Lok Sabha Question No. 3592 (UNSTARRED), answered on 2017-03-23
Subject: Amendments to Inter-State River Water Dispute Act
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: SUSHMITA DEV, JYOTIRADITYA MADHAVRAO SCINDIA

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

## LOK SABHA UNSTARRED QUESTION NO. 3592

ANSWERED ON 23.03.2017

## AMENDMENTS TO INTER-STATE RIVER WATER DISPUTE ACT

## 3592. KUMARI SUSHMITA DEV SHRI JYOTIRADITYA M. SCINDIA

Will  the  Minister  of  WATER  RESOURCES,  RIVER  DEVELOPMENT  AND  GANGA REJUVENATION be pleased to state:

(a) whether the Government proposes to amend the Inter-State River Water Dispute Act and also put  water  conservation/preservation/management  in  the  Concurrent  List  as  a  separate  entry  in view of various river water disputes;

(b) if so, the details thereof;

(c) the details of various water disputes pending before various courts/ tribunals; and

(d) the concrete steps proposed to be taken for out of court resolution/settlement of such water disputes?

## ANSWER

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

(DR. SANJEEV KUMAR BALYAN)

(a) to (d) A Bill has been introduced in Lok Sabha on 14.03.2017 to amend the existing InterState  River  Water  Disputes  (ISRWD)  Act,  1956  wherein  it  is  proposed  to  set  up  a  single, permanent tribunal to adjudicate all inter-State river water disputes replacing existing tribunals.

In  the  proposed  amendments,  there is a provision  for establishment  of  a Dispute Resolution Committee (DRC) by the Central Government, consisting of members  from such relevant fields, as deems fit, for resolving amicably  the inter-State water disputes.  Any dispute, which cannot be  settled  by  negotiations  shall  be  referred  by  Central  Government  by  notification,  to  the Tribunal for its adjudication within a period of three months from the date of receipt of Report of DRC.    The  dispute  so  referred  to  the  Tribunal  shall  be  assigned  by  the  Chairperson  of  the Tribunal to a Bench of the Tribunal for adjudication.

The Tribunal shall have one Chairperson, one Vice Chairperson and not more than six members. The upper Age limit of members including Chairperson and Vice Chairperson has been proposed as 70 years. Further, the Bench of the Tribunal shall forward to the Central Government its detailed report, under section 5(2) of the Act within a period of two years extendable by not exceeding one year in case of unavoidable circumstances. The Bench of the Tribunal  shall  forward  its  'Further Report',  under  section  5(3) of  the  Act,  to  the Central Government in one year extendable by a period of not exceeding six months. In the proposed  amendment,  all existing  Tribunals shall stand dissolved  and  the water  disputes pending adjudication  before  such  existing  tribunals shall  stand transferred to the New Tribunal.

The proposal to bring water in the Union/Concurrent List has earlier been examined by the two Commissions  on  Center-State  Relations  chaired  by  Justice  R.S.  Sarkaria  and  Justice  M.M. Punchhi respectively. The said proposal did not find favour with either of the two Commissions. River water disputes between States  are  resolved through inter-State agreements or  as per the decision of Inter State River Water Disputes Tribunal set up under the provisions of Inter State River  Water  Disputes  Act,  1956  (amended  in  2002)  under  Article  262  of  the  Constitution  of India.  The details of various river water disputes pending before various tribunals are given at Annexure .    Before  the  dispute  is  referred  to  a  Tribunal,  attempts  are  generally  made  for negotiated settlement between disputing States.  Once the dispute is under adjudication, out of court settlement becomes unfeasible.

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## ANNEXURE

## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (a)  to  (d)  OF  UNSTARRED QUESTION  NO. 3592 TO BE ANSWERED  ON  23.03.2017 IN  LOK  SABHA REGARDING AMENDMENTS TO INTER-STATE RIVER WATER DISPUTE ACT

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

|   S. No | Name of Tribunal                    | States concerned                                     | Date constitution   | Present Status                                                                                                                                                                                                                                                                                                                                                                                                                                                                            |
|---------|-------------------------------------|------------------------------------------------------|---------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|       1 | Ravi & Beas Water Tribunal          | Punjab, Haryana and Rajasthan                        | April, 1986         | Report and decision under section 5(2) given in April, 1987. Clarification/explanation sought from the Tribunal under Section 5(3) of the said Act by the party States. Presidential Reference 1 of 2004 was made on the Punjab Termination of Agreements Act, 2004. The Hon'ble Supreme Court has pronounced the judgement on Presidential Reference in negative. Further, Government of Haryana has filed IA No. 6 of 2016 in OS No. 6 of 1996 in the matter. The matter is sub-judice. |
|       2 | Cauvery Water Disputes Tribunal     | Kerala, Karnataka, Tamil Nadu and Puduchery          | June, 1990          | Report and decision given on 5.2.2007 which was published vide Notification dated 19.2.2013. Further, report of CWDT u/s 5(3) of the Act is awaited. The party States have also filed Civil Appeals against the order of CWDT dated 5.2.2007 before the Supreme Court. Supreme Court has passed a judgement dated 09.12.2016 on the admissibility of Civil Appeals filed by the party States and upheld the maintainability of the Civil Appeals. As such the matter is sub- judice.      |
|       3 | Krishna Water Disputes Tribunal -II | Karnataka, Telengana, Andhra Pradesh and Maharashtra | April, 2004         | Report and decision given on 30.12.2010. Further report given by the Tribunal on 29.11.2013. However, as per Supreme Court Order dated 16.9.2011, till further order, decision taken by the Tribunal on references filed by States and Central Government shall not be published in the official Gazette. As such, matter is sub-judice. Term of the Tribunal has been extended for a further period of two year w.e.f. 1 st                                                              |

|   S. No | Name of Tribunal                   | States concerned               | Date of constitution                                                                                                                  | Present Status                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |
|---------|------------------------------------|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|       4 | Vansadhara Water Disputes Tribunal | Andhra Pradesh &Odisha         | February, 2010 However, as per the Supreme Court order the date of reckoning of the constitution of the Tribunal is w.e.f. 17.9.2012  | adjudication in the Tribunal. The Government of Telangana has filed a SLP 33623-26 of 2014 and WP(C) 545 of 2015 in the Hon'ble Supreme Court in the matter. The matter is thus sub-judice. Report and decision not given by the Tribunal. Vansadhara Water Disputes Tribunal in its Interim Order dated 17.12.2013 has directed to constitute a 3-member Protem Supervisory Flow Management and Regulation Committee on River Vansadhara to implement its Order. State Govt. of Odisha has filed Special Leave to Appeal (Civil) No.3392 of 2014 with regard to the Vansadhara Water Disputes Tribunal Judgement dated 17.12.2013. The matter is sub-judice. |
|       5 | 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 by the Tribunal u/s 5(2) of ISRWD Act, 1956.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |

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