Legal Instruments on Rivers in India Vol II
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FOR OFFICE USE ONLY AWARDS OF INTER-STATE WATER DISPUTES TRIBUNALS CENTRAL WATER COMMISSION INTER STATE MATTERS DIRECTORATE-1 NEW DELHI JANUARY, 2018 PREFACE India has been endowed with considerable water resources through numerous small and large rivers. Some of the larger Indian Rivers like the Indus or the Ganga- Brahmaputra-Meghna are international rivers. These and most of the other rivers are the inter-State rivers. Of the total geographical area of India, approximately 95% of the area is under international or inter-State rivers. The water resources development of these rivers takes place within the legal framework of development of the inter-State rivers. A sufficient familiarity with this legal framework (that is both its generalities and the specifics of a particular problem) is therefore, an essential pre-requisite for anyone interested in Planning, Development, Operation and Management of water resources of these rivers. The basic legal instruments which need to be referred to in this context can be classified as:- 1. The Constitutional provisions relevant to inter-State rivers. 2. Treaties or agreements between India and other countries in regard to development of international rivers/ basins. 3. The Laws enacted by the Parliament in connection with the development, use and regulation of inter-State rivers. 4. The awards and the proceedings of the inter-State water disputes tribunals set up by the Central Government. 5. Notifications, Resolutions, Orders etc. issued by the Central Government in pursuance of the Laws or Tribunal awards, setting up agencies, machineries or procedures to deal with inter-State rivers, from time to time. 6. The various agreements, contract etc. reached by the State Govts., amongst or between themselves, in regard to inter-State rivers. This includes the various agreements amongst or between the princely States and Indian Provinces. Similarly, minutes of important inter-State meetings about the inter-State water problems, signed by the concerned parties which reflect agreed decisions. 7. Notifications, Resolutions, Orders etc. passed by Central Govt. or State Govts., in pursuance of inter-State agreements setting up agencies, machineries or procedures etc. to deal with inter-State rivers. Of the above various types of documents, some would be of more general interest to a large group of persons dealing with similar problems; others may be of rather limited interest. CONTENTS PART-I DECISION OF INTER STATE WATER DISPUTES TRIBUNAL PUBLISHED IN THE OFFICIAL GAZETTE 1 Forwarding letter of Krishna Water Disputes Tribunal-I 3 2 Final decision of Krishna Water Disputes Tribunal-I 4 3 Forwarding letter of Narmada Water Disputes Tribunal 21 4 Final decision of Narmada Water Disputes Tribunal 22 5 Forwarding letter of Godavari Water Disputes Tribunal 49 6 Final decision of Godavari Water Disputes Tribunal 50 7 Interim Order of Cauvery Water Dispute Tribunal 96 8 Forwarding letter of Cauvery Water Disputes Tribunal 102 9 Decision of Cauvery Water Disputes Tribunal 105 PART II DECISION OF INTER STATE WATER DISPUTES TRIBUNAL NOT PUBLISHED IN THE OFFICIAL GAZETTE 10 Reference of Ravi and Beas Waters Tribunal 111 11 Decision of Ravi and Beas Waters Tribunal 112 12 Decision of Krishna Water Disputes Tribunal-II 114 13 Interim Order of Vansadhara Water Dispute Tribunal 123 14 Decision of Vansadhara Water Dispute Tribunal 138 1 PART-I DECISION OF INTER STATE WATER DISPUTES TRIBUNAL PUBLISHED IN THE OFFICIAL GAZETTE 2 GOVERNMENT OF INDIA KRISHNA WATER DISPUTES TRIBUNAL D-27, New Delhi South Extension, Part-II, New Delhi. No. 18 (l)/76-KWDT. Dated the 27th May, 1976. To The Secretary to the Government of India, Ministry of Agriculture and Irrigation, (Department of Irrigation), NEW DELHI. SIR, The Krishna Water Disputes Tribunal investigated the matters referred to it under section 5(1) of the Inter-State Water Disputes Act, 1956 and forwarded its unanimous Report and decision under section 5 (2) of the said Act to the Government of India on the 24th December, 1973. Within three months of the aforesaid decision, the Government of India and the States of Andhra Pradesh, Karnataka and Maharashtra filed four separate references before the Tribunal under section 5(3) of the said Act. Vacancy in the office of a Member of the Tribunal was filled by fresh appointment made by the Government of India vide Notification No. S.O. 518(E), dated the 16th September, 1975. The Tribunal has prepared its further Report giving such explanations or guidance as it has deemed fit on the matters referred to it under section 5(3) of the said Act. The unanimous further Report of the Tribunal is forwarded herewith. Yours faithfully, (R. S. BACHAWAT). Chairman. (D. M. BHANDARI), Member. (D. M. SEN). Member. End: Report as above. 3 CHAPTER VII The Final Order set forth in Chapter XVI of the Original Report Vol. II pages 226- 233 modified in accordance with the explanations given by the Tribunal under section 5(3) of the Inter-State Water Disputes Act, 1956 is given below :— Final Order of the Tribunal The Tribunal hereby passes the following Order:— Clause I This Order shall come into operation on the date 1 of the publication of the decision of this Tribunal in the Official Gazette under section 6 of the Inter-State Water Disputes Act, 1956. Clause II The Tribunal hereby declares that the States of Maharashtra, Karnataka and Andhra Pradesh will be free to make use of underground water within their respective State territories in the Krishna river basin. This declaration shall not be taken to alter in any way the rights, if any, under the law for the time being in force of private individuals, bodies or authorities. Use of underground water by any State shall not be reckoned as use of the water of the river Krishna. Clause III The Tribunal hereby determines that, for the purpose of this case, the 75 per cent dependable flow of the river Krishna up to Vijayawada is 2060 T.M.C. The Tribunal considers that the entire 2060 T.M.C. is available for distribution between the States of Maharashtra, Karnataka and Andhra Pradesh. The Tribunal further considers that additional quantities of water as mentioned in sub-Clauses A(ii), A(iii), A(iv), B(ii), B(iii), B(iv), C(ii), C(iii) and C(iv) of Clause V will be added to the 75 per cent dependable flow of the river Krishna up to Vijayawada on account of return flows and will be available for distribution between the States of Maharashtra, Karnataka and Andhra Pradesh. Clause IV The Tribunal hereby orders that the waters of the river Krishna be allocated to the three States of Maharashtra, Karnataka and Andhra Pradesh for their beneficial use to the extent provided in Clause V and subject to such conditions and restrictions as are mentioned hereinafter. st 1 The order was Published in the Official Gazette on 31 May, 1976 4 Clause V (A) The State of Maharashtra shall not use in any water year more than the quantity of water of the river Krishna specified hereunder:— (i) as from the water year commencing on the 1st June next after the date of the publication of the decision of the Tribunal in the Official Gazette up to the water year 1982-83. 560 T.M.C. (ii) as from the water year 1983-84 up to the water year 1989-90 560 T.M.C. plus a quantity of water equivalent to 10 per cent of the excess of the average of the annual utilisations for irrigation in the Krishna river basin during the water years 1975-76, 1976-77 and 1977-78 from its own projects using 3 T.M.C. or more annually over the utilisations for such irrigation in the water year 1968-69 from such projects. (iii) as from the water year 1990-91 up to the water year 1997-98 560 T.M.C. plus a quantity of water equivalent to 10 per cent of the excess of the average of the annual utilisations for irrigation in the Krishna river basin during the water years 1982-83, 1983-84 and 1984-85 from its own projects using 3 T.M.C. or more annually over the utilisations for such irrigation in the water year 1968-69 from such projects. (iv) as from the water year 1998-99 onwards 560 T.M.C. plus a quantity of water equivalent to 10 per cent of the excess of the average of the annual utilisation for irrigation in the Krishna river basin during the water years 1990-91, 1991-92 and 1992-93 from its own projects using 3 T.M.C. or more annually over the utilisations for such irrigation in the water year 1968-69 from such projects. (B) The State of Karnataka shall not use in any water year more than the quantity of water of the river Krishna specified hereunder:— (i) as from the water year commencing on the 1st June next after the date of the publication of the decision of the Tribunal in the Official Gazette up to the water year 1982-83. 700 T.M.C. (ii) as from the water year 1983-84 up to the water year 1989-90 700 T.M.C. plus a quantity of water equivalent to 10 per cent of the excess of the average of the annual utilisations for irrigation in the Krishna river basin during the water years 1975-76, 1976-77 and 1977-78 from its own projects using 3 T.M.C. or more annually over the utilisations for such irrigation in the water year 1968-69 from such projects. (iii) as from the water year 1990-91 up to the water year 1997-98 700 T.M.C.