The Teesta River, crucial for Bangladesh and its million people, is nearly dead due to siltation and reduced flow. Years of neglect have damaged the ecosystem, threatening livelihoods and biodiversity in Bangladesh's north. Despite its importance, India controls most of the river's water, leaving Bangladesh with little. 

The longstanding issue came into fresh discussion following Prime Minister Sheikh Hasina’s visit to New Delhi last week during which she held bilateral talks with her Indian counterpart Narendra Modi on River Teesta and the 1996 Ganga Water Treaty.

But like before West Bengal’s Chief Minister Mamata Banerjee objects and slams India’s central government for the Teesta deal discussion without involving West Bengal, through which the Teesta flows before reaching Bangladesh. However, the center claimed that West Bengal was kept informed. Meanwhile, Prime Minister Sheikh Hasina has said that the disputes between Mamata and Modi’s government are "India's domestic" matter. She said that even if the Ganges water-sharing treaty is not renewed, the agreement will continue.

However, there was no clear assurance on when the Teesta River Water treaty would be finalized or signed, fact shows, that it was drafted, vetted and ready for signature in 2011 when India’s former Prime Minister Manmohan Singh visited Dhaka. According to the pact, discussed under the Manmohan Singh-led UPA government, India would get 42.5 percent of the Teesta’s waters and Bangladesh 37.5 percent during the dry season. But it was scuppered at the last moment by Mamata Banerjee.

Narendra Modi's government committed to signing the accord several times. During his first visit to Bangladesh in 2015, Modi said, "Our rivers should nurture our relationship, not become a source of discord…Water sharing is, above all, a human issue…I am confident that with the support of state governments in India, we can reach a fair solution on Teesta and Feni Rivers." Despite Bangladesh's continuous efforts, the issue has remained unresolved for decades, which has become a major source of frustration between the people of the two neighboring countries.

Why a Teesta water-sharing treaty remains elusive

The Teesta water-sharing treaty remains elusive for two main reasons:

• The complex center-state relationship between West Bengal and Delhi makes it nearly impossible for India's central government to sign a treaty without West Bengal's approval.
• West Bengal diverts a significant amount of Teesta's flow for irrigation.

On June 24 this year, West Bengal Chief Minister Mamata Banerjee wrote to Prime Minister Narendra Modi, objecting to the central government's unilateral discussions without consulting the state. She argued that such actions were neither acceptable nor desirable.

The central government countered this claim, stating that on July 24, 2023, they appointed a Chief Engineer from West Bengal to a committee reviewing the India-Bangladesh Ganga Waters Treaty and formulating India's post-2026 strategy.

Despite these assurances, Banerjee fears Bengal might lose its key water resources. She accuses the central government of selling Bengal's water through hydropower projects on the Teesta and neglecting necessary dredging at Farakka, affecting the Kolkata port. Banerjee stated, "There is no water in Teesta, yet water is being given to Bangladesh without consulting us."

The Teesta River's geography contributes to the complexity of the situation. It features a network of small channels and islands formed by Himalayan sediment deposits. This leads to frequent floods and erosion during monsoons and water scarcity in dry seasons.

A report by thethirdpole.net, citing an internal West Bengal government document, reveals that during the lean season, the Teesta has only about one-sixteenth of the water needed for dry season paddy cultivation.

But where are the Teesta waters? The flow of the Teesta River in Bangladesh has declined significantly due to the development of various infrastructures in the upstream areas of India, including dams, barrages, and hydropower structures. While these infrastructures have increased water availability in India, they have also disrupted the flow and altered the natural hydrological regime, affecting water availability downstream in Bangladesh. According to a study conducted by the Bangladesh Water Development Board, the average annual flow of the Teesta at the border point of Dalia was 6,710 cusecs (cubic feet per second) prior to the construction of the Gazaldoba barrage in West Bengal which decreased to 2,000 cusecs after the barrage went into operation in 1995. The minimum flow during the lean season dropped from 1,500 cusecs to as low as 200-300 cusecs, which is far below the required level. The groundwater level in the Teesta basin has fallen by about 10 meters over the last decade due to reduced surface water flow and increased groundwater use for irrigation. 

Media reports that the West Bengal government was moving most of the Teesta water away from the river at the Gajaldoba barrage, and moving it to the Mahananda river through a link canal. The Mahananda flows through West Bengal and Bihar before merging with the Ganga a little upstream of the Farakka barrage. West Bengal is also planning to dig two new canals to divert more water from the river for irrigation and set up two hydropower projects on a tributary of the river. According to these plans, as reported by The Telegraph, a 32km canal to draw water from the Teesta and the Jaldhaka rivers will be dug till Changrabandha of Cooch Behar district, and another 15km canal will be dug on the left bank of Teesta. Two dams named Teesta Low Dam Project (TLDP) I and II will be set up on the Bara Rangeet River to produce 71MW of electricity.

This water diversion is a violation of all international norms of transboundary river water management, as well as India's commitment. India in March 2010 committed that "the Indian side would not construct any major structure for diversion of water for consumptive uses upstream of (Gajoldoba) barrage except minor irrigation schemes, drinking water supply and Industrial use"

Is Mamata Banerjee the only barrier to a Teesta deal?

Mamata is putting a barrier in the deal but is she only responsible for India's failure to sign the agreement? 

Imtiaz Ahmed, professor of international relations at the University of Dhaka, calls this idea a "myth." 

"Teesta water flows down from Sikkim, and more than 20 hydro dams are being built there. They will say dams are no big issues because they eventually release water. But in reality, it is estimated that a dam hampers 5 to 7 percent of water flow,” he said. Ahmed suggests that Sikkim's role in water management should be part of the discussion.

Ainun Nishat, a professor emeritus at Brac University, has been part of many Indo-Bangladesh water-sharing discussions. He was one of the proponents of the Ganges Treaty signed in 1996. He told the media that bringing only West Bengal for that matter is an "over-valuation of what's happening in Kolkata." 

Although Indian politicians maintained a narrative that the central government cannot bypass one of its states to make a treaty with Bangladesh, the Indian constitution is actually not strictly federal. 

As per the Indian constitution, in the event of a conflict between the Union and State laws on concurrent subjects, the state must give way to the Union to the extent of such contradiction. Unlike the strictly federal system of the United States or Australia, the residual power in India, i.e. power to enact laws on subjects lies with the Centre and not with the States. 

Under Article 253 of the Indian constitution, Parliament can make laws even on the State List to comply with the international agreements to which India is a party. The States cannot oppose such a move.

The Article reads, "Legislation for giving effect to international agreements- Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body."

Why India must sign a long-pending treaty soon?

India's reluctance to sign the Teesta River agreement is straining its relationship with Bangladesh, a trusted regional ally. This hesitation undermines the spirit of neighborliness between the two nations.

While Bangladesh and India are said to be experiencing a golden age in their bilateral relations, the unresolved Teesta issue threatens this harmony. Bangladesh, facing growing domestic water demands, is eager to solve the Teesta River distribution problem. Prime Minister Sheikh Hasina has shown a strong commitment to resolving this issue.

India should be aware that if it delays too long, Bangladesh may seek alternative solutions. Already, being a member of China's Belt and Road Initiative (BRI), Bangladesh evaluating a Chinese hundred-billion-dollar proposal to conserve Teesta River water. India also showed its interest. 

The situation calls for immediate action from India to address the Teesta dispute. Resolving this issue promptly would not only strengthen the bilateral relationship but also prevent potential complications arising from China's growing influence in the region.

India must recognize the urgency of the matter and take decisive steps to finalize the Teesta agreement. This would demonstrate India's commitment to its neighborly ties and solidify its position as Bangladesh's preferred partner in regional affairs.

Ultimately, a swift resolution to the Teesta issue would benefit both nations, reinforcing their alliance and ensuring continued cooperation in other areas of mutual interest.