Lok Sabha Question No. 1472 (UNSTARRED), answered on 2017-03-09
Subject: Inter-State River Water Sharing Disputes
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: SANTOSH AHLAWAT

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

## LOK SABHA

## UNSTARRED QUESTION NO. 1472 ANSWERED ON 09.03.2017

## INTER-STATE RIVER WATER SHARING DISPUTES

## 1472. SHRIMATI SANTOSH AHLAWAT

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

(a)  the  details  and  the  current  status  of  each  of  the  inter-State  river  water  sharing  dispute  in  the country especially Haryana and Rajasthan along with agreements signed between the States for the purpose;

(b) the quantum of water demanded by the States and being supplied to them at present from each of the rivers involved in such disputes; and

(c)  the  steps  taken/to  be  taken  by  the  Government  to  resolve  the  said  disputes  along  with  efforts made  to  ensure  that  due  share  of  water  from  the  rivers  involved  in  disputes  is  released  to  the concerned States without any hurdle.

## ANSWER

## THE  MINISTER  OF  STATE  FOR  WATER  RESOURCES,  RIVER  DEVELOPMENT  AND GANGA REJUVENATION (DR. SANJEEV KUMAR BALYAN)

(a) to (c) On the complaint made by the State Governments, the Central Government has, so far, set up 08 tribunals to settle water disputes among the States under the Inter-State River Water Disputes (ISRWD) Act, 1956 which includes Ravi & Beas Water Tribunal set up for dispute among basin  states  including  Haryana  and  Rajasthan.  The  present  status  of  various  inter-state  water disputes over the sharing of river water is at Annexure .

Government  of  Bihar  has  sent  a  request  on  27.11.2013  under  provision  of  ISRWD  Act, 1956 to this Ministry for constitution of a Tribunal for adjudication of river water disputes related to Sone basin. Negotiations were carried out by Chairman, GFCC and Chairman, CWC with the States of U.P. and Bihar. It has been agreed that the two States of U.P. and Bihar would meet periodically and try to solve the issue bilaterally. The dispute has since been settled.

State of Odisha has also filed complaint under Section 3 of ISRWD Act, 1956 in 2016 with respect to Mahanadi basin and the Central Government has constituted a Negotiation Committee for settlement  of  the  dispute  through  negotiation.  The  first  meeting  of  the  Committee  was  held  on 28.02.2017 which was attended by all basin States except State of Odisha. In the meeting it was felt that there is a need for proper and scientific assessment of the yield of the basin and accordingly decided to collect the relevant data in a time bound manner.

As  per  information  available  in  Central  Water  Commission  (CWC)  publication  2015 'Agreements on Inter-State Rivers', Vol. III of Legal Instruments on Rivers in India, a number of inter-state agreements have been reached so far.  Shares of Rajasthan and Haryana in Ravi-Beas, Satluj, and Upper Yamuna basin are determined by Agreements of 1981, 1959 and 1994 reached inter-alia between the two States.

Parties to Agreements/decision of Tribunals are entitled to their share of water in concerned river  basin  as  per  provisions  of  such  Agreements/decision  of  Tribunals.  This  Ministry  does  not maintain such records. However, supply of water to concerned States varies on year to year basis depending  mainly  on  availability  of  water  in  the  basin/reservoirs  in  a  particular  year  and  other relevant factors and is monitored by the concerned Board/Authority/regulatory body functioning in a particular river basin project.

The mechanism for settlement of water disputes is already available in the form of ISRWD Act, 1956. The ISRWD Act, 1956 has been last amended in 2002 whereby adjudication of the water disputes  by  tribunals  has  been  made  time  bound  after  consultation  with  all  State  Governments. Further, Ministry of Water Resources, River Development & Ganga Rejuvenation adopted a revised National  Water  Policy  (NWP)  in  2012.  As  per  Clause  12.2  of  the  Policy,  a  permanent  Water Disputes Tribunal at the Centre should be established to resolve the disputes expeditiously in an equitable  manner.  The  proposal  to  set  up  a  standing  tribunal  to  adjudicate  interstate  river  water disputes has been approved by the Cabinet and Notice for introduction of Bill for the same has been sent.

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## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (a)  to  (c)  OF  UNSTARRED QUESTION NO. 1472 TO BE ANSWERED ON 09.03.2017 IN LOK SABHA REGARDING INTER-STATE RIVER WATER SHARING DISPUTES

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

|   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 on July, 1980                                                                                                                                                                                                                                                                                                                                                                                                                                                                |
|       2 | Krishna Water Disputes Tribunal -I | Maharashtra, Andhra Pradesh, Karnataka,                        | April, 1969         | Award given on May, 1976                                                                                                                                                                                                                                                                                                                                                                                                                                                                 |
|       3 | Narmada Water Disputes Tribunal    | Rajasthan, Madhya Pradesh, Gujarat and Maharashtra             | October, 1969       | Award given on December, 1979                                                                                                                                                                                                                                                                                                                                                                                                                                                            |
|       4 | 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 subjudice. |
|       5 | 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.       |
|       6 | Krishna Water Disputes             | Karnataka, Telengana, Andhra                                   | April, 2004         | Report and decision given on 30.12. 2010. Further report given by the Tribunal on 29.11.2013. However, as                                                                                                                                                                                                                                                                                                                                                                                |

| S. No   | Name of Tribunal                   | States concerned               | Date of constitution                                                                                                                  | Present Status                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |
|---------|------------------------------------|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|         | Tribunal -II                       | Pradesh and Maharashtra        |                                                                                                                                       | 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. |
| 7       | 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.                                                                                                                                                                                                                                                             |
| 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 by the Tribunal u/s 5(2) of ISRWD Act, 1956.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    |