Inter-State River Water Disputes in Inida

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Issues, Causes and Solutions

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A Presentation on Inter-State River Water disputes in India By:- Department of Geography Patna University Anmol Utsav Roll no.01 M.A. (Final) Patna University For M.A.(Final) Seminar, 15 th July 2011

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Water Resources of India Total Precipitation : 4000 Total Water Availability : 1869 (4% of World Water Resources) Total Utilizable Water : 1123 Surface Water : 690 Ground Water : 433 In Billion cubic meter Total River Basins : 113 Large : 14 Medium : 44 Minor : 55 Source: India 2010, MIB, Govt. of India

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Stress and Scarcity Level Per Capita Availability Per Capita Water Availability : 1800 Cubic meter per year Source: Ministry of Water Resources, Govt. of India

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Inter-State River Water disputes CAUSES

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Major Disputes and Present Status River(s) States Date of Constitution of Tribunal Date of Award Krishna Maharashtra, Andhra Pradesh, Karnataka April 1969 May 1976 Godavari Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Orissa April 1969 July 1980 Narmada Rajasthan, Madhya Pradesh, Gujarat, Maharashtra October 1969 December 1979 Cauvery Kerala, Karnataka, Tamil Nadu and Union Territory of Pondicherry June 1990 Report u/s 5(2) received 5.2.2007 Krishna Karnataka, Andhra Pradesh and Maharashtra April 2004 Report u/s 5(2) pending Model/ Mandovi / Mahadayi / Goa, Karnataka and Maharshtra Under Construction - Vansadhara Andhra Pradesh & Orissa Under Construction - Source: Ministry of Water Resources, Govt. of India

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Dispute Settling Mechanism Entry 17 in the State List : Water, irrigation and canal, water development and Storage is a state subject, but qualified by Entry 56 in the Union List Entry 56 in the Union List : Regulation and development of water under the control of the union is declared by parliament by law to be expedient in the public interest. Article 262 : Explicitly grants parliament the right to legislate over the matter in Entry 56 and also gives primacy over the Supreme court. Constitutional Provisions Inter-State River Water Dispute Act (ISRWD),1956 Include provisions for the establishment of tribunals to adjudicate where direct negotiations have failed Centre has been entitled with the power of establishment of tribunal and confirms the enforcement of the adjudication of tribunal

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Methods of Resolution Eg . Yamuna River water dispute among Delhi, Haryana and Uttar Pradesh Eg . The Godavari Water Disputes Tribunal, Krishna River Water Disputes Tribunal, The Ravi & Beas Waters Tribunal, The Narmada Water Disputes Tribunal, The Kaveri Water Disputes Tribunal .

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Approaches of Resolution Sub-basin Division Approach Principle of “Equitable apportionment The whole river basin is divided into Sub-basins and thereafter the concerned parties are allocated with the command of Sub-basin lying within their area. Eg . Indus Water Treaty, 1960 between India and Pakistan. India has rights over three e astern rivers (Ravi, Beas & Satluj ) and Pakistan over Western rivers (Chenab, Jhelum and Indus) Similar, approach was taken in Godavari river dispute among Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh and Orissa) The proportionate share of states are decided on the basis of their respective property rights, area of drainage, investments, uses and total volume of water in the river. Eg . The award of Kaveri Water Tribunal :- State Allotted water (TMC ft) Tamil Nadu 419 Karnataka 270 Kerala 30 Puducherri 7 Reserved 10 Sea discharge 4 Total 740

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Loopholes and Solutions Property Rights Issues Plethora of actors Delays Enforcement Political Interferences PROBLEMS SOLUTIONS Declaration of water as a national property State government allowed to be the only party Setting up of time frame through laws Commissioning of an enforcement body Experts & judges be member rather than politicians

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Some Other Solutions Creation of a quasi-independent heirarchy of institutions Drainage basin oriented planning like Damodar Valley Project or Murray Water Commission (Australia) Defining priorities of water allocation

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Thank You

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Any Question?