justice for water
january 2011

Chamali Liyanage and Indu Wa�ege
Edited By Hemantha Withanage

A study funded by the Tagaki Fund for Ci�zen Science

Photo by Chamali Liyanage

Stream at BeramullaJus�ce for water

justice for Water
january 2011
Contents of this research report may be cited with proper acknowledgement to the report and the
publishers.
An Online edi�on of this publica�on is available at www.ejus�ce.lk
Photographs: Chamali Liyanage,
Copy Edi�ng: Hemantha Withanage
Design and Layout: Hemantha Withanage
Prin�ng: Sithru Graphics
This publica�on was prepared by the Centre for Environmental Jus�ce (CEJ) - Friends of the Earth
Sri Lanka with the ﬁnancial assitance from the Tagaki Fund for Ci�zen Science, Japan .

acknowledgements: This work is not possible without the ﬁnancial support of the Takagi Fund for Ci�zen Science. We wish to express our sincere gra�tude to Ms. Shoko Murakami, Asia Program
Oﬃcer of the Tagaki Fund for her kind assistance for this work.
A special thank goes to Mr. Hemantha Withanage, Execu�ve Director of CEJ for his valuable guidance and sugges�ons throughout the en�re period of study.
We would like to thank Mr. Rohana Kumara of CEJ who helped us
with water sampling.
Finally, our sincere thank goes to CEJ team members for theirencouragement given us throughout the study.
Centre for Environmental Jus�ce/
Friends of the Earth Sri Lanka
20A, Kuruppu Road
Colombo 08, Sri Lanka
Tel/Fax: 94112683282
info@ejus�ce.lk
www.ejus�ce.lk

page 2Jus�ce for watercontents
Foreword

5

Acknowledgement

6

Execu�ve Summary

7

Chapter 1- Introduc�on8

Chapter II - Water quality and heavy metals

12

Chapter III - Laws and Ins�tu�ons on Water in Sri Lanka

17

Chapter IV - Conclusion and recommenda�ons

26

References

29

Photo by Chamali Liyanage

justice for water

Page

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Foreword
United Na�ons General Assembly declared that access to clean water and sanita�on is a fundamental human right in July 2010.
The big ques�on how do you translate this to the local reali�es.
Water is the most precious natural resource on the earth. Water is a ma�er for couple of wars and some local civil wars. Yet
people don’t give its due respect to the water. Water pollu�on is caused by the human ac�vi�es from urban to the rural communi�es to the rich people to the poor, to the industrialist to the farmers. Most people forget water comes in a cycle and it includes
rains, forest, river catchments, lakes, rivers, canals and oceans when the water come out of the tap.
As we found some water bodies contain heavy metals such as lead, mercury, cadmium and chromium. They have very highlevels of coli form levels. Human excreta o�en go into these canals.Uniden�ﬁed Kidney Disease in Anuradhapura, Polonnaruwa,
Padaviya, Sri Pura, Minneriya, Hingurakgoda, Dehia�akandiya in the North- Central Province and some parts of the the Eastern
Province has already aﬀected more than 100,000 people.
Hundreds of conferences happen on the earth annually to discuss water rights, water pollu�on, water services and water regula�ons. Dozens of laws are available in each country to regulate water alloca�on, combat water pollu�on and protect individual’s
water rights.
Most canals, rivers and lakes in Sri Lanka also heavily polluted and can be seen as dirty waters. They can be easily cleaned if theexis�ng laws are properly enforced. Canals and rivers have become the dumping grounds. All liquid eﬄuent ﬁnally ends of in thecity canal system. Canals are blocked and they have become mosquito breeding grounds. The river reserva�ons and the water
bodies throughout the country have encroached by both rich and poor. There are hundreds of reasons you can hear if you ask
why they have encroached.
Public interest groups such as Centre for Environmental Jus�ce can do very li�le but most ac�ons le� to the public sector. Government agencies especially local authori�es can easily tackle this issue with a good corpora�on among the agencies and public.
Cleaning canals and water bodies is rather expensive than law enforcement.
I thanks the CEJ team involve in monitoring the heavy metals in the water bodies. I thank the co-authors and the research teamfor their extensive work. I do hope that anyone reading this report will be an ac�ve agent of mobilizing the other for protec�ngwater bodies for our future genera�ons.
Hemantha Withanage
Execu�ve Director
Centre for Environmental Jus�ce/ Friends of the Earth Interna�onal
Wennappuwa
15th January 2011

page 4

justuce for water

Execu�ve Summary
Water pollu�on is very evident in the city of Colombo and all other urban centers in Sri Lanka. Domes�c, Industrial waste or agricultural waste and agrochemicals responsible for such pollu�on. Cadmium in the North central Province is a famous issue whichaﬀects the people through the drinking water. But there are number of other non-famous cases.
The research carried out by the Centre for Environmental Jus�ce found high concentra�on of lead in some water bodies. Although people don’t consume this water for drinking purposes, some of this water ﬂows to rivers which use for bathing purposes.
In general the canals and the water bodies in the city of Colombo are cleaner than a decade before. Yet encroachments of thewater bodies, catchments and marshes including paddy ﬁelds are very visible in the ci�es as well as in the rural areas. Filing of
paddy ﬁeld cause a major problem to the water.
This legal research found that there are number of laws and regula�ons to control and regulate the water pollu�on, encroachments and destruc�on of the catchments. Yet we found that implementa�on of these regula�ons and coordina�on among theagencies is responsible for many water injus�ces.
Chapter IV of the report provide some recommenda�ons which is mainly for the public agencies to follow for the safeguard ofwater and to ensure water as a human right as declared by the UN general Assembly in 2010.

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page 6jus�ce for water

Chapter 1
Introduc�on
What is water?
Water is one of the most essen�al requirements forlife. Being water in its liquid form governs the establishment of life on earth. Metabolic ac�vi�es of livingorganisms take place inside cells which contains morethan 60% of water.
Though water is the most abundant compound on theearth’s surface which is about 70% of the planet, theamount of u�lizable water is very li�le. Fresh water ﬁtfor human consump�on is called drinking or potablewater. Only a small por�on of water present in theearth can be used by living beings.
Human civiliza�on, migratory pathways and se�lements were inﬂuenced by the availability of water andthe availability of water determines the ac�vi�es ofliving organisms.

Johannesburg Plan of Implementa�on
IV. Protec�ng and managing the natural resource base of
economic and social development
24.
Human ac�vi�es are having an increasing impact on the integrity of ecosystems that provide essen�alresources and services for human well-being and economicac�vi�es. Managing the natural resources base in a sustainable and integrated manner is essen�al for sustainable
development. In this regard, to reverse the current trend
in natural resource degrada�on as soon as possible, it isnecessary to implement strategies which should include
targets adopted at the na�onal and, where appropriate,
regional levels to protect ecosystems and to achieve integrated management of land, water and living resources,
while strengthening regional, na�onal and local capaci�es.
This would include ac�ons at all levels as set out below.

Cycling of water via evapora�on, transpira�on, precipita�on, sweeps, runoﬀs and ﬂowing create the balance and stability of earth. The simplest answer of the
purpose of water is for drinking which describes theexistence of biota.
More than 70% of the water in the world is used for
agricultural purposes. Water is mostly essen�al for hygiene and many other cultural and social aspects. For
industries, water is used for a wide range of applica�ons such as power genera�on, as a solvent, machinery purposes etc.
Water resources in Sri Lanka
Sri Lanka is endowed with rich water resources origina�ng from the central highlands that receive rain
during the monsoons.
The total volume of fresh water received annually is
13,230 million m3 and the average annual river ﬂow
is 40,680 million m3. There are 103 river basins which
cover 90% of the island and 309 major irriga�on reservoirs and nearly 18000 minor reservoirs.
The es�mated ground water poten�al of the country
is 780,000 hectare meters per annum. Rainfall is thepage 7jus�ce for water

primary source of groundwater. Its contribu�on to thegroundwater recharge is es�mated to be 7-30% (Anon
2000), or 200 - 600 mm/year.
The Mahaweli is the longest river draining 16% of thecountry and carries water from the wet zone to the dryzone. Inland waters include manmade lakes and ponds
and marshes, cons�tu�ng one of the highest densi�es in
the world. The area under water bodies covers 2905 sq.
km. or 4.43% of the total land area.
There are several aquifers with substan�al groundwater
resources in the limestone area in the north and west of
the Island. The Vanathavillu basin in the Northwest is amajor aquifer with the highest poten�al spreading over
40 km2 with a water poten�al 5-20 million m3/year.
Canal system in Colombo is a marvel about few decadesago. It includes natural canals as well as manmadecanals built during kings period and by the dutch andbri�sh colonial rulers for diﬀerent reasons. They include
Kalani Ganga, Baira lake, San Sebas�an canal (whichconnect Beira lake and Kelani river), Dematagoda Ela,
Orugodawa�a Ela, Ko�e Ela, Kirulapona Ela, Wellawa�aEla, Dehiwala Ela, Bolgoda Ela(connect Dehiwal Ela andWeras Ganga), Weras Ganga, Panadura Ganga, Diyawanna Oya and Lunawa Lagoon.
All these canals and water bodies are heavily polluted
except Diyawanna Oya which is compara�vely free from
pollu�on. There were number of project in Lunawa
Lagoon and Beira lake. Lunawa lake is a be�er water
body than how it was 2 decades ago. Yet polluted water
freely ﬂows to Lunawa lagoon as well as all other water
bodies.
Water as a right
Water must be in accessible and safe form for its users.
Consump�on of unsafe water creates serious healthhazards such as diarrhoea, especially in developing
countries, and annually kills over 2 million people worldwide.

page 8Worldwide, more than one billion people lack access topotable water, and more than two billion do not haveadequate sanita�on. As a result, over 3 billion people(mostly children under age 5) suﬀer from waterborne
diseases that can be fatal.
According to the WHO, at least 1.1 billion people worldwide do not have access to safe drinking water sourcesand every year more than 1.8 million people die of
diseases such as cholera. This directly aﬀects the healthof the people which governs development, educa�onand poverty too. Only 81% of people in South Asia haveaccess to improved drinking water. In Sri Lanka 77%
people enjoy access to improved drinking water exceeding the MDG targets.
Access to safe drinking water is a human right. The UN
General Assembly declared access to clean water andsanita�on a “fundamental human right” in July 2010.
The Na�onal Water Supply and Drainage Board (NWSDB
1993), sta�s�cs reveal that about 300,000 persons in
the Greater Colombo area live in slums which lack basicu�li�es such as safe water and toilet facili�es.
Water resource is under great pressure due to the increased human popula�on and mismanaged ac�vi�es.

jus�ce for water

Water pollu�on
One of the common topics that people men�on whenaddressing water is its pollu�on. Pollu�on simply
means any change in quality of water that adversely
aﬀects the biota or making it unsuitable for consump�on. Among most threats caused to natural resources
by mankind, pollu�on of water is also largely done
inten�onally or uninten�onally by the people. Also thisis among the leading causes of deaths and diseases of
the world.
The major inten�onal pressures on water resources
are agriculture, urbaniza�on and industrializa�onthat change land use pa�erns. Excessive use of agrochemicals and chemical fer�lizers, release of industrial
eﬄuents, domes�c waste and sewage and dumping ofsolid waste into waterways cause uninten�onal pressures. These pressures collec�vely interact resul�ng incomplex impacts on water resources which make water
unsuitable for human consump�on.
Discharge of eﬄuents both domes�c and industrial
is one of the causes for pollu�on in urbanized as wellas rural areas. Direct discharging of sewage to water
sources can be found all over.
Most waterways found in Sri Lanka are polluted tocertain degrees and some very highly. Dying of ﬁsh inwaterways has become a common phenomenon andKandy Lake is a common example for this.
The Kelani River runs through densely populated areas
and receives much organic pollu�on in the last 50 km
stretch due to the discharge of untreated faecal ma�er.
It is es�mated that the river discharges 36,000 kg/dayof COD compared to an es�mated 6000 kg/day of COD
discharged from the Mutwal ou�all some 1500m fromthe shore. In addi�on, the concentra�on of total andfaecal coliforms at the mouth of the Kelani is greaterthan in the seawater above the Mutwal ou�all (h�p://www.rrcap.unep.org/pub/soe/srilanka_water.pdf).

Many stagnant water bodies such as the Beira Lake,
Kandy Lake, Lake Gregory and the Kotmale reservoir
have undergone eutrophica�on and blooming due tonutrient pollu�on. Eutrophica�on deteriorates the stagnant waters and toxic substances resul�ng from degrada�on of toxic strains of Microcys�s that can be added
to the water, and such toxins aﬀect human and animal
health and can cause massive ﬁsh kills as in the BeiraLake, Kandy Lake and Kotmale resevoir. Treatment andrestora�on projects of polluted waters are exorbitant.
Eutrophica�on, or the process of nutrient enrichmentof stagnant waters due to excessive use of fer�lizer, isbecoming a cri�cal issue. Eutrophica�on and bloomingin the recently constructed Kotmale reservoir due to excessive use of fer�lizer in its upper Kotmale catchment
has been iden�ﬁed.
The consequent risk of high phosphate levels in Nuwara
Wewa and to a lesser extent in Tissa Wewa (both inAnuradhapura District) is severe (CEA 1994).
Leaching of agrochemicals from intensively cul�vatedsoil is responsible for elevated concentra�ons of chloride, nitrate and potassium observed in many irriga�onwells in the Kalpi�ya peninsula, with nitrate concentra�ons of up to 40 mg/l.
Water is a human right“Access to safe water is a fundamental human needand therefore a basic human right.” (Koﬁ Annan,
United Na�ons Secretary General) Many civil society
organiza�ons argued that water should be treatedas a human right. A�er many years of struggle waterand sanita�on has been accepted as a fundamental
human right by the UN General Assembly on July 28,

According to a research done on the BOD load in San
Sebas�an canal the total load of BOD is 1800 kg/day
with industry accoun�ng for only 10% (De Cosse et a1,
1997). Thus pollu�on of the canal is mostly caused by
non point sources and by the household sector.

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Chapter II
Water quality and heavy metals
Scope of the study
Sri Lanka needs a comprehensive study on waterpollu�on throughout the country. There is no suchresearch data available in any ins�tute. However, there
are some research data available with some university
professionals on certain loca�ons depending on theircapaci�es. These data are hardly available for the
public use.
Our intension was to do the sampling in some hotspots and provide a broader picture of the pollu�onin order to mobilize general public and policy makers
to think the need of a be�er policies and strict enforcement of the exis�ng regula�ons. Therefore, thescope was limited to the some major and cri�cal water
bodies which we decided adequate to bring such a
message according to our capacity as a public interest
environmental organiza�on.

page 12

Sampling and methods of tes�ng
Samples were collected in ad-hoc basis to obtain only
heavy metal data as this is not an academic research.
To detect the water quality of inland water bodies, CEJ
tested water samples in several places such as canals,
streams, stagnant water bodies, eﬄuents discharged
from factories etc.
Lead, Cadmium, Mercury, BOD and Coliform wereanalyzed at SGS Lanka Pvt Ltd.
The ﬁndings were compared with the general standards for discharge of eﬄuents into inland surface
waters by Na�onal Environmental Act No. 47 of 1980.
Following water samples were mostly taken from tex�le eﬄuents and those highlighted in red color show
the values that exceed the permi�ed limit by NEA.
Test Results
In 2009, CEJ analyzed for Ammonical Nitrogen, Sulphide, Chemical Oxygen Demand, Total Chromium,
Copper Zinc, Mercury, Cadmium and Lead at Na�onal
Building Research Organiza�on in 2009 which is in An-jus�ce for water

Sample set I
Five eﬄuent water samples were checked for heavy metals around Colombo MC Area. The ﬁndings are as follows:

ND – Not Detected* - General standards for discharge of eﬄuents into inland surface water
References –S 6 – Stream, Ra�anapi�ya, surface water, under ambient temperature in a plas�c bo�le, 3 L
S 7 – Stream, Kolonnawa stream near the container yard, under ambient temperature in a plas�c bo�le, 3 L
S 8 – Kelani ganga, surface water, Peliyagoda, under ambient temperature in a plas�c bo�le, 3 L
S 9 – Stagnant water, Bloemandhal dump, Madampi�ya, under ambient temperature in a plas�c bo�le, 3 L
S 10 – Stream, surface water, Bloemandhal Beramulla Junc�on, under ambient temperature in a plas�c bo�le, 3 L
The samples were collected around major garbage dumps and water canals in Colombo. Only one sample exceeded
the permi�ed level, which is Lead.
Note: The reason for the very low levels of heavy metals may be due to the monsoonal ac�vity.

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Sample set II
To detect the BOD and Coli form levels of the inland water bodies, six water samples were analyzed.

* - General standards for discharge of eﬄuents into inland surface water** - For total Coliform, permi�ed level is not declared in NEA
ReferencesS 11 – Norris Canal, surface water, 9.55 am, 13.08.2010, under chilled condi�on in sterilized glass bo�les
S 12 – Heen ela, surface water, 10.10 am, 13.08.2010, under chilled condi�on in sterilized glass bo�les
S 13 – Beira Lake, surface water, 10.25 am, 13.08.2010, under chilled condi�on in sterilized glass bo�les
S 14 – Drain in front of Arpico, Navinna, surface water, under chilled condi�on in sterilized glass bo�le and plas�cbo�leS 15 – Katu ela, Delkanda, under chilled condi�on in sterilized glass bo�le and plas�c bo�leS 16 – Rajagiriya ela, surface water, under chilled condi�on in sterilized glass bo�le and plas�c bo�le
All BOD samples exceeded the permi�ed level.

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Sample set III
Another high Lead level detected loca�on was found at an industrialized area, where a leading ba�ery factory is in
vicinity.

* - General standards for discharge of eﬄuents into inland surface water
References –S 17 – Eﬄuent water from drain in Katukurunduwa�a Road, Ratmalana in vicinity of Associated Ba�ery Manufacturers Ltd, under ambient temperature in a plas�c bo�lepage 15jus�ce for water

Sample set IV

References –S 18 - Kandy Lake - 1ST DEPTH, 02.11.2010, 3.31 PM
S 19 - Kandy Lake - 1FT DEPTH, 02.11.2010, 3.44 PM
S 20 - Meda Ela, Kandy – Surface water, 02.11.2010, 4.01 PM
S 21 - Meda Ela, Kandy – Surface water, 02.11.2010, 4.14 PM
S 22 – Gregory Lake – Nuwara Eliya 10.17 A.M., 1� Depth, 03.11.2010
S 23 - Gregory Lake - Nuwara Eliya 10.45 A.M., 1� Depth, 03.11.2010
S 24 – Sandatenna Land Fill- Nuwara Eliya - Outlet from Sandatenna Leachate Treatment, 03.11.2010, 12.49 PM
S 25 - Sandatenna Land Fill- Nuwara Eliya - Wetland 1.07 PM
S 26 - Canal at Hawaeliya Wajira Mawatha, 03.11.2010, 4.21 PM
S 27 - Lindula Ela, Diagama, 11.59 AM, Nuwara Eliya, 04.11.2010
S 28 - Lindula Nuwara Eliya – Surface water, Canal, 04.11.2010, 1.51
S 29 – Nuwara Eliya - Lover’s Leap Canal before Hospital, 04.11.2010, 3.26 PM
S 30 – Nuwara Eliya - Lover’s Leap Canal a�er Hospital

page 16jus�ce for water* - General standards for discharge of eﬄuents into inland surface water
References –S 31 - Water ﬂowing from Kolonnawa oil tank side to Kelani River at Orugodawa�a, 8.00AM, 22.11.2010

Some photographs of sampling loca�ons are in Annex II

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Chapter III
Laws and Ins�tu�ons on Water in Sri Lanka
Water is sacred to most indigenous communi�es andtradi�onal farmer communi�es. Water is, and has beentreated as sacred in all religions. Unfortunately mostpeople do not protect or conserve water, watersheds,
and stream reserva�ons as their responsibility. All sectors i.e Industrial, Commercial and domes�c have thesame habit of dumping all waste either liquid or solid towater bodies.
This has led to the develop much of rules and regula�ons to protect water. Many laws have been enacted
over the years rela�ng to water issues. Following are
the laws and statutory bodies which involve in water
resource and water quality management:• The Na�onal Environmental Act No.47 of 1980 with
Amendment Act No.56 of 1988, which lays down that“no person shall pollute any inland waters of Sri Lankaor cause or permit to cause pollu�on in the inland
waters of Sri Lanka”.
•The State Lands Ordinance (No.8 of 1947, Part IX)
which provides for the regula�on and control of public
waters and streams through a system of permits,• The Irriga�on Ordinance (No.32 of 1946 with amendments) which consolidates laws rela�ng to irriga�on,• The Mahaweli Authority of Sri Lanka Act (No.23 of
1979) which enpowers MASL to use and develop thewater resources of the Mahaweli River,• The Na�onal Water Supply and Drainage Board Act(No.2 of 1974, as amended) which describes the statutory du�es of the NWSDB to provide water for public,
domes�c and industrial purposes,• The Electricity Act (No.19 of 1950, as amended) provides licensing of installa�ons for the genera�on ofelectricity. These licenses confer all rights necessary
for the purpose of electricity genera�on including theright to use water,•The Ceylon Electricity Board Act (No.17 of 1969, as
page 18

amended) describes the duty of the CEB to develop
and operate systems for the supply of electricity including the right to use water for hydropower,• The Fisheries and Aqua�c Resources Act (No.2 of
1996) provides for the licensing of ﬁsheries andaquacultural opera�ons which require an alloca�on ofwater to carry out approved ac�vi�es.
• Municipal Council Ordinance No. 16 of 1947
• Urban Development Authority Law No. 14 of 1978
• Sri Lanka Ports Authority Act No. 51 of 1979
• The Provincial Councils Act No. 42 of 1987
Statutory bodies:••••

Central Environmental Authority
Department of Irriga�on
Sri Lanka Ports Authority
Sri Lanka Land Reclama�on and Development
Corpora�on

Natural Water Resources Policy
Sri Lanka has a recent history of producing water policies under the Asian Development Bank, and WorldBank funded projects. There was much debate on
the suitability of such a policy and the hidden objec�ves of the same. These policies were cri�cized by thecivil society for trying to commodity water and water
sources, introducing a water tax. The policy was thenabandoned. However, the dra� policies had number ofgood proposals including managing water sheds andregula�ng pollu�on.

jus�ce for waters

•
•
•
•

Na�onal Water Supply and Drainage Board
Urban Development Authority
Colombo Municipal Council
Western Provincial Council

Followings are some of the main areas and sec�ons under diﬀerent acts that describe the legal base of water.
Na�onal Environmental Act N0. 47 of 1980Sec�on 18
The Authority in consulta�on with the Council shall.
with the assistance of the Ministry of the Minister incharge of the subject of Fisheries, recommend to the
Minister a system Of ra�onal exploita�on of ﬁsheries
and aqua�c resources within the territorial waters of Sri
Lanka, or within its exclusive economic zone, or within
its inland waters and shall encourage ci�zen par�cipa�on therein to maintain and enhance the op�mum andcon�nuous produc�vity of such waters.
Sec�on 22
The Authority in consulta�on with the Council shall,with the assistance of the Ministry of the Minister incharge of the subject of Soil Conserva�on, recommend
soil conserva�on programmes including therein theiden�ﬁca�on and protec�on of cri�cal watershed areas,
encouragement of scien�ﬁc farming technique, physical and biological means of soil conserva�on, and shortterm, and long term research and technology for eﬀec�ve soil conserva�on.
23G.Subject to sec�on 23A of this Act with eﬀect fromthe relevant date, no person shall deposit or emit waste
into the inland waters of Sri Lanka, except in accordancewith such standards or criteria as may be prescribedunder this Act.
23H. (1) No person shall pollute any inland waters of
Sri Lanka or cause or permit to cause pollu�on in theinland waters of Sri Lanka so that the physical, chemical
or biological condi�on of the waters is so changed as tomake or reasonably expected to make those waters or

any part of those waters unclean, noxious, poisonous,
impure, detrimental to health, welfare, safety or harmful
to animals, birds, wildlife, ﬁsh, plants or other forms oflife or detrimental to any beneﬁcial use made of thosewaters.
(2)Without limita�on to the generality of subsec�on (1)a person shall be deemed to contravene the provisionsof that subsec�on, if—(a) he places in or any waters or in a place where it may
gain access to any waters any ma�er, whether solid,
liquid, gaseous, that is prohibited by or under this Act orby any regula�ons made thereunder;(b) he places any waste, whether solid, liquid, or gaseous, in a posi�on where it falls, descends, drains, evaporates, is washed, is blown or percolates, is likely to fall,descend, drain evaporate, be washed, be blown, percolate into any waters or on the bed of any river, stream
or other waterway when dry, or knowingly or throughhis negligence, whether directly or indirectly, causes or
permits on such ma�er to place in such a posi�on;(c) he places waste on the bed, when dry, of any river,stream or other waterway or knowingly or through his
negligence causes or permits any wastes to be placed onsuch a bed; or(d)He causes the temperature or inland, coastal oroﬀ-shore waters of Sri Lanka to be raised or lowered bymore than the prescribed limits.
(3) Every person who contravenes the provisions ofsubsec�on (1) shall be guilty of an oﬀence, and on
convic�on shall be—(a) liable to a ﬁne not less than rupees ten thousand
and not exceeding rupees one hundred thousand, andtherea�er in the event of the oﬀence being con�nued tobe commi�ed, to a ﬁne of rupees ﬁve hundred for eachday on which the oﬀence is so con�nued to be committed; and(b)Required to take within such period as may be
determined by court, such correc�ve measures as may
be deemed necessary to prevent further damage beingcaused to the inland, coastal and oﬀshore waters of Sripage 19jus�ce for water

Lanka and furnish at the end of such period suﬃcientand acceptable proof of the incorpora�on of suchcorrec�ve measures. The court shall also order such
person convicted, to bear the expenses that may havebeen incurred by the authority in the correc�on ofdamage already caused as a consequence of the commission of such oﬀence, and where such person fails
to bear the expenses so incurred be recovered in likemanner as a ﬁne imposed by the court.
(4) Where any person convicted of an oﬀence undersubsec�on (3) con�nues to commit such oﬀence a�er a
period of six weeks from the date of his convic�on, thecourt may upon an applica�on for closure being madeby the Director-General or any oﬃcer authorized inthat behalf by the Director-General order the closure ofsuch factory or trade, or business being carried at suchpremises, which caused the pollu�on of inland, coastal
or oﬀshore waters of Sri Lanka, un�l such �me such
person takes adequate correc�ve measures to prevent
further damage being caused.
(5) In any case where such person fails to comply withthe closure order issued under subsec�on (4), theMagistrate shall forthwith order the ﬁscal of the court
requiring and authorizing such ﬁscal before a date speciﬁed in such order not being a date earlier than threeor later than seven clear days from the date of issue ofsuch order to close such factory or trade or businessbeing carried at such premises. Such order shall be sufﬁcient authority for the said ﬁscal or any police oﬃcer
authorized by him in that behalf to enter the premises
with such assistants as the ﬁscal or such police oﬃcer
shall deem necessary to close such factory or trade orbusiness being carried at such premises.

�ve District.
(3) No oﬃcer below the rank of Fisheries Inspector shallbe appointed to be a Licensing Oﬃcer.
Sec�on 31(1)The Minister May, by Order published Gaze�e –(a) designate prescribed areas of Sri Lanka Waters orland adjacent thereto or both such waters and land asﬁsheries management areas for the purposes of this Act;(b) Designate the ﬁsheries commi�ee established sec�on 32. in respect of any ﬁsheries management area as
the ﬁsheries management authority of that area; and(c) Where two or more ﬁsheries commi�ees have been
established in respect of any ﬁsheries management area,
establish, by Order punished in the Gaze�e a ﬁsheries
management authority for that area consis�ng of not
more than twelve members drawn equally from each of
those commi�ees(2) A ﬁsheries management authority designated or
established by an Order made under subsec�on (1), may
make recommenda�ons to the Minister on(a) The conduct of ﬁshing opera�ons and the use of different types of ﬁshing gear in that ﬁsheries management
area;(b) The establishment of closed seasons for ﬁshing or
closed seasons for the taking of speciﬁed species of ﬁshin that ﬁsheries management area; and(c) The �mes during which ﬁsh may be taken,

Fisheries and Aqua�c Resources Act (No. 2 of 1996)- Sect 6Sec�on 38(1) No person shall engage in, or cause any other person to engage in, any prescribed ﬁshing opera�on in Sri
Lanka Waters except under the authority, and otherwise than to accordance with the terms and condi�ons,of a licence issued by the Director.

Subject to the provisions of the Crown Lands Ordinancethere shall be leased, such por�ons of, State land or the
Sri Lanka Waters as the Minister may consider necessary
in the interest of the na�onal economy, for the purposeof aquaculture.

(2) The Director may in wri�ng delegate the power of
issuing licences to a Licensing Oﬃcer appointed under
this sec�on and for this purpose there may be appointed one or more Licensing Oﬃcers for each Administra-Na�onal Water Supply and Drainage Board Law (No. 2 of
1974) –

page 20Sec�on 16jus�ce for water(1) It shall be the duty of the Board in each area of its
authority:(a) to develop, provide, operate and control an eﬃcient,coordinated water supply and to distribute water for
public, domes�c or industrial purposes;(b) to establish, develop, operate and control an eﬃcient, coordinated sewerage system;(c) to take over and carry on any water supply or sewerage undertaking transferred to the Board under sec�on57;(d) to take over and carry on any water supply or sewerage undertaking of any local authority transferred to theBoard under sec�on 64 by a voluntary transfer Order or
a compulsory transfer Order;e) to provide a supply of water and distribute it or sellwater in bulk or otherwise, to any local authority, any
Government department, any other ins�tu�on or organiza�on, or any individual; and(f) to do all other acts and things as may be necessary
for the aforesaid purposesSec�on 17
The Board may exercise all or any of the following
powers:(a) to purchase water in bulk;(b) to carry out inves�ga�ons and to collect and record
data concerning the provision, development and maintenance of water supply and sewerage servicesf) to conduct research into ma�ers aﬀec�ng the provision, development and maintenance of water supply
and sewerage services;j) to enter into joint schemes with any Government
department or any body approved by the Minister, forthe provision, development and maintenance of watersupply and sewerage services;Sec�on 22

The Board may from �me to �me in any part of Sri
Lanka construct intakes, ﬁlters, tanks, aqueducts orother works for bringing water to the area or areas ofauthority of the Board for the use of the inhabitants.
Sec�on 24(1) If any private street has been constructed to which
one or more houses have access, the Board may lay,enlarge, or extend a water main along such private
street of such dimensions as may be necessary, and may
appor�on the whole or part of the cost of laying, enlarging, or extending such main among the owners of thepremises fron�ng upon, adjoining, abu�ng, or having
access to, or deriving any degree of beneﬁt from, suchmain according to the areas of the respec�ve premises
which may derive, or be so situated as to derive, anysuch beneﬁt from the laying, enlarging, or extending of
the said main.
Sec�on 26
A supply of water for domes�c purposes shall notinclude a supply of water for horses, or ca�le or forwashing vehicles where such horses, ca�le or vehicles
are kept for sale or hire, or a supply for any trade, manufacture, or business, or for fountains or swimming baths,
or for any ornamental or mechanical purpose, or for
purposes of irriga�on.
Sec�on 29
The General Manager of the Board may repair or renew
or subs�tute any pipe, valve, cock, cistern, soil pan,water-closet, or other apparatus or receptacle in any
premises so as to prevent any waste of water, and theexpenses of such repair or renewal or subs�tu�on shallbe defrayed by the owner or occupier of the premises,
and the same may be recovered by the Board as if itwere a water supply charge payable under this Law.
Sec�on 33
Every person who wrongfully takes or uses any water from any reservoir, watercourse, conduit, or pipe
belonging to the Board, or from any pipe leading to orfrom any such reservoir, watercourse, conduit, or pipe,
page 21jus�ce for wateror from any cistern or other like place containing water
belonging to or supplied from the Board, or for the useof any consumer of the water of the Board, other thansuch as may have been provided for the gratuitous useof the public, shall be guilty of an oﬀence and liable onconvic�on a�er trial before a Magistrate to a ﬁne notexceeding one hundred rupees.
Sec�on 37
Every person who shall commit any of the oﬀences next
hereina�er enumerated shall on convic�on a�er trial
before a Magistrate for every such oﬀence be punishedwith a ﬁne a ﬁne not exceeding ﬁ�y rupees, that is tosay: (a) Bathing in any stream, reservoir, aqueduct, or otherwaterworks belonging to the Board, or washing, throwing, or causing to enter therein any dog or other animal;b) throwing any rubbish, dirt, ﬁlth, or other noisome
thing into any such stream, reservoir, aqueduct, hydrant,
surface-box, or other waterworks as aforesaid, or washing or cleansing therein any cloth, wool, leather, or skinof any animal, or any clothes or other thingc) Trespassing upon land belonging to the waterworks
or upon the buildings or premises connected with thewater supply;(d) unlawfully breaking, injuring, or in any other manner
causing damage to any channel, tank, reservoir, cistern,well, fountain, stand-pipe or other work connected withthe water supply;(e) causing the water of any sink, sewer, or drain, steam
engine, boiler, or other water belonging to him orunder his control, to run or be brought into any stream,
reservoir, aqueduct, or other waterworks belonging to
the Board, or doing any other act whereby the water
belonging to the waterworks shall be fouled;business is carried on does or causes to be done any
act connected with such business by which the water inany stream, reservoir, cistern, aqueduct, or other work
belonging to the Board is or is likely to be fouled, shall be
guilty of an oﬀence, and liable on convic�on a�er trial
before a Magistrate notwithstanding the provisions ofsec�on 87, to a ﬁne not exceeding one thousand rupees,
and a further ﬁne not exceeding ﬁve hundred rupees
for each day on which the oﬀence is con�nued a�er the
expira�on of twenty-four hours a�er a no�ce signed by
the General Manager of the Board is served on any such
person.
(2) The General Manager of the Board or any person
authorized by him in wri�ng in that behalf may, with thepermission of the Chairman of the Board, a�er the expira�on of twenty-four hours a�er the no�ce signed by
the General Manager of his inten�on so to do has been
served on such owner, superintendent, agent, manager
or occupier, lay open and examine any pipe or work
directly or indirectly connected with such premises, andany stream, reservoir, cistern, aqueduct, or other work
belonging to the Board.
State Lands Ordinance No 08 of 1947Sec�on 49
Subject as hereina�er provided, the Minister may, byNo�ﬁca�on published in the Gaze�e, declare that any
State land is cons�tuted a State reserva�on for any one
or more of the following public purposes:(1)The protec�on of the source, course or bed of any
public stream,(2)The protec�on of springs, tanks, reservoirs, lakes,
ponds, lagoons, creeks, canals, aqueducts, elas, channels( whether natural or ar�ﬁcial)paddy ﬁelds and land
suitable for paddy cul�va�onand every such person shall be liable to a further ﬁneof ten rupees for each day (if more than one) that suchlast-men�oned oﬀence shall be con�nued.

(3)The protec�on of foreshoreSec�on 38

71.The Minister may, by No�ﬁca�on published in the Gaze�e, declare that any tank or reservoir described in thatNo�ﬁca�on shall be a lake for the purposes of this partnotwithstanding that such tank or reservoir is an ar�ﬁcial(1) Whoever, being the owner, superintendent, agent,
manager, or occupier of any premises in which any
page 22(7) The preserva�on of water suppliesjus�ce for water

work, and upon the publica�on of any such No�ﬁca�on,
any reference in this part to a lake shall be deemed toinclude a reference to the tank or reservoir described inthat No�ﬁca�ons.
Na�onal Heritage Wilderness Areas Act, No. 3 of 1988Sec�on 4. (1)No person shall in a Na�onal Heritage Wilderness Area(a) cut, mark, lop, girdle, saw, convert, collect or remove
any plant, tree or any part thereof or any other forest
produce(b) wilfully strip oﬀ the bark or leaves from, or otherwise
damage or interfere with, any tree ;(c) cut grass or pasture ca�le ;(d) pollute water ;(e) remove, uproot or destroy, or cause any damage or
injury to, any plant ;(f) sell, expose or oﬀer for sale, any plant ;Marine Pollu�ons Preven�on Act no 59 of 1981
The Act (37 sec�on) provides for the preven�on, reduc�on and control of pollu�on in Sri Lanka waters andgives eﬀect to interna�onal conven�ons for the preven�on of pollu�on of the sea .

Colombo Municipal Council Water Works OrdinanceSec�on 07.
The Council Shall Provide a supply of drinking water
within the Municipality of Colombo, and shall for that
purpose cause such pipes to be laid, and such tanks,
reservoirs, or other works to be made, as are necessary for the supply of wholesome water in the public
streets of the Colombo Municipality, and shall erect insuch streets convenient stand-pipes, fountains, open
reservoirs, or pumps for the Municipality for purposes.
It shall be the duty of the Council, as far as possible, tomake adequate provision that such apply of water shallbe con�nuous throughout the year ,and that the watersupplied shall be at all �mes ﬁt for human consump�on.
Sec�on 08.
Subject to the provisions of Sec�on 20, the Council
shall within the limits of the Municipality of Colombo
provide a supply of water for the use of the Government and of the armed forces, which for domes�cpurposes shall be supplied free of charge, but for otherthan public purpose shall be supplied in accordancewith the provisions of this ordinance and of any regula�ons made there under rela�ng to the supply of waterfor other than domes�c purposes.

page 23jus�ce for water

Chapter IV
Conclusion and Recommenda�ons
This study speciﬁcally focuses on the water quality of Colombo metropolitan area. Most of the Colombo waterways had been dirty and severely contaminated but atpresent the situa�on is somewhat be�er.

other provincial and local authori�es can be lined up.
However, lack of co-ordina�on between governmentalorganiza�ons responsible is a key problem for the quality and quan�ty of water.

These canal banks were so ugly and there were many
waste water outlets from household and industries werevisible about in the 90s. However, there were someprojects to rehabilitate the canals and rese�le people
who lived along the canal banks in the past 2 decades.
Con�nuous cleaning programmes operated in the en�recountry due to the dengue eradica�on programme may
be another reason to have cleaner canal system.

Weak monitoring of illegal discharge of industrial eﬄuents into waterways is another main problem. According to the CEA, more than six thousand factories areopera�ng in the Western Province without obtaining
EPLs. Discharge of eﬄuents, especially domes�c waste,
to the waterways has become frequent. Although there
are treatment facili�es, some factories release the efﬂuents to water ways. Out of 77,000 industries, only
17,000 have obtaining the license according to the CEA
ﬁgures.

However, at tested loca�ons, BOD levels were higher
and the total Coliform levels also were in high values.
However it should be noted that the permi�ed level of
total Coli form for inland waters has not been speciﬁed
yet.
During our water sample analysis, neither Mercury nor
Cadmium was found. However, few lead was detectedin few samples. Compara�vely a high Lead content was
found in the vicinity of a ba�ery factory at Rathmalana
and the Kolonnawa canal which brings dirty water fromthe oil storage facility belongs to the Ceylon Petroleum
Corpora�on.
Jus�ce for waters

Lack of a comprehensive central data base for water
quality and industrial ac�vi�es is a major gap in legal
enforcement. Periodic analysis of water quality has
been done in selected waterways but the parameters
are not suﬃcient.
Poli�cal inﬂuence is a major problem in protec�ng water bodies form pollu�on, mining and encroachments.
This poli�cal inﬂuence in the Courts system must be
eradicated and Courts must be more concerned on thena�onal issues like Environmental pollu�on.

Though there are mul�ple laws on water to protect andconserve the water resources of the country, suﬃcient
protec�on to water has not been received yet. There
are mul�ple reasons for such a situa�on.

Some prevailing laws are outdated and there are several loopholes through which oﬀenders escape and innocent par�es face the injus�ces. The set ﬁnes are very
low in the current context. Then trustworthiness of thecourts collapses and thus prevents the people to comebefore the Courts.

More importantly there should be a greater a�tudinalchange towards water as a part of the life line and that
nothing on earth can survive without water. As humans
are the only species which destroy water, they only canreverse the situa�on. This can be only done through better educa�on and awareness at all levels.

Delay of the pollu�on related court cases is a major
issue for environmental law enforcement. When legal
issues come to the Courts, they take much �me andinvolve considerable amount of money to ﬁnalize thecase and thereby discourages people to seek jus�cethrough Courts.

There are number of agencies which involve in managing water. Irriga�on Department, Mahaweli Authority,
Low land Reclama�on Authority, Central Environmental Authority, Coast Conserva�on Department, Forest
Department, Wild life Department, and number od

Among other approaches such as environmental awareness, be�er coordina�on among the agencies involve,
following areas have to be addressed more eﬀec�vely
to improve the legal protec�on to water.

page 24jus�ce for water•Exis�ng laws on water must implemented properly andnot be allowed to be dead laws.
•The loopholes in statutes regarding laws on water mustbe amended and must be made binding laws.
•Also the ‘Polluter Pay Concept’ must be enforced thoroughly to protect public waterways.
•Organiza�ons which are working for the protec�on ofwater must be mo�vated to take steps to protect water
laws and strong ac�ons including police ac�ons to thepar�es who violate the water laws.
•Lack of solid and liquid waste management is a major
reason for water pollu�on. In the mean�me, long term
waste management prac�ces have to be established toprevent haphazard dumping of garbage.
•Fresh laws must be enacted empowering authori�es toprotect water bodies by implemen�ng them.
•Public Interest li�ga�ons must be promoted in the
courts system to create experiences as a sensi�ve approach towards public issues and to increase access of
public to lawsuits on na�onal issues.
•Establishment of a permanent green water tribunal is aneed of the day. We encourage the relevant authori�es
to establish such a tribunal within the court system.
•The public should be made aware of the legal framework relevant to protec�on of water and encouraged
to ﬁght against water pollu�on and other environmental issues.
•Interna�onal Conven�ons regarding protec�on of watermust be signed and ra�ﬁed to grab the good examples
and relevant averments of them for inland issues.

•Protec�ng water bodies from encroachment is an
integral part of these laws. There are adequate laws
available to stop construc�on in the reserva�on and in
the near catchments. However, lack of implementa�on
is a key problem.
•An appropriate, con�nuous water quality monitoring
programme for industrial discharges and for agriculture
discharge is essen�al in collabora�on with responsible
authori�es. Government agencies should cooperatewith universi�es and research ins�tutes to conduct
water analysis.
•Furthermore, awareness programmes should be
conducted for the community on the hazards of waterpollu�on and the required mi�gatory measures.
•In order to minimize industrial pollu�on, central waste
water treatment plants have to be established in industrial parks.
•Appropriate solid waste and waste water disposal techniques should be implemented.
•The adop�on of cleaner produc�on techniques should
be encouraged.
Water is undoubtedly a basic need for every living being.
It is an integral part of all the systems including humanbody. Now water has been declared as a fundamental
human right. This cannot be achieved without stopping
water pollu�on, unless we protect the water bodies
and the func�on of all wetlands, river catchments andall parts of the water cycle. This cannot be done by justregulators, unless all take part in that eﬀort.
All humans have to ensure jus�ce to waters to ensure
right to water. Jus�ce for waters is a jus�ce for all.

•Several agencies have legal responsibility in monitoring
including the Mahaweli Authority and the Coast Conserva�on Department. The Na�onal Aqua�c Resources,
Research and Development Agency (NARA) are responsible for scien�ﬁc research in this ﬁeld. The quality ofdrinking water supplied by NWSDB is monitored intheir central and regional laboratories.

page 25jus�ce for water

References
1.

Anon (2000), Sri Lanka Water Vision 2025 – Frame work for Ac�on, Sri Lanka Na�onal Water partnership.

2.

Central Environmental Authority (CEA 1994): Anuradhapura tanks. Wetland Site report, Colombo Sri Lanka:
Wetland Conserva�on Project3.

De cosse, Philip J, (1997) Shan Bhuvendralingam, Pradeep Layanamaha, Sanath Ranawana (1997): An economic analysis of policy op�ons for managing water pollu�on in the Kelani River.USAID/Natural resources andenvironmental policy project, Interna�onal Resources group

4.

Fisheries and Aqua�c Resources Act (No. 2 of 1996)

5.

Na�onal Environmental Act No. 47 of 1980, Socialist Democra�c Republic of Sri Lanka

6.

Na�onal Water Supply and Drainage Board Law (No. 2 of 1974)

7.

Na�onal Water Supply and Drainage Board (NWSDB) 1993, Engineering Science Inc., Democra�c Socialist
Republic of Sri Lanka, Ministry of Housing and Construc�on, United Na�ons Development Program (1993,
Greater Colombo waste water & Sanita�on Master Plan, Volume 1 Final Report.

8.

Natural Resources of Sri Lanka ,Condi�ons and trends (1991)

9.

Plan of Implementa�on, World Summit on Sustainable Development, 2002, Johannesburg.

10.

State Lands Ordinance No. 08 of 1947

page 26jus�ce for water

page 27jus�ce for water

Annex I
Five eﬄuent water samples were checked from Ratmalana, an industrialized area. Followings are the results:* - General standards for discharge of eﬄuents into inland surface water
APHA – Standard Methods for the Examina�on of Water and Wastewater, APHA AWWA WEF, 20th Ed
AAS – Atomic Absorp�on Spectrophotometer
MVU – Mercury Vapor Unit
NT – Not Tested
References –S 1 – Sample from industrial area at Ratmalana, turbid eﬄuent, 4 L
S 2 – Sample from Li�le Dinmand at Ratmalana, turbid eﬄuent, 4 L
S 3 – Sample from Brandix at Ratmalana, turbid coloured eﬄuent, 4 L
S 4 – Sample from chemical industry at Ratmalana, turbid eﬄuent, 4 L
S 5 – Sample from Backsons Tex�le at Ratmalana, turbid coloured eﬄuent, 4 L

page 28jus�ce for water

Annex II
The new map developed by WRI listed the Dutch Canal of Sri Lanka as eutrophic area.
h�p://www.wri.org/project/eutrophica�on/map

page 29jus�ce for water

page 30jus�ce for waterinfo@ejus�ce.lk
for more informa�on on this publica�on contact
Centre forEnvironmental Jus�ce, 20A, First Floor, Kuruppu Road, Colombo 08, Sri Lanka.
email: info@ejus�ce.lk website: www.ejus�ce.lk