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Thread: Inter-state Water Disputes - Current Inter State River Water disputes and Tribunals.

  1. #1
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    Thumbs up Inter-state Water Disputes - Current Inter State River Water disputes and Tribunals.

    Ministry of Water Resources

    Inter-state Water Disputes


    Current Inter State River Water disputes and Tribunals


    Ravi & Beas Waters Tribunal

    1. Surplus Ravi-Beas waters refers to available Ravi-Beas waters excluding the pre-partition utilization of 3.13 MAF by Rajasthan, the then Punjab and J&K. The surplus Ravi-Beas waters were first allocated in a Conference of the Chief Ministers held in January 1955, then by a Govt. of India Notification dated 24.3.1976 subsequent to the reorganization of Punjab in Nov. 1966 and later, in an agreement dated 31.12.1981 among the Chief Ministers of Punjab, Haryana and Rajasthan. As the issues got re-opened, there were prolonged negotiations which culminated in signing of the Punjab Memorandum of Settlement (Rajiv-Longowal Accord) on 24.7.1985 between the then Prime Minister of India, Shri Rajiv Gandhi and the then President of Shiromani Akali Dal, Sant Harchand Singh Longowal.

    2. Para 9.0 of the Accord, on ‘sharing of river waters’ states as under:-


    “9.0 Sharing of River Waters

    9.1 The farmers of Punjab, Haryana and Rajasthan will continue to get water not less than what they are using from the Ravi Beas system as on 1.7.85. Waters used for consumptive purposes will also remain unaffected. Quantum of usage shall be verified by the Tribunal referred to in Para 9.2 below:

    9.2 The claim of Punjab and Haryana regarding the shares in their remaining waters will be referred for adjudication to a Tribunal to be presided over by a Supreme Court Judge. The decision of this Tribunal will be rendered within six months and would be binding on both parties. All legal and constitutional steps required in this respect shall be taken immediately.

    9.3 The construction of SYL Canal shall continue. The Canal shall be completed by August 15, 1986.”

    3. Pursuant to the Accord, the Inter State River Water Disputes Act 1956 (ISRWD Act) was amended and a three-Member Ravi & Beas Waters Tribunal (RBWT) was set up in April 1986, to verify and adjudicate the matters specified in paragraphs 9.1 and 9.2 respectively, of the Accord. The Tribunal gave its report on 30.1.1987, which was forwarded to the States on 20.5.1987. References under Section 5(3) of the ISRWD Act, of Punjab, Haryana and Rajasthan and Central Govt. seeking some explanation/ guidance on the report were forwarded to the Tribunal on 19.8.1987 and are since under their consideration.

    4. Hearings of the Tribunal have come to depend on the outcome of a Presidential Reference related to constitutionality of the Punjab Termination of Agreements Act, 2004 pending before the Hon’ble Supreme Court.



    PUNJAB TERMINATION OF AGREEMENTS ACT, 2004

    Punjab Legislature on 12.07.04 enacted the Punjab Termination of Agreements Act, 2004 (PTAA). The Act terminates all agreements relating to the Ravi Beas waters, including the agreement dated 31.12.1981 signed by the Chief Ministers of Punjab, Haryana and Rajasthan and fully discharges Government of Punjab of any obligation arising from the agreements. The Act provides that all existing and actual utilizations through the existing systems shall remain protected and unaffected. A Presidential Reference regarding the PTAA has been made on 22.07.2004 under Article 143 of the Constitution of India.

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    Thumbs up Current Inter State River Water disputes and Tribunals - Vansadhara River Water Dispute.

    Inter-state Water Disputes


    Current Inter State River Water disputes and Tribunals


    Vansadhara River Water Dispute

    1) The State of Orissa in February 2006 sent a complaint to the Central Government under Section 3 of the Inter-State River Water Disputes (ISRWD) Act, 1956 regarding water disputes between the Government of Orissa and Government of Andhra Pradesh pertaining to Inter-State River Vansadhara for constitution of a Inter-State Water Disputes Tribunal for adjudication. The main grievance of the State of Orissa in the complaint sent to the Central Government is basically adverse effect of the executive action of Govt. of Andhra Pradesh in undertaking the construction of a canal taking off from the river Vamasadhara called as flood flow canal at Katragada and failure of Govt. of Andhra Pradesh to implement the terms of inter-State agreement understanding etc. relating to use, distribution and control of waters of inter-State river Vansadhara and its valley. Basic contention of State of Orissa in the complaint is that the flood flow canal would result in drying up the existing river bed and consequent shifting of the river affecting ground water table. It has also raised the issue of scientific assessment of available water in Vansadhara at Katragada and Gotta Barrage and the basis for sharing the available water.

    2) As per the provision of ISRWD Act, 1956, when any request under Section 3 is received from any State Government in respect of any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, the Central government shall, within a period of not exceeding one year from the date of receipt of such request, by notification in the Official Gazette, constitute a Water Disputes Tribunal for the adjudication of the water dispute. Accordingly, Secretary (WR) convened an inter-State meeting on 24.4.2006 at New Delhi to explore the possibility of finding out negotiated settlement of the dispute. In the meeting, both the States agreed that yield of the river is to be shared between Orissa and Andhra Pradesh on 50 – 50 basis. Both States also agreed that CWC will reassess the yield of the Vansadhara basin by utilizing the yield series upto 2005 for which necessary utilization data shall be furnished by the concerned State Government expeditiously. Based on the conclusions reached in the meeting, Central Government is hopeful of finding the negotiated settlement of the dispute. The effect of flood flow canal on the river region is being investigated through a model study in CWPRS.

    3) In continuation of this process, another inter-State meeting at the level of Addl. Secretary (WR) was convened on 5th -6th December, 2006 in which the follow-up action taken on the decision of the previous Inter-State meeting was reviewed. Further, Addl. Secretary (WR) convened another inter-State meeting on 2nd March, 2007 to review the follow-up action on the conclusions reached in the meeting taken by him on 5th & 6th December, 2006. In the meeting, Addl. Secretary (WR) felt that it may be appropriate to request Secretary (WR) to call another meeting at the level of Chief Secretaries of State of Orissa and Andhra Pradesh in view of the divergent position stated by officials of respective States in an explicit manner.

    4) Meanwhile, the W.P.(C)No.443 of 2006 filed by State of Orissa came up for hearing before the Hon’ble Supreme Court on 30th April, 2007. The Hon’ble Supreme Court was requested to adjourn the matter for a longer time so that the Central Government can once again try for a negotiated settlement and, therefore, the matter was adjourned. In view of that Secretary (WR) proposed meeting with the Chief Secretaries on 18.5.06 which was rescheduled to 15.6.07 and again to 5.7.07 due to inability expressed by Chief Secretary, Govt. of Orissa to attend the same. However the meeting finally could not be held as Chief Secretary, Govt. of Orissa expressed inability to attend the same as no useful purpose will be served in holding the meeting till Govt. of Andhra Pradesh stops construction of the project.

    5) Further, an inter state meeting was taken by Chairman, CWC with the officers of CWC, CWPRS, Pune, the State of A.P. and Orissa on 17.12.07 to discuss the model studies requested in this regard. Another meeting was held on 22.1.08 to firm up additional/studies required.

    6) In the hearing dated 6.2.2009, the Hon’ble Supreme Court directed Central Government to constitute a water dispute tribunal.

    7) With the approval of the Cabinet (dated 25.06.2009) Ministry of Water Resources has constituted Vansadhara Water Dispute Tribunal (VWDT) vide Notification Dt.24.2.2010. The Tribunal has its Head-Quarters at New Delhi.

    8) The complaint of the Government of Orissa is now referred to a Tribunal constituted under Section 4 of the Act.
    Last edited by ca_news; 09-08-2011 at 02:46 PM.

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    Thumbs up Current Inter State River Water disputes and Tribunals - Mahadayi/Mandovi River.

    Inter-state Water Disputes


    Current Inter State River Water disputes and Tribunals

    Mahadayi/Mandovi River


    In July, 2002, the State of Goa made a request under Section 3 of the Inter-State River Water Disputes Act, 1956 (as amended) for constitution of the Tribunal under the said Act and refer the matter for adjudication and decision of dispute relating to Mandovi River. The issues mentioned in the request included the assessment of available utilisable water resources in the basin at various points and allocation of this water to the 3 basin States keeping in view priority of the use of water within basin as also to decide the machinery to implement the decision of the tribunal etc. The Act requires that Central Government shall constitutes a tribunal if it is of the opinion that water dispute cannot be settled by negotiation.

    Therefore, actions and efforts of Central Government in MoWR since July, 2002 were basically guided by the aforesaid provision of the Act. In continuation of this process, Hon’ble Union Minister for Water Resources convened an inter-State meeting on 4.4.2006 at the level of Chief Ministers of the States of Goa, Karnataka and Maharashtra. Subsequent actions of Government of Goa with regard to follow up action on decisions taken in the inter-State meeting gave impression that State of Goa is not ready to pursue the negotiation process further and wants constitution of tribunal and reference of the dispute to the Tribunal immediately. Accordingly, the Central Government in the MOWR concluded that the dispute contained in the request of State of Goa of July, 2002 cannot be resolved by negotiation and initiated further action in the matter as per the provisions of Inter-State River Water Disputes Act, 1956 and rules made there under.

    Meanwhile the Govt. of Goa filed a suit in the Hon’ble Supreme court in Sept, 06 for setting up of a water dispute tribunal for adjudication of the above river water dispute and an interlocutory Application (IA) for stay in construction activities. The Writ Petition with the application has been listed on a number of occasions before the Hon’ble Supreme Court. Meanwhile, the Cabinet considered in its meeting held on 10.12.2009 and approved the proposal of constitution of Mahadayi Tribunal.

    Cabinet Committee on Accommodation in its meeting dated 06.10.2010 approved proposal of locating Tribunal in New Delhi.

    Central government has constituted Mahadayi Water Disputes Tribunal (MWDT) vide notification dated 16th November, 2010.

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    Thumbs up Current Inter State River Water disputes and Tribunals - Krishna River Water Dispute Tribunal.

    Inter-state Water Disputes


    Current Inter State River Water disputes and Tribunals


    Krishna River Water Dispute Tribunal

    1. The Krishna Water Disputes Tribunal (KWDT) was constituted on 2nd April, 2004 for adjudication of the dispute relating to sharing of waters of Inter-State River Krishna and river valleys thereof. Shri Justice Brijesh Kumar, Judge of Supreme Court of India (now retired) is the Chairman of the Tribunal and Shri Justice S. P. Srivastava, Judge of the Allahabad High Court (now retired) and Shri Justice D.K. Seth, Judge of the Kolkata High Court (now retired) are Members of the Tribunal.

    2. The KWDT passed orders on June 9, 2006 on the Interim Relief Application filed by the party States of Maharashtra, Karnataka and Andhra Pradesh declining to give interim relief as sought in the application and at the same time indicating certain norm with a view to facilitate adjudication of the dispute before the Tribunal. Subsequently, State of Andhra Pradesh filed Interlocutory Application under Section 5(3) of the ISRWD Act, 1956 seeking further explanation/guidance on the Order of the Tribunal of June 9, 2006. The Tribunal in its hearing held in September and October, 2006 has framed 29 of issues for adjudication of the dispute before it. Further hearing of the Tribunals is continuing. The terms of tribunal has been extended up to 31st December, 2010 as per the provisions of ISRWD Act, 1956 and the tribunal is to give its decision & report by that time.
    Last edited by ca_news; 09-08-2011 at 02:59 PM.

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    Thumbs up Current Inter State River Water disputes and Tribunals - Cauvery Water Disputes.

    Inter-state Water Disputes

    Current Inter State River Water disputes and Tribunals

    Cauvery Water Disputes


    Progress in Adjudication of the Dispute before the CWDT

    The Cauvery Water Disputes Tribunal (CWDT) was constituted by the Government of India on 2nd June 1990 to adjudicate the water dispute regarding inter-state river Cauvery and the river valley thereof. The Tribunal had also passed an Interim Order in June, 1991 and further Clarificatory Orders on the Interim Order in April, 1992 and December, 1995. The Cauvery Water Disputes Tribunal has submitted its reports and decision under Section 5 (2) of Inter-State River Water Disputes Act, 1956 to Government on 5th February, 2007. The party states and the Central Govt. have sought clarification and guidelines under Section 5(3) of the Act. The terms of the tribunal has been extended upto 2.11.08 as per provisions of ISRWD Act, 1956. Further, the party states have also filled SLPs in the Hon’ble Supreme Court against Cauvery tribunals report and Hon’ble Supreme Court has granted leave. The matter was last heard by Hon’ble Supreme Court on 29.7.08 and the Hon’ble court passed the order that the matter maybe listed before a three Judge bench in Nov, 2008.

    Monitoring of the implementation of Interim order of CWDT

    Under the provisions of Section 6A of the ISWD Act, 1956, the Central Government has notified a Scheme called Cauvery Water (implementation of the Order of 1991 and all subsequent Related Orders of the Tribunal) Scheme, 1998, consisting of Cauvery River Authority (CRA) and Cauvery Monitoring Committee (CMC). The Cauvery River Authority consists of the Prime Minister as Chairperson and Chief Ministers of the basin States as members. The Monitoring Committee consists of Secretary, MOWR as Chairperson, Chief Secretaries and Chief Engineers of the basin States as Members and Chairman, Central Water Commission as Member. The Authority is required to give effect to the implementation of the Interim Order dated 25th June 1991 of the Tribunal and its related subsequent orders. So far CRA has held 6 meetings and CMC has held 25 meetings. 25th meeting of CMC was held on 24.08.2010.

    » Final order of Cauvery Water Disputes Tribunal
    » Report and Decision of Cauvery Water Disputes Tribunal

    VOLUME – I : Background of Dispute and framing of Issues
    VOLUME - II : Agreements of 1892 And 1924
    VOLUME – III : Availability of Water
    VOLUME – IV : Principles Of Apportionment & Assessment of Irrigated Areas In The States of Tamil Nadu And Karnataka
    VOLUME – V : Apportionment of The Waters of The Inter-State River Cauvery

    Plate - 1
    Plate - 2
    Plate - 3
    Plate - 4
    Plate - 4A
    Plate - 5
    Plate - 6
    Plate - 7
    Plate - 8
    Plate - 9

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