'Seistan. Revenue Report and Notes of the Perso-Afghan Arbitration Commission, 1902-1905. Volume II. Part V - Appendices and Glossary.' [‎11r] (26/380)

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App. 3 .] 339
Clause VI. —The maintenance of the Band-i-Kohak is of great importance
to 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 Rud-i-Seistan.
Similarly, should it become necessary for Afghanistan to move the present
Shahgul band across the Rud-i-Parian somewhat lower down the 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 to 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.
Covering letter from the British Commissioner ) Seistdn Arbitration Commission,
to the Afghan Commissioner, dated i6tk April igog.
After compliments, —I hereby hand over to you, for delivery to His Highness
the Amir, my arbitral award on the subject of water. It is written on parchment,
and bears my signature.
This question is considered of such importance, and such conflicting
opinions regarding it are entertained by both sides, that it is hardly likely that
any arbitral award, whatever it may be, will be entirely pleasing to both parties
concerned.
I have endeavoured to safeguard the requirements of Persia without injury
to the rights of Afghanistan.
The terms of the award are clearly expressed, and I do not think that they
require further explanation by me.
The clause relating to the possible necessity for some day moving the Band-
FSeistan a short distance further up the river applies equally to the possible
necessity of moving the Afghan band now near Shahgul, a short (distance) into
Persian territory. The Helmand has long shown signs of taking a new course to
the west of the present Rud-i-Parian towards Khadang. When it does so, the
only means of filling the Nad Ali channel may be by means of a short canal
through Persian territory.
I sincerely hope that my award will remove future dangers of disputes and
ill-feeling regarding water between the people of Afghanistan and Persia in
Seistan. Water questions, however small, are apt to give rise to excitement and
ill-feeling, and, as you know from your long experience of these matters, the only
way of settling them satisfactorily is to do so in the mutual and amicable spirit
which has characterised the settlement of past disputes for many years, and, until
quite recently, between yourself and the Persian Governor of Seistan. I have
every hope that the same good spirit will continue to be shown on both sides in
future in Seistan.
The presence in Seistan of an impartial officer of experience in water ques
tions, as provided in my award, is very desirable in order to prevent small ques
tions’being made, through mischievous misrepresentations and exaggeration into