Lok Sabha Question No. 384 (STARRED), answered on 2018-03-22
Subject: National River Water Disputes Tribunal
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: ANTO  ANTONY

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

## LOK SABHA STARRED QUESTION NO. *384

ANSWERED ON 22 . 03.2018

## NATIONAL RIVER WATER DISPUTES TRIBUNAL

## *384. SHRI ANTO ANTONY

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

- (a)  whether  the  Government  has  any  record  regarding  unsettled  river  water  sharing  disp consideration of various courts and tribunals in the coun try;
- (b) if so, the details thereof, State - wise;
- (c) whether the Government is planning to establish a National River Water Disputes Trib country; and
- (d) if so, the details including the salient features thereof?

## ANSWER

THE MINISTER OF WATER RESOURCES, RIVER DEVELOPMENT AND GANGA REJUVENATION, ROAD TRANSPORT & HIGHWAYS AND SHIPPING

( SHRI NITIN JAIRAM GA DKARI )

- (a) to (d) A statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) OF STARRED QUESTION NO. *384 TO BE ANSWERED ON 22.03.2018 REGARDING NATIONAL RIVER WATER DISPUTES TRIBUNAL .

(a)  &  (b ) 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 req 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 dispute cannot negotiations, the Central Government constitutes a Water Disputes Tribunal for the adjudic water dispute. Currently, 5 water disputes Tribunals are active, details of which are given in Annexure .

Further, the State of Odisha filed complaint dated 19.11.2016 under Section 3 of the 1956 in respect of Mahanadi basin to the Central Government. Odisha a lso filed Original Suit No.1/2017 in the Supreme Court of India for constitution of a Water Dispute Tribunal for adjudicat disputes between Odisha and Chhattisgarh. The Original Suit was disposed of in the final 23.01.2018  with  direc tions  to  the  Central  Government  to  constitute  Water  Dispute  Tribun adjudication of the water dispute between the concerned States within a period of one mon date of order. Accordingly, the Central Government has constituted Mahanadi Water Disputes Tribunal vide Notification No. S.O. 1114(E) dated 12.03.2018.

The State of Bihar has filed a complaint dated 04.01.2018 under Section 3 of the IS 1956 in respect of Tilaiya - Dhadhar Diversion scheme.

(c) & (d) 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 & GR on 14.03.2017 by amending the existing ISRWD Act, 1956. The Bill envisages to con stitute a standalone Tribunal with permanent establishment and permanent office space and infrastruct obviate with the need to set up a separate Tribunal for each water dispute which is inva -consuming process. In the proposed Bill, there is a provision for establishment of a Dispute Reso 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  cannot  be  set negotiations shall be referred to the Tribunal for its adjudication. The dispute so referre shall be assigned by the Chairperson of the Tribunal to a Bench of the Tribunal for adju proposed amendments in the Bill will speed up t he adjudication of water disputes referred to it. Th was referred to Parliamentary Standing Committee on Water Resources for examination. The S Committee  has  submitted  its  recommendation  on  the  Bill  vide  Lok  Sabha  Secretariat  let 11.0 8.2017 in the form of 'Nineteenth Report of Standing Committee on Water Resources on The Inter -State  River  Water  Disputes  (Amendment)  Bill,  2017'.  Accordingly,  the  Ministry  has  prepared  draft Cabinet Note for Official Amendments to Inter - State River Water Disputes (Amendment) Bill, 2017.

## ANNEXURE

## Annexure referred to in reply to Parts (a) & (b) of the Starred Question No. *384 to be answered in Lok Sabha on 22.03.2018 regarding 'National River Water Disputes Tribunal'

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

1987.

Punjab dated

|   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 given in April, Clarification/explanation sought Tribunal under Section 5(3) of the by the party States. Presidential 1 of 2004 was made on the Termination of Agreements Act, 2 004. The Hon'ble Supreme Court has pronounced the judgement on Presidential negative. Further, Government of has filed IA No. 6 of 2016 in OS 1996 in the matter. The matter is                                                                                                                                                                                                                                                                                                                                                                          |
|       2 | Cauvery Water Disputes Tribunal     | Kerala, Karnataka, Tamil Nadu and Puduchery          | June, 1990             | Report and decision given on 5.2.2007 was published vide Notification 19.2.2013. The party States have Civil Appeals against the order of dated 5.2.2007 before the Supreme Court . In this regard, the Supreme Court has its verdict 16.02.2018.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           |
|       3 | Krishna Water Disputes Tribunal -II | Karnataka, Telengana, Andhra Pradesh and Maharashtra | April, 2004            | Report and decision given on 30.12. Further report given by the Tribunal 29.11.2013. However, as per Court Order dated 16.9.2011, till order, decision taken by the references filed by States and Government shall not be published official Gazette. As such, matter - jud ice. Term of the Tribunal was for a period of two years w.e.f. 1 st August, 2014 to address the terms of contained in section 89 of Andhra Reorganisation Act, 2014. term of the Tribunal has been twice f or one year each viz. for a one year w.e.f. 01.08.2016 and for of one year w.e.f. 01.08.2017. The is under adjudication in the Government of Telengana has filed a 33623- 26 of 2014 and WP(C) 545 of in the Hon 'ble Supreme Court in the matter. The matter is thus sub - judice. |

|   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 date reckoning of constitution the Tribunal w.e.f. 17.9.2012                   | the of the of is The Tribunal has submitted its Central Government under Section the ISRWD Act, 1956 on Further, State of Odisha and the Government have filed reference Section 5(3) of the ISRWD Act, 11.12.2 017 and 12.12.2017 The matter is thus under adjudication Tribunal. |
|       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 Tribunal u/s 5(2) of ISRWD Act,                                                                                                                                                                                                                   |

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