Lok Sabha Question No. 3828 (UNSTARRED), answered on 2018-08-09
Subject: Single Tribunal for Inter-State River Water Sharing Disputes
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: Shrirang Appa Barne, SHIVAJI ADHALRAO PATIL, PRITAM GOPINATH MUNDE, DHARMENDRA YADAV, VINAYAK BHAURAO RAUT, KUNWAR PUSHPENDRA SINGH CHANDEL, SHRIKANT EKNATH SHINDE, ANANDRAO  ADSUL

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

## LOK SABHA UN STARRED QUESTION NO. 3828

ANSWERED ON 09.0 8.201 8

## SINGLE TRIBUNAL FOR INTER - STATE RIVER WATER SH ARING DISPUTES

3828.

SHRI SHRIRANG APPA BARNE SHRI ADHALRAO PATIL SHIVAJIRAO DR. PRITAM GOPINATH MUNDE SHRI DHARMENDRA YADAV SHRI VINAYAK BHAURAO RAUT SHRI KUNWAR PUSHPENDRA SINGH CHANDEL DR. SHRIKANT EKNATH SHINDE SHRI ANANDRAO ADSUL

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

(a) whether the Union Government has dissolved the Cauvery Water Disputes Tribunals and the details thereof and the reasons therefor;

(b) whether the Union Government is aware that a number of other water dispute tribunals/ are working without any results for years and if so, the details thereof;

(c)  whether  the  Union  Government  is  considering  to  close  such  tribunals/bodies  and  if det ails thereof;

(d) whether the Union Government is considering to set up single tribunal for all inter - State river water sharing disputes across the country with a fixed timeline; and

(e) if so, the details thereof and the time by which the final decision is likely to be taken in this regard?

## ANSWER

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

## ( SHRI ARJUN RAM MEGHW AL )

(a) The Supreme Court vide its orders dated the 16th February, 2018 and the 18th May, has delivered final judgement in the Civil Appeals No. 2453 of 2007, 2454 of 2007, 2456 filed by States of Tamil Nadu, Karnataka and Kerala against the award of Cauvery Water Disputes Tribunal (CWDT) on the allocation of water to them, and the award of CWDT has now merg with the judgement of the Supreme Court dated the 16th February, 2018. The Central Gover is satisfied that no further reference to the Trib unal in the matter would be necessary. Therefore CWDT has been dissolved vide Notification No. S.O. 3465(E) dated 16th July, 2018.

(b) to (e) 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 respe ct of any water dispute on the inter -State rivers and the Central Government is of the opinion that the water disput be settled by negotiations, the Central Government constitutes a Water Disputes Tribuna adjudication of the water dispute . Currently, 5 water disputes Tribunals are active, details of are given in Annexure .

In order to further streamline the adjudication of inter - State river water disputes, the Inter -State River Water Disputes (Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister for  Water  Resources,  River  Development  and  Ganga  Rejuvenation  (MoWR,  RD  &  GR)  on 14.03.2017  by  amending  the  existing  ISRWD  Act,  1956.  The  Bill  envisages  to  constit standalone Tribunal with permanent establishment and permanen t office space and infrastructure so as to obviate with the need to set up a separate Tribunal for each water dispute which is time -consuming process. In the Bill, there is a provision for establishment of a Dispute Committee  (DRC) by  the  Central  Government  for  resolving  amicably,  the  inter - State  water disputes  within  a  maximum  period  of  one  year  and  six  months.  Any  dispute,  which  cann settled by negotiations shall be referred to the Tribunal for its adjudication. The disp so referred to the Tribunal shall be assigned by the Chairperson of the Tribunal to a Bench of the T adjudication. The proposed amendments in the Bill will speed up the adjudication of water referred to it. The Bill was referred to Parl iamentary Standing Committee on Water Resources for examination.  The  Standing  Committee  has  submitted  its  recommendation  on  the  Bill  vide Sabha Secretariat letter dated 11.08.2017 in the form of 'Nineteenth Report of Standing Committee on  Water  Resourc es  on  The  Inter -State  River  Water  Disputes  (Amendment)  Bill,  2017'. Accordingly, the Ministry has prepared draft Cabinet Note for Official Amendments to Int - State River Water Disputes (Amendment) Bill, 2017.

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Annexure referred to in r eply to Parts (b) to (e) of the Unstarred Question No. 3828 to be answer Sabha on 09.08.2018 regarding 'Single Tribunal for Inter -State River Water Sharing Disputes'

Status of Inter - State water disputes over the sharing of river water under T ibunals between  Odisha

has vi

|   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 1987. Clarification/explanation sought from the under Section 5(3) of the said Act by the Presidential Reference 1 of 2004 was made on Termination of Agreements Act, 2 004. The Supreme Court has pronounced the judgement on Reference in negative. Further, Government of has filed IA No. 6 of 2016 in OS No. 6 of matter. The matter is subjudice.                                                                                                                                                                                                                                                                                                                                                               |
|       2 | Krishna Water Disputes Tribunal - II | Karnataka, Telengana, Andhra Pradesh and Maharashtra | 2 nd April, 2004       | Report and decision given on 30.12.2010. Further given by the Tribunal on 29.11.2013. However, Supreme Court Order dated 16.9.2011, till decision taken by the Tribunal on references States and Central Government shall not be the official Gazette. As such, matter is - judice. Further, to address the terms of reference as section 89 of Andhra Pradesh Reorganisation 4, term of the Tribunal was extended for a year w.e.f. 01.08.2014, thereafter term of the been extended twice for period of one year year w.e.f. 01.08.2016 and for one year w.e.f. The matter is under adju dication in the Tribunal. the Government of Telengana has filed a SLP - 26 of 2014 and WP(C) 545 of 2015 in the Supreme the matter. The matter is thus sub - judice.    |
|       3 | VansadharaWater Disputes Tribunal    | Andhra Pradesh &Odisha                               | 24 th February, 2010   | The Tribunal has submitted its report to Government under Section 5(2) of the ISRWD Act, on 13.09.2017. Further, State of Odisha and the Government have filed reference under Section the ISRWD Act, 1956 on 11.12.2017 and respectively. The matter is thus under Tribunal.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
|       4 | Mahadayi Water Disputes Tribunal     | Goa, Karnataka and Maharashtra                       | 16 th November, 2010   | Report and Decision not given by the Tribunal ISRWD Act, 1956.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     |
|       5 | Mahanadi Water Disputes Tribunal     | Odisha and Chhattisgarh                              | 12.03.2018             | State of Odisha filed complaint dated 19.11.2016 Section 3 of the ISRWD Act, 1956 in Mahanadi basin. As per Section 4(1) of ISRWD 1956 a Negotiation Committee was formed the Central Government. The committee report on 27.0 6.2017 wherein it was mentioned Government of Odisha did not participate in the for Negotiation. In the meanwhile, Government filed Original Suit No.1/2017 in the Supreme India for constitution of a Water Dispute or adjudication of water disputes between Chhattisgarh. The Original Suit has been the final hearing on 23.01.2018 with directions the Central Government for constitution of Water Tribunal. Accordingly, the Centr al Government constituted Mahanadi Water Disputes Tribunal notification dated 12.03.2018. |