As water resource scenario is changing rapidly, water laws enacted in India decades ago for management of water resources need a review. This is provided here along with suggestions for improvement with respect to canal irrigation, flood management, inter-state issues, drinking water, decentralization and environmental aspects. A brief analysis of constitutional provisions related to water resources is provided at the outset. Legal aspects related to Participatory Irrigation Management (PIM) and groundwater are discussed in Chapters 10 and 19, respectively.

Introduction

The changing water resource scenario explained in earlier chapters is posing new challenges. Several aspects are involved, of which the legal ones are quite crucial since they provide the basic framework for governance. Many of the recent controversies surrounding the management and development of water resources in India veer around legal issues. Questions related to water rights, delegation of authority, hitherto followed command and control system, interstate water disputes, role of associations, legal control over groundwater, etc. are being raised more frequently. Some of the crucial laws framed decades ago have become either redundant or less useful for dealing with the present-day water resource scenario. A critical look, therefore, is necessary to chart out future course of action. Since laws work within the overall framework of the Constitution, an analysis of the Constitutional provisions with respect to water resources is also necessary.

Allocation of powers and responsibilities related to water among the Centre, the states and down below

In the Indian Constitution, water is a matter included in Entry 17 of List II, i.e. the State List. This entry is subject to the provision of Entry 56 of List I, i.e. the Union List. Both the entries are reproduced below for ready reference:

When we talk about the water scenario in India, the first two questions that arise are how comfortable we are with respect to the availability of water resources and what prospects there are for the future. Another question is whether our water resources are properly managed so that they remain available for us in requisite quantity and quality as well as for future generations. A few key issues are highlighted briefly in this chapter. Details are available in respective chapters.

Emerging regime of water stress and scarcity

The analysis of figures on the availability and requirement of water in India made in Chapter 4 gives a clear indication of the increasing scarcity of water to be faced by this country in future. It is true that the overall availability of 1,123 km³ of utilizable water as against the estimated requirement of 813 km³ during 2010 seems to indicate a comfortable picture as of now. However, the position would be less comfortable in future. By 2025, the requirement at 1,093 km³ would be more or less close to the utilizable water of 1,123 km³. By 2050, water requirement is estimated to increase to 1,447 km³, i.e. more than the availability of 1,123 km³. The position may turn out to be even more uncomfortable if the availability of surface water becomes less than 690 km³ due to reasons mentioned in Chapter 4. On the contrary, there is a vociferous demand to raise the requirement for sustaining the riverine ecosystem, thereby making it even scarcer.

Analysis in per capita terms reveals a similar picture. Because of rising population, the per capita availability of water has declined from 5,200 m3 in 1951 to 1,588 m3 in 2010, which has already come below the water-stressed condition indicated by per capita availability of less than 1,700 m3 of water. Per capita availability is higher than 1,700 m3 in only 4 basins (Ganga–Brahmaputra, Baitarni, Mahanadi and Narmada) out of the 15 major river basins in India (see Table 4.3, Chapter 4). An international comparison also indicates a comparatively weak position for India. Even China, which is more populous than India, has a much higher per capita availability of water (Data in Chapter 4).

This is a book about water, the elixir of life and the basis of all civilizations. It concentrates on water, whose increasing scarcity underscores the need for its more efficient management. At the same time, the pressing concerns of equity and environmental sustainability have the effect of rendering governance and policy making in the water sector much more complex. This suggests the need for a holistic approach to grapple with the complexity and indicate feasible solutions through appropriate policy and governance. This book is an outcome of this concern. Being focused on policy and governance, it attempts to look at the emerging issues in a comprehensive manner. The perspective for the book is mainly social, economic and institutional and not technological.

The book focuses on water resources of India. This is a country with one of the longest and richest experiences of management of water resources. India has also created surface and ground water irrigation potential of nearly 100 million hectares, which has made it a country with the largest irrigated area among all the countries of the world. It supports 17 per cent of the world's population with only 4 per cent of the world's renewable water resources and 2.6 per cent of the world's land area. Its per kilometre density of population at 325 is 6.5 times that of the world. India also faces the problem of poverty. Its removal along with provision of food and water security for the ever-increasing population is much dependent on the manner in which water resources are developed, distributed and managed. While India remains the focal point of the book, the issues discussed and their implications are relevant to a larger part of the world, specially the developing world.

The ideas and approaches presented in the book have evolved over a long period of time beginning from the late seventies of the last century when I was working as Member (Economics), Rashtriya Barh Ayog (National Commission on Flood), Government of India. Since then, I had the privilege to be associated with several other bodies dealing with water resources. I also got an opportunity to undertake about two dozen research studies covering almost all aspects of water resources in most of the major states.

Several problems in the water sector in India owe their origin to the lack of suitable policy on pricing of water. Aspects related to water pricing in surface and groundwater irrigation are, therefore, examined in this chapter. Surface irrigation, however, receives wider coverage since pricing with respect to canal or surface irrigation (which is also the major user of surface water) has been tried for a much longer period in India than that of groundwater irrigation. Issues related to pricing of domestic water supply are discussed in Chapter 7. In case of flood control projects, pricing has not been tried in India. After highlighting the importance of water pricing, the chapter indicates trends in financial return from surface irrigation projects followed by a discussion on subsidies in the irrigation sector and the need for reducing them by increasing water rates. Various issues involved in this are examined in detail. The chapter ends with a discussion on pricing of groundwater in India.

Role of water pricing

Pricing of water or fixation of water rates has a great potential in the management of both surface as well as groundwater resources. Pricing is linked to financing as it is a means for cost recovery and reducing subsidy, thereby making financial resources available for the development, operation and maintenance (O&M) of water resource projects. This indeed is the most visible role of pricing with which administrators and policy makers are familiar. The prospects for attracting private or other non-governmental finance to this sector are also linked to this aspect. Pricing has other functions also. It has an incentive role as it can be used as an instrument for water use efficiency and conservation. A prohibitively high rate for water guzzling crops, such as summer paddy, can help in reducing excessive use of water during the summer season, when water becomes scarce. Water pricing has an environmental role also, since pricing can be used as a means of safeguarding environment, as for example, for restricting over-exploitation of surface water or groundwater. Water has an intrinsic value, which can be assessed through its scarcity value or ecological cost of water withdrawal. This implies different rates for different areas depending upon the degree of scarcity in each area.

Environmental aspects are becoming important in the management and development of water resources in the world, including India. These aspects are examined in this chapter. After providing a glimpse of the growing environmental awareness, the chapter examines policy measures comprising environmental clearance process, safeguards and monitoring taken in recent years in this connection. This is followed by a few examples of the supportive role of court judgements. The chapter ends with a fairly detailed and exhaustive discussion on the adequacy of the measures adopted so far, drawing attention to the limitations of data and methodology, the institutional inadequacies and the problem of non-compliance. The chapter also provides suggestions for improvement.

Growing environmental awareness in India

There has been a new and growing awareness in India with respect to environment, sustainability and human aspects. Not long ago, it was generally believed that nature's bounty is inexhaustible to be enjoyed endlessly. Sustainability issues, therefore, raised little concern. Effluents were routinely discharged into rivers or lakes with hardly a thought about their future. Environmental degradation had been taking place for decades. But, these environmental issues were given peripheral treatment. Easy solutions were found at the cost of the environment. Limited magnitude of the problems within tolerable limits and the consequent lack of awareness were partly responsible for this attitude. Even the Second Irrigation Commission's report (1972) was mainly concerned with matters relating to technical and administrative aspects, with hardly a word about social and environmental issues. Planners of yesteryears obviously could not foresee the emerging adverse environmental impacts of programmes of development initiated by them from 1951 when the First Five Year Plan (FYP) was launched. This was, of course, a worldwide phenomenon.

Environmental issues, however, started receiving increasing attention from the 1970s. The United Nations Conference on the Human Environment held in Stockholm in 1972 gave a great push to this awareness. It emphasized the need for preserving and safeguarding natural resources which was a change from the traditional approach of their exploitation. The subsequent FYPs and government reports in India started giving increasing recognition to the need for sustainable development and protection of environment.

Planning is a useful tool for optimization. This chapter, therefore, makes a critical review of issues related to the formulation of large water resource projects involving guidelines, investigation and data. After providing the background information, it makes a critical review of the approved guidelines in light of the requirements of a good planning process, more particularly with regard to water-related data and gives suggestions for improvement. Planning touches on several aspects of water resources, which have been discussed in different chapters. Hence, some duplication is unavoidable, though this has been minimized by giving cross-references.

Introduction

Planning is an essential requirement for large water resource projects, which need data and information from varied sources. Besides, their execution is spread over a number of years; their effects also take a long time to manifest; they entail huge costs in terms of money and physical resources and have considerable environmental impacts. Decisions regarding these issues are often irreversible. Further, a large water resource project, though located at one place, has considerable effect elsewhere within the basin as a whole, giving rise to inter-state and international issues. Judicious planning is specially needed because the supply of water is limited and is becoming scarcer. Long-range planning also ensures that what is done at present does not create problems in future.

Water planning is needed not only at the macro-level but also at the microlevel like a village, a city or a factory. A village water security plan should be an integral part of village or rural development plan. Every village should have complete information of its water resources like rivers, ponds, wells and groundwater level. It should also have a drainage map. Information on changes in water scenario specific to the village should be provided to the village community so that it can take appropriate measures on time. And yet, such aspects have not received the attention in India that they deserve.

The planning procedures for large water resource projects prescribed by the authorities try to deal with several components of good planning such as (i) basin approach, (ii) baseline survey, (iii) cost benefit analysis (CBA), (iv) reliable database, (v) realistic assessment of water availability and demand, (vi) option assessment, (vii) environmental analysis, (viii) impact assessment, (ix) multidisciplinary teams and (x) evaluation of completed projects.

This chapter is concerned with flood-related issues, which are an important aspect of water resources in India. The chapter throws light on flood-prone areas and their characteristics. It analyses nature, causes, incidence and effects of floods in India, makes a critical review of flood management measures advocated and adopted in the country and develops a strategy for the areas which would continue to remain flood-prone in future also. The chapter utilizes information emanating mostly from the Central Water Commission (CWC), which, in turn, collects it from the states. This is supplemented by primary data collected by the author during a study on Community Approach to Flood Management in India, conducted by him in flood-prone areas of Assam, Bihar and West Bengal, the three most severe flood-prone states of India. This study was sponsored by the World Meteorological Organization (WMO), Geneva (Switzerland).

Flood-prone areas

Flood-prone areas constitute a significant land mass in India. These had been estimated to be 40 mha by the Rashtriya Barh Ayog (RBA) in 1980. Based on additional information available since then, these are currently estimated to be 49.815 mha). This is about 27 per cent of the total cultivable land. The percentage is still higher in terms of population inhabiting such areas because of the higher density as indicated by the subsequently given figures. Notwithstanding the media reports for a few days in a year on upheavals and losses due to severe floods in specific locations, these areas fail to get adequate national attention, including that in the professional and academic circles also. It is presumably because of the limited duration during which floods occur as well as their concentration in one part (i.e. eastern) of the country. Little attention has been drawn to the fact that flood-prone areas come under the category of the poverty‑stricken areas in India and that occurrence of floods is a major reason for persistence of their chronic poverty. Further, it is the poor who are more affected by floods, since they have traditionally been forced to inhabit low-lying areas, which suffer the most due to floods. In addition, their houses are made of mud, which tends to collapse when floods hit them.

This chapter provides a brief review of irrigation which has been the most important component for the development of water resources in India, accounting for a bulk of public outlay on this sector in the country. After examining the institutional framework for the management and development of irrigation, the chapter throws light on the growth of surface irrigation with a focus on two important programmes of command area development and accelerated irrigation benefits. This is followed by an analysis of the growth of groundwater irrigation and its impact. The last section provides a comparative analysis of strengths and weaknesses of major, medium and minor irrigation projects along with their policy implications.

Institutional framework for the management of irrigation

During the early part of the British regime in India, irrigation development was under the control of the Central Government. It became a provincial subject under the Government of India Act, 1919. The responsibility of the Government of India was restricted to advice, coordination and settlement of disputes on the water of inter-provincial rivers. The same system continued under the Government of India Act, 1935, as well as under the new Constitution adopted after Independence.

The beginning of the Government of India's administrative structure for water resources may be traced back to the year 1854–55, when a newly created Department of Public Works was established with irrigation (mostly canals) coming under its purview. In due course, an Inspector General of Canal Irrigation was appointed to oversee irrigation-related matters. He, however, functioned under the administrative control of the Secretary, Public Works Department. From 1923 to 1952, irrigation used to be placed under different departments at the Centre. It was only in August 1952 that a separate Ministry of Irrigation and Power was set up to look after the subject of irrigation as well as power. This continued till early seventies when a separate Ministry of Irrigation was set up. For a brief time during the mid-seventies, the Department of Irrigation formed part of the re-constituted Ministry of Agriculture and Irrigation. Thereafter, the department of irrigation formed part of different ministries till September 1985, when it was renamed as the Ministry of Water Resources. This nomenclature and status as a separate ministry has continued since then.

Among the fallouts of major river valley projects is the uprooting of settlements and involuntary displacement of families. This has been the main factor behind dams and irrigation projects losing their once shining image. This chapter provides an overview of the government laws and policies pursued so far in this respect, examines their shortcomings, explains the attempts made in 2004 and 2007 to improve the same, provides a critical review of the legal changes made in 2013 and gives suggestions for improvement.

Resettlement and rehabilitation (R&R) laws and policies till 2003

Acquisition of land and other private properties by the government for public purpose, which includes development of water resource projects, has been taking place for decades. But, there was no national law or even a policy on relief and rehabilitation of the project-affected persons (PAPs). Land and any other property were acquired under the provisions of the Land Acquisition Act, passed as early as in 1894 under the British regime. This law provided for the payment of mere compensation to the land owners at circle rate along with a solarium of 30 per cent to ameliorate the pain associated with forcible acquisition. No thought was spared for their future welfare. A landless got next to nothing. The low level of compensation led to references to courts in almost all cases. Besides, there was no mention of any R&R package in this Act. The absence of a national law or even a national policy on R&R became a subject of much criticism during the decades of the 1980s and 1990s, when R&R issues came to be highlighted in several water resource projects. It was only in February 2004 that the first national policy on this was announced.

This will be examined later on. R&R packages, however, have been available in several states and are explained below. The Bhakra–Nangal project is one of the earliest large water resource projects of independent India. The policy, in this case, was to provide land for land as far as possible. Liberal compensation was paid for land, houses, trees and other property under submergence. In addition, PAPs were provided free fishing licenses in the reservoir for 3 years and employment on the construction of the project.

Life is not possible without water. Drinking water, therefore, is the most important use of water. It occupies a pivotal place in all the three versions, the National Water Policy as well as State level Water Polices in India. A book on water resources should not be regarded as complete without a discussion on issues related to drinking water. The aspects dealing with adequacy, pricing and quality of drinking water are discussed in this chapter, while the legal aspects are discussed separately in Chapter 20 and the aspects related to wastage of piped drinking water in urban areas have been analysed in Chapter 2. Issues related to private sector financing of drinking water schemes are analysed in Chapter 15.

Adequacy of drinking water

Everybody must have adequate quantity of water for survival. Adequacy, as per the norms for rural and urban areas, as mentioned in the Tenth Five Year Plan (FYP) is defined below.

• (i) Norms for rural areas

• • 40 L per capita per day (lpcd) or one hand pump for 250 persons within a walking distance of 1.6 km or at an elevation difference of 100 m in hills.

• • 30 lpcd additional for cattle in Desert Development Programme (DDP) areas.

• (ii) Norms for urban areas

• • 40 lpcd where only spot sources are available.

• • 70 lpcd where piped water supply is available but there is no sewerage system.

• • 125 lpcd where both piped water supply and sewerage system are available.

• • 150 lpcd for metro cities.

• • Additional water for other demands like industrial, commercial, institutional, fire fighting, gardening, etc.

The state governments are mainly responsible for taking care of supply of drinking water. They have been implementing rural water supply schemes under the state sector Minimum Needs Programme (MNP). The Government of India has also been taking supplementary measures in both rural and urban areas. In 1972–73, the Government of India launched a scheme for providing water supply to problem villages in rural areas. This was known as Accelerated Rural Water Supply Programme (ARWSP) with 100 per cent grants-in-aid. The implementing agencies for ARWSP are decided by the concerned state governments.

Interstate water disputes have been a prominent feature of the water resource scenario in India. These disputes or conflicts pertain mainly to sharing of water in rivers which are common to more than one state. The present chapter examines the dimensions, causes and effects of the disputes, institutional measures taken so far for their resolution and suggestions offered to deal with them in future. Laws related to interstate water disputes are, however, analysed in Chapter 20.

Introduction

Conflicts among states with respect to utilization of water of rivers flowing across their boundaries have become quite frequent. These conflicts, sometimes, acquire political overtones, which tend to generate an emotionally surcharged atmosphere as has been noticed in recent years, especially in Karnataka and Tamil Nadu with respect to the Cauvery river and in Punjab and Haryana with respect to the Sutlej Link canal. Such situations receive media attention to such an extent that one gets an impression as if management of water resources in India is concerned essentially with management of conflicts between states over water of common rivers.

Several disputes have been resolved by negotiations and agreements among the concerned states, with or without the central government's intervention. Some have been resolved through the mechanism of tribunals set up for the purpose. But, there are disputes which could not be resolved through either of these as for example the Cauvery river water dispute between Karnataka and Tamil Nadu, the Sutlej Links canal dispute between Punjab and Haryana, disputes regarding the Indrāvati Project between Odisha and Chhattisgarh, the Ujjain Project between Maharashtra and Karnataka, and the Almatti Dam between Karnataka and Andhra Pradesh, the dispute between Delhi and Haryana with regard to Yamuna, between Tamil Nadu and Kerala with regard to Mullaiperiyar dam of Param-bikulam-Aliyar (PAP) project. Besides, there are several minor disputes like those between (i) Bihar and Uttar Pradesh regarding timely release of water for irrigation in Sone canal system through Inderpuri Barrage, (ii) Andhra Pradesh and Chhattisgarh regarding the height of dams of Polavaram and Inchcupalli projects, (iii) Punjab and Haryana with respect to Yamuna waters, (iv) Maharashtra and Andhra Pradesh on construction of Babhali Barrage on Godavari by Maharashtra, (v) Andhra Pradesh and Karnataka on construction of Paragodu Project on Pennar river by Karnataka, (vi) Andhra Pradesh and Odisha relating to Vamsadhara river project.

The need for reforms in the water sector in India has been pointed out from time to time. A number of suggestions have been made by several agencies including the government appointed commissions or committees. There are several key aspects like adoption of a basin approach, better planning, more reliable database, multidisciplinary organization, etc. to which attention has been drawn for a long time. However, little significant action has been taken. Issues related to slackness in implementation of reforms are briefly highlighted in this chapter. A fuller discussion is provided in the respective chapters.

Unchanging governance

Governance is a critical issue that must be addressed to take care of wastage, inefficiency and other problems discussed in the previous chapter. But, governance structure for managing water is proving inadequate to meet the new challenges. The management system continues to be one of command and control which was developed more than a hundred years ago, when the water was abundant as compared to its needs and the tasks were predominantly engineering in nature, focussing on construction. Now, water is becoming scarce, while the tasks related to operation, maintenance and management of water resource projects are becoming equally or even more important. Further challenges come from the increasing role of environmental factors. Moreover, apart from government and private individuals, community is also emerging as another entity clamouring for a role in management of water. But, there has been no change in the style of management, which gives scant attention to key aspects such as participation, incentives, accountability and transparency. Water laws, which provide the basis of governance, have not changed much over several decades despite the changes in the water resource scenario and the socio-political system.

The Constitution of India was amended in 1992 to delegate powers to Panchayats and Municipalities below the State level. Additional schedules dealing with subjects to be handled at these levels were added at this point of time. In the eleventh schedule dealing with Panchayats, the subjects ‘minor irrigation, water management and watershed development’, ‘drinking water’ and ‘maintenance of community assets’ were listed. In the twelfth schedule dealing with municipalities, the subject ‘water supply for domestic, industrial and commercial purposes’ was listed.

This chapter makes a comprehensive analysis of groundwater governance, one of the most important issues facing the water sector in India at present. It analyses the institutional measures taken to deal with the challenge, explains the reasons why these were not effective and suggests an alternative framework.

Phenomenal expansion of groundwater and the challenge of governance

As pointed out in Chapter 5, groundwater has emerged as the most important source for irrigation as well as for other uses of water, including domestic and industrial. It has been a major factor in raising agricultural production and productivity and sustaining subsistence farming for millions of small and marginal farmers. It has played an important role in helping food security and poverty alleviation.

The stage of groundwater development increased from 37.2 per cent in 1998 to 61 per cent in 2009. This has resulted in over-exploitation of this resource in several areas. It is a matter of special concern that over-exploitation has become an acute problem in a number of agriculturally important states, e.g. Punjab, Haryana, Gujarat, Maharashtra, Rajasthan, Uttar Pradesh and Tamil Nadu, with adverse implications for agricultural production and food security. Besides, there are adverse impacts on water quality, health, livelihood and environment. Groundwater flow to rivers also tends to decrease, resulting in reduced supply for canal irrigation and drinking water. Other adverse effects include increase in cost of pumping, decrease in yield, expenditure on replacement or upgradation of pumps, non-functioning of hand pumps, etc. The situation of over-exploitation is not only unsustainable but also iniquitous. It favours better‑off farmers who are already enjoying greater benefits from groundwater as against small and marginal farmers who derive less benefits due to increase in costs of extraction and consequent reduction in accessibility to the resource.

How to check the fast depleting groundwater reserves has, therefore, become a major challenge in India at present. Supply-side measures such as recharge through rain water harvesting may reduce the problem to some extent but cannot solve it altogether because of the limited potential. Hence, the paramount need is to moderate demand in water-stressed areas so as to bring about equilibrium between demand and supply.

The chapter provides a critical review of participatory irrigation management (PIM) in canal irrigation, which is regarded as an internationally acclaimed institutional set up for a more efficient irrigation system. It also examines the case for PIM, provides background information of its introduction in India along with the support measures offered by the government, explains the salient features of the laws enacted for this purpose, draws attention to its slow progress along with reasons for the same, throws light on some key aspects of PIM experience in India, including socio-economic impact, highlights conditions for its success and indicates some macro-implications.

Case of PIM

The vast canal network in India has traditionally been administered by the State Irrigation Departments, which directly deal with individual farmers. This puts tremendous pressure on the Departments in preparing the water distribution schedule for individual farmers. Faced with unpredictable water flows, supplies tend to be made arbitrarily or in a haphazard manner. Because of this, objectives of optimum utilization of the created irrigation potential, equitable distribution of water at the farm level and maximum increase in farm productivity are not achieved on a sustainable basis. There is neither any practical effort on the part of farmers to maintain field channels constructed by the government, nor the sense of economic use of water generated among them. Moreover, larger benefits are often derived by those having privileged position in the community or having their land located in an outlet command or in head reaches of a canal system at the cost of socially or economically weaker sections and tail-enders.

Hence, policy makers and thinkers started realizing that the complex tasks involved in water management could not be performed efficiently by a centralized bureaucracy and that it would be better to transfer much of the power and responsibilities to the actual users of water. It was hoped that farmers’ involvement would reduce water distribution cost and ensure proper maintenance of irrigation system at the micro-level. The understanding that they own the system would motivate farmers towards better use of water. They would pay irrigation charges at the main outlet level on volumetric basis which would be less than crop-wise irrigation charges on acreage basis.