intensity on the same kind of land, with the same alluvial soil, in an area where people have equal water rights under the Riwaj-e-abpashi.

Tank Tehsil has only 5% share in Gomal Zam water but is illegally given 381 cusecs against its established perennial water share of 30 Janders or 30 cusecs in Gomal Zam violating the Riwaj-e-abpashi and depriving Kulachi Tehsil by 386 cusecs. One Jander is considered equal to one cusec.

Tank Tehsil has legal share of perennial water only of 30 Jander or 30 cusecs in Gomal Zam  flow, and not in floodwater. Floodwater only belongs to Kulachi and Dera Tehsils. Discharge over 30 cusecs is considered floodwater.

In the preparation of PC-I, it was the duty of the Government to have consulted the major owners of floodwater of Kulachi Tehsil as per the Riwaj-e-Abpashi and the Gandapur farmers Association to know the local and traditional water rights of the respective areas under Gomal Zam River since 1880. The Gandapurs waited for the construction Gomal  dam a century ago as Gomal Zam destroyed its area by forming ravines.

Those who prepared the PC-I by violating the Riwaj-e-abpashi, and without the consultation of land owners are responsible for the loss and its consequences and for committing unpardonable blunder.

The Government may hold inquiry and fix responsibility on all those who illegally introduced varying cropping intensities in an area where water rights are fixed under the Riwaj-e-abpashi, prepared the PC-I without consultation, have sown the seed of disputes by violating the law of land and wasted USAID. They must be dealt with according to law.

The forcing of varying cropping intensities by WAPDA and changing water rights will surely create disputes as it reduced the water rights of Kulachi Tehsil by about half and gave 13 times more water to the undeserving area of Tank Tehsil. This deprived the people of Kulachi of their source of living. Please note there is no concept of varying cropping intensities in the Riwaj-e-abpashi as it violates the centuries old Kuliyat/Riwaj-e-abpashi.

PC-I makers must ensure and protect the water rights of all farmers. The officials who prepared the PC-I should have first investigated and visited the proposed areas, obtain views of the farmers, got the record of water rights from the Revenue Departments of all the three Tehsils, and should have discussed the issue of varying cropping intensities of 60%, 100% and 120% with the major land owners of Kulachi farmers. Cropping intensities involves drastic change in water rights and in the Riwaj-e-abpashi.  This change is offending as it sows the seeds of water war. Instead of bring prosperity the Gomal Zam Development will bring misery, infighting, deaths and destruction. PC-I may be revised.

It is lamentable why this terrible blunder is committed.

It will be very interesting to know that Tank Tehsil has its own big river, namely Tank Zam with dam site at Hanis Tangi, already approved for construction. Tank Tehsil has its own separate catchment area and hydrologic zone of Tank Zam. Kulachi Tehsil has its own separate catchment area and hydrologic zone of Gomal Zam.

The sponsoring authorities for the Gomal Zam Project include the following:-

·       Government of KPK, Department of Agriculture, Livestock and cooperatives

·       The US Agency for International Development (USAID)

·       Farmers of the Gomal Zam Dam’s command area to be developed under the proposed Project. (This is wrong, the farmers are not consulted).                                

The Department of Agriculture and the USAID Agency both have prepared the PC-I on the advice of WAPDA, the two sponsors have no knowledge of the established and recognized water rights of the three Tehsils under the Riwaj-e-Abpashi of 1880. The consultation of Revenue Record is pre-requisite for the preparation of PC-I on which the project is based and the water rights are ensured. These two sponsoring agencies have no idea about the water rights share in floodwater of Kulachi Tehsil, Tank Tehsil and Dera Tehsil. The Gandapur farmers were ignored.

The PC-I is therefore prepared at random, in routine, and on the advice of WAPDA without verification of facts, without consulting the concerned farmers, their water rights in the project area, and without consulting the Revenue Departments. As such the major water owners, the  farmers of Kulachi Tehsil, are deprived of their water rights. Their water rights are not confirmed from the District and Tehsils Revenue officials. It is wrong to claim that the third sponsor, namely the farmers of Kulachi Town were consulted.

It was binding on those who prepared the PC-I that the PC-I should have been based on ground facts, the Riwaj-e-abpashi, and not on the basis of the varying cropping intensities at random falsely naming a group that is, the farmers of the Gomal Zam Dam’s command area—the Gandapurs. The cropping intensities have been included in the PC-I to favor Tehsil of Tank at the cost of Kulachi Tehsil. This must be revised to match Riwaj-e-abpashi.

One cannot imagine that the water rights of Kulachi Tehsil, is grabbed to favor Tank Tehsil, though Gandapurs  faced the fury of Gomal Zam for more than a century.

The major owner of water of Kulachi Tehsil, that is, the farmers of Gomal Zam Dam’s command area to be developed under the proposed project are absolutely ignored. The concerned  farmers are not consulted while preparing the PC-I. They came to know that they are deprived of their water rights when the canal network was being laid in their area on the basis of 60% cropping intensities that reduced their water rights by about half. .

It’s a great blunder that the owners of water in Kulachi Tehsil are deprived of their legal share and water is given to Tank Tehsil who does not own the floodwater of Gomal Zam. This will create law and order problems and damage the project, the source of earning and prosperity.     

·       The 90% area having water rights as per Riwaj-e-abpashi in Gomal Zam lies in Kulachi Tehsil where Gandapurs reside for the past 450 years.     

Forced cropping intensities violated Riwaj-e-abpashi 1880 and water rights of Gandapurs

·       In view of the equitable water rights, a varying cropping intensity of 60%, 100% and 120% cannot be forced on the area in violation of the Riwaj-e-abpashi because this will deprive one area of its water rights and benefit the other undeserving area by13 times its water rights. Riwaj-e-abpashi gives equitable water rights to all areas.

·       Cropping intensities should be planned by a farmer within his own land, using his own share of water in view of the record of rights. The aspect of cropping intensities should be left to the will of the farmers and how economically he uses water. The area should not be forced to adopt varying cropping intensities not provided in the Riwaj, as this will reduce water rights of one area by half and give 13 times more water to the other undeserving area. This is in violation of the Riwaj-e-abpashi.

·      Life of storage water of Gomal Reservoir limited due to silting

·       A storage reservoir has limited life span. It is recommended to change the method of application of water and use water through sprinkler and drip irrigation for raised cropping intensities. Also carry water through pipes, replacing water courses. This will irrigate lands more than two times or raise cropping intensity from 150% to 200%.  Water rights should not be curtailed by inducting varying cropping intensities. Cropping intensities should not be forced.

·       Moreover, law may be framed to plant 10% of farmer land with fruit trees to improve environment, mitigate climate change and generate income. The Government may be requested to carry out water shed management in the catchment area of Gomal Zam to increase the useful life of Adom Kok Reservoir of Khajuri Katch Dam. The Government should grow trees along the Gomal Reservoir mountains range by using water from the reservoir.     

·       The PC-I is prepared on theoretical basis, in routine, without considering the fact that Riwaj-e-abpashi gives equal water rights irrespective of the cropping intensities.

·       The PC-I is wrongly prepared depriving the area of Kulachi Tehsil who have water rights. This resulted in the execution of project on wrong basis. It has thus sown the seed of water war between the two Tehsils of Kulachi and Tank.

·       The network of irrigation canals must be re-planned on the basis of Riwaj-e-abpashi. The canal built on the basis of 60% cropping intensity may be remodeled to carry water as per water rights.

·       Water should not be allowed to flow in the canals built on the basis of cropping intensities till these are remodeled. This is vital to avoid bloody disputes.

·       The Gandapur welfare farmers association D.I.Khan must be consulted to hear their views on Riwaj-e-abpashi and water record.

·       One fears if the grievances and water rights are not set right in time, the Gandapur Tribe may create law and order problems to seek their water rights, the source of their living. The adjoining Taliban getting opportunity may join them to aggravate law and order.

·       It may be noted that three Provincial Coordination Committees dated 14.10.2002, and 24.1.2004 and 2007, the Project Director Irrigation, the Advisor water, the Project Consultant Conny-ta-Biller, Mr Bolton report 1908, Javed Ahmad Mirza report, Safi Assistant Commissioner Tank, all insisted to follow the Riwaj-e-Abpashi and the implementation of the project on the basis of Riwaj-e-abpashi. WAPDA stubbornly opposed all, violated the Riwaj-e-abpashi and is building the canal network on the basis of varying cropping intensities in violation of the Rivaj and the water rights. Moreover, it illegally included the area of Tank Tehsil that has no floodwater rights and ‘left out’ the water rights area of Kulachi Town and around, and part area of Dea Tehsil.

·       WAPDA has misused USAID by the wrong execution of the network of canals under the Gomal Dam Project. For this terrible blunder, WAPDA and the Agriculture Department are responsible as one of them  prepared the wrong PC-I, and the other is executing the project on wrong basis in spite of opposition from three PCC meetings, the Irrigation Department, the Project Director Irrigation and the Revenue department.

·       The Gandapur Association prays that the construction of canal network of Gomal Zam on varying cropping intensities should stop. Gandapurs water rights restored as per Riwaj-e-abpashi, Kuliyat, and Bandobast. The canal work redesigned to carry water as per the water rights in the Riwaj-e-abpashi and NOT on the basis of cropping intensities. The canal network may be re-modeled.

Water rights area under Gomal Zam of Kulachi Tehsil  

Area under Rod Kohi flood Irrigation System in Kulachi Tehsil since 1880 is 143660 acres.

Area of Dera Tehsil under flood irrigation from Rod Kohi before Gomal Dam = 30328 acres.

After the construction of CRBC, out of 30328 acres, 20335 acres will be covered by CRBC.

The remaining area to be irrigated from Rod Kohi floodwater is (30328- 20335= 9993 acres.

After this, Kulachi Tehsil is entitled to cover its (143660+20335) = 163325 acres.

As such, Kulachi Tehsil has water rights in Gomal Zam floodwater in 163325 acres. This area should be brought in the CCA of the Project.

Kulachi Tehsil Land entitled to receive Gomal Zam River water after the area of 20335 acres covered by CRBC= 143660+163325 acres.

Illegal Distribution of Gomal floodwater by WAPDA after changing the water rights is violation of the Riwaj-e-abpashi should be set right. The Bolton irrigation Notes of 1908 are considered as the Bible of Rod Kohi but is violated by WAPDA.

In view of all above, we request the honorable Court to stop building network of canals on the basis of 60%, 100% and 120% cropping intensities, and distribute water as per the Riwaj-e-abpashi, and remodel network of canals wrongly built accordingly to Riwaj-e-abpashi. Till then the network of canals building be stopped.

Data on which Project is based by WAPDA in violation of the Riwaj-e-Abpash

The perennial flow from the Khajuri Katch Reservoir of Gomal Zam = 848 cusecs.

WAPDA has illegally and wrongly built network of canals on the basis of varying cropping intensities, and distributed water in the three Tehsils accordingly, ignoring the water rights and the Riwaj-e-abpashi. This was also against the instructions of the PCC on three occasions besides the advice of Project Director Irrigation and the Revenue officials. The water distribution is as follows:-

·       Perennial flow from Gomal Dam Reservoir    equal to           848 cusecs

·       Tank Tehsil                45% of 848 cusecs       equal to           381 cusecs

·       Kulachi Tehsil            50% of 848 cusecs       equal to           425 cusecs

·       Dera Tehsil                5%   of the share of floodwater of Kuachi Tehsil = 41.5 cusecs

·       Kulachi Tehsil share on the basis of 90% of 848 cusecs  = to 811 cusecs less Dera share

·       Kulachi Tehsil deprived of its legal water share by 848-425 cusecs=   423 cusecs

·       Tank Tehsil legal share in perennial water and not in floodwater= 30 Jandars= 30 cusecs

·       Tank Tehsil illegally given water = 381 cusecs on the basis of cropping intensities

·       Tank Tehsil water rights as per Riwaj= 30 Jandar or 30 cusecs.

·       Kulachi Tehsil entitled area to receive irrigation water = (143660+20335)=163325 acres

·       Dera Tehsil area   9993 acres

·       Tank Tehsil   700 acres

·       The Rivaj-e-abpashi distributes uniform floodwater to Kulachi and Dera Tehsils

·       The Riwaj does not distributes floodwater on the basis of cropping intensities

·       Tank Tehsil has no share in floodwater in the Riwaj-e-abpashi

·       Tank Tehsil has share only in perennial water up to 30 Jander. Jander is equal to a cusec

·       Perennial water more than 30 Janders is considered as floodwater in Riwaj-e-abpashi

·       Tank Tehsil has its separate river of TANK ZAM approved for construction.

·       Kulachi Tehsil has its own separate river of Gomal Zam with seperative catchment area and separate hydrologic zone.   

·       In view of above, we appeal for issuing immediate stay orders, directing WAPDA to build network of canals as per water rights in the Riwaj-e-abpashi, and undertake remodeling of canals accordingly. The canal wrongly built on cropping intensity basis should be set right. 

     

Engr Fateh Ullah Khan Gandapur                                                      5.9.2012

Former Chairman Indus River System Authority   

Distinction holder in Dams and Reservoir Engineering

Discoverer of 12 mega Dams in Pakistan including Khajuri Katch dam site on Gomal Zam, and Tank Zam Dam, at Hanis Tangi.