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THE INTER-STATE WATER DISPUTES


Water being the most precious resource is required for domestic, irrigation and industrial purposes. River is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among those who have power over it. Most of the Indian rivers traverse more than one state. Each of the states of a river basin tries to obtain the maximum quantity of water. This has resulted in many water disputes in the country. In the Indian Constitution (1950), water is a state subject. Consequently, the state governments virtually exercise full control on planning, development, regulation, distribution and control of water flowing through their territories. Under Article 262 of the Indian Constitution, the Parliament is empowered to provide the adjudication or control of water on any interstate river. Most of the rivers of India travese several states. Under the Water Dispute Act, 1956 a tribunal of three sitting judges of the Supreme Court has to be constituted by the Central Government for the settlement of an interstate water dispute when a request is received from a state government. According to the Interstate Water Dispute Act, 1968, the Central Government has also been given the responsibility of regulation and development of interstate rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by the Parliament, by law, to be expedient in public interest. Some of the important interstate water disputes in India are as under:


1. The Kaveri water dispute between Karnataka, Kerala, and Tamil Nadu.


2. The Krishna water dispute between Maharashtra, Karnataka, and Andhra Pradesh.

3. The Tungbhadra water dispute between Andhra Pradesh and Karnataka.


4. The Godavari water dispute between Andhra Pradesh, Madhya Pradesh, Maharashtra, and Odisha.


5. The Narmada water dispute between Gujarat, Madhya Pradesh, Maharashtra, and Rajasthan.


6. The Ravi, Beas and Satluj water dispute between Punjab, Haryana, Rajasthan, Delhi, and Jammu and Kashmir.


7. The Yamuna River water dispute between Uttar Pradesh, Haryana, Himachal Pradesh, Punjab, Rajasthan, Madhya Pradesh, and Delhi.


Many of these water disputes have been settled on the basis of equitable apportionment which is the universally accepted principle. However, there are some interstate water disputes whose final solution, acceptable to all parties, has not yet been worked out. The Kaveri water dispute has been resolved by the Supreme Court in February, 2007, but the government and people of Karnataka are not satisfied with the decision of the court. The Ravi and Beas water dispute is still a bone of contention between Punjab and Haryana governments.


In developing countries like India, the interstate water dispute must be resolved quickly so that water resources could be utilised and harnessed properly for economic development. One of the measures could be to declare all the major rivers as national property, and national schemes under Central assistance should be launched for the development of total command area of the concerned states. Establishment of separate corporations on the pattern of the Damodar Valley Corporation may be immensely useful in this direction.