Lok Sabha Question No. 128 (UNSTARRED), answered on 2017-02-02
Subject: Tribunal for Inter-State River Water Sharing Disputes
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: BALKA SUMAN, RAJU ALIAS DEVAPPA ANNA SHETTI, MUTHAMSETTI SRINIVASA RAO (AVNTHI), CH. MALLA REDDY

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

## LOK SABHA UNSTARRED QUESTION NO. 128

ANSWERED ON 02.02.2017

## TRIBUNAL FOR INTER-STATE RIVER WATER SHARING DISPUTES

128. SHRI SUMAN BALKA SHRI RAJU SHETTY SHRI CH. MALLA REDDY SHRI MUTHAMSETTI SRINIVASA RAO (AVANTHI)

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

- (a) the details of inter-State river water sharing disputes pending with the Government as on date;

(b) whether there is any proposal to constitute a single permanent Tribunal to deal with all inter-State river water sharing disputes by dispensing various existing Tribunals, if so, the details thereof;

(c) whether all the concerned States have been consulted in this regard, if so, the details thereof and the response received therefrom; and

(d) the steps taken/to be taken to expedite the process of resolving each water sharing dispute amongst States?

## ANSWER

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

(DR. SANJEEV KUMAR  BALYAN)

(a) The Parliament has enacted Inter- State River Water Disputes (ISRWD) Act, 1956 for adjudication of disputes relating to waters of inter-State rivers  and river valley thereof. When any request under the said Act is received from any State Government in respect of any water dispute on the inter-State rivers and the Central Government is of the opinion that the water dispute cannot be settled by negotiations, the Central  Government  constitutes  a  Water  Disputes  Tribunal  for  the  adjudication  of  the  water  dispute. Currently, 5 water disputes Tribunals are active, details of which are given at Annexure .

Further, Government of Bihar sent a request on 27.11.2013, under provisions of ISRWD Act, 1956 to  this  Ministry,  for  constitution  of  water  dispute  tribunal  for  adjudication  of  water  disputes  related  to Sone river basin. The Ministry settled this dispute through negotiations by using the services of GFCC & CWC.

Recently,  in  2016,  State  of  Odisha  filed  complaint  under  Section  3  of  the  ISRWD  Act,  1956  in respect  of  Mahanadi  basin  and  Central  Government  has  constituted  a  negotiation  committee  to  find  a negotiated settlement of the dispute.

(b) to (d) The proposal for amendment to existing Inter-State River Water Disputes Act, 1956 (amended lastly in 2002), is under consideration of the Ministry to further streamline the adjudication of inter-State river water disputes by constituting a standalone Tribunal with permanent establishment and permanent office space and infrastructure so as to obviate with the need to set up a separate tribunal for each water dispute which is invariably a time-consuming process.

On  the  directions  of  PMO,  NITI  Aayog  took  inter-state  Secretary  level  meeting  along  with representatives  of  concerned  Central  Ministries  for  deliberation  on  the  proposed  Bill  on  28.01.2016. Subsequently,  PMO  vide  letter  dated  11.04.2016  forwarded  comments  of  States  so  received  on  the proposed Bill to this Ministry for consideration. The proposal of amendment to the ISRWD Act has been accepted by most of the States and apprehensions raised by some of the States have been addressed in the proposed Bill.

Cabinet Note in this regard, was sent for consideration of the Cabinet and PMO on 06.12.2016 and was approved by the Cabinet on 07.12.2016. Subsequently, the Ministry has initiated further process to introduce of the Bill in the Budget Session, 2017 of the Parliament.

*****

ANNEXURE ANNEXURE REFERRED TO IN REPLY TO PART (a) OF UNSTARRED QUESTION NO. 128 TO BE ANSWERED ON 02.02.2017  IN  LOK  SABHA  REGARDING  TRIBUNAL  FOR  INTER-STATE  RIVER WATER SHARING DISPUTES

## Status of Inter-State river water disputes subjudice under Tribunal

|   S. No | Name of Tribunal                    | States concerned                                     | Date of 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
|       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 subjudice.                                                                                                                                                                                                                                                                                                                                                      |
|       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 August, 2014, and thereafter for a further period of one year w.e.f. 01.08.2016, to address the terms of reference as contained in section 89 of Andhra Pradesh Reorganisation Act, 2014. The matter is under adjudication in the Tribunal. The Government of Telengana 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. |
|       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  | 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              |