‘Persia – especially Seistan’ [‎146r] (290/949)

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any executive authority, as it would suffice for him to give an
opinion in each case, and, when necessary, take the requisite steps
to have the facts of any case brought to the notice of the
Government concerned. He would, in short, be a permanent
arbitrator on water questions.
( 15 ) If any definition of Persian right to water is made in the award
in favour of Persia which in any way restricts the general rights
to the Helmand which geograpl ical position has otherwise given
Afghanistan, it follows that Persia is not necessarily entitled to
alienate rights thus given to her, without Afghan consent.
( 16 ) Finally, in framing any water award, the fact must be kept care
fully in mind that, if it is to have any chance of future success,
the definition of water rights and division of water must be
worded in terms which both Afghans and Persians understand,
and which involve no new or complicated methods of calculation
or distribution. The complicated systems of division so easily
carried out by a skilled irrigation staff, elsewhere, are not at present
applicable to Seistan. Divisions of shares stated in terms of
cusecs would not be understood, and would not be workable. A
glance at the statement in paragraph 48 will show the difficulty
of this.
The Afghans and Persians of Seistan do, however, thoroughly understand
division of water in terms of shares of the total volume of a stream. In their
system of bands and canals, they have a very shrewd instinctive knowledge of
the proportion of water any channel takes off from the main stream, and of how
to alter that proportion.
70 . It now only remains to consider the form of arbitral award most
suited to meet the requirements of the
Consideration of form of water award. c ^ ge apart from other reasons, is a
matter of extraordinary difficulty owing to the attitude of the countries con
cerned. Neither are/ themselves, fully awake to the dangers which threaten
the question of water-supply in Seistan.
71 . The local Persians are stolidly indifferent on the subject, as they do
not look beyond existing conditions, and the view of Persian officialdom, if left
to themselves, is probably very accurately defined in the Shah’s own words—
“ the water has come and the matter is finished ” (vile despatch from Sir A.
Hardinge, Tehran, to the Marquess of Lansdowne, No. 180 , dated the 29 th
December 1902 , and enclosures). The Russians, however, have left nothing
undone thoroughly to alarm the Persian Government on this subject, and
hence the desire of the Persian Government, as expressed through their
Persian Commissioner, to get their future water rights clearly and definitely
safeguarded in my award. The Russians will undoubtedly continue to alarm
the Persian Government in the future. They will closely criticise any award
that may be given, and seize any opening it may afford of influencing Persia to
appeal against it.
72 . The Afghans, on the other hand, contend that no water questions are
in dispute. They claim all the Helmand above Kohak, and will resent any
attempt to restrict their supposed rights thereto. They understand the
advantage which their geograpiucal position gives them, and signs are not
wanting that they will, some day, try to score off the Persians by interfering
with their present ^water-supply. They fail to understand how their attempt
to do so may endanger their own supply.
73 . Two forms of award present themselves: one which merely reiterates
the Goldsmid award, with such definitions as may appear necessary, and which
leaves matters practically in their present condition ; another which boldly
attempts to tackle the real difficulties of the question, and, while pointing out
future dangers, does its best to provide for them.
The former is only likely to prove of a temporary nature: the latter may
have some chance of more permanent duration. Which are we to choose ?
74 . If existing conditions only are to be considered, then ^rd of the
Helmand suffices for present Persian Seistan. If future contingencies are to
be provided for, we must allow for the re-cultivation of the Tarakun and