New Delhi: 

The meeting is being held after a joint team of officials and experts from both sides concluded an on-the-spot study at the Farakka barrage in West Bengal on the flow of Ganga water from India and Bangladesh. According to a report in the Daily Star, among the sites visited by the Bangladesh delegation until Tuesday afternoon were the water levels of the Ganga downstream and the feeder canal. After the visits, the report stated, the Bangladeshi team had a long discussion with Indian officials ahead of the talks scheduled in Kolkata on Thursday.

As India and Bangladesh prepare for a crucial meeting in Kolkata on Thursday to discuss the renewal of the Ganga Water Treaty, the stakes have never been higher. With the treaty set to expire in 2026, Bangladesh is pushing for a greater share of dry-season water flow, citing worsening water shortages that have impacted agriculture and livelihoods in its southwestern districts.

However, the discussions are set against a backdrop of growing bilateral tensions sparked by the ouster of Prime Minister Sheikh Hasina in August last year and exacerbated by Bangladesh’s discontent over unresolved issues like the Teesta water-sharing dispute.

"We had an amicable discussion on certain issues and shared certain information on the flow of the Ganga water," the report quoted RD Deshpande, general manager of the Farakka Barrage Project Authority, as saying.

What is the background of the Ganga Water Treaty?

Descending from India’s northern plains, the Ganga River forms a boundary of 129 km between India and Bangladesh and flows for 113 km in Bangladesh. At Pakaur in India, the river begins its attrition with the branching away of its first distributary, the Bhagirathi River, which goes on to form the Hooghly River. About 10 km from the border with Bangladesh the Farakka Barrage, controls the flow of the Ganga, diverting some of the water into a feeder canal linking the Hooghly to keep it relatively silt-free.

There was a long-standing dispute between India and Bangladesh over the appropriate allocation and development of the water resources of the Ganga River, which flows from northern India into Bangladesh. The issue had remained a subject of conflict for almost 35 years, with several bilateral agreements and rounds of talks failing to produce results. Tensions had escalated after India constructed the Farakka Barrage in West Bengal, which became operational in 1975. The barrage was built to divert water towards the Hooghly River to reduce siltation and improve navigability for the Kolkata Port.

However, a comprehensive bilateral Ganga Water Treaty was signed by then Prime Ministers HD Deve Gowda of India and Sheikh Hasina of Bangladesh on December 12, 1996, in New Delhi. The Treaty established a 30-year water-sharing arrangement and recognised Bangladesh’s rights as a lower-level riparian.

After entering Bangladesh, the main branch of the Ganga is known as the Padma River until it is joined by the Jamuna River, the largest distributary of the Brahmaputra River, which descends from Assam in northeast India. Further downstream, the Ganga is fed by the Meghna River, the second-largest distributary of the Brahmaputra, and takes on the Meghna’s name as it enters the Meghna estuary. Fanning out into the 350 km wide Ganga Delta, it finally empties into the Bay of Bengal.

What are the key provisions of the Ganga Water Treaty?

According to the Treaty, if the availability of water is 70,000 cusecs or less, India and Bangladesh receive 50 percent each. If it is 70,000 cusecs to 75,000 cusecs, Bangladesh’s share is 35,000 cusecs while India gets the balance of flow. If the availability is 75,000 cusecs or more, India gets 40,000 cusecs while Bangladesh gets the balance of flow. Additionally, this agreement is subject to the condition that India and Bangladesh each shall receive guaranteed 35,000 cusecs of water in alternate three 10-day periods during the period March 11 to May 10.

The 1996 Ganga Water Treaty was negotiated to ensure a fair and predictable water-sharing arrangement. The Treaty establishes a water-sharing formula based on the average flow of the Ganga at Farakka during the dry season (January 1 to May 31), when water availability is crucial. Water is allocated based on a 10-day period calculation using historical flow data from 1949 to 1988.\

A joint committee was established to monitor water flow and ensure implementation. The Joint Rivers Commission (JRC), set up in 1972, plays a role in ensuring compliance and resolving disputes. If disputes arise, both countries must engage in diplomatic discussions. In case of failure, the matter is to be resolved through mutual negotiations or an agreed mechanism.

So, why are the upcoming talks on the Ganga Water Treaty significant?

"There are two other memorandums of understanding (MoUs) between India and Bangladesh on sharing of the waters of the rivers Feni and Kushiara," Rokon told. "But these are still not functional."

The talks scheduled on Thursday between India and Bangladesh will be the 86th such. With the Treaty set to expire in 2026, fresh negotiations are now required. Bangladesh has called for a more holistic water-sharing approach, considering all transboundary rivers.

Sheikh Rokon, Secretary-General of the Dhaka-based civil society organisation Riverine People, explained that the Ganga Water Treaty is the only river water sharing pact between India and Bangladesh that is functional.

He further explained that the Ganga Water Treaty is important because it is the second largest river flowing from India to Bangladesh. Though the Brahmaputra is the largest, there is no barrage upstream.

He said that the implementation of other river water treaties will be based on the Ganga Water Treaty. According to Article 9 of the Ganga Water Treaty, "guided by the principles of equity, fairness and no harm to either party, both the governments agree to conclude water sharing treaties/agreements with regard to other common rivers".

"The loophole of the Treaty signed 30 years ago is that it is centered on the availability of water at the Farakka Barrage," Rokon said. "You have to take the Ganga from source to mouth. You can’t take Farakka as the single point."

Prabir De, Professor at the New Delhi-based Research and Information System for Developing Nations (RIS) think tank, explained that the water flow of the Ganga has changed from what it was 30 years back when the Treaty was signed. "Due to climate change, Indian states like Bihar are faced with the problem of excessive flooding during the monsoon season," De said.

"Thursday’s talks offer a good opportunity for both countries to rebuild the bilateral relationship," De said. Reflecting this view, Rokon said: "From my point of view, the Treaty should be permanent and for an indefinite period of time."

At the same time, he pointed out that if the Treaty expires in 2026, India will not be under any compulsion to make fresh commitments on sharing of the Ganga waters.

Rokon also sounded a note of concern that if the flow of the Ganga water is restricted, the ecologically fragile Sunderbans delta might dry up.

To sum up, the Ganga Water Treaty remains a milestone in India-Bangladesh relations, ensuring a structured mechanism for water-sharing. While it has fostered cooperation, challenges remain, especially with seasonal water shortages and the need for a broader transboundary water-sharing framework. As the treaty approaches its expiration in 2026, both countries will need to negotiate a more comprehensive and climate-resilient agreement.

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