'SUMMARY OF THE PRINCIPAL EVENTS AND MEASURES OF THE VICEROYALTY OF HIS EXCELLENCY LORD CURZON OF KEDLESTON, VICEROY AND GOVERNOR-GENERAL OF INDIA IN THE FOREIGN DEPARTMENT. I. JANUARY 1899-APRIL 1904. II. DECEMBER 1904-NOVEMBER 1905. VOLUME IV. PERSIA AND THE PERSIAN GULF.' [‎109r] (222/386)

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the case and as the Persian Commissioner showed increasing signs of impatience,
Colonel McMahon decided to deliver the award forthwith and caused it to be for
mally handed over to the Afghan and Persian Commissioners on the 10th April
* Vide paragraphs 52-56, pages 110 and 111. -^ ie award to which WOS prefixed a
brier statement of objects and reasons*
ran as follows :—
Clause I —No irrigation works are to be carried out on either side calcu
lated to interfere with (he requisite supply of water for irrigation on both banks
of the river, but both sides have the right within their own territories, to main-'
tain existing canals, to open out old or disused canals, and to make new
canals, from the Helmand river, provided that the supply of water requisite
for irrigation on both sides is not diminished.
Clause II .— The amount of water requisite for irrigation of Persian lands
irrigable from and below the Bandd-Kohak is one-third of the whole volume
of the Helmand river which enters Seistan.
Seistan, to which Sir Frederick Coldsmid’s award applies comprises all
lands on both banks of the Eelmand from Bandar-i-Kamal Khan downwards.
Clause III—Persia is, therefore, entitled to one-third of the whole
Helmand river calculated at the point rohere water is first taken of from it to
irrigate lands on either bank situated at or below Bandar-i-Kamal Khan.
Clause IV.—Any irrigation works constructed by Afghanistan to divert
water in Seistan lands, as above defined, must allow of at least one-third of
the volume of the whole river being available for Persian use at Band-i-Kohak.
Clause V.—To enable both sides to satisfy themselves that this award is
being complied with, and, at the same time to avoid the necessity of fresh refer
ences to the British Government and the expense of special missions, a British
officer of irrigation experience shall be permanently attached to the British
Consulate m Seistan. He will be empowered to give an opinion, when required
by either party, on any case of doubt or dispute over water questions that may
arise. He will, when necessary, take steps to bring the real facts of any case to
the notice of the Government concerned. He will be able also to call the
attention of either party to any importamt indications of threatening danger to
their water-supply arising from natural causes or their own irrigation works.
To enable this officer properly to fulfil the functions of his office, free access
slmll be given to him by either side to the Helmand river and its branches and
the heads of canals leading therefrom.
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 d ; stance 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 liud-i-
Seistan.
Similarly, should it become necessary for Afghanistan to move the present
Shahgul Band across the Kud-i-Parian somewhat iower down that stream,
Persia should fas has been done before) allow Afghanistan right of way for a
canal through Persian territory f rom that band to the Nad AH 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 Tipper
JHelmand, have been restricted to the extent slated 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 Poioer 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 chan
nel and rendered useless all the then existing canal systems. Such changes