‘A collection of treaties, engagements and sanads relating to India and neighbouring countries’ [‎286] (303/578)

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AFGHANISTAN—NO. XXIIT—1919.
Clause VI. —The maintenance of the Band-i-Kohak is of great importance
t o the welfare of Persian Seistan. It is possible that the deepening of the river
bed at and below the site of the present band may necessitate moving the band
a short distance further up the river. Afghanistan should allow Persia to move
this band, if necessary, and grant Persia the right to excavate the short canal
required for such new band through Afghan territory to the Bud-i-Seistan.
Similarly, should it become necessary for Afghanistan to move the present
Shahgul Band across the Rud-i-Pariun somewhat lower down that stream, Persia
should (as has been done before) allow Afghanistan right of way for a canal through
Persian territory from that band to the Nad Ali Channel.
Clause VII. —It will be noted that the rights to the Helmand river which
her geographical position naturally gives to Afghanistan as owner of the Upper
Helmand, have been restricted to the extent stated above in favour of Persia in
accordance with Sir Frederick Goldsmid’s award. It follows, therefore, that
Persia has no right to alienate to any other Power the water rights thus acquired
without the consent of Afghanistan.
Clause VIII. —I cannot close this award without a word of warning do both
countries concerned. The past history of the Helmand river in Seistan shows
that it has always been subject to sudden and important changes in its course,
which have from time to time diverted the whole river into a new channel and
rendered useless all the then existing canal systems. Such changes are liable to
occur in the future, and great care should, therefore, be exercised in the opening
out of new canals, or the enlargement of old canals leading from the Helmand.
Unless this is done with proper precaution, it may cause the river to divert itself
entirely at such points and cause great loss to both countries. This danger applies
equally to Afghanistan and Persia.
Camp Kohak, A. H. McMahon, Colonel,
The 10th April 1900. British Commissioner,
Seistan Arbitration Commission.
No. XXIII.
Treaty op Peace between the Illustrious British Government and the In
dependent Afghan Government, concluded at Rawalpindi on the 8th August
1919, corresponding to the 11th Ziqada, 1337 Hijra.
The following Articles for the restoration of peace have been agreed upon by the
British Government and the Afghan Government:
Article 1.
From the date of the signing of this Treaty there shall be peace between the
British Government, on the one part, and the Government of Afghanistan or
the other.