‘Persia – especially Seistan’ [‎147v] (293/949)

further disputes arising from abnormal deficiency of water in the Helmand in
1902 . This led to the present reference to the arbitration of the British Govern
ment.
6. The condition under which the present arbitration has been agreed to by
the Governments of Persia and Afghanistan is that the award should be in
accordance with the terms of Sir Frederick Goldsmid’s award.
7 . In framing my award I am, therefore, restricted by the above condition.
8. Sir Frederick Goldsmid’s award on the w r ater question was as follows :—
“ It is to be clearly understood that no works are to be carried out on either
side calculated to interfere with the requisite supply of irrigation on both
banks of the Helmand’'. Her Majesty’s Secretary of State for Foreign Affairs,
in his capacity of final confirming authority of that award, further laid down,
The exact wording of that ruling is not here in 18 / 3 , that the abo^ G clause should not
be understood to apply either to existing
canals, or to old or disused canals that
it may be desired to put in proper repair,
nor would it interefere with the excava
tion of new canals, provided that the
requisite supply on both banks is not
diminished.
quoted. In view of Sir K. Goldsmid’s definition
“ requisite supply for irrigation on both banks (if the
Helmand ”, it appears justifiable to read the Secre
tary of State’s ruling in the same light.
The difficulty of not doing so will be seen by the
further explanation of this definition given in para
graph 8 of preliminary remarks of Draft B. If
considered preferable, paragraph 8 of Draft B might
be used here.
A. H. McMahon.
9 . The above award is so definite that it is unnecessary to define it
further, and I, therefore, give the following award :—
Awar l.
1. No irrigation works are to be carried out on either side calculated to
interfere with the requisite supply of water for irrigation on both banks of the
river, but both sides have the right, within their own territories, to maintain
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..
2 . To enable both sides to satisfy themselves that this award is being com
plied with, a British officer of irrigation experience should be appointed as
permanent arbitrator in Seistan. He will give an opinion, when required by
either party, on any case of doubt or dispute over water questions that may arise.
I have here attempted to define his duties and P£ e will, when neCCSSary, take steps to
limit his responsibilities. i • i x? i. e / i.v
a. h. McMahon. bring the real tacts ot any case to the
notice of the Government concerned. He will be able also to call the attention
of either party to any important indications of threatening danger to their
water supply arising from natural causes or their own irrigation works. To
enable this officer to properly fulfil the
functions of his office, free access should
be given to him, by either side, to the
Helmand river and its branches and the
heads of canals leading therefrom.
3 . 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 from 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-Pariun somewhat lower down that
stream, Persia should (as lias been done before) allow Afghanistan right of
way for a canal through Persian territory from that band to the Nad Ali
channel.
4 . * It will be
It is a question for consid'ration whether this
stipulation should form part of the award, or he
settled in subsequent communication with the
Afghan and Persian Governments
A. H. McMahon.
noted that the rights to the Helmand water,
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
* This clause applies with greater effect to the
other draft awards.
A. H. McMahon.