ISLAMABAD: Pakistan has won its case with the neutral expert for a reduction in the height of the Baglihar dam, but India gets to keep the sluice gates.

Raymond Lafitte, an expert appointed by the World Bank to resolve differences between the two countries on the power project the Indian Government is building on the Chenab in Doda district of Jammu and Kashmir, has written up a truly ``neutral'' draft determination that neither side can treat as outright victory but that allows both to show some success, according to officials here.

Indian and Pakistani representatives are meeting with the Swiss civil engineer in Washington DC this week to present before him their comments on the draft determination, which he shared with both sides last month.

According to the officials, while Mr. Lafitte will hear out both sides, he is unlikely to change anything for his final determination, expected before the year-end.

Pakistan opposes the 450 MW power project that the Jammu & Kashmir Government is building at a cost of over Rs. 4,000 crores as a violation of the 1960 Indus Waters Treaty. As the lower riparian State, it believes the dam could be used as a double-edged weapon against it.

Pakistan fears India could hold back water during a scarcity or cause flooding in Pakistani territory by releasing excess water. India says it cannot do either without hurting itself.

On Pakistan's call, the World Bank appointed a neutral expert in 2005 after bilateral negotiations failed to resolve the differences. Mr. Lafitte visited the site with a Pakistani official last October, and went over detailed representations from both sides. He also visited the IIT Roorkee to study a working model of the dam.

The officials said the draft determination favoured Pakistan on the issue of the dam's ``free board," that is the height of the dam above the maximum water line. Pakistan's contention was that the free board was too large and would enable an increase in storage while India's case is that the envisaged free board is required for safety reasons.

If India accepts the verdict, the alteration in the free board may require a redesign of the dam. Considering that the project is due to be completed in 2007, this may prove a difficult and costly verdict to implement.

The draft determination is also likely to recommend a 15 per cent reduction in the dam's planned storage of 37.7million cubic metres.

But India has won the case for keeping the sluice gates near the bottom of the dam, which it had argued were necessary to prevent the dam from getting silted over. Pakistan had objected to the location and number of outlets as another violation of the treaty.

Under the treaty, where local conditions make outlets imperative, these have to be located at the highest point "consistent with sound and economic design."

Foreign Ministry spokeswoman Tasnim Aslam said on Monday that it was ``presumptive'' and ``speculative'' to discuss the contents of the report. Asked if Pakistan would accept the neutral expert's determination, she said: ``We have said we will abide by the verdict.''

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