WATER RESOURCES MANAGEMENT FROM MODULE 4 , FIRST TWO TOPICS ARE INCLUDED IN THIS PRESENTATION. , HOPE THIS IS ENOUGH ACCOURDING TO THE TOPIC

1. WATER GOVERNANE AND WATER
POLICY

2. EXISTING LEGAL FRAMEWORK AND CONSTITUTIONAL
PROVISIONS FOR WATER IN INDIA
Legal frameworks play an important
role in the management of water
resources at a range of scales- from
local and national legislation covering
domestic use to international treaties
that govern waters shared by
sovereign nations.

3. Water law serves three key functions:
It defines and identifies the legal rights and obligations of
public and private water users tied to water use (broadly
defined) and provides the prescriptive parameters for resource
development and management to promote the public interest
It provides tools for ensuring the continuous integrity of the
regime that is, through governance structures, mechanisms for
monitoring, evaluating and facilitating compliance, and dispute
prevention, and settlements .
It allows for modifications of the existing regime, in order to be
able to adapt to changing needs and circumstances

4. Legal frameworks (national and international) are an important
and integral part of effective integrated water resources
management (IWRM).
Legal frameworks, Ideally, should deal with the entire water
body all a country's or basin's water resources, whether it is
surface or ground water. Thus, legal regimes should be
devised at a range of scales from internasional (where the
water body is shared by more than one State, regional(where
regional legal regimes apply, such as, for example, within the
European Union), and national (ie. within nation States, where
domestic legislation applies).
Legal frameworks should be transparent, flexible and capable
of evolving to meet changing circumstances. Water laws
should recognise the access to water as a human right (UN
General Assembly GM/10967. 28 July 2010) and water to be a
finite and vulnerable resource, an economic good, and a
natural resource having cultural, social, and environmental
values

5. Law making is a political and socio-economic
activity and should be concerned with both
efficiency and equity, Legal frameworks thus need
to take into account customary law and find ways
to reconcile customary practices and statutory
rights and obligations if they want to be effective
and equitable.
Implementation and enforcement mechanisms
should be selected to accommodate differences in
national circumstance, recognising the complexity
of water management, and be aimed at facilitating
compliance. Dispute avoidance and settlement
mechanisms are part of the
implementation/enforcement spectrum

6. the necessity of national law on water
 (1) Under the Indian Constitution water is primarily a State
subject, but it is an increasingly important national concem
in the context of:
• The judicial recognition of the right to water as a part of the
fundamental right to life.
• The general perception of an imminent water crisis, and the
dire and urgent need to conserve this source and precious
resource;
 The severe and intractable inter-use and inter-State
conflicts.
 The pollution of rivers and other water sources, turning rivers
into sewers or poison and contaminating aquifers:

7. The long-term environmental, ecological and
social implications of projects to
augment the availability of water for human
use:
(The equity implications of the distribution, use
and control of water,
 The International dimensions of some of
India's rivers, and
The emerging concerns about the impact of
climate change on water and the need for
appropriate responses at local, national,
regional and global levels.

8. (2) Several States are enacting laws on
water and related issues.
These can be quite divergent in their
perceptions of and approaches to water.
Some divergences from State to State
may be inevitable and acceptable, but
extreme and fundamental divergences will
create a very muddled situation.
 A broad national consensus on certain
basics seems very desirable.

9.  (3) Different State governments tend to adopt
different legal positions on their right over the
waters of a river basin that straddles more
than one State.
 Such legal divergences tend to render the
resolution of inter-State river water conflicts
extremely difficult.
 A national statement of the general legal
position and principles that should govern
such cases seems desirable.

10. (4) Water is one of the most basic
requirements for life.
If national laws are considered
necessary on subjects such as the
environment, forests, wildlife, biological
diversity, etc., a national law on water is
even more necessary.
Water is as basic as (if not more basic
than) those subjects.

11. (5) Finally, the idea of a national water law is
not something unusual or unprecedented.
Many countries in the world have national
water laws or codes, and some of them (for
instance, the South African National Water Act
of 1998) are widely regarded as very
enlightened.
 The considerations behind those national
codes or laws are relevant to India as well,
although the form of a water law for India will
clearly have to be guided by the nature of the
Indian Constitution and the specific needs and
circumstances of this country.

12. THANK YOU