water disputes between states essay

Interstate water wars are heating up along with the climate

Regents Professor and Morris K. Udall Professor of Law & Public Policy, University of Arizona

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Robert Glennon received funding from the National Science Foundation in the 1990s and 2000s.

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Interstate water disputes are as American as apple pie. States often think a neighboring state is using more than its fair share from a river, lake or aquifer that crosses borders.

Currently the U.S. Supreme Court has on its docket a case between Texas, New Mexico and Colorado and another one between Mississippi and Tennessee . The court has already ruled this term on cases pitting Texas against New Mexico and Florida against Georgia .

Climate stresses are raising the stakes. Rising temperatures require farmers to use more water to grow the same amount of crops. Prolonged and severe droughts decrease available supplies. Wildfires are burning hotter and lasting longer . Fires bake the soil, reducing forests’ ability to hold water, increasing evaporation from barren land and compromising water supplies.

As a longtime observer of interstate water negotiations , I see a basic problem: In some cases, more water rights exist on paper than as wet water – even before factoring in shortages caused by climate change and other stresses. In my view, states should put at least as much effort into reducing water use as they do into litigation, because there are no guaranteed winners in water lawsuits.

Dry times in the West

The situation is most urgent in California and the Southwest, which currently face “ extreme or exceptional” drought conditions . California’s reservoirs are half-empty at the end of the rainy season. The Sierra snowpack sits at 60% of normal . In March 2021, federal and state agencies that oversee California’s Central Valley Project and State Water Project – regional water systems that each cover hundreds of miles – issued “ remarkably bleak warnings ” about cutbacks to farmers’ water allocations.

The Colorado River Basin is mired in a drought that began in 2000 . Experts disagree as to how long it could last . What’s certain is that the “ Law of the River ” – the body of rules, regulations and laws governing the Colorado River – has allocated more water to the states than the river reliably provides .

The 1922 Colorado River Compact allocated 7.5 million acre-feet (one acre-foot is roughly 325,000 gallons) to California, Nevada and Arizona, and another 7.5 million acre-feet to Utah, Wyoming, Colorado and New Mexico. A treaty with Mexico secured that country 1.5 million acre-feet, for a total of 16.5 million acre-feet. However, estimates based on tree ring analysis have determined that the actual yearly flow of the river over the last 1,200 years is roughly 14.6 million acre-feet .

The inevitable train wreck has not yet happened, for two reasons. First, Lakes Mead and Powell – the two largest reservoirs on the Colorado – can hold a combined 56 million acre-feet, roughly four times the river’s annual flow.

But diversions and increased evaporation due to drought are reducing water levels in the reservoirs . As of Dec. 16, 2020, both lakes were less than half full.

Second, the Upper Basin states – Utah, Wyoming, Colorado and New Mexico – have never used their full allotment. Now, however, they want to use more water. Wyoming has several new dams on the drawing board. So does Colorado, which is also planning a new diversion from the headwaters of the Colorado River to Denver and other cities on the Rocky Mountains’ east slope.

Utah stakes a claim

The most controversial proposal comes from one of the nation’s fastest-growing areas: St. George, Utah, home to approximately 90,000 residents and lots of golf courses. St. George has very high water consumption rates and very low water prices . The city is proposing to augment its water supply with a 140-mile pipeline from Lake Powell , which would carry 86,000 acre-feet per year.

Truth be told, that’s not a lot of water, and it would not exceed Utah’s unused allocation from the Colorado River. But the six other Colorado River Basin states have protested as though St. George were asking for their firstborn child.

In a joint letter dated Sept. 8, 2020, the other states implored the Interior Department to refrain from issuing a final environmental review of the pipeline until all seven states could “ reach consensus regarding legal and operational concerns .” The letter explicitly threatened a high “probability of multi-year litigation .”

Utah blinked. Having earlier insisted on an expedited pipeline review, the state asked federal officials on Sept. 24, 2020 to delay a decision . But Utah has not given up: In March 2021, Gov. Spencer Cox signed a bill creating a Colorado River Authority of Utah , armed with a US$9 million legal defense fund, to protect Utah’s share of Colorado River water. One observer predicted “ huge, huge litigation .”

How huge could it be? In 1930, Arizona sued California in an epic battle that did not end until 2006. Arizona prevailed by finally securing a fixed allocation from the water apportioned to California, Nevada and Arizona .

Litigation or conservation

Before Utah takes the precipitous step of appealing to the Supreme Court under the court’s original jurisdiction over disputes between states, it might explore other solutions. Water conservation and reuse make obvious sense in St. George, where per-person water consumption is among the nation’s highest .

St. George could emulate its neighbor, Las Vegas, which has paid residents up to $3 per square foot to rip out lawns and replace them with native desert landscaping. In April 2021 Las Vegas went further, asking the Nevada Legislature to outlaw ornamental grass .

The Southern Nevada Water Authority estimates that the Las Vegas metropolitan area has eight square miles of “nonfunctional turf” – grass that no one ever walks on except the person who cuts it. Removing it would reduce the region’s water consumption by 15% .

Water rights litigation is fraught with uncertainty. Just ask Florida, which thought it had a strong case that Georgia’s water diversions from the Apalachicola-Chattahoochee-Flint River Basin were harming its oyster fishery downstream.

That case extended over 20 years before the U.S. Supreme Court ended the final chapter in April 2021. The court used a procedural rule that places the burden on plaintiffs to provide “clear and convincing evidence.” Florida failed to convince the court , and walked away with nothing.

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• US Supreme Court
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Causes of Water Conflict: Past Wars and Future Predictions

Learn more about past, present, and future causes of water conflict from around the world and how we can work towards avoiding them. see our timeline on the major water conflicts throughout world history and the regions which spark concern for future disputes between nation states..

B y 2040, the global demand for freshwater resources will exceed availability, according to The National Intelligence Council’s report on Global Water Security (2012).

The report acknowledges that large-scale water wars will unlikely happen within the next ten years. Still, water-related challenges such as shortages and sanitation are increasing smaller-scale conflict and instability within and across national borders.

Read Our Related Article: 10 Most Alarming Water Scarcity Facts the World is Currently Facing

Water problems can lead to food shortages, energy crises, and economic and governmental instability.

The term 'water conflict' describes tensions or disputes between states, countries, or people groups surrounding the utilization, consumption, or control of water resources.

In this article, we'll cover:

• Some of the major causes of water conflict around the world
• A timeline of water conflict throughout human history
• Current world regions of major concern which may spark potential conflicts
• What future plans can be put in place to mitigate water conflict

Major Causes of Water Conflict

brass sculpture / creative commons

Only 0.4% of the world's drinkable water is accessible to humans. With a growing population of 8 billion people, disputes over potable water sources are familiar, especially in regions where water is scarce. Rightful ownership is often contested whenever a water source such as a lake, a river, or an underground aquifer crosses national borders.

The Nile River in North Africa flows upstream, and it is arguable that Egypt has historically benefitted the most – economically and culturally – from the river's resources. With several countries downstream, including Ethiopia, motioning to build a dam for their purposes, Egypt is facing the reality of losing access to its most precious resource (Kreamer, 2013).

Bangladesh and India rely on the Ganges River as a significant water source for their people. With India posturing to build a dam for energy and efficiency, Bangladesh would be in a more critical condition than it already is (Kreamer, 2013).

Because of the decreasing amount of potable water, it is not uncommon for nations or people groups to have conflict over a shared body of water, as we'll read further.

Water as a Tool for Warfare

Because of its fundamental necessity, water scarcity has been a source of regional dispute and a tool of military conflict throughout history. It has been the cause of tribal conflict and border tension and has been used for ethnic warfare, terrorism, and political actions.

Water has often been used as an excuse for ethnic violence.

In 14th-century Europe, during the Black Death epidemic, hundreds of Jewish communities suffered violence at the hands of those who claimed that the Jews poisoned the local water wells (Tsillas, 2014) .

Rivers that cross international borders are too commonly a source of dispute. The Ataturk Dam in Turkey controls the flow of the Tigris and Euphrates rivers, which supply clean water to marginalized groups such as the Alevi and Kurds in Iraq. According to the UN Committee on Economic, Social, and Cultural Rights, Turkey’s withholding of freshwater sources to these regions violates international guidelines (Nasrawi, 2018) .

Regions such as China, India, and Pakistan are experiencing increasing tensions regarding clean water resources.

We will look at water conflicts throughout history and observe which regions are of significant concern for the near future.

Read Our Related Article: 9 Viable Water Scarcity Solutions for the 21st Century

Water Conflict Throughout History

430 BC - Spartans Poison Cistern

The Spartans are accused of causing a plague outbreak in Athens by poisoning their cisterns during the Peloponnesian War.

537 - Goths Cut Rome’s Aqueducts

As barbarian tribes invade the Roman Empire, the Goths cut of most aqueduct access to Rome and successfully besiege the city.

1187 - Saladin Cuts Crusader’s Water Supply

Saladin defeats the Crusaders at the Horns of Hattin by filling their wells with sand and destroying the Maronite villages which the Crusaders relied on for water.

1863 - General Grant Destroys Levees

During the American Civil War, General Ulysses S. Grant cut levees in the battle against the Confederates, leaving them without access to water.

1941 – Sabotage of Soviet Dam

The Dnieper hydropower plant, a strategically-important dam and power plant in the Ukraine is a coveted site by both the Soviets and the Germans in World War II. The Soviets bomb the dam with dynamite when retreating from the Germans in attempt to sabotage it from future use.

1964 – Cuba Cuts Off Water to U.S. Navy

In retribution for the capture of several Cuban boats, the Cuban government cut off the water supply to the US Naval Base at Guantanamo Bay.

1985 – Anonymous Threat in New York

New York City officials receive an anonymous letter with a threat to release plutonium into the city’s water supply unless the charges brought against a man for shooting 4 black men in a subway were dropped.

1992 - Serbs Cut Water and Power to Sarajevo

Serbia cuts off power and water to the city of Sarajevo during a siege despite promises to the UN not to do so. 80% of Sarajevo’s water supply was reduced by regulating flow from water wells as an attempt to remove the Bosnians from refuge.

Read Our Related Article: 9 Viable Water Scarcity Solutions We Can All Work Toward

1997 – Troop Deployment on Kyrgyz Border

A highly contended water reserve straddling Kyrgyzstan and Uzbekistan borders leads to the deployment of 130,000 Uzbekistani soldiers to stand guard on the Toktogul reservoir.

2000 – Kenyans Fight with Monkeys over Water Source

Drought-stricken monkeys attack a Kenyan village for water-tanker access leaving eight monkeys dead and ten Kenyans wounded.

2001 – Battle for Water Reservoir

Macedonians fight with Albanians in village of Radusa over control of the reservoir that supplies the nation’s capital.

2002 – Violence over Indian River

The dispute over the contested Kaveri River in India, between Karnataka and Tamil Nadu, has caused riots, property destruction, injuries, and arrests for a period of almost 2 months.

2004 – 23 Dead in Somalian Clan Dispute

Two Somalians subclans, the Murusade and the Duduble, fight for control of a single water well resulting in 23 deaths.

2004-2006 - 250 Dead in Ethiopian Water Conflict

A 3-year drought in Ethiopia led to what has been called the “War of the Well”, in which 250 people were killed during an extensive period of violence over water wells and land ownership.

2008 – Dispute Between Villagers and Border Guards Over Dam Access

A dam located in a region where the border between the countries of Kyrgyzstan and Tajikistan have not been agreed upon has caused a series of conflicts over water resources. Tajikistan villagers cross into contested Kyrgyzstan territory in order to access the dam and allow an irrigation canal to reach their village, often conflicting with Kyrgyz border guards.

2010 – Over 100 Dead in Pakistani Tribal Dispute

Tribal conflict erupts in Pakistan as the Shalozan Tangi tribe cut off irrigation to the Shalozan tribe, resulting in over 100 dead in a two-week long battle.

2012 – Protests Turn Violent Across Egypt

Several public protests over water shortages across Egypt turn violent: one person killed in Beni Sueif in irrigation conflict, villagers and officials in Minya clash over water shortages, and water shortage protests in Fayyoum involving hundreds result in fires and blocked highways.

2014 - Over 1000 Killed in Nigeria over Water Resources

According to Human Rights Watch, over 1000 people in Nigeria were killed in disputes between farmers and herders regarding water shortages in 2014 alone.

2016 – Water Crisis in Yemen

20 million people in Yemen and deprived of access to clean water due to internal conflict and destruction of water and power infrastructure.

2016 – Clash Between Indian Army and Protestors

Political disputes between the Indian Army and protestors in New Delhi result in 18 deaths and 200 injuries over the reopening of the Munak canal, a source that supplies New Delhi with three-fifths of its clean water supply

2017 – 70 Dead in Darfur over clean water source

Clashes between farmers and herders in Southern Darfur over freshwater sources have resulted in over 70 deaths

2018 – Water Protests in Iran

Continuing protests about water shortages in Iran are escalating and gaining media attention.

Current Regions of Concern

Arabian aquifer system.

Indus Basin

Ataturk Dam

Helmand River Basin

Other Speculative Concerns

According to Innovative Energy and Research , the following water sources are stressed enough to raise concern about possible conflicts in the future.

• The River Columbia (conflict between Canada and the US).
• The Colorado River (conflict between Mexico and the US).
• The River Senepas (conflict between Ecuador and Peru).
• The River Senegal (conflict between Mauritania and Senegal).
• The River Zambezi (conflict between Zambia, Zimbabwe and Botswana).
• The sources in the Sahara Desert (Reaction Egypt, Chad, Niger and Sudan).
• The River Nile (conflict between Egypt and Ethiopia).
• The River Tagus (conflict between Tagus and Duero).
• The River Syr Darya (conflict between Uzbekistan and Tajikistan, Kazakhstan)
• The River Ganges (conflict between India and Bangladesh).
• The Jordan River (the conflict between Israel and Jordan).
• The Mekong River (conflict between Cambodia, Laos, Thailand and Vietnam)

Read Our Related Article: 12 Clean Water Charities the World is Counting On

Looking to the Future

Despite many conflicts surrounding controlling and utilizing freshwater sources, future competition can be anticipated and resolved with proper planning, education, and cooperation. Non-governmental agencies and think tanks are actively pursuing reasonable avenues as to how these water-stressed regions can gain cooperation from the neighboring people groups who utilize them and how these conflicts can be predicted and avoided.

David Kreamer, in his article The Past, Present, and Future of Water Conflict and International Security , proposes that effective policies for better water management should include the following:

• Water quality education
• Holistic sanitary community improvement
• Improvement of water regulation enforcement
• Water quality protection at wellheads and distribution points
• Strengthening of natural protected areas
• Upgraded emergency response to potential water crises
• Creation of hydrological and water quality data storage systems that are transferrable and compatible

As stated before, large-scale water wars are unlikely to happen in the near future. What is happening are small-scale disputes and rising tensions which can lead to a more significant conflict. On any level, water conflict results from freshwater scarcity, which everyone is affected by. By doing our part in proper water management, education, and cooperation, seeds for future disputes can be uprooted before they sprout.

Thank you for taking the time to read our article on the causes of water conflict. We'd love to hear your feedback in the comments section below. If you've found this article to be useful and are interested in learning more, be sure to sign up for our newsletter.

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Factbook. (2018, January 16). Transboundary water disputes between Afghanistan and Iran. Retrieved from https://factbook.ecc-platform.org/conflicts/transboundary-water-disputes-between-afghanistan-and-iran

Global water security . (2012, February). Retrieved from https://www.dni.gov/files/documents/Special%20Report_ICA%20Global%20Water%20Security.pdf

Kreamer, D. (2013, January). The past, present, and future of water conflict and international security. Retrieved from https://www.omicsonline.org/open-access/research-on-water-disputes-ier-1000124.php?aid=69683

Laskar, R. (2015, June 18). Indus Basin is world's second most 'overstressed' aquifier. Retrieved from https://www.hindustantimes.com/india/indus-basin-is-world-s-second-most-overstressed-aquifier/story-kzOWAy5q0R26rgBiksJ1hI.html

Nasrawi, S. (2018, February). Turkish dams on Euphrates and Tigris: A water dilemma for Iraq. Retrieved from http://english.ahram.org.eg/NewsContent/2/8/289229/World/Region/Turkish-dams-on-Euphrates-and-Tigris-A-water-dilem.aspx%5C

National Geographic. (2017, January 10). Saudi Arabia's great thirst. Retrieved from https://www.nationalgeographic.com/environment/freshwater/saudi-arabia-water-use/

Pacific Institute. (2018, May 31). Water Conflict. Retrieved from https://www.worldwater.org/water-conflict/

Tsillas, V. (2014, December 12). Research on Water Disputes. Retrieved from https://www.omicsonline.org/open-access/research-on-water-disputes-ier-1000124.php?aid=69683

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Inter-State Water Disputes in India: Challenges, Solutions, and the Path to Equitable Sharing

Table of Contents

INEQUITABLE SHARING OF RESOURCES: INTER-STATE WATER DISPUTES

(relevant for general   studies paper prelims/mains).

In a world where the significance of water resources for sustenance and development is widely acknowledged, ensuring fair and adequate access to water remains an urgent concern.

In a diverse and populous country like India, the recurring challenge of inter-state river water disputes has sparked tensions among regions and hindered progress. These disputes go beyond the realm of politics and often spill over into social life and discussions. Consequently, finding a lasting solution becomes imperative to avoid delays in water resources utilization, cost overruns, and even law and order issues.

The equitable sharing of river waters is not only vital for meeting the immediate needs of communities and agriculture but also crucial for promoting harmonious interstate relations and fostering sustainable growth.

Scenario of Inter-State Water Disputes

• Recently, the Pennaiyar river dispute between Karnataka and Tamil Nadu has been making headlines. This issue is followed by the Mahadayi river dispute, a longstanding water dispute, between Karnataka and Goa.
• Numerous other disputes, such as the Sutlej-Yamuna link canal, Krishna Water Dispute involving Andhra Pradesh, Telangana, Maharashtra, and Karnataka, Mahanadi Water Dispute between Odisha and Chhattisgarh, and the Cauvery Water Dispute involving Tamil Nadu, Kerala, Karnataka, and Puducherry, are frequently seen in the news.

Challenges in Effective Functioning of ISRWD Tribunals

• A tribunal is established to adjudicate ISRWDs (Inter-State River Water Disputes) only when the Center grants its approval.
• The lack of universally accepted water data currently poses challenges in establishing a baseline for adjudication.
• The current mechanism of these tribunals is marked by prolonged delays and non-compliance with the awards given by ISRWD Tribunals.
• A commonly held perspective is that adjudication may not be the ideal approach to settle ISRWDs. Many of these disputes do not involve legal questions but rather pertain to matters in the domain of hydrology, environment, engineering, agriculture, climate, sociology, and other related fields.
• Frequently, there are challenges in sharing data and discrepancies in data between the states involved in the disputes.
• Political parties often exploit these disputes for political gains, making it challenging to approach the issue objectively and reach consensus-based solutions.
• The rising demand for water, driven by population growth, urbanization, and industrialization, intensifies the competition among states for water resources.

Can Equitable Distribution of Resources Resolve ISRWDs

• A crucial element in finding a lasting and acceptable solution lies in ensuring fair, equitable, and reasonable use of natural resources.
• However , the lack of a clear definition for fair, equitable, and reasonable use can pose challenges during implementation of this concept.
• Such usage can typically be determined through the assessment of various factors, considering the historical context, present circumstances, and social conditions in the regions of interest.
• The allocation of equitable shares should be designed in a manner that maximizes the benefits for each party using water while causing minimal harm to others.
• Scientifically determining equitable distribution can be challenging due to the limited availability of data.
• As stated in the Berlin Rules of 2004 , the transparency of information concerning water resources is crucial for achieving equity.
• States should be incentivized and encouraged to adopt best practices in water usage to derive maximum benefits while ensuring equitable utilization and minimizing harm to others.

Effective governance in sustainable water management can be most effectively accomplished by comprehending gender disparities and actively addressing the unique obstacles they present.

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Inter-State Water Disputes, ISRWD, Equitable Sharing, Water Resources, River Disputes, Karnataka, Tamil Nadu, Goa, Sutlej-Yamuna link canal, Krishna Water Dispute, Mahanadi Water Dispute, Cauvery Water Dispute, ISRWD Tribunals, Water Management, Sustainable Growth, Pennaiyar river, Mahadayi river, Gender Disparities in Water Management, Berlin Rules, Hydrology, Environment, Agriculture, Urbanization, Best Sociology Optional Coaching, Sociology Optional Syllabus, cooperative based economic development

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FUNDAMENTALS OF SOCIOLOGY

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• Sociology and common sense.
• Science, scientific method and critique.
• Major theoretical strands of research methodology.
• Positivism and its critique.
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• Mead – Self and identity.
• Concepts- equality, inequality, hierarchy, exclusion, poverty and deprivation.
• Theories of social stratification- Structural functionalist theory, Marxist theory, Weberian theory.
• Dimensions – Social stratification of class, status groups, gender, ethnicity and race.
• Social mobility- open and closed systems, types of mobility, sources and causes of mobility.
• Social organization of work in different types of society- slave society, feudal society, industrial /capitalist society
• Formal and informal organization of work.
• Labour and society.
• Sociological theories of power.
• Power elite, bureaucracy, pressure groups, and political parties.
• Nation, state, citizenship, democracy, civil society, ideology.
• Protest, agitation, social movements, collective action, revolution.
• Sociological theories of religion.
• Types of religious practices: animism, monism, pluralism, sects, cults.
• Religion in modern society: religion and science, secularization, religious revivalism, fundamentalism.
• Family, household, marriage.
• Types and forms of family.
• Lineage and descent.
• Patriarchy and sexual division of labour.
• Contemporary trends.
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• Development and dependency.
• Agents of social change.
• Education and social change.
• Science, technology and social change.

INDIAN SOCIETY: STRUCTURE AND CHANGE

Introducing indian society.

• Indology (GS. Ghurye).
• Structural functionalism (M N Srinivas).
• Marxist sociology (A R Desai).
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• Protests and movements during the colonial period.
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SOCIAL STRUCTURE

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• Perspectives on the study of caste systems: GS Ghurye, M N Srinivas, Louis Dumont, Andre Beteille.
• Features of caste system.
• Untouchability – forms and perspectives.
• Definitional problems.
• Geographical spread.
• Colonial policies and tribes.
• Issues of integration and autonomy.
• Social Classes in India:
• Agrarian class structure.
• Industrial class structure.
• Middle classes in India.
• Lineage and descent in India.
• Types of kinship systems.
• Family and marriage in India.
• Household dimensions of the family.
• Patriarchy, entitlements and sexual division of labour
• Religious communities in India.
• Problems of religious minorities.

SOCIAL CHANGES IN INDIA

• Idea of development planning and mixed economy
• Constitution, law and social change.
• Programmes of rural development, Community Development Programme, cooperatives,poverty alleviation schemes
• Green revolution and social change.
• Changing modes of production in Indian agriculture.
• Problems of rural labour, bondage, migration.

3. Industrialization and Urbanisation in India:

• Evolution of modern industry in India.
• Growth of urban settlements in India.
• Working class: structure, growth, class mobilization.
• Informal sector, child labour
• Slums and deprivation in urban areas.

4. Politics and Society:

• Nation, democracy and citizenship.
• Political parties, pressure groups , social and political elite
• Regionalism and decentralization of power.
• Secularization

5. Social Movements in Modern India:

• Peasants and farmers movements.
• Women’s movement.
• Backward classes & Dalit movement.
• Environmental movements.
• Ethnicity and Identity movements.

6. Population Dynamics:

• Population size, growth, composition and distribution
• Components of population growth: birth, death, migration.
• Population policy and family planning.
• Emerging issues: ageing, sex ratios, child and infant mortality, reproductive health.

7. Challenges of Social Transformation:

• Crisis of development: displacement, environmental problems and sustainability
• Poverty, deprivation and inequalities.
• Violence against women.
• Caste conflicts.
• Ethnic conflicts, communalism, religious revivalism.
• Illiteracy and disparities in education.

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Water Dispute Between States in Federal India | UPSC Mains Essay Preparation PDF Download

India is the seventh-largest country globally, surrounded by sea on three sides, and has a population of about 1.3 billion. There are bound to be disputes between people, states, and regions over a multitude of issues. India has a federal government with three tiers of government: central government, state government, and local government. Each level of the government is responsible for a particular set of issues or ‘items’ that are specified in the Lists. In other words, their areas of jurisdiction are clearly laid in the Lists (The Union List for the central government, the State List for state governments, and a Concurrent List, which contains items that come under both their jurisdiction). One of the most common reasons for disputes between states is the sharing of river water. With so many rivers flowing across India, many states have to share the water. River water is used for a wide variety of purposes, including irrigation, energy production, and household work, so it is an essential resource.

Disputes Between States

With so many states sharing the same river water, there are many disputes and issues that have arisen. Many states continue to fight for their rights over river water, while others have managed to reach a consensus on how to use river water without affecting the other state. This has mainly been possible due to center intervention and consequent changes in in-laws. Here are some of the river water disputes which have arisen in recent years:

• Godavari Water Dispute: This was a legal dispute over the sharing of Godavari river water between the states of Maharashtra, Madhya Pradesh, Karnataka, Andhra Pradesh, and Odisha.
• Narmada Water Dispute:  This was primarily a water dispute between Gujarat, Maharashtra, Madhya Pradesh, and Rajasthan.
• Cauvery Water Dispute: During the late 19th century, a major water dispute began between Karnataka, Kerala, Puducherry, and Tamil Nadu.
• Krishna Water Dispute: The states of Karnataka, Maharashtra, Andhra Pradesh, and later Telangana as well were involved in a dispute over the sharing of Krishna river water.
• Ravi and Beas Water Dispute: Around the 1980s, the states of Rajasthan, Punjab, and Haryana were involved in a dispute revolving around the sharing of Ravi and Beas river water.

Causes for Water Dispute

• Uneven Water Distribution: Since rivers are a natural resource, no one can control how they flow and how much water a state would really get. Often, a river flows through multiple states, but the distribution is quite uneven. So, one of the states can get more water than the others, which becomes a cause of dispute because some states will have a greater share of water than the others.
•  Increasing Need for Water: River water is mainly used for irrigation purposes and farming besides other household work such as cleaning, washing, etc. With more and more people settling down, the usage of water increases. People would need to use greater quantities of water, which creates a water shortage problem, especially in areas or states with an already smaller share of the water.
• Polluting of Water Bodies:  Besides agriculture, river water is also used by industries for manufacturing. In both cases, the river water is polluted, either due to fertilizers, chemicals, industrial waste, household waste, etc. This creates a general problem of water pollution, but it also reduces the amount of clean river water available to other states, especially those which are located downriver. Having to use dirty water or facing issues of inadequate water flow becomes one of the common reasons for water disputes in India.
• Absence of an Authority on Water Distribution and Disputes:  Unfortunately, there is no real authority or government agency which deals with the issue of river water allocation, usage of the water, consequences of polluting it, etc. Unless the inhabitants are faced with an issue, or a major dispute arises, there is no agency or authority which focuses on the general issue of river water distribution and its uses. The Tribunal exists, but it cannot implement any orders.

Solutions for Inter-State Water Disputes

The fact that disputes arise over the use and sharing of river water is not the real problem. Problems arise when multiple people use the same resources for multiple uses, but it is important that these problems are resolved to the satisfaction of all concerned and also do not take longer time than usual. Here are some ways to solve the issues: -

• People Should Be More Careful and Considerate: Knowing that many people use the very resources of water for various purposes, it is important that the users utilize it with care and do not waste water, do not pollute it, and do not create any unnecessary problems with regards to the usage. With resources only depleting, people should be made more aware of the situation and should be considerate when using them. Water is an essential resource, and people should use it economically.
• Mutual Cooperation: It is the state government’s responsibility to manage river water sharing, especially since it comes under the State List. Different states that share the same river water must reach a consensus or an agreement so that it is made clear what the demarcation of river water is. Such agreements must lay out the terms of water usage so that individuals and industries only use a certain amount of river water and for a particular reason.
• Creation of a Private Authority or Agency:  Besides government agencies, it is important to create private or non-governmental agencies that would monitor river water utilization and sharing. While government agencies focus on such issues, having organizations working solely on matters concerning river water and its use makes it easier to assess the problems and find solutions quicker.
• Change in Laws:  Laws must be changed or altered to fit the needs of the people. Since the states use river water for many purposes, it becomes important that more laws are devised. Existing ones are revised to make sharing of water resources easier, which could possibly speed up the process of seeking redressal from such problems. The Interstate River Water Disputes Act is one such example.

Water is an essential resource, and life cannot exist without it. In cases such as that of India, where multiple states and thousands of people have to use the same river water in their day to day needs, it is of utmost importance that there is a proper way to solve any disputes which might arise and that measures are taken to avoid disputes in the first place.

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Inter-State River Water Disputes in India: Is it time for a new mechanism rather than tribunals?

Last updated on September 18, 2023 by ClearIAS Team

Various Inter-State Water Disputes Tribunals have been constituted so far, but it had its own problems. In this article, we analyze whether it’s time for a new mechanism.

Table of Contents

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.

• Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
• Entry 56 of Union List gives power to the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.

Article 262 of the Indian Constitution:

Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article 262 is mentioned in the constitution itself due to the sensitivity of such disputes.

In the case of disputes relating to waters, Article 262 provides:

• 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.
• Notwithstanding anything in this Constitution, Parliament may, by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.

Parliament has enacted two laws according to Article 262:

1) river board act, 1956.

The purpose of this Act was to enable the Union Government to create Boards for Interstate Rivers and river valleys in consultation with State Governments. The objective of Boards is to advise on the inter-state basin to prepare development scheme and to prevent the emergence of conflicts.

Note: Till date, no river board as per above Act has been created.

2) Inter-State Water Dispute Act, 1956

Provisions of the Act: In case, if a particular state or states approach to Union Government for the constitution of the tribunal:

• Central Government should try to resolve the matter by consultation among the aggrieved states.
• In case, if it does not work, then it may constitute the tribunal .

Note: Supreme Court shall not question the Award or formula given by tribunal but it can question the working of the tribunal.

The composition of the River Water Tribunal: Tribunal is constituted by the Chief Justice of India and it consists of the sitting judge of Supreme Court and the other two judges who can be from Supreme Court or High Court.

The Present Mechanism to resolve the inter-state river water disputes in India

Thus it can be seen that – the resolution of water dispute is governed by the Inter-State Water Disputes Act, 1956. According to its provisions, a state government can approach the Centre to refer the dispute to a tribunal, whose decision is considered final.

Active River Water sharing Tribunals in India

• Krishna Water Disputes Tribunal II (2004) – Karnataka, Telengana,Andra Pradesh, Maharashtra
• Mahanadi Water Disputes Tribunal (2018) – Odisha& Chattisgarh
• Mahadayi Water Disputes Tribunal (2010)- Goa,Karnataka, Maharashtra
• Ravi& Beas Water Tribunal (1986)- Punjab, Haryana,Rajasthan
• Vansdhara Water Disputes Tribunal (2010)- Andra Pradesh & Odisha.

Inter-State river water disputes under the Inter-State River Water Disputes Act (ISRWD), 1956

Note: You can check the verdicts and latest status of each of these river water tribunals in this link .

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Inter-State Water Dispute Act, 1956: Extra Ordinary Delays in the execution and implementation

• Many times there have been extraordinary delays in constituting the tribunal. For example, in the case of Godavari water dispute , the request was made in 1962. The tribunal was constituted in 1968 and the award was given in 1979 which was published in the Gazette in 1980.
• Similarly, in Cauvery Water Dispute, Tamil Nadu Government requested to constitute the tribunal in 1970. Only after the intervention of Supreme Court, the tribunal was constituted in 1990.
• Due to delay in constituting the tribunal, state governments continued to invest resources in the construction and modification of dams, thus strengthening their claims.

Solution: Amendments to the Act in 2002

• In 2002, an Amendment was made in the Act by which the tribunal has to be constituted within a year of getting the request.
• It has also been mandated that the tribunal should give the award within 3 years. In certain situations, two more years can be given. Thus the maximum time period was 5 years within which the tribunal should give the award.
• Tribunal award is not immediately implemented. Concerned parties may seek clarification within 3 months of the award.
• It has also been clarified that the Tribunal Awards will have the same force as the order or decree of Supreme Court. The award is final and beyond the jurisdiction of Supreme Court.

But still, there were issues…

• Though Award is final and beyond the jurisdiction of Courts, either States approach Supreme Court under Article 136 (Special Leave Petition) or private persons approach Supreme Court 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. Thus there is not much difference in tribunal and Supreme Court Bench.
• Tribunals work gets delayed due to the lack of availability of the data.

New Solution: Inter-State Water Disputes (Amendment) Bill, 2017 –  Dispute Resolution Committee and Single Permanent Tribunal

• The government has introduced this Bill in the present session of the Lok Sabha seeking to speed up the interstate water dispute resolution.
• The centre is to set up Dispute Resolution Committee having experts from the different fields in case of water disputes. The Committee will try to resolve the dispute within 1 year. The tribunal will be approached only when this committee fails to settle the dispute.
• According to this Bill, a Single Permanent Tribunal is to be set up which will have multiple benches.
• The Bill calls for the transparent data collection system at the national level for each river basin and a single agency to maintain data bank and information system.

The Case Studies of recent Inter-State River Water Disputes in the news

1) cauvery water dispute.

Cauvery is an inter‐State basin having its origin Karnataka and flowing through Tamil Nadu and Puducherry before out falling in the Bay of Bengal. The states concerned are Kerala, Karnataka, Tamil Nadu and Puducherry (UT).

• In 1892, there was an agreement between the princely state of Mysore and British province of Madras.
• In 1924, a new agreement for 50 years i.e. till 1974.
• In 1970, Tamil Nadu Government approached to Central Government to constitute the tribunal and also in the same year Tamil Nadu Farmers Association filed a civil suit in Supreme Court.
• In 1986, Tamil Nadu again made a formal request to constitute the tribunal.
• In 1990, the tribunal was set up on the directions of Supreme Court.
• The Cauvery Water Disputes Tribunal passed an Interim order in 1991 directing the State of Karnataka to release Water from its reservoirs in Karnataka so as to ensure 205 Thousand Million Cubic Feet (TMC) of water into Mettur reservoir of Tamil Nadu in a water year (1 st  June to 31st May) with monthly and weekly stipulations. Karnataka government refused to obey the interim award.
• After 16 years of hearing and an interim order, the Tribunal announced its final order in 2007 allocating 419 tmcft water to Tamil Nadu and 270 tmcft to Karnataka. Kerala was given 30 tmcft and Puducherry got 7 tmc ft. Both Karnataka and Tamil Nadu filed review petitions in Supreme Court.
• Karnataka has not accepted the order and refused to release the water to Tamil Nadu. In 2013, Contempt of Court was issued against Karnataka.
•  In 2016, a petition was filed in Supreme Court to seeking the release of water by Karnataka as per the guidelines of the tribunal. When Supreme Court ordered Karnataka to release water, Kannada people protested the decision saying they do not have enough water.
• The matter is still sub judice (under judicial consideration).

2) Satluj Yamuna Link Canal Issue

• The issue links to the dispute between Punjab and Haryana after the formation of the Haryana in 1966. The parties involved are Punjab, Haryana, and Rajasthan.
• To enable Haryana to use its share of the waters of the Satluj and Beas, a canal linking the Satluj with the Yamuna was planned and in 1982 its construction was started.
• Due to the protest by Punjab, the tribunal was set up in 1986 which gave an award in 1987 recommending Punjab’s share as 5 Million Acre Feet (MAF) of water and Haryana’s as 3.83 MAF.
• Punjab contested the award and held that the tribunal overestimated the availability of the water. Haryana approached Supreme Court for the construction of the SYL canal in 2002. Supreme Court directed Punjab to complete the construction of canal within 12 months.
• In July 2004, Punjab Assembly passed Punjab Termination of Agreements Act scrapping water-sharing agreements with other states and thus jeopardising the construction of the canal. This Act has been declared unconstitutional by the Supreme Court in 2016 under President Advice (Article 143). In response, Punjab Assembly passed the Act according to which the land acquired for the canal would be denotified and returned to the original owners.
• Supreme Court has directed both Punjab and Haryana to maintain status quo in the Sutlej Yamuna Link canal controversy .
• In the recent hearing, Centre has offered as a mediator to both Punjab and Haryana.

Inter-State River Water Disputes: The Conclusion

India has 2.4% of the World’s land, 18% of the world population but only 4% of the renewable water resource. If sufficient steps are not taken, the uneven water distribution will increase the possibility of water conflicts.

Inter-state river water disputes hinder the cooperative federalism of our nation and provide parochial mindset making regional issues superior to national issues. One should realise that our nation is a family in which all states are its members.

So disputes must be resolved by dialogue and talks and the political opportunism must be avoided. The issue can be resolved by discussing the dispute in Inter-State Council which can be beneficial in providing a platform for the talks. Such disputes must be resolved as early as possible to ensure greater cooperation between the states.

Article by: Rahul Sharma, UPSC Topper 2016, With All India Rank 76

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Wise information

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Supper .Thanks a lot

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excellent please provide more essays related to current issues useful for both upsc and ssc

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Very concise and to the point. Thank you clearIAS.

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Inter-State River Water Disputes in India

October 11, 2019 by Sandeep

Rivers are the lifeline and necessary asset of any country. Our country is gifted with many great rivers like the Ganga, Brahmaputra, Cauvery, Narmada, Godavari etc. All these rivers provide fresh water supply for a variety of purposes in day-to-day lives and we cannot imagine life running smoothly without the flow of water in our taps through these river systems.

Rivers have helped the birth and growth of many civilizations in the past. As of today, the pollution levels in rivers have increased at such an alarming rate that it is high time we work to conserve and clean our river systems, for our future.

What if we get up in the morning and find our taps running dry in every corner of our house. We would be unable to even start thinking of our daily chores without the supply of water in our taps. Our country largely depends on rainfall for its river water supply. When rivers are full, dam gates are opened and water stored and let into reservoirs. When summers are high and temperatures start soaring, water levels start receding in these rivers and a drought situation looms large.

So, on one hand rain brings floods in some parts of our nation and on the other hand, a pitiable drought situation. To balance the both, successive governments have suggested river-linking schemes as a major breakthrough in the whole geography of the nation. The future implementation and working of this linking system is currently underrated and is to be waited and watched for in the times to come.

River water disputes between states

Owing to the vast land distribution, the rivers of one state flow into neighbouring states, but the distribution is quite naturally unequal at different places. This has caused the states within the country to war at each other and knock on the doors of higher courts for justice.

There has been no one-stop solution for the inter-state water disputes in our country and every following year, these disputes have taken on multi-dimensional colors and expansions at various levels. Some of the most common water disputes occurring every year in our country are:

Cauvery water dispute

The distribution of Cauvery waters between the states of Karnataka and Tamil Nadu is one of the oldest disputes in our country, almost 124 years old.

Every year, the water-sharing ratio between the two states take on political colors, resulting in widespread violence and regional disturbances between the local people of both the states. 

People from both states are heavily dependent on the river for both domestic needs and agricultural purposes.

Usually, in summers, the basin around the Cauvery delta becomes very dry and arid, thanks to poor rainfall during the hot months. The cause of the dispute between the two states is quite clear in these dry months. 

The state of Karnataka claims for a higher share of the river water as the river originates at Talakaveri in Madikeri, Karnataka.

Almost more than half of the Cauvery water resources are present in the state of Karnataka, and hence they claim a higher share. 

There has not been any solution found for this river water sharing crisis, and we have to wait and watch when a resolution comes in place.

Sutlej Yamuna canal linking dispute

The sharing of waters from Sutlej and Yamuna rivers between the states of Punjab and Haryana became a major dispute during the ruling of Indira Gandhi in the year 1976. 

Around 1990, a major issue cropped up between the two states, regarding not just the sharing of waters but about the construction of the canal linking the river to the two states.

The canal was gradually constructed amidst a lot of controversies and issues. The Punjab government passed the Punjab Termination of waters agreement act, 2004, and even now, it’s a row of conflict to repeal the case in the Supreme Court.

Mahadayi river issue in Goa, Karnataka, and Maharashtra

The Mahadayi River, popularly called as the Mandovi River in Goa takes its birth in Karnataka but flows to Goa. Starting from 1980, the three states of Karnataka, Goa, and Maharashtra have been fighting to get a solution for the sharing of the Mahadayi waters.

Karnataka is especially prominently surging in this battle of water after a tribunal formed to request for water release to Karnataka was rejected by a Supreme Court order.

Associated problem areas

The Indian subcontinent has faced many water disputes, some even before the country got its independence. Most of the water disputes face legal conflicts and some aren’t peacefully resolved even to this current day. The legal battles take on political colors, especially during elections. Political parties take maximum advantage out of these water disputes and draw people to believe that they actually sympathize with the common man.

The interstate river water disputes (amendment) bill 2017 is a boon in this regard. It was introduced by Miss Uma Bharathi in the year 2017. A ‘dispute resolution committee’ was formed to look into water disputes arising between any two states and work out an amicable resolution for the same. A higher tribunal was also formed in case the dispute resolution committee failed to come up with an amicable resolution.

The setting up of this tribunal found new ways to uphold the co-operative federalism of our nation. The water disputes of our nation between states are bound to bring down the cooperative federalism and water crisis and fight for water is only going to rise without a smooth solution for the same.

Solutions for water disputes

A good solution for the interstate water disputes is to have the central government form a centralized body that will look into such conflicts and resolve water issues between warring states. A central body can engage itself in data acquisition through local agencies of every state to know the plight of water resources and assess current situation of any looming water crisis at present.

After data collection, the committee can then act upon disputes and settle them in a fair manner. For every river basin present in the country, a state level data collection and assessing point should be set up. This point or agency should report to a central level data assessing unit. The state level points should carefully acquire every possible information, like water necessity, their current share, holding etc and submit details to the central unit.

The central assessing unit should double up as an information centre cum data assessing bank to act upon issues at times. A permanently constructed tribunal, a centralized one, a single unit can fairly advocate water dispute policies and amend bills to look after fair judgement to states and ensure proportional sharing of interstate waters.

Water resources are an important asset to our nation. Agriculture is the backbone of our nation and a majority of rural population, even to this day is dependent on agriculture for their livelihood. Whenever there is a water dispute, whenever a water conflict takes on political colors, it is these people in the river basin and catchment areas that are most affected.

South Asia Network on Dams, Rivers and People

Inter state River Water Disputes in India: History and status

Water sharing disputes across the country (and even beyond) are only going to escalate with increasing demands, and also with increasing pollution & losses reducing the available water. 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. The government’s agenda of interlinking of rivers would further complicate the matters.

The ongoing Cauvery Water Dispute [ iv ] has once again brought the focus on interstate river water sharing disputes in India and what has been our experience so far. There is no solution of Cauvery water dispute in sight and the engineer-dominated Cauvery Management Board that the Cauvery Water Dispute Tribunal Award has recommended is unlikely to help matters.

Current Tribunals Some of the water disputes that are ongoing now include the Mahadayi water dispute between Goa, Karnataka and Maharashtra, the Vansadhara Water Dispute between Odisha and Andhra Pradesh,the Krishna Water Dispute between Maharashtra, Karnataka, Telangana and Andhra Pradesh, Cauvery Water Dispute between Kerala, Karnataka, Tamil Nadu and Puduchery and Ravi Beas Tribunal Between Punjab, Haryana, Rajasthan and Himachal Pradesh. For all these five cases, the Tribunals set up under the Inter State Water Disputes Act of 1956 are still in office and supposed to be functioning, though in case of Cauvery and Ravi Beas disputes, there is no activity happening at the Tribunals. Even in case of Krishna dispute, the only issue the Tribunal is now discussing is the water sharing between newly created states of Telangana and Andhra Pradesh. So for example in the 2016-17 budget of Union Ministry of Water Resources, River Development & Ganga Rejuvenation (MoWR for short) [i] , there is provision of Rs 0.68 Cr for Ravi Beas Tribunal, Rs 2.8 Cr for Cauvery Tribunal, Rs 2.6 Cr for Krishna Tribunal, Rs 4.52 Cr for Vansadhara Tribunal and Rs 3.1 Cr for the Mahadayi Tribunal.

Past Tribunals The Narmada Water Disputes Tribunal award came in 1979, the Godavari Krishna Disputes Tribunal award was announced in July 1980 and the Krishna Water Disputes Tribunal award was announced in Dec 2010. These tribunals no longer function. However, in case of the Krishna Water Disputes Tribunal, after the bifurcation of Andhra Pradesh and Telangana, the water distribution issue between these two states has been referred to it, so it is functioning again.

The Narmada Water Disputes Tribunal award did not entirely resolve the issue, the dispute between Gujarat and Madhya Pradesh lingered on many years after the Tribunal Further Award in 1979. Major project that the tribunal decided about, namely the Sardar Sarovar Project, is still incomplete, 37 years after the tribunal award and several petitions have been filed subsequently, since the Tribunal did not hear the affected people, who continue to struggle. Even people of dry region of Kutch, in whose name the project was justified, went to the Supreme Court, asking for greater share in Narmada waters. The Tribunal award is up for review in eight years, and the states are already gearing up for next round of fight.

In case of Godavari Tribunal decision, the Polavaram dam that was one of the key aspect of the decision, continues to be under construction and large number of disputes and litigations are still pending. The Krishna basin disputes has already seen need for second tribunal and its work is still ongoing.

All this shows that none of the tribunals have been able to resolve water sharing conflicts permanently.

The Indus treaty between India and Pakistan[ iii ] is often cited as an example of successful water sharing dispute resolution. However, the Indus Treaty basically divides the six rivers between the two states, giving absolute right to use waters of Beas, Ravi and Sutlej to India and most of the rights over waters of Chenab, Jhelum and Indus to Pakistan. The limited rights that upper basin areas of India have over the three western rivers, remains to be fully used, but many of the projects on these rivers have been challenged by Pakistan, and at least one of them was even taken to International Court of Justice at Hague.

There have been number of agreements between India and Nepal, including on Kosi, Gandak, Sharda and Mahakali rivers, but Nepal continues to have so much resentment that one cannot call any of them as successful examples of river water sharing.

Other ongoing Disputes In addition to the tribunals, the MoWR website lists three more disputes as ongoing disputes. The Polavaram (also known as Indirasagar) Dam in Andhra Pradesh has led to a dispute with Odisha and Chhattisgarh as the dam is going to submerge large parts of tribal areas of these states, but there has not even been an environment and social impact assessment, nor public consultation process. The Ministry of Environment and Forests have given a stop work order, but strangely, the order keeps getting suspended, and in the meantime, the Union Government has declared the project as a National Project and offered to fund it fully, though the project will be implemented by Andhra Pradesh. However, several petitions remain pending in the apex court against the project. Telangana has also raised a number of issues about the project, including share in benefits and backwater impacts. How is the project going ahead in spite of these issues, remains a mystery.

The second dispute that MoWR lists is about the Bhabali barrage on Godavari river. The MoWR website says about this dispute: “The State of Andhra Pradesh in May, 2005 brought to the notice of the Central Government that Government of Maharashtra was constructing Babhali barrage in the submergence area of Pochampad Project (Sriramsagar Project) in violation of the Godavari Water Dispute Tribunal (GWDT) award dated 7.07.1980. Babhali barrage is located on the main Godavari River in Nanded district; 7.0 km upstream of Maharashtra – Andhra Pradesh border. The Pochampad dam on Godavari River is 81 km downstream of Babhali barrage. Pochampad storage stretches to a distance of 32 km within Maharashtra territory and its submergence is contained within river banks in its territory under static conditions.” Following the creation of Telangana state on March 1, 2014, the dispute now is between Maharashtra and Telangana, but with signing of an agreement between these two states recently, this dispute may now be a history, though the MoWR website is yet to take cognizance of this.

The third ongoing dispute that MoWR lists is about Mulla Periyar Dam between Kerala and Tamil Nadu. The dispute here is basically about safety of an over 120 year-old dam, which if it beaches, will affect Kerala, when all the benefits are going to Tamil Nadu. Kerala, in rare magnanimity seen in interstate water disputes, has offered that Tamil Nadu will continue to get all the water it is currently gets, even though Tamil Nadu does not have much share it the basin, but the beneficiary state of Tamil Nadu is refusing to allow decommissioning of the dam. The dam will have to be decommissioned at some stage, sooner its safety issue is resolved, better it will be.

However, there are a number of other simmering issues. One major dispute that is soon likely to go the tribunal way is Mahanadi water sharing issue between Chhattisgarh and Odisha. Odisha government has already sent letters to the Centre, referring to the Inter State Water Disputes Act of 1956. The meetings of the Chief Secretaries and the Chief Ministers called by the Centre has not helped resolve the issue so far.

A dispute between Tamil Nadu, Karnataka and Andhra Pradesh on Palar River Water sharing has been brewing for some years. Another between Tamil Nadu and Kerala has started with Kerala seeking stage I environment clearance for Atapadi irrigation project on a tributary of Cauvery. The Sutlej Yamuna water sharing issue between Haryana and Punjab also keeps raisinging its head from time to time. There is also unresolved water sharing issue between Upper Yamuna Basin states. Between Maharashtra and Gujarat, the issue of water sharing of Tapi River remains unresolved now for some years, blocking the approval for Par Tapi Narmada and Damanganga Pinjal River Link proposals. However, none of these issues have so far gone the tribunal way.

Principles of water sharing The tribunals have been using a number of principles while deciding about water sharing between contending states. The Helsinki rules were issued in 1966, United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses were finalized in 1997, the World Commission on Dams report came in Nov 2000, the Berlin Rules were issued in 2004. All of them have certain commonalities, but they differ in some aspects. This brief article will not allow detailed analysis of these rules and conventions, but we need to adopt and use them according to our situations. India’s National Water Policy and Draft National Water Framework Bill also mention some principles.

Environmental flows for rivers Earlier tribunal awards like the Narmada tribunal did not provide any water for the river downstream from the Sardar Sarovar Dam. It said that, since the downstream river was entirely in Gujarat, Gujarat can allocate water for the river from its own share. More recent awards like the Cauvery award of 2007 and the Krishna award of 2010 have provided some water, but the quantum is so small that it sounds more like tokenism.

So for example in the Cauvery award, there is a token provision of 10 TMC (thousand Million Cubic Feet), less than 1% of available flows or 740 TMC, for the river.  But even for that provision there are absolutely no practical mechanisms to ensure the river gets it throughout its stretch. It seems to escape the attention of the tribunals that if there is no river, how will the states get their share of water?

In that context what the interim award dated July 17, 2016 of the Mahadayi Tribunal says is educative: “Rivers are important for many reasons. One of the most important things they do is to carry large quantity of water from the land to the ocean. There, seawater constantly evaporates. The resulting water vapour forms clouds. Clouds carry moisture over land and release it as precipitation. This freshwater, feeds rivers and smaller streams. The movement of water between land, ocean, and air is called the water cycle. The water cycle constantly replenishes Earth’s supply of freshwater which is essential for almost all living things. Except some few rivers, all rivers ultimately flow into the sea whether it is Arabian Sea or Bay of Bengal etc. Before merging into the sea the water of the river is available for consumptive and non-consumptive uses by the States concerned. Therefore, merging of water of river Mahadayi to the Arabian sea irrespective of uses, cannot be considered to be wastage of water. The plea of wastage of water may become relevant if surplus water is available. As indicated in the earlier part of this order, this tribunal has come to the conclusion that the State of Karnataka has failed to establish at this stage that the surplus was is available at the three points from which the water is sought to be transferred to Malaprabha basin if water available is 108.72 tmc at 75% dependability in the Mahadayi basin. For this reason, it is difficult for the Tribunal to accept the case of Karnataka that water goes into the sea is wastage.”

Implementation of Tribunal Awards Some of the tribunals have made provisions for implementation of the awards. So for example, the Narmada Tribunal Award made a provision of Narmada Control Authority, to which Rehabilitation and Environment Sub Groups were added. This arrangement has been useful to some extent due to provision of some independent members in the Environment Sub Group, though they are missing in other bodies. The Cauvery dispute lingers on over nine years after the Final Award of the Tribunal and on Sept 20, 2016, the Supreme Court has directed constitution of the Cauvery Management Board as provided in the Cauvery Water Disputes Tribunal Award. However, this engineers dominated body do not seem to have right constitution for river basin management in this 21 st Century.

The government has been considering setting up of a permanent River Water Disputes Tribunal, but we need change in the interstate water disputes act to ensure that river, environment and communities get a voice in the functioning of the Tribunals.

In Conclusion It can be seen from the above facts that almost in every case, the dispute between states have arisen when a state goes for construction of major dam on interstate rivers. So there was no dispute on Narmada till Gujarat decided to build Sardar Sarovar Dam. There was no dispute on Mahadayi till Karnataka decided to build diversion structures under the Kalsa-Bhanduri Project [ii] . At the root of a number of disputes are dams like Polavaram, Mulla Periyar and Bhabali barrage. In Cauvery basin, the dispute started when the upstream state Karnataka proposed dams, threatening the water availability for irrigation systems in Cauvery delta.

Even if we look internationally, India shares at least 54 rivers with Bangladesh, but the dispute is there is only about Ganga River, after construction of Farakka barrage and regarding Teesta barrage after construction of another diversion barrage there. For rest of the rivers, there is no dispute so far.

If the plans of Inter Linking of Rivers get implemented, then the existing scenario is likely to undergo major change and the disputes are likely to multiply and would be much more complicated. A glimpse can be seen in Gujarat and Maharashtra where Par Tapi Narmada Link is still opposed by Maharashtra despite BJP Government in both states.

So the most successful way of sharing rivers is not to build large dams! In 21 st Century water management scenario, we can avoid more disputes and complications by using the available water of our rivers in more prudent, sustainable and environment friendly way, without necessarily involving large dams and diversion structures or inter linking of rivers. But it seems we are going to learn only hard way!

In this context it should be mentioned here that, while the disputes and tribunals are about sharing of surface waters, India’s water lifeline today is groundwater. But strangely, the tribunals do not even include groundwater use while calculating and apportioning water use.

The biggest problem in the way the interstate water disputes have been handled by the central and state governments, the tribunals and the judiciary is that there is no place for the river, the people who depend directly on the river and those who get affected by the decisions of these bodies. Nor is there any role for environmental, social and cultural issues related to the rivers.

The legal and institutional architecture has no place for these stakeholders currently. We need to urgently change this.

Himanshu Thakkar ( [email protected]) , SANDRP

Note : An edited version of this has been published under the title “Interstate Water Issues: Disputes Aplenty” in Oct 14, 2016 issue of FRONTLINE magazine, see: http://www.frontline.in/cover-story/disputes-aplenty/article9153555.ece?homepage=true

END NOTES :

[i] http://wrmin.nic.in/writereaddata/DDG_2016-17.pdf

[ii] https://sandrp.wordpress.com/2016/08/02/mahadayi-water-disputes-tribunal-trouble-brewing-in-paradise/

[iii] For an article on Indus Treaty, see: https://sandrp.wordpress.com/2016/10/04/so-who-will-suffer-in-the-indus-water-imbroglio/

[iv] https://sandrp.wordpress.com/2016/09/23/cauvery-is-there-will-for-way-forward-will-constitution-of-cmb-help/

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9 thoughts on “ Inter state River Water Disputes in India: History and status ”

Recently a new wave of tussle and controversy over the Mahanadi water has come up between Odisha and Chhatisgarh. No solution in the share of water between these two states has been reached till date.

if there will be no dams , then from where will be hydro power be produced ? interlinking of rivers can solve water scarcity problems of millions of indians especially farmers . interlinking of rivers is not just the need of the century but need of the hour….ground water is scarce and cannot help solve the water crisis. every year kosi river destroys the lives of milions of bihari poor people because of its waters ..and the same time farmers of bundelkhand and vudharbha region are dying……interlinking of rivers is mandatory for a huge country like india .

All evidence shows that large dams or interlinking of rivers are not viable, desirable, least cost or democratic options.

Thank you very much for posting this It is very very useful🌞

Our country has highly variable rain both in time and space. We have to store water in our house if the supply is erratic and use it whenever needed. Large dams have higher depth and hence low evaporation.If deconstruct severalamall dams in lieu of one big dam water will be lost during summer. Hence for feeding our population such large dams are very much needed.

Not really sir. The most benign, cost effective and quick storage option is groundwater. Our aquifers are empty. Similarly our soils. Increase carbon content to increase its; ;capacity to store water. Thirdly, local water storages, since rain is decentralised and demands are decentralised. Lastly, use existing storage capacity optimally. Try and reduce siltation. Desilt local systems. If we do all this,FIRST, we may have done a lot. We wont need big dams.

I really think the writer did a commnedable job in approaching all of the aspects also I totally agree with the conclusion he made. Was an interesting read to such a mind boggling topic.

Many thanks, for your feedback and kind words. Much appreciated.

Sir, you have done a great job

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Inter-State Water Disputes Tribunals in India

In this article, you can read about inter-state water disputes and inter-state water disputes tribunals in India for the UPSC exam. This is a topic that is frequently seen in the newspapers and hence, is important for the IAS exam .

India has 18% of the world’s population but only 4% of its renewable water resources. There is uneven water distribution in the country and states are frequently at loggerheads over the distribution of rivers in the country. There are seven major rivers in India. They are as follows:

• Brahmaputra

They all have many tributaries as well.

Water in the Indian Constitution

• Water is in the State List. It is Entry 17 of the list and hence, states can legislate with respect to rivers.
• Entry 56 of the Union List, however, gives the Central government the power to regulate and develop inter-state rivers and river valleys.
• Article 262 also states that the Parliament may 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.
• River Board Act, 1956: This empowered the GOI to establish Boards for Interstate Rivers and river valleys in consultation with State Governments. Till date, no river board has been created.
• Inter-State Water Dispute Act, 1956: Under this act, if a state government or governments approach the Centre for the constitution of a tribunal, the government may form a tribunal after trying to resolve the dispute through consultations.

River Water Tribunal Composition

The tribunal consists of the Chief Justice of India, a sitting judge from the Supreme Court, and two other judges who are from either the SC or a High Court.

Inter-State River Water Disputes

Currently in India, water disputes resolution is governed by the Inter-State Water Disputes Act, 1956. As per this law, the state governments can approach the centre for a tribunal for the resolution of a water dispute. The decision of the tribunal is final.

Active inter-state river water disputes tribunals

The Cauvery Water Dispute Tribunal was dissolved in July 2018.

River Water Disputes Tribunals History

The very first inter-state water disputes tribunal was the Krishna Water Disputes Tribunal formed in 1969. The states involved were Karnataka, Andhra Pradesh and Maharashtra. It was chaired by R.S. Bachawat and it gave its verdict in 1973. However, decades later, the concerned states wanted a review and the second Krishna Water Disputes Tribunal was formed in 2004. It gave a verdict in 2010 which was reexamined on the behest of Andhra Pradesh. Meanwhile, when Telangana was formed, it also became the fourth party to the dispute. This case is pending in the Supreme Court.

Amendment to the 1956 Act

Delays in the settlement and execution of the resolutions have been problems with the tribunal method of dispute resolution.

An amendment was enacted to the Inter-State Water Disputes Act in 2002 which brought about a few changes such as:

• The tribunal has to be constituted within one year of the request.
• The tribunal should give the award within 3 years and in some exceptional cases, within 5 years.
• If the award is not immediately implemented, the concerned parties can seek clarification within three months.
• However, the states could still approach SC through Article 136 (Special Leave Petition)
• Private persons could approach the SC under violation of Article 21 (Right to Life).

Inter-State Water Disputes (Amendment) Bill, 2017

This bill proposes that a single permanent tribunal be set up for the purpose of such disputes. It proposes a transparent data collection system at the national level for each river basin and a single agency to maintain data bank and information system. The government will also set up a Dispute Resolution Committee comprising of experts from concerned fields. The committee will try to resolve the dispute within one year. The tribunal will be approached only if the committee fails to resolve the dispute.

Frequently Asked Questions on Inter-State Water Disputes Tribunal in India

Q 1. what are interstate water disputes, q 2. what is the difference between a court and a tribunal, q 3. what are the causes of inter-state water dispute.

Ans. There may be multiple reasons for Inter-state Water Disputes. These include:

• Initial allocation of property right over water
• More Water scarce areas in a particular state
• Political reasons
• Historical causes
• If the existing rules are not followed by water resource sharing states

Q 4. Which states are involved in the Mahadayi Water Disputes Tribunal?

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Insights Weekly Essay Challenges 2017 – Week 2: Water disputes between states in federal India

Insights Weekly Essay Challenges 2017 – Week 2

08 January  2017

Write an essay on the following topic in not more than 1000-1200 words:

Water disputes between states in federal India

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