Lok Sabha Question No. 4123 (UNSTARRED), answered on 2017-08-10
Subject: Inter-State River Water Sharing Disputes
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: PRITAM GOPINATH MUNDE, Shrirang Appa Barne, SHIVAJI ADHALRAO PATIL, DHARMENDRA YADAV, ANANDRAO  ADSUL, NAGENDRA KUMAR PRADHAN, S.SELVAKUMARA CHINNAYAN, SHRIKANT EKNATH SHINDE, VINAYAK BHAURAO RAUT

## GOVERNMENT OF INDIA MINISTRY OF WATER RESOURCES, RIVER DEVELOPMENT & GANGA REJUVENATION

## LOK SABHA UN STARRED QUESTION NO. 4123

ANSWERED ON 10 .0 8.201 7

## INTER - STATE RIVER WATER SH ARING DISPUTES

| 4123.DR. PRITAM GOPINATH MUNDE SHRI ADHALRAO PATIL SHIVAJIRAO SHRI ANANDRAO ADSUL SHRI S. SELVAKUMARA CHINNAYAN SHRI NAGENDRA KUMAR PRADHAN   | SHRI SHRIRANG APPA BARNE SHRI DHARMENDRA YADAV SHRI VINAYAK BHAURAO RAUT DR. SHRIKANT EKNATH SHINDE   |
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Will the Minister of WATER RESOURCES, RIVER DEVELOPMENT AND GANGA REJUVENATION be pleased to state:

(a)  whether  a  large  number  of  States  in  the  country  are  having  river  water  sharing  di neighbouring States and if so, the details and the curren t status of each such dispute;

(b) the details of disputes which have been referred to the Government, State - wise;

(c) whether the Government has taken any initiatives to resolve each of the said disputes an details thereof and the achievements made so far in this regard;

(d)  whether  a  high  level  Committee  constituted  under  the  Chairmanship  of  former  P Commiss ion member has completed its study and submitted the report to the Government and the details thereof; and

(e) the follow up action taken/to be taken by the Government thereon?

## ANSWER

## THE  MINISTER  OF  STATE  FOR  WATER  RESOURCES,  RIVER  DEVELOPMENT  A ND GANGA REJUVENATION

(DR. SANJEEV KUMAR BALYAN)

(a) to (c) On the complaint made by the State Governments, the Central Government has, s set up 08 tribunals to settle water disputes among the States under the Inter -State River Water Disputes (IS RWD) Act, 1956. The present status of various inter - State water disputes over the sharing of riv water is at Annexure .

Government of Bihar sent a request on 27.11.2013 under provision of ISRWD Act, 19 this Ministry for constitution of a Tribunal for adjudication of river water disputes related to S basin.  Negotiations  were  carried  out  by  the  Chairman,  Ganga  Flood  Control  Commissio Chairman, Central Water Commission with the States of U.P. and Bihar. It has been agreed two States of U .P. and Bihar would meet periodically and try to solve the issue bilaterally. has since been settled.

State of Odisha has also filed complaint dated 19.11.2017 under Section 3 of ISRW 1956 with respect to Mahanadi basin . The Central Government constituted a Negotiation Committe comprising  members  from  basin  States  and  concerned  Ministries  of  Central  Government,  C Water Commission, India Metrological Department, National Institute of Hydrology for sett thedispute through negotiation. The Negotiation Committee held two meetings on 28.02.20 22.05.2017  and  submitted  its  report  in  which  it  mentioned  that  that  any  further  meeti Committee would not be fruitful as there had been no participation f om complainant State i.e. State of Odisha in both the meetings. Accordingly, the Ministry concluded that the dispute cannot by negotiation and it has been decided to constitute a Tribunal for adjudication of the Cabinet Note in this regard has been prepared.

The mechanism for settlement of water disputes is already available in the form o Act,  1956.  The  ISRWD  Act,  1956  was  last  amended  in  2002  whereby  adjudication  of  the disputes  by  tribunals  has  been  made  time  boun d. Further,  Ministry  of  Water  Resources,  Rive Development & Ganga Rejuvenation adopted a revised National Water Policy (NWP) in 2012. As Clause 12.2 of the Policy, a permanent Water Disputes Tribunal at the Centre should be est resolve the disputes expeditiously in an equitable manner. In this regard, a Bill has been i Lok Sabha on 14.03.2017 to amend the existing ISRWD Act, 1956. The Bill has further been to  the  Parliamentary  Standing  Committee  on  Water  Resources  by  the Hon'ble  Speaker  vide  order dated 14.03.2017 for examination. In this regard, three meetings of the Committee have be 16.06.2017, 30.06.2017 and 10.07.2017.

(d) & (e) No high level committee has been constituted under the Chairmanship of former lanning Commission Member dealing with the subject of Inter - State River Water Sharing Disputes. However, a committee was constituted under the Chairmanship of Dr. Mihir Shah, former member, er Planning Commission to deal with the subject of restruct uring of CWC and CGWB. The Committee has submitted its report in July, 2016.

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ANNEXURE REFERR ED TO IN REPLY TO PART (a) to (c ) OF UNSTARRED QUESTION NO. 4123 TO BE ANSWERED ON 10.08.2017 IN LOK SABHA REGARDING ' INTER -STATE RIVER WATER SHARING DISPUTES'

## Status of Inter -State water disputes over the sharing of river water under  Tribunals

1987.

on negative.

matter is

dated the

dated

|   S. No | Name of Tribunal                     | States concerned                                               | Date constitution   | Present Status                                                                                                                                                                                                                                                                                                                                                                                                                                                                   |
|---------|--------------------------------------|----------------------------------------------------------------|---------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|       1 | Godavari Water Disputes Tribunal     | Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh &Odisha | April, 1969         | Award given in July, 1980                                                                                                                                                                                                                                                                                                                                                                                                                                                        |
|       2 | Krishna Water Disputes Tribunal - I  | Maharashtra, Andhra Pradesh, Karnataka,                        | April, 1969         | Award given in May, 1976                                                                                                                                                                                                                                                                                                                                                                                                                                                         |
|       3 | Narmada Water Disputes Tribunal      | Rajasthan, Madhya Pradesh, Gujarat and Maharashtra             | October, 1969       | Award given in December, 1979                                                                                                                                                                                                                                                                                                                                                                                                                                                    |
|       4 | Ravi & Beas Water Tribunal           | Punjab, Haryana and Rajasthan                                  | April, 1986         | Report and decision under section given in April, Clarification/explanation sought Tribunal under Section 5(3) of Act by the party States. Reference 1 of 2004 was made on Punjab Termination of Agreements 2 004. The Hon'ble Supreme Court has pronounced the judgement Presidential Reference in Further, Government of Haryana filed IA No. 6 of 2016 in OS No. 1996 in the matter. The subjudice.                                                                           |
|       5 | Cauvery Water Disputes Tribunal      | Kerala, Karnataka, Tamil Nadu and Puduchery                    | June, 1990          | Report and decision given on which was published vide dated 19.2.2013. Further, the party and Central Government have clarification under section 5(3) Act. Th e work on report of CWDT 5(3) of the Act could not be taken the party have also filed Civil against the order of CWDT 5.2.2007 in the Supreme Court .Supreme Court has passed a judgement 09.12.2016 on the admissibility Appeals filed by the party upheld the maintainability of Appeals. As such the matter is |
|       6 | Krishna Water Disputes Tribunal - II | Karnataka, Telengana, Andhra Pradesh and Maharashtra           | April, 2004         | Report and decision given on 2010. Further report given by Tribunal on 29.11.2013. However, per Supreme Court Order 16.9.2011, till further order, taken by the Tribunal on references by States and Central Government l                                                                                                                                                                                                                                                        |

reference as

Andhra

Disputes dated

Flow

| S. No   | Name Tribunal                      | States concerned               | Date of constitution                                                                                                                  | Present Status                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               |
|---------|------------------------------------|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|         |                                    |                                |                                                                                                                                       | not be published in the official As such, matter is sub - judice. Term the Tribunal was extended for a two years w.e.f. 1 st August, 2014 address the terms of reference contained in section 89 of Pradesh Reorganisation Act , 2014. Thereafter, the term of the been extended for one year each occasions viz. for a period of w.e.f. 01.08.2016 and for a period year w.e.f. 01.08.2017. The under adjudication in the Governm ent of Telengana has SLP 33623- 26 of 2014 and WP(C) of 2015 in the Hon'ble Supreme Court in the matter. The matter is thus sub - judice. |
| 7       | Vansadhara Water Disputes Tribunal | Andhra Pradesh &Odisha         | February, 2010 However, as per the Supreme Court order date of reckoning of the constitution of the Tribunal w.e.f. 17.9.2012         | the is Report and decision not given Tribunal.Vansadhara Water Tribunal in its Interim Order 17.12.2013 has directed to co nstitute a - member Protem Supervisory Management and Regulation Committee on River Vansadhara to implement Order.State Govt. of Odisha has Special Leave to Appeal (Civil) of 2014with regard to the Water Disputes Tribuna l Judgement dated 17.12.2013. The matter is - judice.                                                                                                                                                                |
| 8       | Mahadayi Water Disputes Tribunal   | Goa, Karnataka and Maharashtra | November, 2010 However, vide notification dated 13.11.2014 date of reckoning of the constitution of the Tribunal is w.e.f. 21.08.2013 | Report and Decision not given Tribunal u/s 5(2) of ISRWD Act,                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |