Out of India''s 18 major rivers, 17 are inter-state rivers. All are embroiled in conflicts over sharing of water. And in no case a viable solution is to be found.
It is time for the ministry of
water resources to pay heed to traditional methods of resolving water related disputes.
Existing water agreements between states go by the quantum (volume) of water. This creates a difficult situation when the flow of water is less, but downstream states insist on the agreed amount. We need to allocate time instead - this method allows for
local management of a fluctuating supply without creating storage structures (such as dams) at the local level.
In
times of scarcity, we should quantify water availability and demand before embarking on water distribution. Depending on local topography and needs, water
distribution should always start from downstream to upstream, but in an equitable way. In inter-state water disputes, there are no such provisions. The problems of each state and river are unique, and a solution in one case may not be feasible in another. The problem with the existing formulae is that they are neither dynamic nor practical.
These customary practices and unwritten codes need to be validated into formal law.
In the Indian federal structure, water
disputes can only by resolved by tribunals, but these take time and usually operate with fixed terms of reference, leaving little scope for innovation or compromise. Besides, these
tribunals have not stood the test of time. They are bad at dispute resolution and they ignore community needs. Many disputes stretching back to colonial times are still going on!
In India today,
rivers are still being managed in terms of colonial agreements. The codes that were laid down between the British government and the princely states are still being followed. Even though water supplies, irrigation canals, drainage and embankments come in the state list, no state has been given a free hand in respect of rivers. This could be why sharing of the Cauvery and the Krishna river waters have turned into major political disputes.
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