In a recent judgment, the Supreme court has increased the share of Karnataka in the Cauvery Water from what it was awarded by the Cauvery Water Disputes Tribunal in February 2007.
Background
• The Cauvery Waters Tribunal was set up on June, 2, 1990 following an appeal in 1986 made by Tamil Nadu for establishing a tribunal for addressing the issue of sharing Cauvery water.
• The Cauvery Waters Tribunal heard the concern parties for 16 years and finally announced its final verdict in 2007.
• The verdict ordered the Karnataka government to release 15,000 cusecs of water per day for ten days, to the state of Tamil Nadu.
Constitutional and legislative provisions for inter-state water disputes
• Under Article 262(2) a provision made by the parliament with regard to any such dispute or complaint cannot be reviewed or heard by any court.
• The Interstate River Water Disputes Act, 1956 (IRWD Act) enacted under Article 262 of Constitution. Under this article the Parliament also passed the River Boards Act (1956).
Significance of the judgment
• According to the SC the principle of equality among riparian States does not imply equal division of water; it suggests just and reasonable use and “drinking water requirement” must be placed on a higher pedestal.
• It lays down two principles which may have a ripple effect on other inter-state river water disputes.
Groundwater -A certain quantity of water was reduced from the quantum allocated to Tamil Nadu, because of availability of groundwater in the state.
Warrantable flexibility – The city of Bengaluru had grown over the years thus, creating an ever-rising demand for all public facilities.
From 1987 to 2002 more than one national water policies were adopted. These policies incorporated the principle of equitable apportionment as recognized by such international conventions as the Helsinki Rules, Compione Rules and Berlin Rules.
A river flowing from one state to the other is regarded a “national asset” on which no single state can claim ownership.
Related Information
• River waters use is a states subject (entry 17 of state list). However the Central Govt. can enact laws on regulating and developing inter-state rivers and river valleys in public interest (entry 56 of union list).
•If ever there is a dispute regarding the apportionment of water of an inter-state river, the President may constitute an interstate council under Article 263 to resolve the issue.
• It’s main purpose is to protect the interests of a downstream state when water resources available in an upstream state are put to additional use.
Inter-State River Water Disputes (Amendment) Bill, 2017
• It proposes a Single Standing Tribunal (with multiple benches) instead of existing multiple tribunals.
• It envisages appointment of Assessors to extend technical support to the tribunal.
• According to this bill the Central Government may establish a Dispute Resolution Committee (DRC) for the purpose of amicably solving water disputes.
• It provides for transparent data collection system at the national level for each river basin by an agency appointed or authorized by Central Government.
Other Inter-state river disputes in news
Vansadhara River dispute– Andhra Pradesh & Odisha.
Mahanadi Water Dispute– Odisha and Chhattisgarh.
Mahadayi (mandovi) river dispute– Goa, Karnataka and Maharashtra.
Krishna river dispute– Maharashtra, Karnataka, Telangana and Andhra Pradesh.
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