TERI Policy Brief DISCUSSION PAPER October 2014

The Energy and Resources Institute Perspectives on a Water Resource Policy for India

IntroductionIntroduction India sustains nearly 17 per cent of the world’s population but is endowed with just four per cent of global water resources. About 50 per cent of annual precipitation is received in just about 15 days in a year, which is not being brought to productive CONTENTS use due to limited storage capacity of 36 per cent of utilizable resources (252 BCM out of 690 BCM). Leakage and inefficiencies 1. Introduction 1 in the water supply system waste nearly 50 per cent of usable

2. Legal and Policy Framework for 3 water. The ground water level is declining at the rate of 10 cm Water in India: An Overview 3. The National Water Policy 4 per year. Over 70 per cent of surface water and ground water of India resources are contaminated. All this is leading towards a water 4. Issues and Concerns regarding 5 scarce situation in many parts of the country. Water Resource Management in India India has undertaken considerable investments for 5. Essentials for Sustainable 6 infrastructure development of large dams, storage structures, Water Management and canal networks to meet the country’s water and agricultural 6. Critical Action Points 8 needs, particularly in support of technology-based interventions 7. State Water Policies 14 to improve production of food grains, pulses, oilseeds, and 8. Conclusion 15 vegetables. This is evident from the huge increase in budgetary 9. References 15 allocation from the 11th Five-Year Plan compared to the 12th Five-Year Plan in irrigation including Watershed Development Authors (from Rs 243,497 crore to Rs 504,371 crore) and Drinking S Vijay Kumar Distinguished Fellow, TERI Water and Sanitation sector (from Rs 120,774 crore to Girija K Bharat Rs 254,952 crore). This step has helped in achieving food and Area Convenor, WRPM, TERI water security to a large extent, but in many areas of less plentiful The Energy and Resources Institute surface water, the increasing use of water in agriculture and a Darbari Seth Block, IHC Complex, growing population has led to higher and potentially unsustainable Lodhi Road, New Delhi-110 003 Tel. 2468 2100 or 4150 4900 extraction of ground water for irrigation and domestic needs. Fax. 2468 2144 or 2468 2145 India +91 Delhi (0) 11 www.teriin.org Discussion Paper

The estimated ‘Water Gap’ for India by the ‘2030 Water Resource Group’1 (Figure 1) is an alarming 50 per cent. The water supply and demand gap in India in various river basins is Indus Brahmaputra depicted in Figure 2 as percentage of demand in the year 2030. India is now in a situation where Ganga Sabarmati some tough decisions regarding competing uses Meghana Mahi of water need to be taken. Narmada Subernarekha Brahmani-Baitami Godavari Tapi The country is also facing the potent threat Mahanadi of climate change, which may have complex Krishna

implications on the pattern of availability of Pennar Size of gap Cauvery Surplus water resources including changes in pattern Moderate (0%-20%) and intensity of rainfall and glacial melt resulting Severe (20%-80%) in altered river flows, changes in ground water recharge, more intense floods, severe droughts Figure 2: India’s Water Supply and Demand Gap in many parts of the country, salt water intrusion Source: UNICEF, FAO, and SaciWATERs. 2013. Water in India: Situation and Prospects in coastal aquifers, and a number of water quality issues. Water being vital for equitable growth Water has a clear linkage to all the three and development of a country, food security, development dimensions: Environmental, livelihoods, and public health are at stake. Access Economic, and Social. The challenges necessitate to safe water has a direct bearing on productivity the need for a sustainable policy regime and health of human and animal populations. The that facilitates Integrated Water Resource public health implications of unsafe water are Management (IWRM) for efficient use of what is enormous and unacceptable. going to become a scarcer resource globally. The

Base-case demand, supply, corresponding Municipal and Domestic and gaps for the regional case studies Industry Aggregate 2030 Demand Agriculture demand growth 2030 supply Aggregate gap 100%, Billion m3 %, CAGR Billion m3 % of demane 100%= India 80 13 7 1498 2.8 74450

China1 51 32 16 818 1.6 61925

Sao Paulo 1 33 31 36 20 1.4 19 14 state

South Africa2 46 19 35 18 1.1 15 17

1Gap greater than demand-supply difference due to mismatch between supply and demand at basin level 2South Africa agricultural demand includes a 3% contribution from afforestation

Figure 1: Gap between Water Demand and Supply in India Source: 2030 Water Resource Group Report

1 2030 Water Resource Group Report titled ‘Charting Our Water Futures’, 2009. Available at www.2030wrg.org/publication/charting-our-water-future/

2 ISSUE 1 OCTOBER 2014 Discussion Paper matter is assuming greater urgency as the country (Schedule VII, List II, Entry 17). These powers rapidly urbanizes and undergoes industrial are, however, enjoyed subject to the authority transformation, because the global pattern in of the Centre to regulate the development of such cases is that water for urban and industrial inter-state rivers and settle inter-state water use goes up substantially and reallocation of disputes (Schedule VII, List I, Entry 56). Since the water between urban and rural areas as a result river drainage systems across State boundaries has the potential to create social tensions and and the major catchments are often in a State even conflicts (Figure 3). This Discussion paper other than the one where major water usage highlights some of the important issues, which may occur, the role of the Centre in ensuring the need to be addressed to efficiently manage the sustainable management of river systems extends water resources in the country. While the paper to ensuring that the interests of all States to use draws substantially on the National Water Policy natural resources for the States’ development 2012, it highlights the implications of some of the are reasonably protected and harmonized, and policy directions and brings out the consequential this often requires the Central government steps to be able to give effect to a consistent and to take recourse to a number of other entries effective science-based policy. in List I and III, most notably the entry relating to Forests (Schedule VII, List III, Entry 17-A), to preserve and protect forest catchments. Emerging from this basic distribution of powers, there are a number of Central and State level legislations which address the subject of water or relate to institutions which are concerned with conservation and management of water in India. Of these, the most important perhaps, at least from the point of view of institutionalization, is the State Panchayati Raj Act. Minor irrigation, water management, and watershed development are included in the list of subjects in the Eleventh Figure 3: People Scramble to Collect Water from a Tanker at Schedule, which can be transferred to Panchayats Khanpur in Delhi if the State Government so notifies in terms of the State legislation, as several States have done. Legal and Policy Framework for Water in Similarly, water supply, public health, sanitation, India: An Overview and solid waste management are included in the The current legal framework pertaining to water list of subjects in the Twelfth Schedule which can in India is spread across a variety of instruments, be transferred to Urban Local Bodies (ULBs). legislation, legal principles, both from the colonial and post-colonial times, as well as customary Box 1 mechanisms, and a number of judicial precedents, TERI organizes the Delhi Sustainable Development not necessarily in harmony with each other. Summit (DSDS) annually on important sustainable Under the Constitution of India, water is a State development issues, such as water, energy and natural subject, with the States’ jurisdiction extending to resources. The Thematic Track events on water involve ‘water supplies, irrigation and canals, drainage and emerging issues and latest developments in water sector embankments, water storage, and water power’ and contribute significantly to policy level discussions.

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Water Law is closely linked with the Water Box 2 Policy because of the mutual feedback and TERI organizes The India Water Forum every alternate interlock. Under ideal conditions, the Water Law year on important water sector issues. These events are empowers Water Policy, which is influenced by the platforms for policy level discussions and dialogues in the political and economic institutions and ideology sector and contribute significantly in terms of technical as of the time. Water Policy, in turn, provides a well as policy level deliberations. larger vision and purpose to the Water Law and NWP 2012 has done away with water allocation enables fine tuning of the implementation based prioritization mentioned in NWP 1987 and on difficulties faced on-ground. Taken together 2002, but has emphasized on treating water, they provide a comprehensive framework. over and above the pre-emptive need for safe drinking water and sanitation, as an economic The National Water Policy of India good. NWP 2012 also emphasises the fact that The National Water Policy of the Government the service provider role of the State has to be of India was first enunciated in 1987. The policy gradually shifted to that of a regulator of services laid down an allocation prioritization principle for and facilitator for strengthening the relevant water as follows: institutions. ƒƒ Drinking Water ƒƒ Irrigation Basic Guiding Principles of NWP 2012 ƒƒ Hydro-power Some of the guiding principles stated in the NWP 2012 include: ƒƒ Navigation ƒƒ The principle of equity and social justice ƒƒ Industrial and other uses must inform the use and allocation of water The National Water Policy (NWP 2002) was resources. subsequently introduced in relation to the rapidly changing scenario in the domain of water to ƒƒ Planning, development, and management address the emerging issues and provide critical of water resources need to be governed by policy inputs. NWP 2002 gave emphasis for the common integrated perspectives considering first time to ecological and environmental aspects local, regional, and national context, having an of water allocation. environmentally sound basis, keeping in view the human, social, and economic needs. The National Water Policy (NWP 2012) calls for a common integrated perspective to govern the ƒƒ Safe drinking water and water for sanitation planning and management of water resources. should be considered as pre-emptive needs, Such a perspective would consider local, regional, followed by high priority allocation for other and national contexts and be environmentally basic domestic needs, supporting agriculture sound. The Policy2 clearly states that water needs for food security and minimum ecosystem to be managed as a common pool community needs. After meeting the previously resource that is held by the State under the public mentioned needs, water should be allocated trust doctrine to ensure equitable and sustainable in a manner to promote its conservation and development for all. efficient use.

2 http://mowr.gov.in/writereaddata/linkimages/NWP2012Eng6495132651.pdf (last accessed on May 10, 2014 )

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ƒƒ Given the limits on enhancing utilizable water and the State Water Policies thereunder, as well resources coupled with climate change as by the Central and State legislations made impacts, meeting the future needs of water in conformity with the policies. The important will depend more on demand management. concerns to be addressed include the following: There is an urgent need for evolving an ƒƒ Poor management of water resources has agricultural system which can economize led to a critical situation in many parts of the water use and maximize the value from country. Poor or inequitable access to safe water and also enhance water use efficiency drinking water and sanitation continues to be by curbing wastages. a problem in many areas, creating conditions ƒƒ Water-using activities need to be regulated for social strife. keeping in mind the local geo-climatic and ƒƒ The already wide temporal and spatial hydrological situations. variations in availability and quality of water The NWP makes recommendations on several may increase substantially due to impact of major issues including: climate change, aggravating water crisis and more severe incidences of water-related ƒƒ Adapting to climate change disasters, such as floods, droughts, and high ƒƒ Enhancing water availability erosion. ƒƒ Water demand management through efficient ƒƒ Ground water continues to be perceived as an water use practices individual property rather than a community ƒƒ Water pricing resource. Its extraction and exploitation ƒƒ Conservation of river corridors, water bodies, continues inequitably and without any and infrastructure consideration for its sustainability and without adequate understanding of the variations in ƒƒ Project planning and implementation underground water quality. ƒƒ Management of floods and droughts ƒƒ The existing irrigation infrastructures are ƒƒ Water supply and sanitation inadequately maintained and poorly managed, ƒƒ Institutional arrangements Box 3 ƒƒ Trans-boundary rivers A study to evaluate the water quality of River Ganga was ƒƒ Database and information system undertaken by TERI in the year 2013, with the objective of ƒƒ Research and training needs identifying the nature and extent of water pollution in the river. The study revealed that the river is subjected to heavy ƒƒ Preparation of a plan of action by the National pollution load and has high Biochemical Oxygen Demand Water Board based on the National Water (BOD), total and faecal coliform bacteria, and Mercury in Policy certain pollution hotspots. Another study is currently being carried out to assess Issues and Concerns regarding Water the mobilization of Persistent Organic Pollutants Resource Management in India (POPs) such as Polychlorinated Biphenyls (PCBs), Hexachlorocyclohexane (HCH), Dichloro-diphenyl- The increasing scarcity and deterioration in quality trichloro-ethane (DDT) and a range of Polybrominated of water resources and their management have Diphenyl Ethers (PBDE) in the river Ganga. The study highlighted several concerns, which will need to reveals high content of POPs in certain stretches of the be addressed through the National Water Policy, river and its catchment area.

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leading to wastage and under-utilization of Box 4 available resources. This has resulted in a As a National Key Resource Centre for Drinking Water widening gap between the irrigation potential and Sanitation (Rural), TERI is continuously engaged in created and utilized. organizing trainings for engineers and social scientists ƒƒ In many parts of the country, large stretches of of various states on the issues and latest technologies of rivers are both heavily polluted by untreated water supply and sanitation. industrial effluents as well as municipal sewage In the context of challenges faced by ULBs in terms of and devoid of flows to support aquatic ecology, managing water resource efficiently, TERI organizes Training programmes focusing on the Water Demand cultural needs, and aesthetics. This is affecting Management in the urban water sector. the availability of safe water besides causing TERI also imparts training and capacity-building activities environmental risks and health hazards. for Delhi Jal Board Officials on wastewater treatment ƒƒ There are a number of interstate disputes on technologies. river water sharing between States, which to the lower tiers of government to deal with need to be expeditiously attended to by the local water situation. The feasibility of “Right reexamining the existing institutional set up to Clean Water” as promoted by the Supreme such as the Water Disputes Tribunal at the Court of India through a series of judgments Centre. could be given legislative mandate through the ƒƒ Holistic and inter-disciplinary approach to National Framework Law. water as a resource and to water resource Given the explicit distribution of powers with allocation related problems is missing. regard to ‘Water Supplies’ in favour of the States, Essentials for Sustainable Water a Framework Law at the National level is likely to be of only limited utility and the laws at the State Management level will need to incorporate the operational Water Framework Law for Proper Regulation principles in their frameworks. of Water as a Resource To the extent that a National Framework Law Water has to be treated as an economic good to may not be adequate to address the concerns at promote its efficient use after basic needs such as State level, or even otherwise, to assist the States those of drinking water and water for sanitation in developing the State legislation under the are met. There is a need to evolve a National National Framework Law, it would be useful for the Framework Law or a Model Law (subject to Central Government to draft a Model State Law legislative jurisdiction of the Parliament) as and engage with the State Governments to enact an umbrella statement of general principles the requisite legislation. Particularly, ground water governing the exercise of legislative and/or which is rapidly depleting (Figure 4, Annexure 1) executive powers by the Centre, the States, and needs to be managed as a community resource, the local governing bodies (the latter through held by the State under public trust doctrine. devolution by the State). This should lead the way The Planning Commission of India prepared for essential legislation on water governance in a Model Bill3 in 2011 for the conservation, every State and devolution of necessary authority protection, and regulation of ground water

3 Draft Model Bill for the Conservation, Protection, and Regulation of Ground water Available at http://www.planningcommission.nic.in/aboutus/committee/wrkgrp12/wr/wg_model_bill.pdf

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PLATE - VII Discussion Paper

ƒƒ Safe drinking water and sanitation should be considered as the pre-emptive need, subject to minimum ecosystem requirements. After meeting this need, water should be allocated in a manner to promote its conservation and efficient use, with high priority to other basic domestic needs and agriculture for food security. ƒƒ Given the limits on enhancing utilizable water resources coupled with climate change impacts, meeting the future needs of water will need to depend heavily on demand management. There is an urgent need for evolving an agricultural system which economizes on water use and maximizes value from water and enhances water use

efficiency by curbing wastages. Clear and Figure 4: Depth to Water Level Map (January 2011) socially equitable water pricing policies

Source: CGWB Report 2010 need to be evolved, which are based on the

principles of demand and variable charges. which aims at equitable regulation and control 13 Regulatory systems for the purpose will need of ground water and addresses many of the 13 to be put in place. concerns, including ‘Right to Water’, and water use prioritization principles. Importantly, it sets ƒƒ Water using activities need to be regulated, out an institutional framework for planning and keeping in mind the local geo-climatic and regulation which is based on the Panchayat and hydrological situations. Municipal framework provided in Article 243 ƒƒ Conservation of river corridors and water of the Constitution. The States need to enact bodies need to be taken up as part of the legislation based on a Model Law at the earliest. long-term strategy for eco-management At the same time, the Model Law itself needs and restoration and to provide additional to treat ground water and surface water more resilience in the face of climate change. effectively as a common resource. Institutional Capacity-building Equity and Efficiency Proper management of water as a resource cannot ƒƒ The principle of equity and social justice be ensured by the Central government or even must inform the use and allocation of water by the State governments on their own. While the resources. governments can provide the funding, knowledge, ƒƒ The basin and sub-basin need to be the technical and management support, by its very unit of planning and scientific management nature, water requires active cooperation at with an integrated social, economic and the individual and community user levels. Water environmental perspective. usage practices have specific connotations based

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on local culture and practices, whether it is for use efficiency, proper demand management, domestic use or agriculture. Better and more incorporating coping strategies for climate change, efficient management requires the development and enhancing the capabilities of community to of community institutions to help develop and adopt climate resilient technological options are propagate better local practices and apply social urgently required to be formulated. The National pressure to ensure proper regulation, minimize Water Mission of India, one of the eight Missions wastage, and enhance efficiency. Panchayati Raj created under the National Action Plan for Climate Institutions (PRIs) and ULBs, which are already Change, also emphasizes research studies on all positioned to be entrusted with this function aspects related to impact of climate change on in the Eleventh and Twelfth Schedule of the water resources including quality aspects. Constitution of India, are key to sustainable management of water resources for the country Action Points and their capacity-building has to be a matter of ƒƒ Enhancing water use efficiency through the prime concern. adoption of climate resilient agronomic, technological, management, and institutional Critical Action Points approaches. The following section summarizes some of the ƒƒ Incorporating strategies for climate change key action points emerging from the National in the planning and management of water Water Policy along with a few consequential steps resource structures, such as dams, flood for effective implementation, which will need to embankments and tidal embankments. be addressed by the government, policy makers, ƒƒ Incorporating watershed-based planning and PRIs/ULBs, and Civil Society Institutions, keeping land use so as to increase the scope for in situ in view the urgency or criticality of the issue. moisture conservation and use.

Adaptation to Climate Change Integrated Planning and Utilization of Climate change is clearly the biggest challenge Surface Water and Ground Water in the immediate future. Adaptation strategies About 28 per cent of India’s average annual such as increasing water storage, better water precipitation is utilizable, but presently only about 16 per cent is being utilized. To augment the water available for utilization, the following Box 5 strategies need to be adopted: TERI has been working closely with some States for developing their State Action Plans on Climate Change Action Points (SAPCCs) and also carrying out assessments for their vulnerability towards climate change. TERI has assisted ƒƒ Surface water and ground water need to be the Governments of Rajasthan, Assam, Gujarat, and treated as a common resource for planning, Maharashtra for preparation of their respective action management, and O&M (Operation and plans with support from the Deutsche Gesellschaft für Maintenance). In particular, water body Internationale Zusammenarbeit (GIZ). TERI has also been involved in carrying out vulnerability assessments in the rejuvenation in and around urban settlements States of Maharashtra, Rajasthan, and West Bengal. These need to be prioritized, and the Central scheme studies assess current as well as future vulnerabilities for Repair, Renovation, and Restoration (RRR) through modelling and field-based techniques. of water bodies has to be coordinated with

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Mahatma Gandhi National Rural Employment Box 6 Guarantee Act (MGNREGA) to achieve the TERI has been involved in designing a model for water necessary synergy. For this purpose the Tamil recycling and reuse on maintenance lines for Indian Nadu model of using MGNREGA funds for Railways. The goal of this exercise was conservation and earth work, excavation, and desilting, and efficient management of fresh water for ensuring long- scheme funds for engineering and protective term availability of water, which involved forward-looking measures can be a starting point. water management strategies.

ƒƒ Ground water recharge and draft (extraction) achieved by converging MGNREGA with pattern for the country as a whole is shown the Integrated Watershed Development in Figure 5. Declining ground water levels in Programme (IWDP). overexploited areas (Annexure 2) need to be arrested by encouraging community-based ƒƒ Ground water remains a missing link in the management of aquifers, and providing a city water accounts and cities are failing to regulatory role for PRIs at the appropriate promote recharge. Regulatory and tariff- level. Additionally, artificial recharging based measures have to jointly address this projects should be undertaken so that issue. more water is recharged than is extracted ƒƒ Integrated watershed development activities from aquifers. The National Water Mission need to be undertaken to increase soil reiterates the need for sensitization of the moisture, reduce sediment yield, and local communities and community leaders increase overall land and water productivity. and public representatives of overexploited Programmes such as MGNREGA are being areas on dimensions of the problem and used by farmers to harvest rainwater

also stresses on the investment under using farm ponds and PLATotherE – XXIV soil and water MGNREGA towards water conservation by conservation measures, but the planning ground water recharge.Ground Water This Resource can be andbest Development and Potential executional in India quality needs substantial

Total Annual Ground Water Recharge (433 BCM)

Balance Dynamic Ground Water Resource Available (168 BCM) Annual Ground Water Draft (231 BCM)

Natural Discharge (34 BCM)

Annual Ground Water Recharge Annual Ground Water Draft

Ground 250 Water Ground 200 Recharge Water 150 from Other Recharge Annual Ground Sources from BCM 100 Water Draft 33% Rainfall 50 67% 0 Irrigation Domestic & Industrial

Figure 5: Ground Water Resource and Development Potential in India 37 Source: CGWB Report 2010

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improvement to yield the desirable outcomes. Box 7 PRIs need to be capacitated so as to be able TERI has carried out ‘Water Audit’ studies5 for Thermal to properly discharge the functions expected Power Plants and other industries and recommended of them for the purpose under MGNREGA. measures for water saving. There is an urgent need to The Common Watershed Development make water audit mandatory for major water consuming Guidelines issued by the National Rain-fed industries, given the fact that the industrial sector is Areas Authority (NRAA) under the Planning growing significantly and has a huge potential for water Commission needs to be revisited for the saving. purpose. technological as well as regulatory measures, ƒƒ Aquifers need to be systematically mapped some of which include the following: in order to assess the quantum and quality Action Points of ground water resources, and to plan for ƒƒ Methods to encourage water saving during their sustainable management by involving irrigation which need to be propagated local communities. The Central Ground include aligning cropping pattern with natural Water Board (CGWB), the Geological Survey resource endowments, micro-irrigation such as of India (GSI), and Directorate General of drip, sprinkler (Figure 6), automated irrigation Hydrocarbons (DGH) need to jointly work operation, and evapotranspiration reduction. out their field season programmes and develop a common spatial database. ƒƒ Conjunctive use of surface water and ground water needs to be encouraged. Demand Management and Water Use ƒƒ Local level micro-irrigation through Efficiency small bunds, field ponds, agricultural, and The National Commission for Integrated Water engineering methods for watershed Resource Development (NCIWRD) has assessed development would be very useful for that in India about 83% of water is used in enhancing water use efficiency. irrigation and the remaining for domestic, industrial and other purposes. Although, water for irrigation would increase over the time, the share of irrigated water in the overall demand has been estimated4 to reduce from the present level to about 69% by the year 2050. The National Water Mission suggests an increase of 20 per cent in water use efficiency by 2017. The National Water Policy also stresses on efficient use of water, as part of the demand management strategies. This is an achievable goal and must be strongly supported by State Figure 6: Drip Irrigation for Water use Efficiency level policies. This should require States to adopt

4 National Commission for Integrated Water Resource Development Plan, Ministry of Water Resources, 1999 5 TERI’s Policy Brief titled Enhancing Water use Efficiency of Thermal Power Plants in India: Need for Mandatory Water Audits, December 2012. Available at http://www.teriin.org/policybrief/docs/TERI_Policy_Brief_Dec_2012.pdf

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ƒƒ Water use efficiency needs to be incentivized Box 8 by proper energy pricing for use in agriculture, TERI undertook a study in the year 2009 to review the both in ground water extraction and lift existing guidelines of determination of user charges for irrigation. water and sanitation services and to incorporate economic ƒƒ Regional water audits with respect to water principles of pricing in urban water supply sector in use in agriculture on sample basis needs to be India. The study involved review of present practices, key institutionalized in order to locate policy and bottlenecks, and accordingly guidelines were prepared for setting price for urban water. The study recommended management gaps for remedial action. a two-part tariff structure consisting of a demand charge ƒƒ Water audit needs to be made mandatory for and variable charges; and Increasing Block Tariff (IBT) specified types of industries and/or identified being more appropriate for domestic users, while uniform areas in order to efficiently manage water volumetric charges was recommended for non-domestic resources in the industrial sector. users. uniformity in policy and management of tariffs Water Pricing within the State. Tariffs may be levied on a Water pricing is a contentious issue, especially in volumetric basis or a combination of minimum the context of equity and meeting minimum needs, and volumetric basis. The authorities should particularly for the poor. However, appropriate take into account development, management, pricing ensures more efficient utilization, thus and O&M charges while fixing tariffs. Water increasing water availability in general, and Users Associations (WUAs) or PRIs should for the poor in particular, who may otherwise be given statutory powers to collect (and actually end up paying a high monetary and health enforce collection) water charges and retain price for less appropriate sources of water. The a portion, manage the volumetric quantum principle of differential pricing may therefore be of water allotted to them and maintain the retained for essential and pre-emptive use. For distribution system in their jurisdiction. other uses, water should be allocated and priced according to economic principles of two-part Sustainable Management of Surface Water Bodies tariff structure having fixed and variable charges. Conservation of river corridors, water bodies, Increasing Block Tariff (IBT) is most appropriate storage and flow structures are extremely for domestic users, while uniform volumetric important for sustainable management of charges should be used for non-domestic users. the available water resources. This requires preventing encroachments, renovating the Action Point existing infrastructure of water bodies, and ƒƒ A Water Regulatory Authority (WRA) controlling pollution of water bodies through should be established in each State. The stringent punitive action. The National Water authority will be responsible for fixing and Mission of India has also stressed on expeditious regulating the water tariff system for not implementation of water resource projects and only irrigation, but for all users. Where the formulation of river interlinking projects. statutory responsibility for tariffs is with another agency, the WRA must be consulted Action Points and its recommendations must be given ƒƒ Encroachments and diversion of water bodies high weightage so as to ensure reasonable and drainage channels must not be allowed and

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the State Water Regulatory Authorities must schemes should be integrated and executed be given supervisory and directory powers. simultaneously. Water supply bills should Wherever such diversions have taken place, include sewerage charges. they should be restored and maintained ƒƒ In the urban areas, investment in sewerage to the extent feasible. The law should be must match investment in water supply and strengthened so that encroachment removal the backlog in sewage treatment must be follows a summary process, with no scope for made up in a phased manner. delay by the powerful or vested interests. ƒƒ As part of the urban sewage management, ƒƒ Pollution of sources of water and water water recycling targets must be set and bodies should not be allowed. Water bodies enforced with increasing benchmarks for should be periodically inspected by a third efficiency over time. party under a mechanism devised by the WRA which should provide for levy of penalty and ƒƒ A proper mix of regulation and incentives issue of directions to undertake rectification. should be implemented to encourage the ƒƒ A survey should be conducted for inter-state recovery of industrial pollutants, which are Rivers and large water bodies to identify otherwise capital-intensive. This holds true polluted or dying rivers/water bodies and a also for recycling of the used water for systematic-area based rejuvenation mission appropriate purposes. The National Water needs to be launched to restore these river Mission emphasizes incentivizing for recycling stretches/ water bodies to maintain its of water including waste water. ecological flow and quality. Institutional Strengthening and Coordinating Water Supply with Sanitation Capacity-building Water supply, sanitation, and sewerage in As has been mentioned, institutional capacity- both urban and rural areas need to improve building is of utmost importance. This requires tremendously. There is a huge disparity in water the building up of planning, regulatory, R&D, data supply in urban and rural areas. Also, though in the management, and community-level institutions, water supply sector India has achieved Millennium each of which needs to perform a specific set of Development Goals (MDGs), in the sanitation functions in order to ensure that the mechanism sector it is still lagging far behind. Safe drinking of overall framework ensures efficiency in treating water requires proper management of sewage, water as a finite but renewable resource to be and better water management requires recycling carefully managed and judiciously utilized. of water from sewage, since almost 70 per cent of supplied water returns through the sewage system. Action Points ƒƒ Regulatory and Planning authorities Action Points • Regulatory action through pricing of water is ƒƒ In urban and industrial areas, rainwater critical for its economical and efficient use. harvesting and de-salinization (where feasible) The State Water Regulatory Authority can should be encouraged to increase availability be statutorily empowered to fix (or where of utilizable water. there is another such agency, to at least ƒƒ Urban water supply and sewage treatment statutorily recommend) appropriate tariffs,

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enforce recycling measures, prevent and • The Central Water Commission is a premier control pollution, ensure the preservation technical organization of India in the field and management of water sources, promote of water resources under the Ministry of R&D, and capacity-building. The Central Water Resources, Government of India. The Government needs to enact a Framework Commission is entrusted with the general Law or develop a Model Law, so that States responsibilities of initiating, coordinating, can enact legislation conforming to a broadly and furthering in consultation with the State uniform framework. Governments concerned, schemes for control, conservation, and utilization of water • While the Regulatory Authority can regulate, resources in the country, for purpose of flood it is essential to separate the planning function control, irrigation, navigation, drinking water and energize the National Water Board and supply, and water power development. the National Water Resources Council for the The restructuring and repositioning of the purpose. Similar Boards at State level would Commission would be necessary as part of the need to discharge the State Level planning process of operationalization of a Framework functions, suitably providing for planning role Law and for facilitating the implementation of for Municipal and Panchayat bodies at the State-level water laws relating to sustainable regional level. management and regulation. • The Central Ground Water Board (CGWB), • At the Municipal and Panchayat levels, under the Ministry of Water Resources, water supply and sanitation should be jointly Government of India, is the National Apex managed. In the States where a para-statal Agency entrusted with the responsibilities of body is responsible for water supply, it will providing scientific inputs for management, need to be responsible for sewerage as well. exploration, monitoring, assessment, In case if a State, local Municipal bodies are augmentation, and regulation of ground responsible for water supply, it is best that water resources of the country. The Board they are made responsible for sewage as has been constituted as the Central Ground well. In rural areas, PRIs will then perform Water Authority (CGWA) for the purpose the analogous function (at the Village or Block of regulation and control of ground water level, as appropriate). management and development in terms of the Environmental Protection Act (EPA). ƒƒ Training and R&D This enables it to regulate withdrawal of • Training of engineers and water supply and ground water in critical and overexploited sewage staff at all levels is essential to ensure areas and to prevent construction of efficiency and reduce waste. Each State ground water structures or drilling of tube should set up a training institution to provide wells in areas notified as critical or training and develop skills for Municipal, overexploited. However, regulatory functions Panchayats, and outsourced service providers need to extend to proper management of the and Central Government should set up an resource and a specific legislation is required R&D institution with Regional Centres for for the proper management of not merely research on all aspects related to resource- ground water but for surface water and use efficiency in the sector. There is a need ground water as a jointly managed resource. to identify adequate number of National

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and State level Key Resource Centres to State Water Policies build the capacity of the staff and officials on Water being a State subject, the State has efficient management of water resources. jurisdiction extending to water supplies, irrigation The training and capacity-building activities and canals, drainage and embankments, water should be carried out in a sustained manner, storage and water power as mentioned in with appropriate monitoring mechanism in Schedule VII, List II, Entry 17 of the Constitution. place in order to effectively disseminate the learning and implement it on-ground. States and local governance institutions ultimately have to manage the proper use of ƒƒ Database and Management Information local resources, and local communities and local System (MIS) and Disclosure governance institutions and Panchayats and • The database and information system needs Municipalities have to work in coordination with to be made robust in order to effectively each other and the State departments concerned. monitor the developments in the sector. A State governments need to bring out clear and National Water Informatics Centre should comprehensive policies in furtherance of the be established to collect, collate, and national policy. The Policy must: process hydrologic data regularly from all ƒƒ Set out State level priorities based on State over the country and maintain it in an open level conditions, policies, and prospects of and transparent manner on a Geographic industrialization, urbanization, etc. Information System (GIS) platform. All ƒ hydrological data should be shared in public ƒ Specify regulatory policies. domain subject to considerations only of ƒƒ Put in place State level and local planning national security. regulatory systems to address issues of pricing, management, and good governance. ƒƒ Capacity-building ƒƒ Spell out the role for Panchayats, ULBs, User • Capacity-building of the WUAs and PRIs Associations, Community Institutions, and should be carried out for strengthening the Civil Society Organizations and how their institutions and it should be given statutory capacity can be enhanced. powers to collect and retain a portion of water charges and maintain the distribution system in their jurisdiction. Training and awareness Box 9 generation of WUA and PRI functionaries is TERI has prepared the “Perspective Water Vision 2030” for critical. the State of Arunachal Pradesh, comprising: (1) Law and • Civil Society Organizations (CSOs) and policy aspects related to the unique Constitutional status Non- Governmental Organizations (NGOs) accorded to the State and the status of implementation continue to play an important role in of 73rd and 74th Constitutional Amendment Act (CAA) promoting positive changes in the water vis-a-vis water; (2) Technical aspects relating to the assessment for water availability/potential for irrigation resource management. The institutional and for enhanced sustainable agricultural practices, and capacities of NGOs in terms of resource (3) To evaluate and recommend the suitable institutional, mobilization (internal or external), capacity- planning mechanisms to the Government. The Vision building, networking and public advocacy, and Document 2030 is expected to guide the Water Resource sound internal management are critical for Department of Arunachal Pradesh to plan their future addressing any development issue effectively. programmes.

14 ISSUE 1 OCTOBER 2014 Discussion Paper

Conclusion increasing role for Municipal and Panchayati Raj Bodies in planning, management, and regulation. Water law in India continues to remain non-uniform, ƒƒ Restructuring, strengthening, and empowerment inconsistent, and somewhat inadequate to deal with of the existing institutions (Central, State, and today’s complex water situation characterized by local) involved in different aspects of service scarcity and depletion of this renewable but limited delivery so as to improve efficiency in management resource, and increased demand. A business-as-usual and sustainability of the resource. (BAU) approach will not be able to plug the gap ƒƒ Shift in approach in water resource management between water supply and demand. Good national from purely engineering works to systems that water management requires a paradigm shift, incorporate traditional practices, local materials comprising at least the following: and are manageable and maintainable by local ƒƒ Clear and comprehensive science-based Water communities. The Gram Panchayat as well as Resource Policy at Central and State levels the local community need to be involved at all for integrated water resource management, stages of discussion, planning, implementation, which focuses on both supply- and demand-side management and maintenance. dimensions of water use. ƒƒ Funding for capacity-building and R&D to bring in ƒƒ A Water Framework Law at Central level laying resource use efficiency and sustainability. out the architecture for planning and regulation ƒƒ A Water Portal with full disclosure of all the data and technical institutional support. in usable formats, accessible to Government ƒƒ Effective legislation at State level (based on the institutions, policy makers, society, and regulatory Central Model Law) for regulation of ground institutions. water and surface water providing an explicit and

References 1. 2030 Water Resource Group Report titled Charting Our Water Futures 2009. Available at www.2030wrg.org/ publication/charting-our-waterfuture/ 2. Draft Model Bill for the Conservation, Protection, and Regulation of Ground water. Available at http://www. planningcommission.nic.in/aboutus/committee/wrkgrp12/wr/wg_model_bill.pdf (last accessed on May 20, 2014) 3. Global Water Partnership—The World Bank. Strategic Overview Series Number 2, Conjunctive Use of Ground water and Surface Water, 2010. Available at http://www.un-igrac.org/dynamics/modules/SFIL0100/view.php?fil_Id=202 (last accessed on June 13, 2014) 4. Ground Water Year Book—India 2010–11. Report of the Committee for Drafting of National Water Framework Law, 2013. Available at http://mowr.gov.in/writereaddata/nwfl1268291020.pdf (last accessed on May 10, 2014) 5. National Commission for Integrated Water Resource Development Report (NCIWRD), Ministry of Water Resources, Government of India,1999 6. National Water Mission under National Action Plan on Climate Change, 2009. Available at http://www.nicra-icar.in/ nicrarevised/images/Mission%20Documents/WATER%20MISSION.pdf (last accessed on May 20, 2014) 7. National Water Policy of India 2012. Available at http://mowr.gov.in/writereaddata/linkimages/ NWP2012Eng6495132651.pdf (last accessed on May 10, 2014) 8. Summary of Draft National Water Policy 2012 by PRS Parliamentary Legislative Research. Available at http:// www.prsindia.org/administrator/uploads/general/1345794528_Draft%20National%20Water%20Policy%20 2012-Summary.pdf (last accessed on May 10, 2014) 9. TERI’s Policy Brief titled Enhancing Water use Efficiency of Thermal Power Plants in India: Need for Mandatory Water Audits, December 2012. Available at http://www.teriin.org/policybrief/docs/TERI_Policy_Brief_Dec_2012.pdf 10. UNICEF, FAO, and SaciWATERs 2013. Water in India: Situation and Prospects

ISSUE 1 OCTOBER 2014 15

Discussion Paper development (%) development

47 20 70 14 30 48 76 48 27 20 22 39 45

Stage of ground water water ground of Stage 109 170 0.04

irrigation availability for future future for availability

3.07 3.99 6.48 1.92 0.25 3.05 0.19 0.00 2.29

Ground water water Ground -1.07 17.51 15.10 10.67 19.06 16.01 17.65

uses domestic and industrial industrial and domestic

1.40 1.74 0.56 1.41 0.42 0.04 0.60 1.51 1.48 0.04 0.57 0.70 0.98 2.14 2.67 Projected demand for for demand Projected 0.009

2.92 1.06 0.33 0.12 9.45 0.07 0.48 2.80 5.44 Total 17.12 10.71 15.09 11.49 10.77 14.90 0.0008

0 Industries

1.04 0.97 1.10 0.38 0.24 0.03 0.35 0.85 0.99 0.03 0.28 1.37 0.48 1.02 0.59 Domestic and and Domestic

9.75 1.82 0.70 0.10 0.09 9.10 0.04 0.20 9.39 2.31 4.85 Irrigation 16.08 14.24 10.49 13.88

0.0008 Annual Ground Water Draft Annual Ground Water water avaiability water

6.23 5.25 2.43 0.39 8.63 0.27 0.28 2.30

Net annual ground ground annual Net 35.33 15.30 31.21 15.02 27.42 13.68 32.95 24.89

non-monsoon season non-monsoon Natural discharge during during discharge Natural 1.86 0.63 0.61 0.33 0.27 0.04 0.68 1.75 0.79 0.02 0.02 1.77 1.25 3.55 2.34 0.26

6.84 5.58 2.70 0.43 9.31 0.29 0.30 2.56

37.19 15.93 32.96 15.81 29.19 14.93 36.50 27.23 Total

sources from other other from

5.59 2.25 1.11 0.18 0.32 0.02 2.72 8.36 3.15 0.04 0.09 2.36 1.13 7.33 0.54 Recharge Recharge

0.0002

Season rainfall from

Recharge 0.05 1.50 1.93 1.00 1.00 0.08 0.92 1.94 0.00 0.01 0.02 3.42 1.30 4.20 1.05 0.98

Non Monsoon

sources

from other other from 0.96 4.01 0.01 0.14 0.77 0.01 2.15 2.51 2.08 0.01 0.06 3.96 0.43 8.93 1.99 Recharge Recharge

0.00009 Annexure 1: State-wise utilization, and stage India ground of development, resources water availability, rainfall from

8.17 3.79 4.26 0.61 0.33 3.52 0.22 0.13 1.57 Recharge Recharge 30.59 20.15 10.59 19.45 12.07 16.04 23.65 Monsoon Season Annual Replenishable Ground Water Resource Ground Water Annual Replenishable Union States / Territories Madhya Pradesh Karnataka Kerala Jharkhand Jammu & Kashmir Himachal Pradesh Haryana Maharashtra Gujarat Goa Delhi Bihar Chhattisgarh States Andhra Pradesh Arunachal Pradesh Assam 9 8 7 6 4 5 1 2 3 15 13 14 12 11 10 16 S.No.

16 ISSUE 1 OCTOBER 2014 Discussion Paper 3 9 0 4 16 85 18 66 70 42 58 14 63 33 58 145 125 0.90 0.18 0.65 107 105 - 0.30 0.04 0.94 0.31 1.69 0.05 3.08 0.68 -9.89 -3.94 0.020 0.303 0.051 16.78 19.52 15.33 0.365 -0.002 -0.008 161.43 161.06 - 0.03 0.10 0.02 1.22 0.20 0.02 0.91 1.00 2.72 5.30 0.06 1.24 0.000 0.008 0.008 0.003 0.031 29.09 0.050 29.14 0.0008 3.85 0.17 0.01 1.39 0.009 0.002 0.002 17.65 31.16 12.99 48.78 11.65 0.000 0.010 0.009 0.009 0.002 0.151 0.181 0.0004 230.41 230.59 0.84 0.88 0.09 0.01 0.83 1.39 3.42 0.81 0.05 0.30 0.009 0.002 0.000 0.010 0.008 0.002 0.002 18.05 0.052 18.10 0.0005 0.0004 0.00 0.00 0.00 3.01 0.08 0.00 1.34 0.002 16.77 30.34 11.60 45.36 0.000 0.000 10.83 0.001 0.007 0.000 0.121 0.129 212.37 212.50 0.34 0.32 0.04 1.04 1.97 0.08 2.10 21.01 20.76 21.44 10.38 70.18 0.020 0.320 27.46 0.060 0.008 0.004 0.144 0.556 398.70 399.25 0.04 0.04 0.12 2.08 2.31 0.22 2.33 1.18 0.00 6.17 2.90 0.17 0.002 0.005 0.003 0.009 0.016 0.004 0.036 33.77 33.73 0.0004 0.38 0.36 0.04 1.15 2.19 0.08 2.27 23.09 23.07 23.78 11.56 76.35 0.023 0.330 30.36 0.063 0.009 0.012 0.160 0.597 432.43 433.02 - - - 0.01 0.00 0.00 3.14 1.67 0.17 5.54 1.92 4.86 0.51 0.005 20.14 73.15 0.001 0.001 0.029 0.031 73.18 - - - 0.16 0.08 0.02 0.33 3.58 4.53 0.92 1.36 0.26 5.64 5.44 0.12 0.005 0.000 0.007 41.84 0.012 41.85 - - - 0.00 0.00 0.03 3.56 0.00 0.62 2.19 0.27 0.005 11.96 10.91 11.95 69.51 0.005 0.001 0.002 0.067 0.075 69.59 - - - 0.20 0.28 0.03 0.79 4.91 1.10 5.98 8.76 1.37 0.059 0.016 0.006 0.057 12.81 38.63 17.87 0.138 248.01 247.87 Manipur Nagaland Mizoram Meghalaya Odisha Tamil Nadu Tamil Tripura Punjab Rajasthan Sikkim Uttar Pradesh Dadra & Nagar Haveli Chandigarh Union Territories Andaman & Nicobar West Bengal West Total States Total Uttaranchal Daman & Diu Lakshadweep Total Union Total Territories Pondicherry Grand Total CGWB Report 2010 Report CGWB 3 2 1 4 5 6 17 20 19 18 21 25 26 22 23 24 27 29 28 Source:

ISSUE 1 OCTOBER 2014 17 Discussion Paper - Rest 6 Rest blocks - Saline ------Rest 14 Rest - Saline Talukas ------Remarks 0 0 0 0 0 2 8 3 0 0 0 0 0 0 0 0 75 37 49 14 78 18 % 0 0 0 0 0 7 5 0 0 0 0 7 0 0 0 0 24 65 55 31 103 Nos 219 Over-exploited 4 0 0 0 0 0 0 2 2 0 0 0 5 0 0 0 0 0 0 6 10 10 % Critical 5 0 0 0 0 0 1 5 3 0 0 0 0 0 0 0 0 0 15 11 12 77 Nos 3 0 0 0 0 0 7 6 8 0 0 0 4 0 0 5 0 0 0 20 31 14 % 4 0 0 0 0 0 0 0 0 5 0 0 8 0 0 0 23 19 30 14 69 Semi-Critical Nos 175 18 98 90 85 67 53 37 43 22 95 62 % 100 100 100 100 100 100 100 100 100 100 100 Safe 7 7 7 8 5 2 25 22 93 42 97 11 23 13 308 287 264 101 208 138 515 760 Nos. Annexure in India 2: Categorisation of Blocks/Mandals/Talukas 7 7 7 8 5 9 22 11 23 13 137 314 318 312 151 175 208 113 223 146 515 1231 Total No. of Total Assessed Units Punjab Odisha Nagaland Mizoram Meghalaya Manipur Maharashtra Madhya Pradesh Kerala Karnataka Jharkhand Jammu & Kashmir Himachal Pradesh Haryana Gujarat Goa Delhi Chhattisgarh Bihar Assam Arunachal Pradesh States Andhra Pradesh States / Union Territories 9 8 7 6 5 4 3 2 1 22 21 20 19 18 17 16 15 14 13 12 11 10 S.No.

18 ISSUE 1 OCTOBER 2014 Discussion Paper - - Rest 1 Rest - Saline Region ------Rest 8 Rest blocks - saline - Rest 1 Rest block- Saline 0 0 0 0 0 5 0 0 25 50 12 37 59 15 11 15 1 0 1 0 0 0 0 2 0 0 2 37 142 140 839 837 0 0 0 0 0 0 0 0 2 0 9 0 4 0 4 21 0 0 0 0 0 0 1 0 0 0 0 13 33 50 226 226 0 0 0 0 0 0 6 33 50 14 18 11 15 10 22 10 0 3 1 0 0 0 3 0 0 4 37 88 57 14 550 546 0 50 67 86 71 83 38 14 71 61 71 100 100 100 100 100 2 6 0 1 1 1 1 12 38 32 11 231 665 145 4078 4067 4 9 2 1 1 1 1 17 38 18 269 803 385 237 5723 5705 Grand Total Total Union Total Territories Pondicherry Lakshadweep Daman & Diu Dadra & Nagar Haveli Chandigarh Andaman & Nicobar Total States Total West Bengal West Uttaranchal Uttar Pradesh Tripura Tamil Nadu Tamil Sikkim Rajasthan CGWB Report 2010 Report CGWB 6 5 4 3 2 1 29 28 27 26 25 24 23 Union Territories Note Uttar Nadu, Tripura, Tamil Mizoram, Odisha, Punjab, Rajasthan, Manipur, Madhya Pradesh, Chhattisgarh, Haryana, Jharkhand, Kerala, Blocks-Bihar, Bengal. Uttaranchal, West Pradesh, Mandals (command/non-command) – Andhra Pradesh Maharashtra – Goa, Gujarat, Karnataka, Talukas Assam, Delhi, Meghalaya, Nagaland Districts – Arunachal Pradesh, Jammu & Kashmir – Himachal Pradesh, Districts (Valley) State – Sikkim Island – Lakshadweep Chandigarh, Dadra & Nagar Haveli, Daman, Diu, Pondicherry UT – Andaman & Nicobar, Source:

ISSUE 1 OCTOBER 2014 19 TERI also publishes Policy Briefs based on its research work in specific areas. These briefs are made available to Members of Parliament, policy-makers, regulators, sectoral experts, civil society, and the media. The briefs are accessible at http://www.teriin.org/policybrief/. The purpose is to focus on key issues and list out policy recommendations to encourage wider discussion and debate. We would very much value your comments and suggestions.

Policy Briefs of TERI Title Date 1. Proliferation of Cars in Indian Cities: Let Us Not Ape the West June 2014 2. Climate Proofing Indian Cities: A Policy Perspective March 2014 3. India and Sustainable Development Goals December 2013 4. Engagement with Sustainability Concerns in Public August 2013 Procurement in India: Why and How 5. Shale Gas in India: Look Before You Leap June 2013 6. Petroleum Product Pricing Reforms in India: Are We March 2013 on the Right Track? 7. Enhancing Water use Efficiency of Thermal Power Plants December 2012 in India: Need for Mandatory Water Audits 8. Governance of Mining in India: Responding to Policy Deficits June 2012 9. Don’t Tinker with the Clock to Save Energy August 2011 10. India’s Coal Reserves are Vastly Overstated: Is Anyone Listening? March 2011 11. Critical Non-fuel Minerals Security: Why India Urgently Needs December 2010 to have a Policy in Place 12. Strengthening Agricultural Biotechnology Regulation in India September 2010

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