River-disputes
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India has 12 major rivers
9 of them are inter-state, in all case water in intensely fought over Example:
- Kaveri dispute between TN
and Karnataka
- Satluj in Punjab and
Haryana
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Provision
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Constitutional
- Article 262(1):
Parliament has the power to provide for adjudication of water disputes
Legal:
- Inter-state water
disputes Act 1956:
- Tribunals
- Power of civil court
- Schemes for better
implementation of its decisions
- Maintenance of data bank
and information
- Bar on Power of SC
- River boards Act: for
regulation and development
Others:
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Cauvery case
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- Cauvery tribunal awarded
verdict on 2007:
- has asked the parties to
share the deficiencies on pro-rata basis.
- But not accepted by the
parties
- Because:
- Neither the Cauvery
management board nor regulatory authoritieswere set up to
implement
- Importance of Cauvery
management Board(other such authorities)
- Proactive
- Participatory
- Regular
- accountable
- transparent
- trust and confidence
- Center has set up a
Supervisory committee on this in 2013
- SC order september 2016:
for the release of water
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Reasons
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- Natural:
- Deficit monsoon
- Climate change
- Man made:
- Water shortage due to
climate change
- Population growth
- Urbanization
- Agricultural practices
- Construction of dams (by
Karnataka)
- Administrative and
institutions: failure of mechanism
- Water management
- Failure of ISWDA:
- Delays in implementation
(Ravi-Beas case since 1986)
- Inadequate machinery and
in-capacity to enforce and implement
- Issue of Finality:
Parties often approaches SC regarding constitutional and procedural
issues like Karnataka in cauvery issues.
- Expertise: data, HR,
Finance
- Example: Neither
the Cauvery management board nor regulatory
authorities were set up to implement
- Separate tribunal for
each case
- Political:
- Regionalism, vote bank
politics
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Impact
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- Livelihood
- Regional and Sectional
conflict
- National and federal
integrity
- Separatist movements :
Example Telangana
- Political gains
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Solutions
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- ISWD amendment Bill 2017
- Dispute resolution
committee
- Timely, negotiation and
mediation.
- Single tribunal:
- Centralized Data
collection by an agency of each river basin
- Technical support
- Issues:
- separate benches: no
clarity
- no finality
- Not holistic
implementation mechanism
- Water management:
- Water pricing
- Crop management like rice
in TN (water shortage areas) and sugarcane in Karnataka, best
practices
- Rain water harvesting:
Johad (traditional)
- Prevention---resolution
cycle
- Institutional reforms:
- Role of Inter-state
council
- Mihir shah report to
constitute central water authority to manage rivers.
- Parliamentary stnding
committee on water resource
- Make it a concurrent
subject
- quick implementation of
the awards by formation of concerned authorities like river management
boards and regulatory authorities
- Need for National water
management policy
- Tribunal: should be
a multidisciplinary body with participatory and conciliatory approach
- Declaration of river
as national property
- For Implementation:
- River basin organization
to be set up under River boards Act
- Rule of law
- Cooperative federalism
- Follow the philosophy of
National interest and Public good
- Technology:
- data base management,
hydrological data
- Research and development
- Political initiative:
- debate, discussion and
deliberation
- Arbitration, conciliation
and Mediation
- Non-political
- Cauvery family : body of
farmers from both the state
- River basin
organization
- Water governance
- Environmental ethics
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Way forward
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- Depoliticize,
Humanitarianism, Overall water governance
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