THE MINISTER OF STATE FOR WATER RESOURCES, RIVER DEVELOPMENT AND GANGA REJUVENATION & PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(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 request under the said Act is received from any State Government in respect of any water dispute on the inter-State rivers and the Central Government is of the opinion that the water dispute cannot be settled by negotiations, the Central Government constitutes a Water Disputes Tribunal for the adjudication of the 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 ISRWD Act, 1956 in respect of Mahanadi basin to the Central Government. Odisha also filed Original Suit No.1/2017 in the Supreme Court of India for constitution of a Water Dispute Tribunal for adjudication of water disputes between Odisha and Chhattisgarh. The Original Suit was disposed of in the final hearing on 23.01.2018 with directions to the Central Government to constitute Water Dispute Tribunal for adjudication of the water dispute between the concerned States within a period of one month from the date of order. Accordingly, the Central Government has constituted Mahanadi Water Disputes Tribunal vide Notification No. S.O. 1114(E) dated 12.03.2018.
Contd…P/2
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Further, the States of Uttar Pradesh, Haryana, Rajasthan, Himachal Pradesh and National Capital Territory of Delhi having their geographical areas in the Yamuna river basin upto Okhla signed a MoU on 12th May, 1994 regarding allocation of surface flow of Yamuna upto Okhla. Presently, there is no water sharing dispute amongst the basin States for sharing Yamuna water.
However, issue regarding less availability of water with respect to its allocated share of Yamuna water, raised by Rajasthan have been discussed in the meetings of Upper Yamuna River Board (UYRB) and Upper Yamuna Review Committee (UYRC).
(c) & (d) The Ravi and Beas river water disputes amongst the States of Punjab, Haryana, and Rajasthan is presently subjudice before the Ravi & Beas Water Tribunal (details given in the Annexure).
State of Rajasthan has further proposed to restore 0.6 MAF of surplus waters out of its share in Ravi- Beas waters. Punjab has some issues in this regard.
State of Rajasthan has also requested for supply of 0.17 MAF of Ravi-Beas waters through Bhakra Main Line ex-Nangal for Sidhmukh Nohar areas. Haryana has some issues in these matters. Rajasthan has also filed a suit in the matter which is under consideration of the Supreme Court. The matter is as such subjudice.
Further, State of Rajasthan has submitted a feasibility report to Central Water Commission (CWC) on "Transfer of Rajasthan''s share in Yamuna water from Tajewala head works to Rajasthan and it''s utilization in Jhunjhuna and Churu District of Rajasthan". The report has been examined in CWC and ‘in principle consent’ for preparation of Detailed Project Report of the project has been conveyed by CWC.
(e) 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 WR, RD & GR on 14.03.2017 by amending the existing ISRWD Act, 1956. The Bill envisages to constitute a standalone Tribunal with permanent establishment and permanent office space and infrastructure so as to obviate with the need to set up a separate Tribunal for each water dispute which is invariably time- consuming process. In the proposed Bill, there is a provision for establishment of a Dispute Resolution 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 settled by negotiations shall be referred to the Tribunal for its adjudication. The dispute so referred to the Tribunal shall be assigned by the Chairperson of the Tribunal to a Bench of the Tribunal for adjudication. The proposed amendments in the Bill will speed up the adjudication of water disputes referred to it. The Bill was referred to Parliamentary Standing Committee on Water Resources for examination. The Standing Committee has submitted its recommendation on the Bill vide Lok Sabha Secretariat letter dated 11.08.2017 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.
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ANNEXURE
Annexure referred to in reply to Parts (a) to (d) of the Unstarred Question No. †6212 to be answered in Lok Sabha on 05.04.2018 regarding “Water Disputes”
Status of Inter-State water disputes over the sharing of river water under Tribunals
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 5(2) given in April, 1987. Clarification/explanation sought from the Tribunal under Section 5(3) of the said Act by the party States. Presidential Reference 1 of 2004 was made on the Punjab Termination of Agreements Act, 2004. The Hon’ble Supreme Court has pronounced the judgement on Presidential Reference in negative. Further, Government of Haryana has filed IA No. 6 of 2016 in OS No. 6 of 1996 in the matter. The matter is subjudice.
2 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. The party States have also filed Civil Appeals against the order of CWDT dated 5.2.2007 before the Supreme Court. In this regard, the Supreme Court has pronounced 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. 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 is sub-judice. Term of the Tribunal was extended for a period of two years w.e.f. 1st August, 2014 to address the terms of reference as contained in section 89 of Andhra Pradesh Reorganisation Act, 2014. Thereafter, the term of the Tribunal has been extended twice for one year each viz. for a period of one year w.e.f. 01.08.2016 and for a period of one year w.e.f. 01.08.2017. 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 thus sub-judice.
4 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 The Tribunal has submitted its report to the Central Government under Section 5(2) of the ISRWD Act, 1956 on 13.09.2017. Further, State of Odisha and the Central Government have filed reference under Section 5(3) of the ISRWD Act, 1956 on 11.12.2017 and 12.12.2017 respectively. The matter is thus under adjudication in the 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 the Tribunal u/s 5(2) of ISRWD Act, 1956.
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