Question : SAFETY OF DAMS

(a) whether there is any law empowering the State Governments the right to decommission a dam, if found unsafe by draining out the water stored in its reservoir; and

(b) if so, the details thereof and if not, the reasons therefor?

THE MINISTER OF STATE IN THE MINISTRY OF WATER RESOURCES (SMT. BIJOYA CHAKRAVARTY)

(a) Only Government of Kerala has recently passed an Act “The Kerala Irrigation and Water Conservation Act-2003”applicable to Kerala State inter-alia empowering the State Government to decommission a dam. The aforesaid bill as passed by the Kerala State Legislature received the assent of the Governor on the 13th September, 2003.

(b) This Act provides for constitution of a Dam Safety Authority, which is to be headed by a retired Judge of the High Court. Other members of the Dam Safety Authority will be eminent specialist in the field, officers from the various State Government Departments and Chief Engineer, Central Water Commission, Government of India. Relevant provisions of this Act regarding decommissioning of dam are as under:

“62 (e) To advise Government to suspend the functioning of any dam if the public safety so demands;

62 (f) To examine the precariousness of any dam, in public interest and to submit its recommendations including decommissioning of dam to the Government;

“62 (5) The disbanding, construction or reconstruction of any dam shall be made only after obtaining a report in the regard from the Authority.”