Lok Sabha Question No. 3034 (UNSTARRED), answered on 2016-08-04
Subject: National Water Framework Law
Ministry: WATER RESOURCES, RIVER DEVELOPMENT AND GANAGA REJUVENATION
Asked by: OM BIRLA, CHANDU LAL SAHU

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

## LOK SABHA

## UNSTARRED QUESTION NO. 3034 ANSWERED ON 04.08.2016

## NATIONAL  WATER  FRAMEWORK  LAW

## 3034. SHRI OM BIRLA SHRI CHANDU LAL SAHU

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

(a)  the  salient  features  of  National  Water  Framework  Law  and  River  Basin  Management  Bill  drafted  by  the Government;

(b) the steps taken by the Government to expedite the process of their enactment; and

(c) the details of deliberations undertaken with the States in this matter and the outcome as a result of the same?

## ANSWER

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

(a)  t o (c)  The National Water Policy (2012) emphasizes the need to evolve a National Water Framework Law as an umbrella  statement  of  general  principles  governing  the  exercise  of  legislative/executive  powers  by  the  Centre,  the States  and  the  local  governing  bodies.  This  Ministry  had  constituted  a  Committee  on  3 rd July,  2012  under  the Chairmanship of Dr. Y. K. Alagh to draft National Water Framework Law.  The Committee submitted its report in May, 2013.  The salient features of draft National Water Framework Law prepared by the Alagh Committee are at Annexure-I.

Further, this Ministry had constituted a Committee under the Chairmanship of Justice T. S. Doabia (Retd.) to study the activities that are required for optimum development of river basin and changes required in the existing River Board Act, 1956 for achievement of the same. The Committee submitted its Report in November, 2012 wherein the draft River Basin Management Bill was proposed.  The salient features of the draft River Basin Management Bill are at Annexure-II.

The reports submitted by Dr. Y.K. Alagh Committee and Justice T. S. Doabia (Retd.) Committee were circulated to the States/UTs for comments and were also placed before the National Forum of Water Resources / Irrigation Ministers of States for wider consultations at its meeting held on 29.05.2013.  Some of the States/UTs had given positive response on  the  draft  National  Water  Framework  Law  and  draft  River  Basin  Management  Bill  whereas  some  States  had expressed reservations in the matter.

A Committee under the Chairmanship of Dr. Mihir Shah was constituted by this Ministry on 28.12.2015 to examine the  provisions  of  the  draft  National  Water  Framework  Law  and  draft  River  Basin  Management  Bill  and  suggest changes/  modifications  therein  taking  into  account  inter-alia  the  emerging  challenges  in  the  water  sector,  reuse  of waste water after treatment, the likely impact  of climate change  on  water  resources,  importance  of river restoration/rejuvenation, water contamination issues etc.  The recommendations of the Dr. Mihir Shah Committee on National Water Framework Law have been finalized

## (Annexure referred to in reply to Part (a) to (c) of the Unstarred Question No.3034 to be answered on 04.08.2016 in the Lok Sabha regarding 'National Water Framework Law')

## Salient features of draft National Water Framework Bill (Prepared by Dr. Y.K. Alagh Committee)

- (1) The draft National Water Framework Bill proposes to establish an umbrella statement of general  principles  governing  the  exercise  of  legislative  and/or  executive  (or  devolved) powers by the Centre, the States and the local governing bodies, which should lead the way for essential legislation on water governance in every State of the Union and devolution of necessary authority to the lower tiers of government to deal with the local water situation.
- (2) It proposes eighteen Basic Principles for Water Management to bring different State legal interventions  within  a  framework  of  governing  principles  and  alignment  of  existing legislations  both  at  the  Central  as  well  as  State  level  to  conform  to  the  principles  and provisions of this Bill.
- (3) It  proposes  that  every  individual  should  have  a  right  to  a  minimum  quantity  of  potable water (not less than 25 litres per capita per day) for essential health and hygiene and within easy reach of the household, which may be provided free of cost to eligible households, being part of pre-emptive need.
- (4) It proposes establishment of an independent statutory Water Regulatory Authority by every State for ensuring equitable access to water for all and its fair pricing on volumetric basis, for drinking and other uses such as sanitation, agricultural and industrial.
- (5) It proposes that all water resources projects conform to the River Basin Master Plan to be prepared, applicable efficiency benchmarks and take into account all social and environmental aspects in addition to techno-economic considerations.
- (6) It proposes that the groundwater be protected, conserved and regulated through appropriate laws  and  by  adequate  and  efficient  measures  using  precautionary  approach,  with  active participation of Community Based Institutions.
- (7) It  proposes  conformance  to  the  Service  Level  Benchmarks  for  water  supply,  sanitation, solid waste management and storm water drainage, as may be prescribed.
- (8) It proposes that Industries either withdraw only the make up water or have an obligation to return  treated  effluent  to  a  specified  standard  back  to  the  hydrologic  system  and  to  file annual 'Water returns'.
- (9) It  proposes  that  the  appropriate  Government  take  all  possible  measures  to  synergise  and integrate  different  development  schemes  including  schemes  for  water  conservation, sanitation and improvement of water quality at Panchayat or Municipality level, as the case may be, and further at sub basin and basin level.
- (10) It proposes that a High Powered Committee be set up at the Centre and in each State for coordination and policy support mechanism between different agencies dealing with water etc.

(Annexure referred to in reply to Part (a) to (c) of the Unstarred Question No.3034 to be answered on 04.08.2016 in the Lok Sabha regarding 'National Water Framework Law')

## Salient Features of the draft River Basin Management Bill (Prepared by Justice (Retd.) T.S.Doabia Committee)

- (1) The Draft River Basin Management Bill proposes establishment of separate River  Basin Authorities  for  regulation  and  development  of  waters  for  twelve  major  inter-State  river basins in the country.
- (2) It proposes principles of participation, cooperation, equitable and sustainable management, conjunctive use, integrated management, public trust doctrine and demand management for governing river basin development, management and regulation.
- (3) It  proposes  a  two-tier  structure  for  a  River  Basin  Authority,  consisting  of  a  Governing Council comprising, inter-alia, of Chief Ministers of riparian States and an Executive Board comprising,  inter-alia,  of  Secretaries  of  riparian  States,  charged  with  the  technical  and implementation powers for the Governing Council decisions.
- (4) It  proposes each River Basin Authority should prepare a River Basin Master Plan for the inter-State river basin under its jurisdiction on the principles of Integrated Water Resources Management.
- (5) It  proposes  that  the  Governing  Council  follow  persuasion,  conciliation  and  mediation  as means to resolve disputes, whenever any dispute or difference arises between two or more State Governments with respect to any recommendation given by the River Basin Authority or the refusal or neglect of any State Government to undertake any measures in pursuance of the River Basin Master Plan or Schemes.
- (6) It  provides  for  referral  of  dispute(s)  for  resolution  under  the  Inter  State  River  Water Disputes Act, 1956, when the Governing Council fails to determine the issue(s) or resolve the water dispute(s) or where the State Governments disagree with the decision tendered by such Governing Council.
- (7) It  proposes  that  the  River  Basin  Authority  be  empowered  to  have  its  own  funds  and requires them to prepare Annual Report to be laid before both Houses of Parliament.
- (8) It proposes that the Central Government may give directions and make Rules for effective implementation  of  the  provisions  of  the  Bill.  It  also  proposes  that  every  River  Basin Authority be empowered to make regulations for discharging its powers and functions etc.