Lok Sabha Question No. 1232 (UNSTARRED), answered on 2016-03-03
Subject: Inter-State River Water Sharing Disputes
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: BAHADUR SINGH KOLI, CH. MALLA REDDY, DUSHYANT SINGH, V. SATHYABAMA, R. PARTHIPAN

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

## LOK SABHA UNSTARRED QUESTION NO. 1232

ANSWERED ON 03.03.2016

## INTER-STATE RIVER WATER SHARING DISPUTES

1232.      SHRI BAHADUR SINGH KOLI         SHRIMATI V. SATHYA BAMA

SHRI CH. MALLA REDDY                SHRI R. PARTHIPAN

SHRI DUSHYANT SINGH

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 along with agreements signed between the States for the purpose;

(b) the quantum of water demanded by the States and being supplied to each State in the country at  present  from  each  of  the  rivers  involved  in  such  disputes  along  with  the  details  of  the objections received from States by indicating the action taken thereon, if any;

(c) the details/names of the Committees/Boards/Authorities/ Tribunals/Commissions constituted/to be constituted for resolving the disputes along with the progress achieved in this regard to water sharing amongst States so far; and

(d)  the  steps  taken/to  be  taken  by  the  Government  to  resolve  all  the  inter-State  river  water sharing disputes along with efforts made to ensure that due /agreed share of water from the rivers involved in disputes is released to the concerned States without any hurdle?

## ANSWER

THE  MINISTER  OF  WATER  RESOURCES,  RIVER  DEVELOPMENT  AND  GANGA REJUVENATION

## (SUSHRI UMA BHARTI)

(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. The present status of various inter -state water disputes over the sharing of river water is at Annexure .

In  the  past,  some  of  the  states  had  resolved  their  disputes  on  water  sharing  or  joint projects through mutual discussions and agreements with/without the direct intervention of the Central Government. As such this ministry does not maintain relevant record. However, as per information available in central water commission publication 'agreements on inter-state rivers', Vol.  III  of  Legal  Instruments  on  Rivers  In  India,  about  114  inter-State  agreements  have  been reached so far.

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 ina particular river basin project.

Further,  no  committee/boards  have  been  constituted  for  resolving  the  inter-state  water disputes between the party states raised under the provision of Inter-State River Water Disputes Act, 1956.

(d) 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.  However,  the  proposal  to  set  up  a  standing  tribunal  to adjudicate interstate river water disputes is under consultation with the States.

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## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (a)  to  (c)  OF  UNSTARRED QUESTION  NO. 1232 TO BE ANSWERED  ON  03.03.2016 IN  LOK  SABHA REGARDING INTER-STATE RIVER WATER SHARING DISPUTES

## A. Status of Inter-State water disputes over the sharing of river water under  to Tribunal

|   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. Also,a Presidential Reference in the matter is before Supreme Court and as such the matter is sub-judice.                                          |
|       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. Also, Special Leave Petition (SLP) filed by party States in Hon'ble Supreme Court, as such the matter is sub-judice.                                                  |
|       6 | 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 |

| S. No   | Name of Tribunal                   | States concerned               | Date of constitution                                                                                                                  | Present Status                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           |
|---------|------------------------------------|--------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|         |                                    |                                |                                                                                                                                       | is sub-judice. Term of the Tribunal has been extended for a further period of two year w.e.f. 1 st August, 2014 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 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. State of Odisha has filed an SLP in Supreme Court against the appointment of one of the Members of the Tribunal. The SLP in the matter filed by the State of Odisha in the Supreme Court is pending. The matter is sub-judice. Besides, Hon'bleVansadhara Water Disputes Tribunal in its 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.      | MahadayiWa ter 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           |

## B. Status of other Inter-State water disputes over the sharing of river water

1. Further, the Central Government has constituted a 3-member Supervisory Committee on; i. Mullaperiyar Dam for implementing the order dated 7.5.2014 of the Hon'ble Supreme Court.

ii.  Babhali  Barrage  on  24.10.2013  for  implementation  of  the  Order  dated  28.2.2013  of Hon'ble Supreme Court.

2. Action  of  negotiated  settlement  with  the  party  States  has  also  been  initiated  by  the Central  Government  as  per  the  provisions  of  the  ISRWD  Act,  1956  on  the  request  of Government of Bihar, on river Sone. After two meetings each taken by Chairman, Ganga Flood Control Commission (GFCC) and by Chairman, Central Water Commission (CWC) in 2014 and 2015,  it  was  agreed  that  the  situation  can  be  watched  for  one  year  regularly  and  instead  of analysing Joint Operation Committee (JOC) recommendations at the end of season, it would be better to have analysis carried out during the lean period, so that corrective measures could be taken  timely.  It  was  further  agreed  that  the  two  states  U.P.  &  Bihar  would  meet  periodically every two months to analyse the release pattern vis-a-vis the JOC recommendations from Rihand dam and try to solve the issues bilaterally.