Context
Interstate (River) Water Disputes (ISWDs) are a continuing challenge to federal water governance in the country. Rooted in constitutional, historico-geographical, and institutional ambiguities, they tend to become prolonged conflicts between the states that share river basins.
Given the significant nature of such disputes, it is essential to examine the constitutional complexities, contentious political federalism, and identity-based electoral political dynamics that fuel ISWDs.
Background
Analysis
Water in the Constitution
Water in the Constitution of India Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on water.
Within India’s federal political structure, inter-state disputes require the involvement of the Union government for a federal solution at two levels:
What escalates water conflicts?
The interstate water disputes emerge and recur due to their particular anatomy produced by three sets of characteristics:
Climate change is likely to worsen the situation as monsoon patterns change, water demands going up with increasing temperatures, glaciers melt and sea levels rise.
What prevents an integrated basin-level ecosystem-based approach?
Water Disputes Tribunals
Tribunal |
States Concerned |
Date of Constitution |
Current Status |
Godavari Water Disputes Tribunal |
Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh, Orissa |
April 1969 |
Report and decision given in July 1980. |
Krishna Water Disputes Tribunal – I |
Maharashtra, Andhra Pradesh, Karnataka, |
April 1969 |
Report and decision given in May 1976. |
Narmada Water Disputes Tribunal |
Rajasthan, Madhya Pradesh, Gujarat, Maharashtra |
October 1969 |
Report and decision given in December 1979. Narmada Control Authority (NCA) was constituted to implement the decision. |
Ravi & Beas Water Tribunal |
Punjab, Haryana, Rajasthan |
April 1986 |
Report and decision given in April 1987. Further Report is pending. |
Cauvery Water Disputes Tribunal |
Kerala, Karnataka, Tamil Nadu, Puducherry |
June 1990 |
Report and Decision given on 5 February 2007. The Supreme Court modified the decision on 16 February 2018. The Cauvery Water Management Authority (CWMA) and Cauvery Water Regulation Committee (CWRC) were constituted to implement the modified decision. |
Krishna Water Disputes Tribunal -II |
Karnataka, Andhra Pradesh, Maharashtra, Telangana |
April 2004 |
Report and decision given on 30 December 2010. SLPs filed pending in the Court. The term of the Tribunal has been extended after the bifurcation of Andhra Pradesh. The matter is under adjudication in the Tribunal. |
Vansadhara Water Disputes Tribunal |
Andhra Pradesh, Odisha |
February 2010 |
Report and decision submitted on 13 September 2017. Further Report is pending. |
Mahadayi Water Disputes Tribunal |
Goa, Karnataka, Maharashtra |
November 2010 |
Report and decision submitted on 14 August 2018. Further Report is pending. |
Mahanadi Water Disputes Tribunal |
Chhattisgarh, Odisha |
March 2018 |
Under adjudication by the Tribunal. Report and decision are awaited. |
Why is greater Centre-States coordination essential?
Can the Supreme Court interfere?
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Required measures
The failed attempt
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Conclusion
In order to resolve the interstate water disputes, the focus should be on strengthening the existing and evolving institutional mechanisms, and accommodating political sensitivities to find a long-term and mutually amicable path for the governance of interstate river water.
Verifying, please be patient.