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BPSC Mains GS-2 Masterclass · Indian & Bihar Economy

Rivers, Dams & Water DisputesTemples of Modern India, Re-examined

Nehru called dams the 'temples of modern India'. In Bihar, the Kosi, Gandak and Son projects brought irrigation, power and flood control; elsewhere, big dams displaced people and divided states. This page weighs the benefits and costs of river projects and asks how water disputes can be solved.

Kosi3 lakh haSaved from floods

by the Kosi dam, in Nepal and Bihar.

Gandak2 of 4Gandak canals

benefit Bihar: Saran and Tirhut canals.

Son1stIrrigation project

of Bihar: the Son project.

Basins~20Major river basins

many crossing more than one state.

ConstitutionArt. 262Water disputes

Parliament provides for adjudication.

Delays1990–2007Cauvery tribunal

17 years from constitution to final award.

Part 1 · Multipurpose projects and water disputes

Temples of Modern India

What multipurpose river projects are, why they were built, and why shared rivers lead to disputes.

A large dam and reservoir with a canal leading to green fields and a power station below

Multipurpose river projects

Multipurpose river projects refers to the building of large dams where the many uses of the impounded water are integrated with one another. e.g. for generating hydro-electricity and for supplying water for irrigation, industrial and domestic purposes.

Multi-purpose projects, launched after Independence with their integrated water resources management approach, were thought of as the vehicle that would lead the nation to development and progress, overcoming the handicap of its colonial past. Jawaharlal Nehru proudly proclaimed the dams as the 'temples of modern India'; the reason being that it would integrate development of agriculture and the village economy with rapid industrialisation and growth of the urban economy.

Shared rivers, shared quarrels

India has about twenty major river basins running through the nation and many of these traverse more than one state. This leads to conflicts regarding the use and distribution of water.

Some of the major River Water Disputes in India are Cauvery Water Dispute (between Karnataka and Tamil Nadu), Mahanadi water dispute (between Odisha and Chhattisgarh), Mahadayi river disputes between Goa, Karnataka and Maharashtra, Krishna river dispute between Maharashtra, Karnataka and AP etc.

Example: One dam, many uses: the same reservoir stores monsoon floodwater (flood control), releases it through canals in the dry season (irrigation), drops it through turbines (hydro-power) and supplies towns (drinking water).

Part 3 · The case against big dams

Why Big Dams Face Opposition

In recent years, multipurpose projects and large dams have come under great scrutiny and opposition for a variety of reasons.

Projects and the movements against them

The prime objectives of the river valley projects are to control flood, check soil erosion, provide water for irrigation, electricity generation etc.
Some of the multipurpose Projects in India are Bhakra-Nangal on river Sutlej (the highest straight gravity dam in the world), Chambal Valley Project (joint undertaking by the Rajasthan and M.P. governments), Farakka Barrage, Gandak Project, Sardar Sarovar Project etc.
Some of the major movements against the multipurpose projects in India are the 'Narmada Bachao Andolan', and the 'Tehri Dam Andolan' etc. These movements are organised by native population, farmers, environmentalists and human rights activists etc. The mode of campaign under NBA includes court actions, hunger strikes, rallies and gathering support from notable film and art personalities.
Example: The Narmada Bachao Andolan, led by Medha Patkar from 1985, opposed the Sardar Sarovar dam over the displacement of tribal and farming families in Gujarat, Maharashtra and Madhya Pradesh.

Affect the local population: Resistance to these projects has primarily been due to the large-scale displacement of local communities. Local people often had to give up their land, livelihood and their meagre access and control over resources for the greater good of the nation.
Opaque execution and neglecting people's voice:
- For example, in Sardar Sarovar Dam, the people who were going to be affected by the construction of the dam were given no information but the offer for rehabilitation.
- Villagers weren't consulted and weren't asked for a feedback on the assessment that had taken place. Furthermore, the officials related to the project had not even checked the land records and updated them.
- While World Bank, the financing agency for this project, came into the picture, Patkar approached the Ministry of Environment to seek clarifications. She realized, after seeking answers from the ministry, that the project was not sanctioned at all and wondered as to how funds were even sanctioned by the World Bank. After several studies, they realized that the officials had overlooked the post project problems.
- However, the Sardar Sarovar Dam was finally inaugurated in 2017 by the current Prime Minister.
Problems associated with land acquisition and displacement of people.
Social impact:
- At the same time, it has transformed the social landscape i.e. increasing the social gap between the richer landowners and the landless poor.
- As we can see, the dams did create conflicts between people wanting different uses and benefits from the same water resources.
- In Gujarat, the Sabarmati-basin farmers were agitated and almost caused a riot over the higher priority given to water supply in urban areas, particularly during droughts.

Conclusion on Bihar's projects

Thus, while there are many benefits associated with the multi-purpose projects, there are some significant limitations too. Going forward, before starting any new project, proper environmental and social impact assessment should be done and if possible minor irrigation projects should be preferred depending on cost-benefit ratio.

Conclusion on the movements

Critics of these movements argue that dam's benefits include provision of drinking water, power generation and irrigation facilities. Some also believe that these campaigns cause the delay and obstruction in the completion of the projects. Some others argue that these protesters are little more than environmental extremists.

However, the objections against these projects are serious. Most of the objections to the projects arose due to their failure to achieve the purposes for which they were built. The concerns of the local people must be addressed and projects should progress in a transparent manner. It will build trust among people. Further, both environmental and social impact assessment should be undertaken with people participation before beginning the project.

Recently, experts have made cases for the decentralised micro dams against large dams. The decision should be based on adequate cost and benefits analysis not only in economic terms but also in social and environmental terms.

Part 4 · Causes and consequences of inter-state water conflicts

Why States Fight Over Rivers

More people, thirstier crops, a changing climate, politics, new states and missing data: and the costs these conflicts impose.

Causes

Demographic factor – Increasing population in the river basin hence increased demand of river water.
Changes in agriculture patterns as farmers are now ditching water-efficient crops such as millets and ragi and moving towards paddy and sugarcane.
Climate and geographical factors: A study in 2011 had predicted that climate change might cause a reduction of up to 50 per cent in the waters of the Cauvery sub-basins by 2080.
Political factors – Regional political forces have grown stronger and assertive with the growing nexus between water and politics, which have transformed the disputes into turfs of vote bank politics. Politics often lead to constitutional and governance crises such as Karnataka's ordinance defying the tribunal order in 1991 or Punjab's unilateral decision to annul water sharing agreements with Haryana in 2004.
Uneven distribution of water resources along with increasing Rainfall variability and frequent droughts.
Due to unresolved problems regarding sharing of the costs and benefits of multi-purpose projects on these rivers.
Disputes due to bifurcation of states: Once Telangana came into existence in 2014, the Godavari water and the Polavaram project became the bone of contention.
- The dispute regarding sharing of river water from Sutlej Yamuna link canal emerged after Punjab was reorganised in 1966, and the state of Haryana was created.
The absence of authoritative water data that is acceptable to all parties currently makes it difficult to even set up a baseline for adjudication.
Activities taken up by upper riparian state on the rivers, for instance Andhra Pradesh began constructing a flood flow canal over Vamsadhara river, and Chhattisgarh developed barrages over Mahanadi river resulted in disputes with Odisha. Similarly, Karnataka proposed to link Mahadayi river with Malaprabha river resulted in dispute with Goa.
Example: An upper riparian state is upstream: whatever it builds or diverts reduces what reaches the state downstream.

Consequences

Protracted proceedings and extreme delays in dispute resolution.
- For example, in the case of Godavari water dispute, the request was made in 1962, but the tribunal was constituted in 1968 and the award was given in 1979 which was published in the Gazette in 1980.
- The Cauvery Water Disputes Tribunal, constituted in 1990, gave its final award in 2007. Ultimately supreme court had to step in.
Adversely impact the process of national integration. Sometimes it encourages enmity between states. It also encourages negative aspects of regionalism.
Protest against another state sometimes leads to violence and destruction of property. e.g. widespread demonstrations and violence broke out in parts of Karnataka and Tamil Nadu after tribunal gave its award on the dispute.
Such disputes divert the public attention from the other development process.
Political parties use these issues for the election campaign which further aggravates the consequences.
It also diverts the government resources away from the development process as focus is shifted from routine tasks.
Consumes judiciary time and resources which is already over-burdened.

Part 5 · Resolving water disputes

Can the Problem Be Solved?

The issues in resolution, the constitutional and legal provisions, the steps taken, and the way forward.

Issues in resolution of these disputes

Protracted proceedings and extreme delays in dispute resolution.
Opacity in the institutional framework and guidelines that define these proceedings; and ensuring compliance.
Though award is final and beyond the jurisdiction of Courts, either States can approach Supreme Court under Article 136 (Special Leave Petition) or under Article 32 linking issue with the violation of Article 21 (Right to Life).
The composition of the tribunal is not multidisciplinary and it consists of persons only from the judiciary.
The absence of authoritative water data that is acceptable to all parties currently makes it difficult to even set up a baseline for adjudication.
The shift in tribunals' approach, from deliberative to adversarial, aids extended litigation and politicisation of water-sharing disputes.
The growing nexus between water and politics have transformed the disputes into turfs of vote bank politics.
- This politicisation has also led to increasing defiance by states, extended litigations and subversion of resolution mechanisms.
- For example, the Punjab government played truant in the case of the Ravi-Beas tribunal.
Too much discretion at too many stages of the process.
- Partly because of procedural complexities involving multiple stakeholders across governments and agencies.
- India's complicated federal polity and its colonial legacy.

Constitutional and legislative provisions

Provision	What it says
Article 262(1)	Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter State river or river valley.
Article 262(2)	Empowers Parliament with the power to provide by law that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.
River Boards Act, 1956	Enacted under Article 262 with a declaration that centre should take control of regulation and development of Inter-state rivers and river valleys in public interest. However, not a single river board has been constituted so far.
Inter-State River Water Disputes Act, 1956	Enacted under Article 262; confers a power upon union government to constitute tribunals to resolve such disputes. It also excludes jurisdiction of Supreme Court over such disputes.
Seventh Schedule · State List Entry 17	Water that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to entry 56 of Union List.
Seventh Schedule · Union List Entry 56	Regulation and development of inter-State rivers and river valleys.

Steps taken: appointment of various tribunals (examples)

Tribunal	States
Krishna Water Disputes Tribunal II (2004)	Karnataka, Telangana, Andhra Pradesh, Maharashtra
Mahanadi Water Disputes Tribunal (2018)	Odisha & Chhattisgarh
Mahadayi Water Disputes Tribunal (2010)	Goa, Karnataka, Maharashtra
Ravi & Beas Water Tribunal (1986)	Punjab, Haryana, Rajasthan
Vansadhara Water Disputes Tribunal (2010)	Andhra Pradesh & Odisha

Inter-State River Water Disputes (Amendment) Bill, 2017

Introduced in Lok Sabha to streamline the adjudication of inter-state river water disputes and make the present legal and institutional architecture robust. Key provisions include:

Dispute Resolution Committee (DRC), to be established by the Central Government before referring dispute to the tribunal, to resolve the dispute amicably by negotiations within a period of one year extended by 6 months.
Single Tribunal – Bill proposes a Single Standing Tribunal instead of existing multiple tribunals.
Technical support: it provides for the appointment of Assessors to provide technical support to the tribunal. They shall be appointed from amongst experts serving in the Central Water Engineering Service not below the rank of Chief Engineer.
Timeline: The tribunal should settle a dispute in four-and-a-half years.
Finality – The decision of the Tribunal shall be final and binding.
Data Collection and maintenance of a data-bank at national level for each river basin by an agency to be appointed and authorized by central government.

Way forward

Inter-State Council

Inter-State Council (ISC) can play a useful role in facilitating dialogue and discussion towards resolving conflicts.

River boards

For implementation purposes, River Boards Act 1956 under entry 56 of union list, the most potent law available for the purpose, should be suitably amended. River Basin Organizations (RBOs) can be set up under this act to regulate and develop inter-state rivers and their basins.

Mediation

Mediation is a flexible and informal process and draws upon the multidisciplinary perspectives of the mediators. In the South Asian context, the World Bank played the role of mediator between India and Pakistan, which resulted in a successful resolution of the conflicts surrounding the rivers of the Indus basin.

Supply-side management

Many scholars have argued that augmenting the water supply might be one way of dealing with such issues. Thus, water resources should be utilised and harnessed properly through undertaking long-term measures towards saving water and rationalising its use.

Rivers as national property

Declaration of Rivers as National Property, which may reduce the tendency of states which consider controlling of river waters as their right.

Concurrent list

Bringing water into concurrent list, as recommended by Mihir Shah report, where central water authority can be constituted to manage rivers. It was also supported by a Parliamentary Standing Committee on Water Resources.

A permanent mechanism

The challenges of water-sharing in distress years remain because the country lacks institutional models for implementing inter-state river water awards. Thus, there is a need for a permanent mechanism to solve water disputes between states without seeking recourse to the judiciary. Apart from institutional mechanism, a sense of responsibility in states towards humanitarian dimension of water disputes needs to be infused.

The 4Rs and SDG 6

There is a need to practice the concept of the 4Rs (Reduce, Reuse, Recycle, Recover) for water management in line to achieve goal 6 (Ensure access to water and sanitation for all) of the SDGs.

National Water Policy

The provisions given under the National Water Policy for rational use of water and conservation of water sources must be followed.

Depoliticise, diversify crops

Water disputes need to be depoliticized and not be made into emotional issues linked with regional pride. Further, there is a need for scientific management of crop patterns by bringing out policy measures that promote water efficient crops and varieties.

Interlinking of rivers

Can help in adequate distribution of river water in the basin areas.

“The decision should be based on adequate cost and benefits analysis not only in economic terms but also in social and environmental terms.”

— BPSC Mains answer, 1997

Curated for BPSC, UPSC & State PCS Civil Services Aspirants | Indian & Bihar Economy Master Module

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