Understanding Water Conflict A Study of Conflict among Farmers and between Farmers and Companies in the Godavari Watershed, Kathmandu Valley, Nepal M.Sc. Thesis by Ram Prasad Kafle Code: LAW-80439 September 2011 International Development Studies (MID) Communication, Technology and Policy (CTP) Law and Governance Group (LAW) Understanding Water Conflict A Study of Conflict among Farmers and between Farmers and Companies in the Godavari Watershed, Kathmandu Valley, Nepal Master thesis Law and Governance Group submitted in partial fulfillment of the degree of Master of Science in International Development Studies at Wageningen University and Research Centre, the Netherlands. Ram Prasad Kafle Registration Number: 750825-416-120 Email: [email protected] September 2011 Supervisors: Dik Roth (PhD) Bert Bruins Law and Governance Group (LAW) Irrigation and Water Engineering Group (IWE) Social Science Group Centre for Water and Climate Wageningen University and Research Centre Wageningen University and Research Centre The Netherlands The Netherlands http://www.law.wur.nl/UK/ http://www.iwe.wur.nl/UK/ II | P a g e Preface and Acknowledgements I have been attracted to natural resources management since my first master degree on Rural Development at Tribhuvan University in Nepal. Therefore, I decided to perform further research on the topic of rural drinking water in the Nepali hills for that master thesis. However, before this, I built up technical expertise regarding micro-hydro power in Nepal. Furthermore, during my working relationship with the Rural Village Water Resources Management Project (RVWRMP), functioning as a monitoring and evaluation officer, I was intrigued with water resource management and local level conflicts, arising while sharing water for drinking, irrigation and hydropower. For this MSc, before, I was thinking to carry out research related to conflict in the Melamchi inter-basin water transfer project that is going to transfer 170 MLD water from Indrawati basin to Bagmati basin of Nepal. That highly conflict affected project is financially supported by the Asian Development Bank (ADB). While staying a long time in Kathmandu valley, I personally also had faced a lot of problems involving water shortage. In the meantime, I came across Mr. Bidur Ghimire and Mr. Ram Chandra Bastakoti, post doctor fellow of AIT Thailand. Mr. Ghimire, who is also from the Godavari watershed area, suggested me to carry out research in water conflict and management between farmers and industries in the Godavari watershed area. The Godavari watershed area, as a peri-urban area, has been experiencing a rapid urbanization; hence it is facing a lot of problems due to the unmanaged urbanization and in-migration. Companies are transferring water away from local agriculture and drinking water and then selling it to Kathmandu city in the form of bottled water and tanker water, creating water shortage for drinking and irrigation. They are further benefiting from the current unclear and transitional political stage with a weak governance structure. After the suggestion of Mr. Ghimire, I came to know that not a single scholar and organization has carried out research on this theme at a scientific level, so far. Suddenly, I was intrigued by this topic and got my idea to go with this topic. During my research work, I have found very few studies carried out on local conflict caused by rural-urban water transfer. It may also be because the institutionalization of the water sector has been left untouched in Nepal since a long time. The nation’s focus has been on political reform since many years. Therefore, my main interest lies in discovering the issues and consequences of conflicts in rural development in this specific area. In addition to this, being a student of development policy with courses aligned towards water, it pushed me to think of combining my thesis with the Irrigation and Water Engineering Group (IWE). The socio-technical approach and interdisciplinary orientation of IWE group are the determinants for choosing IWE. I appreciate my supervisors Mr. Dik Roth from my mother chair group, Law and Governance (Law) and Mr. Bert Bruins from Irrigation and Water Engineering Group (IWE) for their acceptance to supervise me. Also, as a student of development studies, legal anthropological perspective is completely new discourse for me. I got a lot of theoretical and methodological insights while working with both of my supervisors. Moreover, I have been in close contact with Mr. Roth in many courses and assignments. Due to the different backgrounds of my supervisors, I got a lot of vital, constructive and cross cutting insightful comments since the beginning of the proposal preparation process to the writing of the thesis report. Their comments and suggestions helped me to analyze the water conflict scientifically. Without their support, this thesis would not have come to this stage. Hence, my sincere gratitude goes to both of my supervisors. I also extend my thanks to Mr. Janwillem Liebrand, a PhD III | P a g e researcher of Wageningen University for his advice and suggestions during my field work. Also, during my internship in India with SOPPECOM, I got a lot of practical insights on local water conflicts which are useful for this thesis, hence my sincere thanks goes to Mr. K. J. Joy. I am thankful to NUFFIC for awarding me a scholarship to do a two year's MSc in Wageningen University. Without the scholarship, this thesis would not have been possible. I would also like to express my sincere gratitude to Mr. Kari Leminen (former team leader) and Mr. Albert Grela (former HR/M&E Specialist) of my employer RVWRMP for their institutional and personal support for my study in the Netherlands. Furthermore, I appreciate both of the study advisors Ms. Sudha Loman and Ms. Sunny Morrison for their tremendous advices in study matters. In addition, this thesis is the outcome of the concerted efforts of many organizations and persons. I am unable to mention all of them here. However, I am, in addition grateful to: Mr. Shyam Ghimire, ex-VDC chairman of Badikhel VDC for his extensive informative support since the beginning of the proposal preparation to end up of this thesis. Mr. Ek Narayan Sharma Kafle, VDC secretary of Badikhel for his and his team’s support for me during my field work. Mr. Upendra Acharya of Gwalindaha youth club, respondents of both Badikhel and Godavari VDCs and Kathmandu valley (tanker water users and non-users), staffs of forestry office Badikhel, representatives of political parties of both VDCs, secretaries and assistant secretaries of Godavari, Harisiddhi, Thaiba and Imadol VDCs for their valuable information and support during my field work. Without their information, this thesis never has reached its current stage. Similarly, staffs of two brick industries Mr. Mahesh Khadka and Mr. Madhu Chalise, owners of bottled water companies of Badikhel VDC, Mr. Bishnu Prasad Acharya of the closed water tanker company of Badikhel, Mr. Ujjwal Shakya of Upatyaka Khanepani Tanker Byabasai Sangh for his participation in my interview providing me with valuable information for this thesis. Scholars of Nepal who have been working in the water research and development sector since a long time: Dr. Rajendra Pradhan, a renowned anthropologist and the dean of Nepa school, Dr. Bishnu Raj Upreti, regional coordinator of South Asia Regional Coordination Office, NCCR (North South), Mr. Dipak Gyawali, ex-minister for water resources and an interdisciplinary analyst, Dr. Prachanda Pradhan, Institutional Specialist and the founder member of FMIS Trust, Mr. Ajaya Dixit of ISET-N and NWCF, Dr. Upendra Gautam, CMS Nepal, Professor Ashutosh Shukla, Nepal Engineering College (nec) and Mr. Prakashmani Sharma, ED of Pro-Public and senior advocate for their invaluable suggestions, directions, theoretical discussions, reference materials and support during the field work in Nepal. Similarly, Dr. Ruth Meinzen-Dick, IFPRI for sending some literature in reference to my email request. Mr. Bhola Nath Dhakal, lecturer of Bhaktapur Campus, Nepal for providing maps and geographical information of the Godavari watershed area. My colleagues Mr. Harmen Mijnen and Mr. Gerald Atampugre for editing English language of the thesis. I have dedicated this thesis to my family; my wife Shanta, daughter Jagriti and son Aabiskar. My wife for her inspiration for this MSc study, taking care of our kids, bearing responsibilities and sacrifice during my absence. Similarly, my children for their sacrifice during my two year's absence from them. In addition, I am thankful to Mr. Prakash Pandey and Ms. Bhagawati Pandey, my brother-in-law and sister-in-law respectively for their informative support during my write up period. IV | P a g e Abstract Water conflict between farmers and companies has profound influence on the livelihood and social harmony of the people of the Godavari watershed. Use of water is contested because of growing pressures on water use. This study explores the current water sharing (allocation) rules, regulations, practices and strategies of farmers and companies, to secure and defend their water rights in the Godavari watershed area of Kathmandu valley. Growing population and expansion of economic activities escalate pressure on water resources in the valley in an overall context of plural water rights and unstable political conditions. The main objective of the study is to find out the issues and nature of water conflict among farmers as well as between farmers and companies (brick, bottled water and water tanker). Results show that companies are forcibly transferring water away from agriculture, creating or increasing water shortage for irrigation and local drinking water supply. The study further analyzes and discusses the conflicting views on the bundles of water rights, power relationships among water users and how these lead to the conflict. Central to the conflict is the difference between state laws and customary laws based on the prior appropriation and prioritization of water use.