Past and Current Management of Water - Sharad Mande
1. Root causes
In response to good initiation timely made on our Chat Table, it is most necessary to focus the discussions on the root causes in the context of current Provisions and Amendments as of date.
We have had many Inter-State River Disputes and down the line, local issues related to Water which created friction/turmoil / disorders / demonstrations and physical fights, etc. These constitutional provisions with striking lacunas in implementation result in pending issues for years for want of justice in the legal court of laws/dispute resolution commissions/tribunals etc. In most of the cases, every state/basin pleaded the cases, in a manner that to be a winner of the game, without considering national interests - India as one Nation - by accepting a satisfactory win-win solution. This state of affairs is occurred due to the following gaps -
a) Forgotten to consider that the total water wealth of the whole country is “India's Water Wealth".
b) Our missing approach i.e. “Water as a whole" - we consider water as a Physical & Hydrological quantity aspects only in an applied manner, but missed to understand that fundamental virtue of social & Economic value - which are the basics for Human Development.
c) Continued the Administrative Framework in the case with water management, for the last 70 years after independence with the same mindset framed and delivered by the Britishers.
d) Constitutional Provisions - Very nicely made resolutions and acts thereon but when under the constitution it comes for application on the ground in the reality - the heart core is lost and miserable results are to be shouldered.
e) 1.3 Billion Population, 3000 km seashore, all biodiversity & mining, etc but intellectual power is more resorted as Individualistic Approach but never as a community, district, state or basin.
2. India’s Water Wealth
In the end of the 19th century and beginning of the 20th century, if we consider as one hydrometric country then, it covers Afghanistan, Pakistan, India, Nepal, Bhutan & Brahmadesh that means the area which contributes water flowing through the rivers either by precipitation or snow melting, entering into today's India. Therefore coordination in water management is an essential factor from these adjacent nations - with reasonable co-operation or otherwise, we have to face disputes. There is a good example of “Sindhu treaties" executed so successfully in the 6th decade, that there are three ultimatum wars fought between India & Pakistan but nobody has dared to touch the Sindhu treaty in operation.
India, before Independence, in 1945 Dr. B. R. Ambedkar, was the Member of Viceroy's Executive Council during 1942-1946 when he established 'The Central Water Ways, Irrigation & Navigation Commission (today's Central Water Commission) and the ‘Central Technical Power Board', he prepared the first Water Policy for India and set up "Damodar Valley Corporation" on the lines of Tenancy Valley Corporation of USA. Similarly, he was the cause for establishing “Interstate Water Dispute Act 1956” and “River Board Act 1956”. We were rolling under Britishers. The Viceroy was in favor of appointing British Expert for Damodar Valley Corporation, but Dr. B. R. Ambedkar pleaded that the UK’s rivers are too short & shallow, in comparison with that of USA, where they are much longer & deeper, therefore expertise from USA, would be much useful. This exhibits the necessity of a correct policy approach. Then after Independence, much contribution was from Dr. K. L. Rao, expert Engineer & Minister, who compiled & completed a framework titled “India's Water Wealth".
Now it is to be kept in mind that the allocation of water flowing in the rivers, in India is fed from the sources originating from Kashmir, Nepal, Bhutan, Brahmdesh etc. Therefore release is dependent of the flow allowed from these countries, hence its requirement, adequacy, flooding, etc. factors to be handled in this perspective.
It is expected that India's population would go to 1.7 Billion in 2050 and water requirement for all causes at that period is estimated to 1450 km3, while availability from all causes maybe 1125 - 1150 km3. Thus 300 km3 gap is to be bridged. Is it impossible for a nation like ours? It May be a little difficult, but can be successfully handled if implemented by at least 20% improving water use efficiency in Irrigation, controlling NRW (Non-Revenue Water) in domestic water consumption by 30%, Reuse, Recycle of Upcycle used water & other measures.
Govt of India, in obedience to Supreme Court directives, formulated Task Force Under Chairmanship of Prime Minister Hon. Atal Bihari Вајреyi, Convener Dr. Suresh Prabhu, Secretary Dr. C. D. Thatte & other experts and got prepared Project on "Interlinking River Basins” estimated @ Rs. 5,60,000 crores. During the last two decades, only 2 - 3 links got started. During a similar period, China undertook work for two links North-South & South-North and completed the work expeditiously and bringing 47 Billion M3 water before Beijing 2007 Olympics. Similarly, in 1950 at the time of our Independence, there were 5,000 Large Dams in the World as per ICOLD Report. Now there are more than 50,000 Dams but surprisingly the status is that nearly half of these dams have been constructed by China only.
3. Water as a Whole
In India, water is handled as physical & hydrological quantity i.e. the Dept. considers liter per capita, MLD, cusecs, MCFT / TMC / Dam Storage Capacity, canal losses in liters, crop Duty & Delta, etc. That means, we measure physically & calculate mathematically. All the statistics are relating to demands, requirements as a hydrological base. Actually “water is as principal element for human survival, development. The social & economic values are fully neglected.. The parameter we follow is as a consequence & application. Therefore, we do not manage water according to these needs but for parameters of Benefit-Cost Ratio, per liter or per MCFT cost.
There is an urgent need to change the total mind and assess justice as “Water as a whole”.
4. Administrative Framework
India was never a united country before the 19th century. When East India Co. in British Rule, an administrative framework was set up in India, so as to govern successfully such a vast country by a tiny nation like UK for more than 150 years. Therefore whatever Britishers have done in India for handling mostly Irrigation & Water-related projects, was important for the administrative control they wanted to exercise. “The subject water” therefore was dealt with through administrative control and not from water Engineers. Today, after 70 years of Independence same system is followed instead of the Chief Engineer of a River Basin under whom Superintending Engineer & Executive Engineer of Sub Basin, etc. Today the controlling and Governing officers are Secretary in Mantralaya, Commissioner of Revenue Division, Collector of District & Tahsildar of Taluka. Therefore, still, the same mindset is adopted. The Management should be applied on the River Basin as a whole and controlled by Engineers.
Part II - Constitutional Frame in Vogue
1. Constitutional Provisions -* Our Constitution is one of the best in the World for Parliamentary Democracy. England has customs & a hierarchical constitution. In the USA, the constitution is for 50 states where Parliamentary democracy is led by the President. That means in the USA the constitution is applicable to each State separately as if the USA is a bundle wrapped up of 50 sticks, while India is a whole tree having 30-35 states as its branches.
Therefore fundamentally, in India, Water Managements is controlling under one umbrella.
The brief from the relevant Indian Constitution and other Policy Acts
Water in Indian Constitution
India is a Union of States. The constitutional provisions in respect of allocation of responsibilities between the State and Centre fall into three categories: The Union List (List-I), the State List (List-II), and the Concurrent List (List-III). Article 246 of the Constitution deals with the subject matter of laws to be made by the Parliament and by the Legislature of the States. As most of the rivers in the country are inter-State, the regulation and development of waters of these rivers is a source of Inter-State differences and disputes. In the Constitution, Water is a matter included in Entry 17 of List-II i.e. State List. This entry is subject to the provision of Entry 56 of List-I i.e. Union List.
Article 262
In case of disputes relating to waters, Article 262 provides:
Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
Entry 56 of List I of Seventh Schedule
Provides that "Regulation and development of Inter-State rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest".
Entry 17 under List II of Seventh Schedule
Provides that "Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I". As such, the Central Government is conferred with powers to regulate and develop Inter-State rivers under Entry 56 of List I of Seventh Schedule to the extent declared by the Parliament by law to be expedient in the public interest. It also has the power to make laws for the adjudication of any dispute relating to waters of Inter-State River or River Valley under Article 262 of the Constitution.
In the USA at the top of the facade of the Supreme Court, it is engraved boldly that “Equal Justice Under Law” and further it is learned that inside, it is written, “in this court justice is given, either you may win or the Govt., but by giving proper justice Govt. always wins”. This is the very core heart of justice. In India, we have framed Constitution in the style of Brittan, but following in practice on USA style. Moreover, nowadays, it has become practice to proceed to court immediately without waiting for in-depth application of consensus between both parties. Courts are places for cases legal that need solutions where there is ambiguity and doubtful interpretation, but not for engineering, health or religious matters where issues are very clear. Therefore it is essential to avoid entering into the court of law every now and then, instead of which, there must be engineer oriented highest constitutional basin wise central apex mechanism to resolve the matters within a short period in the total larger interest of the nation without quarrelling for years together on paperwork calculations.
2. Individualistic Approach
As mentioned in the foregoing paras, India is one nation like a tree and states are its branches of trunk size or smaller one & coincidently water is abundant in the country. In most cases, we suffer not due to lack of availability of water but mainly due to mismanagement. Therefore when it comes up to disputes, there are fought on village, town, state levels i.e. on an individualistic level mostly by the politicians and not resolved considering the merit and importantly larger benefits of the nation. Gandhi, our Father of Nation advocated throughout his life to discuss, deliberate, plead the case but to see that which getting the justice, the other party should be satisfied conveniently and one should make fully convince the other party. It is the need of time to follow Gandhian principles freshly while internal disputes arise.
3. Overseas Models
For good Water Management, we can learn lessons from Israel, (where annual precipitation is about 18% of India but become self-reliant.) on the following key titles (Collected from " Let There be water" Israel story)
The following elements in the Philosophy of Water as practiced in Israel need to be understood.
1. The Water Belongs to the Nation
2. Cheap Water is Expensive
3. Use Water to Unify the Country
4. Regulators, Not Politicians
5. Create a Water Respecting Culture
6. All of the Above
7. Use Water Fees for Water
8. Innovation Wanted
9. Measure and Monitor
10. Plan Today for Long into the Future
11. Advocates Needed
12. The Time to Act Is Now
Singapore has adopted ‘ABC’ module “Aesthetics, Beautification & Clean" and there are many small nations in Europe, who have solved their water supply problems. We have to learn from their experience but need not to copy similar modules for such as vast country. In those nations, 80-90% food grains, vegetables, mills, oil, etc. are appreciation products and therefore, imported externally from country like us.
Therefore the world can not survive dealing with water factories & similar schemes. There must be some nations which are grown up and supply food needs of the whole world.
