Water Disputes Between States In Federal India

• 23 Aug 2024

The earth, the air, the land, and the water are not an inheritance from our forefathers but on loan from our children. So, we have to hand it over to them at least as it was handed over to us.

—Mahatma Gandhi

Water is a vital resource for sustenance, agriculture, and industrial activity. In a federal structure like India’s, where resources are unevenly distributed, water disputes between states have become a significant issue. With the federal structure dividing power between the central and state governments, managing and sharing water resources has led to conflicts that impact regional development, agriculture, and domestic use. These disputes often arise due to varying water needs, climatic conditions, and developmental priorities of different states. The lack of a unified approach to water management exacerbates these conflicts, leading to prolonged legal battles and political tensions. Effective resolution of these disputes is crucial for ensuring equitable water distribution, fostering regional cooperation, and promoting sustainable development across the country.

India’s water disputes have deep historical roots, often dating back to the colonial era when water management policies were first instituted. The British introduced several measures that centralized water resource management, which often disregarded regional needs and contributed to inter-state conflicts. Post-independence, these conflicts continued as states sought to secure their water rights, influenced by growing populations and agricultural demands.

Several prominent water disputes have shaped the discourse on water resource management in India. The Cauvery Water Dispute is one of the most well-known water disputes involving Karnataka, Tamil Nadu, Kerala and Puducherry. The conflict dates back to the 19th century but escalated post-independence. The river’s water allocation has been contentious, with several agreements and tribunal decisions attempting to mediate the dispute. The Cauvery Water Disputes Tribunal (CWDT) has made several awards, but the issue remains unresolved due to disagreements over implementation and compliance.

The Godavari River, shared by Maharashtra, Telangana, Andhra Pradesh, and Chhattisgarh, has also been a source of contention. The allocation of water for irrigation and drinking purposes has been a central issue, exacerbated by the river’s seasonal variability.

The Ravi and Beas Water Dispute exists between Punjab, Haryana, and Rajasthan. The river’s water allocation, influenced by historical agreements and current needs, has led to frequent disagreements, especially during periods of drought.

The Constitution of India provides a framework for water resource management through its division of powers between the Union and State governments. Water is listed as a State subject in the Constitution, meaning states have primary authority over water resources within their territories. However, the inter-state nature of many rivers requires a coordinated approach.

The Inter-State River Water Disputes Act, 1956 provides for the adjudication of disputes between states regarding the waters of inter-state rivers. It established the framework for the creation of tribunals to resolve such disputes. The Act has been amended to improve the efficiency of dispute resolution.

India’s National Water Policy outlines the principles for water management and aims to ensure equitable distribution. It emphasizes the need for a unified approach to water resource management and encourages cooperation among states.

The National Water Resources Council chaired by the Prime Minister, is tasked with coordinating water resource management policies at the national level. It plays a role in addressing inter-state disputes and developing national strategies for water management.

Several challenges complicate the resolution of water disputes in India. Rapid population growth and urbanization increase demand for water, putting pressure on existing resources and heightening conflicts between states. Variability in rainfall patterns and the impact of climate change exacerbate water scarcity issues, making it difficult to manage and allocate water resources equitably. Inefficient water management practices and inadequate infrastructure contribute to the problem. Poor maintenance of water-sharing agreements and lack of investment in infrastructure can lead to disputes. Water disputes are often influenced by political and social factors. State governments may leverage water disputes for political gains, complicating the resolution process.

Revising existing laws and frameworks to make them more effective in resolving disputes can help. Ensuring timely implementation of tribunal awards and agreements is crucial. Enhanced data collection and research on water resources can provide a clearer picture of availability and needs, facilitating more informed decision-making. Encouraging dialogue and cooperation between states can lead to more amicable solutions. Multi-state agreements and joint management bodies can help in coordinating water use. Developing and maintaining infrastructure for water storage, distribution, and conservation can alleviate some of the pressures that lead to disputes. Increasing public awareness about water conservation and involving local communities in water management can contribute to more sustainable practices and reduce conflicts.

The Cauvery Water Dispute Tribunal has been instrumental in resolving disputes between Karnataka and Tamil Nadu. The Supreme Court’s intervention ensured timely implementation of its awards. The National Water Informatics Centre (NWIC) collects and analyzes data on water resources, aiding in better decision-making and dispute resolution. The Narmada Control Authority facilitates cooperation among Madhya Pradesh, Gujarat, Maharashtra, and Rajasthan, ensuring equitable water distribution from the Narmada River. The Bhakra Beas Management Board (BBMB) manages the water resources of the Sutlej and Beas rivers, involving Punjab, Haryana, Rajasthan, and Himachal Pradesh. The Sardar Sarovar Dam on the Narmada River has improved water storage and distribution, benefiting multiple states and reducing conflicts. The Jal Shakti Abhiyan is a campaign by the Indian government to promote water conservation and involve local communities in water management.

Water disputes between states in federal India highlight the complexities of managing shared resources in a diverse and populous country. While historical agreements and legal frameworks provide a basis for resolution, ongoing challenges such as population growth, climate change, and political factors complicate the process. A comprehensive approach that includes strengthening legal mechanisms, improving infrastructure, and fostering cooperation among states is essential for addressing these disputes and ensuring equitable water distribution. Effective management of water resources is crucial for the sustainable development of India and for maintaining harmony between its states. Additionally, adopting advanced technologies for water conservation and management, such as drip irrigation in agriculture and rainwater harvesting, can significantly alleviate water scarcity. Public awareness campaigns and community involvement in water conservation efforts are also vital. By integrating traditional knowledge with modern practices, India can develop a resilient water management system that addresses both current and future challenges. This holistic approach will not only resolve conflicts but also ensure the long-term sustainability of water resources.

When The Well is Dry, We'll Know The Worth of Water.

—Benjamin Franklin