Lok Sabha Question No. 3053 (UNSTARRED), answered on 2017-08-03
Subject: Inter-State River Water Sharing Disputes
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: ELUMALAI VELLAIGOUNDER

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

## LOK SABHA UN STARRED QUESTION NO.

## 3053 ANSWERED ON 03 .0 8.201 7

## INTER - STATE RIVER WATER SH ARING DISPUTES

## 3053. SHRI V. ELUMALAI

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

(a) whether the Government is aware of rising number of inter - State river water sharing disputes in th country and if so, the details thereof;

- (b) the s teps taken to resolve the same so far;
- (c) the details of the oldest inter - State river water sharing dispute in the country; and
- (d) the mechanism put into place to solve these disputes?

## ANSWER

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

(DR. SANJEEV KUMAR BALYAN)

(a)to (d) On the complaint made by the State Governments, the Central Government has, so f up 08 tribunals to settle water disputes among the States under the Inter -State River Water Disputes (ISRWD) Act, 1956. The present status of various inter - State water disputes over the sharing of river 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 r basin. Ne gotiations were carried out by Chairman, Ganga Flood Control Commission and Chair Central Water Commission with the States of U.P. and Bihar. It has been agreed that the tw U.P. and Bihar would meet periodically and try to solve the issue bi laterally. The dispute 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 Co comprising  members  from basin  States  and  concerned  Ministries  of  Central  Government,  Cen Water Commission, India Metrological Department, National Institute of Hydrology for sett the dispute through negotiation. The Negotiation Committee held two meetings on 28.02.2 017 and 22.05.2017 and submitted its report in which it mentioned that any further meetings of thi would not be fruitful as there had been no participation from complainant State i.e. Stat both the meetings. Accordingly, the Minist ry concluded that the dispute cannot be resolved

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 di sputes is already available in the form of ISRW Act, 1956. The ISRWD Act, 1956 has been last amended in 2002 whereby adjudication of the disputes  by  tribunals  has  been  made  time  bound  after  consultation  with  all  State  Gov Further, Ministry of Water Resources, River Development & Ganga Rejuvenation adopted a revis National Water Policy (NWP) in 2012. As per Clause 12.2 of the Policy, a permanent Water Tribunal  at  the  Centre  should  be  established  to  resolve  the  disputes  expeditiousl y  in  an  equ tab e manner.  In  this  regard,  the  Inter - State  Ri ver  Water  Dispute  (Amendment)  Bill,  2017  has  been introduced in Lok Sabha on 14.03.2017 to amend the existing ISRWD Act, 1956. The Bill has been referred to the Parliamentary Standing Comm ittee on Water Resources by the Hon'ble Speaker vide order dated 14.03.2017 for examination. In this regard, three meetings of the Standin have been held on 16.06.2017, 30.06.2017 and 10.07.2017.

*****

ANNEXURE REFERRED TO IN REPLY TO PART (a) to (d) OF UNSTARRED QUESTION NO.  3053  TO  BE  ANSWERED  ON  03.08.2017  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.

States.

on

Civil matter

is

|   S. No | Name of Tribunal                   | States concerned                                               | Date constitution   | of 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 5(2) given in April, Clarification/explanation sought the Tribunal under Section 5(3) said Act by the party Presidential Reference 1 of made on the Punja b Termination Agreements Act, 2004. The Hon'ble Supreme Court has pronounced judgement on Presidential in negative. Further, Government Haryana has filed IA No. 6 of OS No. 6 of 1996 in the matter. matter is subjudice.                                                                                                     |
|       5 | Cauvery Water Disputes Tribunal    | Kerala, Karnataka, Tamil Nadu and Puduchery                    | June, 1990          | Report and decision given 5.2.2007 which was published Notification dated 19.2.2013. party States and Central has sought clarification under section 5(3) of the Act. The work onreport CWDT u/s 5(3) of the Act could not be taken up as the party have filed Civil Appeals against of CWDT dated 5.2.2007 before Supreme Court . Supreme Court passed a judgement dated 09.12.2016 on the admissibility of Civil filed by the party States and the maintainability of the Appeals. As such the matter subjudice. |

dated

16.9.2011, till further order, decision

Water

|   S. No | Name of Tribunal                    | States concerned                                     | Date of constitution                                                                                                            | Present Status                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           |
|---------|-------------------------------------|------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|       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 filed by States and Central Government shall not be the official Gazette. As such, is sub - judice. Term of the was extended for a period of year s w.e.f. 1 st August, 2014 to address the terms of contained in section 89 of Pradesh Reorganisation Act, Thereafter, the term of the has been extended twice for one each viz. for a period of w.e.f. 01.08.2016 and for a one year w.e.f. 01.08.2017. The matter is under adjudication Tribunal. The Government of Telengana has filed a SLP 33623 - 26 of 2014and WP(C) 545 of 2015 in the Hon'ble Supreme Court in the |
|       7 | Vansadhara Water Disputes Tribunal  | Andhra Pradesh &Odisha                               | February, 2010 However, as per the Supreme Court order date of reckoning of the constitution the Tribunal w.e.f. 17.9.2012      | matter. The matter is thussub- judice. the of is Report and decision not given Tribunal. Vansadhara Water Tribunal in its InterimOrder dated 17.12.2013 has directed to a 3 - member Protem Supervisory Flow Management and Regulation Committee on River Vansadhara implement its Order. State Govt. Odisha has filed Special Leave Appeal (Civil) No.3392 of 2014 with regard to the Vansadhara Disputes Tribunal Judgement 17.12.2013. The matter is sub - judice.                                                                                                                                                                                                                                                                                    |
|       8 | Mahadayi Water Disputes Tribunal    | Goa, Karnataka and Maharashtra                       | November, 2010 However, vide notification 13.11.2014 date of reckoning of the constitution of the Tribunal is w.e.f. 21.08.2013 | dated Report and Decision not given Tribunalu/s 5(2) of ISRWD 1956.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      |