Inter State Water Disputes; Case Study - Krishna River Water Dispute
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Inter State Water Disputes; Case Study - Krishna River Water Dispute

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Inter State Water Disputes In India, Case Study On Krishna River Water Dispute KWDT

Inter State Water Disputes In India, Case Study On Krishna River Water Dispute KWDT

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Inter State Water Disputes; Case Study - Krishna River Water Dispute Inter State Water Disputes; Case Study - Krishna River Water Dispute Presentation Transcript

  • Inter State Water Disputes in India By Sudheer Sana (CS10B050)
  • Contents ➢ Introduction ➢ Water Disputes present in India ➢ Constitutional Provisions ➢ Formation of Tribunal ➢ Case study : Krishna River Water dispute ➢ KWDT-I Award ➢ KWDT-II Award
  • Introduction ● ● India is mainly depends on Agriculture. There are Multi purpose projects and irrigation projects constructed across the rivers for the efficient supply of water for the agricultural purposes. So, the sharing of river water resources plays an important role for the welfare of the people. What are Interstate water disputes ? ● Disputes arising among the states in sharing the river water.
  • Water Disputes in India ● ● Many river water disputes have erupted since independence. As per the Inter-State River Water Disputes Act, 1956 (ISRWD Act, 1956) when the water dispute arises among two or more State Governments, the Central Government receives a request under Section 3 of the Act from any of the basis States with regard to existence of water dispute. The status of such inter-State water disputes under ISRWD Act, 1956 is followed in the next slide
  • River(s) States Date of Constitution of Tribunal Date of Award Krishna Maharashtra, Karnataka, Andhra Pradesh April 1969 May 1976 Godavari Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh, Orissa April 1969 July 1980 Narmada Rajasthan, Madhya Pradesh, Gujarat, Maharashtra October 1969 December 1979 Cauvery Karnataka, Kerala,Tamil Nadu and union territory of Pondicherry June 1990 Febrauary 2013 Krishna Maharashtra, Karnataka, Andhra Pradesh April 2004 December 2010 Model/Mandovi/ Mahadayi Goa, Karnataka and November 2010 Maharashtra Pending Vansadhara Andhra Pradesh, Orissa Pending June 2009 Source : Ministry of Water Resources, Govt of India
  • Constitutional Provisions ● According to the article 246′s seventh schedule of the constitution consists of three lists of subject matters. 1) Union List 2) Concurrent List 3) State List ● Water as entry 17 is in State List : Water, irrigation and canal, water development and Storage are a state subject.
  • Constitutional Provisions ● ● Water as entry 56 is in Union List : Regulation and development of water under the control of the union is declared by parliament by law to be expedient in the public interest. Article 262 explicitly grants parliament the right to legislate over the matter in Entry 56 and also gives primacy over the Supreme court.
  • Formation of Tribunal ● ● The water disputes arose among the two or more states, the central government receives a request from the state governments under section 3 of the Interstate River Water Disputes Act (ISRWD) with regard to the existence of water dispute. According to this act, first it will try to settle the problem with negotiations with the states and later the central government refer to a tribunal which consists of former supreme court judges and they gives the final award to the central government after proper studying of dispute.
  • Krishna River Water Dispute-History ● ● ● ● Krishna river is third longest river in India after Ganges and Godavari rivers.It starts from Maharashtra flows through karnatka and joins in Bay of Bengal at Hamasaladeevi, Andhra Pradesh. This dispute was there since the colonial times and the states are sharing the water resources based on the following agreements. The 1892 agreement between the Mysore Princely State and the Madras Presidency the 1933 agreement between the Hyderabad Princely State and the Madras Presidency.
  • Krishna River
  • Formation of KWDT ● ● ● The state governments of Maharashtra, Karnataka and Andhra Pradesh sent the requests to the central government about the dispute in the sharing of the Krishna water Central government set up a tribunal in 1969 under the state water disputes Act 1956 to resolve the dispute This tribunal was headed by Justice R.S.Bachawat a former judge of Supreme Court
  • KWDT – I ● Challenge faced by KWDT -I : Estimating the dependable flow in the river ● For estamating the dependable flow, the data has to be there for atleast 50 years. So they used stream flow data for analysis.
  • KWDT – I Award ● The KWDT gave its award in 1973 ● Tribunal report detailed two schemes ● ● ● Scheme A : this scheme pertained to the division of the available waters based on 75% dependable flow of Krishna water at Vijayawada Scheme B : this scheme recommended ways to share the surplus waters For the final award scheme A was selected and published in May 1976
  • KWDT – I Final Award ● As per this award, 75% dependable flow of krishna water at vijayawada was assessed as 2060 TMC(Thousand Million Cubic) Allocation of Krishna water by KWDT among three states State Allocation in TMC Maharashtra 560 Karnataka 700 Andhra Pradesh 800 Total 2060
  • The KWDT addressed issues ● The KWDT had to treat already existing uses of river water in the states and its classified three cutoff dates and their corresponding uses as the following: 1) All projects in operation or under construction before 27 July 1951 were treated as ‘ protected use ’. 2)All projects commenced or completed between July 1951 and September 1960 were treated as ‘ preferential use ‘ 3)Any project after September 1960 was treated as ‘ new use ’
  • Continue... ● ● ● Among these uses, the first two uses were deducted from dependable flow while allocations were decided and KWDT applied equal apportionment principles for the third use. There was another issue about Andhra Pradesh’s alleged over appropriation of Krishna waters. The other two states Maharashtra and Karnataka complained about the issue and they want AP to divert Godavari river water in orders to maintain the equity in the allocation of resources. The over appropriation of Krishna water for Andhra Pradesh comes under ‘protected use’. So, KWDT doesn’t agreed the statement of Maharashtra and Karnataka and refuses for converting of Godavari water in its allocation.
  • The Almatti Dam Dispute ● ● ● ● It is part of Upper Krishna Project The Bachawat Tribunal stated that karnataka had proposed to complete the Almatti dam in the second stage without specifying the exact full height The central water commission had given clearance to build the almatti dam to a height of 519m Karnataka government interpreted the Bacchawat award to mean the full height of the project as it had proposed and they increased the reservior level to 524.25m
  • Review of the KWDT-I Award & formation of KWDT -II ● ● ● ● KWDT – I provided for a review of its award after 31 may 2000 No review was taken up for more than 3 years KWDT – II was constituted by Govt of India following the requests by all three states in april 2004 This tribunal started its proceedings from July 2007
  • KWDT -II Tribunal ● A 3 member tribunal headed by Justice Brijesh Kumar ● This tribunal gave its award on 31st December 2010 ● ● ● The award is given based on 65 % dependability by considering the past years data of flow of water This award is valid upto 31st may 2050 This can be revised by a competent authority or tribunal in the future time
  • KWDT-II Award ● The following table gives the allocation of water to the states State TMC Maharashtra 666 Karnataka 911 Andhra Pradesh 1001
  • KWDT -II Award ● ● ● This award not objected to the increased height of Almatti dam from 519m to 524.25m, which increases the storage capacity of the dam The head of tribunal asked the central government of India for the establishment of “Krishna water Implementation Board” This award directed all the states to contribute 3.30 TMC feet of water by each state to Chennai city for drinking water between July and October and 1.70 TMC feet distributed in four equal instalments between January and April
  • Controversies on KWDT-II Award Maharashtra ● ● ● Maharashtra is happy because they are getting 100TMC more water than the previous allocation Raising the height of almatti dam is not good for them, because it may increase the floods in Kolhapur, Satara and Sangli Maharashtra had demanded that the computation of water availability be based on 50% dependability, but the tribunal fixed it at 65%
  • Controversies on KWDT-II Award Karnataka ● They are happy with the award by KWDT-II ● Increment of Almatti dam height got accepted ● More TMC of water allocated than the previous allocation
  • Controversies on KWDT-II Award ● ● ● ● ● ● Andhra Pradesh This award allocated highest share of Krishna river to Andhra Pradesh Not happy in the increased height of Almatti dam because it can create problems in supply of water to the major projects Lagadapati Raj Gopal (Member of Parliament) from andhra pradesh mentioned this problem in loksabha He mentioned there is no enough suppy of water from the upper stream regions during the 2001, 2002, 2003 years when the height of almatti dam is 519m Now KWDT – II award accepted the increased height of Almatti dam and the state will have to be at the mercy of upper riparian state Karnataka
  • Conclusion ● ● ● KWDT-II award can be revised by a competent authority or tribunal in the future time No case can be filed against the award of the tribunal One more tribunal may form if Telangana state is formed for sharing the Krishna water resources between the Andhra Pradesh and Telangana
  • References http://articles.timesofindia.indiatimes.com/2010-1230/india/28266513_1_tmc-surplus-water-cent-dependability ➔ http://www.nih.ernet.in/rbis/india_information/Krishna%20Water %20Dispute%20Tribunal.htm ➔ ➔ http://www.irrigation.ap.gov.in/kwdtaward.html http://www.thehindu.com/news/national/andhra-pradesh/krishnatribunal-grants-highest-share-of-waters-to-ap/article1018273.ece ➔ http://swapsushias.blogspot.in/2011/08/krishna-water-disputestribunal.html#.UnoOakNyScM ➔ ➔ http://india-wris.nrsc.gov.in/wrpinfo/index.php?title=Krishna http://wrmin.nic.in/index3.asp?subsublinkid=374&langid=1&sslid =391 ➔
  • Thank You !!! Any Questions ?