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Inter-State River Water Disputes in India


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Inter-State River Water Disputes in India

  1. 1. Department of Geography Patna UniversityInter-State River Water disputes in India For M.A.(Final) Seminar, 15th July 2011 Anmol Utsav Roll no.01 M.A. (Final) Patna University
  2. 2. Water Resources of India In Billion cubic meter Share in World WaterTotal Precipitation : 4000 Resources 4%Total Water Availability : 1869 India (4% of World Water Resources)Total Utilizable Water : 1123 96% Rest World Surface Water : 690 Ground Water : 433 Total Utilisable WaterTotal River Basins : 113 Large : 14 39% Surface Water 61% Medium : 44 Ground Water Minor : 55 Source: India 2010, MIB, Govt. of India
  3. 3. Stress and Scarcity Level Per Capita Availability(Cubic meter per capita per year) 6000 5000 Water Availibilty 4000 3000 Water Stress Line Water Scarcity Line 2000 1000 0 1951 1991 2001 2025 2050 Per Capita Water Availability : 1800 Cubic meter per year Source: Ministry of Water Resources, Govt. of India
  4. 4. Inter-State River Water disputes CAUSES River doesn’t follow political limits Uneven distribution of Water resources Increasing Rainfall variability and frequent draughts Increasing demand of river water Regionalization of the national polity
  5. 5. Major Disputes and Present Status Date of Constitution of River(s) States Date of Award TribunalKrishna Maharashtra, Andhra April 1969 May 1976 Pradesh, KarnatakaGodavari Maharashtra, Andhra April 1969 July 1980 Pradesh, Karnataka, Madhya Pradesh and OrissaNarmada Rajasthan, Madhya October 1969 December 1979 Pradesh, Gujarat, MaharashtraCauvery Kerala, Karnataka, Tamil June 1990 Report u/s 5(2) received Nadu and Union 5.2.2007 Territory of PondicherryKrishna Karnataka, Andhra April 2004 Report u/s 5(2) pending Pradesh and MaharashtraModel/ Goa, Karnataka and Under Construction -Mandovi/Mahadayi/ MaharshtraVansadhara Andhra Pradesh & Under Construction - Orissa Source: Ministry of Water Resources, Govt. of India
  6. 6. Dispute Settling Mechanism Constitutional ProvisionsEntry 17 in the State List : Water, irrigation and canal, water development andStorage is a state subject, but qualified by Entry 56 in the Union ListEntry 56 in the Union List: Regulation and development of water under thecontrol of the union is declared by parliament by law to be expedient in thepublic interest.Article 262: Explicitly grants parliament the right to legislate over the matter inEntry 56 and also gives primacy over the Supreme court. Inter-State River Water Dispute Act (ISRWD),1956 Include provisions for the establishment of tribunals to adjudicate where direct negotiations have failed Centre has been entitled with the power of establishment of tribunal and confirms the enforcement of the adjudication of tribunal
  7. 7. Methods of Resolution STATE 1 State 2 State 1 State 3 CENTRE (if asked NEGOTIATION STATE 2 Tribunal for) Eg. The Godavari Water Disputes Tribunal, STATE 3 Krishna River Water Disputes Tribunal, The Ravi & Beas Waters Tribunal, The Narmada Water Disputes Tribunal, The Kaveri Water Disputes Tribunal.Eg. Yamuna River water dispute amongDelhi, Haryana and Uttar Pradesh
  8. 8. Approaches of Resolution Sub-basin Division Approach Principle of “Equitable apportionmentThe whole river basin is divided into The proportionate share of statesSub-basins and thereafter the are decided on the basis of theirconcerned parties are allocated with respective property rights, area ofthe command of Sub-basin lying drainage, investments, uses andwithin their area. total volume of water in the river.Eg. Indus Water Treaty, 1960 between Eg. The award of Kaveri WaterIndia and Pakistan. India has rights Tribunal :-over three eastern rivers (Ravi, Beas State Allotted water (TMC ft)& Satluj) and Pakistan over Western Tamil Nadu 419rivers (Chenab, Jhelum and Indus) Karnataka 270 Kerala 30Similar, approach was taken in Puducherri 7Godavari river dispute among Reserved 10Maharashtra, Karnataka, Andhra Sea discharge 4Pradesh, Madhya Pradesh and Orissa) Total 740
  9. 9. Loopholes and Solutions PROBLEMS SOLUTIONS Declaration of water as aProperty Rights Issues national property State government allowed to Plethora of actors be the only party Setting up of time frame Delays through laws Commissioning of an Enforcement enforcement body Experts & judges be memberPolitical Interferences rather than politicians
  10. 10. Some Other SolutionsCreation of a quasi-independent heirarchy of institutions National Water Dispute Tribunal Enforcement Dispute Perceptive Information and Resolution planning gathering maintenanceDrainage basin oriented planning like Damodar Valley Project orMurray Water Commission (Australia) Navigation and others Industrial use Ecology conservationDefining priorities of water allocation Hydropower Irrigation Drinking Water