‘A collection of treaties, engagements and sanads relating to India and neighbouring countries’ [‎284] (301/578)

284
AFGHANISTAN—NO. XXII-1905.
river, have arisen since 1872. My enquiries show that these have, until recently,
always been mutually and amicably settled by the responsible officials concerned
on both sides, i.e., the Governors of Seistan and Chakhansur. These officials,
who thoroughly understood each other’s water requirements, have always shown
great tact and skdl in settling water disputes to the mutual satisfaction of both
countries.
4. Unfortunately of recent years, whatever may have been the cause, and
whether this was due to the changes in the course of the main stream, or to more
strained relations, the amicable settlement of water difficulties has been found
to be no longer possible. A series of small, and in themselves unimportant, water
questions arose between 1900 and 1902, which, by reason of estranged relations,
caused mutual misunderstanding and increased ill-feeling, until matters were
brought to a crisis by further disputes arising from abnormal deficiency of water
in the Helmand in 1902. This led to the-present reference to the arbitration of
the British Government.
5. The condition under which the present arbitration has been agreed to by
the Governments of Persia and Afghanistan is that the award should be in accord
ance with the terms of Sir Frederick Goldsmid’s award.
6 . In framing my award I am, therefore, restricted by the above condition.
7. Sir Frederick Goldsmid’s award on the water question was as follows
It is to be clearly understood that no works are to be carried out on either side
calculated to interfere with the requisite supply of irrigation on both banks of the
Helmand.” Her Majesty’s Secretary of State for Foreign Affairs, in his capacity
as the final confirming authority of that award further laid down in 1873 after
consulting General Goldsmid, that the above clause should not be understood to
apply either to existing canals or to old or disused canals that it may be desired
0 put in proper repair, nor would it interfere with the excavation of new canals,
provided that the requisite supply on both banks is not diminished.
8 . The above award is so definite that it is unnecessary to make any attempt
to define it further, except on one particular point. This award provides that
Fersia has a right to a requisite supply of water for irrigation. In order to prevent
future misunderstandings, it only remains to define what amount of water fairly
represents a requisite supply for Persian requirements.
u ^ivr- Care ^ an< ^ ex h a ustive measurements, observations, and enquiries
made by this Mission in Seistan, the following facts have been clearly established
. {a) Sei f an suffe rs more from excess than deficiency of water. Far more loss
is caused by damage done to land and crops year after year by floods, than is
caused by want of water for irrigation.
1 ^ L^ n ° n ^ ^ er y f ew exce ptional abnormal years of low river has any question
o sufficiency of water arisen in Seistan, and then Afghan Seistan has suffered
equa y with Persian Seistan. Moreover, questions as to the sufficiency of water
on y prove serious when the spring crop cultivation is concerned, when the river
owest, ^,e., between the autumn and spring equinoxes, yet it has been