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.
