File 1880/1904 Pt 1 'Perso-Afghan Frontier: - Seistan Arbitration.' [‎61r] (126/520)

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Telegram, No. 832, dated (Robat) the 10th November 1904.
From— Colonel A. H. McMahon, C.S.I., C.I.E , British Commissioner, Seistan
Arbitration Commission, Seistan,
To—The Foreign Secretary, Simla.
Your telegram 4258 E„ 5th November. I fear Persia will loudly dissent at
division of water stated in terms of volume of river at Band-i-Kohak, because
Persians know that they already enjoy half, or more, of whole river at and
below that place, whereas they do not, and are never likely to, know volume
at Bandar-i-Kamal Khan, or, therefore, what proportion of that they have
hitherto enjoyed. Again, if Kohak is defined as place where river enters
Seistan, as proposed in paragraph 10 C, Persia will claim half of the river
which forms her boundary at and below that place. The Kohak band alone,
while in working order from September to December, always draws off at
least half of river, and, under above definition, Afghanistan in future will be
able to object to this. I see no way of disposing of these two difficulties
except by either defining Persian share in terms of volume higher up river, as
in my draft award, or granting Persia half the river (that reaches the ?) Band-i-
Kohak.
Please see my telegram No. 831 of today, quoting Amir’s instructions
to Afghan Commissioner about Band-i-Kohak. This forebodes protest against
clause 3 of my draft award A, which now forms clause 4 of proposed award.
It is impossible to say how long reconstruction of band on the present site
will remain possible, but, sooner or later, it must become impossible. A new
site could be found a few yards higher up stream, and it would take very
many years before the band works its way by short stages up through the
half mile above present site which admits of its construction. Perhaps this
point could be satisfactorily explained to the Amir and settled at Kabul.
The Persians have not yet realised dangers to present band site, and have said
nothing on the subject; but for future credit of this arbitration, I would like
this clause to be retained, if possible.
Telegram, No. 4374 F., dated the 12th November 1904.
From—The Foreign Secretary, Simla,
To— Colonel A. H. McMahon, C.S.I., C.I.E., British Commissioner, Seistan Arbi
tration Commission.
Your telegrams of 10th November. Your desire to retain clause 4 of
award will be remembered, but Amir’s letter shows that there is no chance of
his agreeing to construction by Persians of canals in Afghanistan. Wording
of telegram about water award is not quite understood. Our view is that, as
Persia, & on Goldsmid’s award, is only entitled to enough water for existing
cultivation, she is very well treated in getting one-third of present volume of
river at frontier near Band-i-Kohak. If she is contented with half of volume
of water that may reach that point, and no restrictions are placed on Afghan
use of water up stream, this would, of course, be much more satisfactory
solution from Afghan and Indian point of view. The argument that Persia
is entitled to half the water below Band-i-Kohak, in addition to what enters
Kud-i-Seistan, on the ground that she owns one bank of the river would com
pletely ruin her case, as, on a parity of reasoning, Afghanistan would at once
claim all the water above the Persian frontier, as she owns both banks of the
stream. Your detailed argument is awaited.