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Integrated Water Resources Management Assessment Report Wakal River Basin, Rajasthan, India

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Integrated Water Resources Management Assessment Report Wakal River Basin, Rajasthan, India Integrated Water Resources Management Assessment Report Wakal River Basin, Rajasthan, India Integrated Management of Coastal and Freshwater Systems Program Integrated Water Resources Management Assessment Report Wakal River Basin, Rajasthan, India Funding for the Integrated Water Resources Management Assessment Report for the Wakal River Basin, Rajasthan, India was provided by the people of the United States of America through the U.S. Agency for International Development (USAID), as a component of the Integrated Management of Coastal and Freshwater Systems Leader with Associates (LWA) Agreement No. EPP-A-00-04-00015-00. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Agency for International Development of the United States Government or Florida International University. Copyright © Global Water for Sustainability Program – Florida International University This publication may be reproduced in whole or in part and in any form for educational or non-profit purposes without special permission from the copyright holder, provided acknowledgement of the source is made. No use of the publication may be made for resale or for any commercial purposes whatsoever without the prior permission in writing from the Florida International University - Global Water for Sustainability Program. Any inquiries can be addressed to the same at the following address: Global Water for Sustainability Program Florida International University Biscayne Bay Campus 3000 NE 151 St. ACI-267 North Miami, FL 33181 USA Email: [email protected] Website: www.globalwaters.net For bibliographic purposes, this document should be cited as: GLOWS-FIU. 2008. Integrated Water Resources Management Assessment Report: Wakal River Basin, India – The Enabling Environment (Water Related Polices, Laws and Institutional Mechanism). 2008. Global Water Sustainability Program, Florida International University. 132p. ISBN: Cover Photograph: Agrarian monsoon landscape in the Wakal River Basin, Rajasthan, India. (John M. Steifel). About GLOWS The Global Water for Sustainability (GLOWS) program is a consortium financed by the United States Agency for International Development (USAID) working to increase social, economic, and environmental benefits to people through clean water, healthy aquatic ecosystems and sustainable water resources management. Launched in early 2005, GLOWS works on-the-ground to implement improved practices, build local capacity through multi-level training activities, and share lessons learned and advancements in the practice of Integrated Water Resources Management. Because water resources touch so many elements of human systems and ecosystems, management must be integrated across water use sectors, across scales of governance, across space in a river basin context, and across time. Many current water problems stem from the fragmented, single-issue and single-sector approaches that have characterized water resources management in the past. GLOWS works to integrate the environmental, technical, governmental, and management elements of IWRM. The basic goal is to manage the human and environmental elements of IWRM to ensure that abundant quantities of sufficiently clean freshwater are available in the correct place at the correct time. This requires a governance and management system that integrates science-based understanding of the natural controls on water abundance and quality with appropriate and effective human technologies and actions. Working at a basin, watershed or aquifer scale, the GLOWS partner organizations provide expertise across the policy, governance, institutional, educational, and technical dimensions of IWRM. Approaches combine advanced analytical techniques, innovative mechanisms for sustainable resource management and biodiversity conservation, community-based programs in poverty alleviation, improved sanitation and potable water supply, and global networking of local NGOs to achieve IWRM objectives. ii Table of Contents 1. IWRM ................................................................................................................. 1 1.1 Concepts: .......................................................................................................... 1 1.2 Basics of IWRM: Dublin principles .................................................................. 1 1.3 Why IWRM? ....................................................................................................... 2 1.3.1 IWRM as a tool for change .............................................................................. 2 1.4 The Key IWRM Change Areas .......................................................................... 3 1.4.1 The enabling environment ............................................................................... 3 1.4.2 Institutional roles ............................................................................................. 3 1.4.3 Management Instruments ................................................................................ 3 1.4.4 BOX 1: IWRM TOOL BOX............................................................................... 4 2 IWRM SURVEY IN WAKAL BASIN .................................................................... 5 2.1 Methodology ..................................................................................................... 5 2.2 Questionnaire and Responses ........................................................................ 5 2.3 Survey Results :- .............................................................................................. 9 2.3.1 Yes .................................................................................................................. 9 2.4 Do people suffer from Water Borne disease ? ............................................. 11 2.4.1 Yes 19% ....................................................................................................... 11 2.5 Are encroachments in rivers and lakes punishable ? ................................. 12 2.5.1 Yes 19% ....................................................................................................... 12 3 WATER IN INDIAN CONSTITUTION ................................................................ 15 3.1 Articles and Entries: ...................................................................................... 15 3.1.1 Article 246 ..................................................................................................... 15 3.1.2 Article 262 ..................................................................................................... 15 3.1.3 Entry 56 of List I of Seventh Schedule........................................................... 16 3.1.4 Entry 17 under List II of Seventh Schedule.................................................... 16 3.2 Constitution of India and Environmental Protection .................................... 17 4 POLICIES ......................................................................................................... 18 4.1 Setting goals for water use, protection and conservation ........................... 18 4.2 The National Water Policy, 2002: ................................................................... 18 4.3 State Water Policy of Rajasthan: ................................................................... 23 4.3.1 NATIONAL ENVIRONMENT POLICY, 2004 ................................................. 28 4.3.2 National Women Policy: ................................................................................ 31 4.3.3 National Forest Policy, 1988.......................................................................... 33 4.3.4 The National Tribal Policy: ............................................................................ 35 4.4 POLICIES- A CRITICAL REVIEW AND SUGGESTATIONS ............................ 37 4.4.1 Vision and Action Elements: .......................................................................... 37 4.4.2 Governance Elements: .................................................................................. 41 5 LEGISLATIVE FRAMEWORK: WATER POLICY TRANSLATED INTO LAWS 4 AND ACTS .................................................................................................................. 43 5.1 National Laws and Acts:- ............................................................................... 43 5.2 The Inter State Water Dispute Act 1956:- ...................................................... 43 5.3 The River Boards Act 1956:- .......................................................................... 43 5.4 Environment and Provisions of Indian Penal Code:- ................................... 43 5.4.1 Other offences under IPC relevant to Environmental Pollution: ............... 45 5.4.2 Environment and Provisions of the Code of Criminal Procedure, 1973: ........ 45 5.5 Environment (Protection) Act, 1986 .............................................................. 46 5.6 The Water (Prevention and Control of Pollution) Act, 1974 ......................... 46 5.7 The Forest (Conservation) Act, 1980 and rules 2003 ................................... 47 5.8 The Biological Diversity act, 2002 and rules 2004 ........................................ 47 5.9 The Scheduled Tribes (Recognition of Forest Rights) Bill, 2005:................ 48 6 STATE LAWS AND ACTS RELATING TO WATER .......................................... 50 6.1 RAJASTHAN IRRIGATION AND DRAINAGE ACT, 1954 AND RULES .......... 50 6.2 THE RAJASTHAN MINOR IRRIGATION WORKS ACT. 1953 AND RULES
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