The Kosi Dam Study Agreement, signed with India during the first official visit of our then Prime Minister, G.P. Koirala, to India without prior consultation in Nepal, caused great confusion. It took several years to convince India of the Nepalese perspective of the Kosi High Dam project, including the navigation channel through northern Bihar and the implementation of the Sun Kosi Dam Project prior to the Kosi Dam Project, as these two projects would be mutually exclusive if the Kosi Dam Project were implemented first. 2. (i) INVESTIGATIONS AND PRELIMINARY INQUIRIES.-The Government authorizes and authorizes the Channel and other officials of the Union or other persons acting on the basis of the general or specific order of such agents to enter the country, if necessary, with such men, animal vehicles, equipment, installations, machinery and instruments and to carry out the necessary investigations and investigations within the framework of the said project that are necessary in advance; during and after construction, as deemed necessary from time to time by the Chief Engineer of the Department of Public Works (Kosi Project) of the Department of Irrigation of the Government of Bihar. These surveys and surveys will include air and soil surveys, hydraulic, hydrometric, hydrological and geological surveys, including the construction of boreholes for surface and underground exploration; investigations for communication and building materials; and all other studies and surveys necessary for the correct design, construction and maintenance of the dam and all related work referred to in the project. India and Nepal signed the Kosi Agreement in 1954 to regulate the flow of the river and ensure flood management. To this end, a dam was to be built on the Indo-Nepalese border and embankments were to be erected on both sides of the river. At the same time, the project is also expected to be used for power generation and irrigation. Designed to hold 9.3 lakh cusec of water, the total irrigation capacity of the dam has been estimated at 1.5 million hectares, of which about 29,000 hectares are in Nepal. The project was expected to generate KW 20,000 from the East Canal, of which about fifty percent was to be sold to Nepal. The total estimated cost of the project was Rs 450 million, entirely borne by India.
(iii) the Government authorises union officials, in the event of an accident occurring or apprehended on one of the said structures, to enter land outside the limits of the dam and related works and to carry out all the work which may be necessary to repair or prevent such an accident: in any event, the Union shall compensate the owners or residents of such property for all damages; which have been imposed on them by the Government for the purpose of awarding compensation under clause 8 of this Agreement. 2. The Committee shall meet, if necessary, in Kathmandu or the dam or at any other necessary place, at the discretion of the Committee. (ii) The Government shall have the right to use up to 50 per cent of the hydroelectricity generated at the Blackrop Generating Station against payment of the tariffs set by the Union in consultation with the Government for the sale of electricity; whereas HMG, in view of the resulting advantages, has accepted the construction of this dam, the headworks and other interconnected works by and at the expense of the Union, and whereas a formal document containing the provisions of the Agreement was launched and brought into force on 25 April 1954; There are therefore two main points of contention between India and Nepal: the issue of water rights and the issue of the management, control and operation of the dam. Given that Nepal is a high-shore state and India is a lower riparian state, it is important that the two countries try to reach a common framework of perspectives in this regard. They need to achieve a common understanding of upstream and downstream rights. The principle of equitable utilization emphasizes downstream benefit-sharing. At the same time, the exchange of information and cooperation on water issues is also an important element. With regard to the second point of contention, common mechanisms for water management and control need to be developed.
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