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EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF INDIA AND HIS MAJESTY'S [1964] INTSer 8

EXCHANGE OF LETTERS BETWEEN THE GOVERNMENT OF INDIA AND HIS MAJESTY'S GOVERNMENT OF NEPAL REGARDING AMENDMENT TO THE GANDAK PROJECT AGREEMENT

Kathmandu, 30 April 1964

LETTERS


Kathmandu
April 30 , 1964

Excellency,

In the course of recent discussions it has been decided by our two Governments that certain clauses of the Gandak Project Agreement require amendment. The terms of this decision are as follows :

(i) It is agreed between His Majesty's Government of Nepal and the Government of India that Clause 10 of the Gandak Irrigation and Power Project Agreement entered into on December 4, 1959, shall be deleted and Clause 9, shall be modified and shall hereafter read as under :

“Clause 9. Protection of Nepal's Riparian Rights :

“His Majesty's Government will continue to have the right to withdraw for irrigation or any other purpose from the river or its tributaries in Nepal such supplies of water as may be required by them from time to time in the Valley.

For the trans-Valley uses of Gandak waters, separate agreements between His Majesty's Government and the Government of India will be entered into for the uses of water in the months of February to April only.”

(ii) The following shall be added under clause 7 (v) :
“Also the head regulator of the Don branch canal shall be operated by His Majesty's Government keeping in view the irrigation requirements of areas irrigated by this branch canal in India and Nepal”.

I shall be grateful to have your confirmation that the amendments agreed upon, which will take effect immediately, are correctly set out above.

Accept, Excellency, the assurances of my highest consideration.

Sd/-
HARISHWAR DAYAL,
Ambassador of India
at the Court of Nepal.

His Excellency
Major-General PADMA BAHADUR KHATRI,
Foreign Secretary,
His Majesty's Government of Nepal,
Kathmandu.


Kathmandu,
April 30 , 1964

His Excellency,

I have the honour to acknowledge receipt of your letter dated April 30, 1964 reading as follows :

“In the course of recent discussions it has been decided by our two Governments that certain clauses of the Gandak Project Agreement require amendment. The terms of this decision are as follows :

(i) It is agreed between His Majesty's Government of Nepal and the Government of India that Clause 10 of the Gandak Irrigation and Power Project Agreement entered into on December 4, 1959, shall be deleted and clause 9, shall be modified and shall hereafter read as under :

“Clause 9. Protection of Nepalis Riparian Rights :

“His Majesty's Government will continue to have the right to withdraw for irrigation or any other purpose from the river or its tributaries in Nepal such supplies of water as may be required by them from time to time in the Valley.

For the trans-Valley uses of Gandak waters, separate agreements between His Majesty's Government and the Government of India will be entered into for the uses of water in the months of February to April only.”

(ii) The following shall be added under clause 7 (v) :
“Also the head regulator of the Don branch canal shall be operated by His Majesty's Government keeping in view the irrigation requirements of areas irrigated by this branch canal in India and Nepal”.

I shall be grateful to have your confirmation that the amendments agreed upon, which will take effect immediately, are correctly set out above.”

I hereby confirm that this correctly sets out the agreed amendments, which are to take effect immediately.

Accept, Excellency, the assurances of my highest consideration.

Sd/-
PADMA BAHADUR KHATRI
Foreign Secretary
His Majesty's Government of Nepal.

His Excellency
Shri HARISHWAR DAYAL,
Ambassador of India at the
Court of Nepal, Kathmandu.

APPENDIX II

SCHEDULE OF WATER REQUIREMENTS OF THE GANDAK PROJECT IN CUSECS
(Vide clause 9 of the original agreement signed on December 4, 1959)


Months Western Canal system and power house in Nepal Eastern Canal system and power house in India Total
January 6960 4540 11500
February 6100 3900 10000
March 5960 3690 9650
April 5760 4340 10100
May 8270 7980 16250
June 11190 14000 25190
July 15240 13980 29220
August 14980 14000 28980
September 14980 14000 28980
October 16060 14110 30170
November 11070 13240 24310
December 10410 9290 19700


India Bilateral

Ministry of External Affairs, India


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