MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE NOTE. No.18/LN/Ref./July/2017

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1 MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE NOTE No.18/LN/Ref./July/2017 For the use of Members of Parliament NOT FOR PUBLICATION 1 THE INTER-STATE RIVER WATER DISPUTES (AMENDMENT) BILL, 2017 Prepared by Dr. Jayadev Sahu, Additional Director ( ) and Shri Sai Ram C.V., Junior Library Assistant of Lok Sabha Secretariat under the supervision of Shri Atul Kaushik, Additional Secretary, Smt. Kalpana Sharma, Joint Secretary and Smt. Anita Khanna, Director. The reference material is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication. This Service is not to be quoted as the source of information as it is based on the sources indicated at the end/in the text.

2 THE INTER-STATE RIVER WATER DISPUTES (AMENDMENT) BILL, Introduction On account of increase in demand for water by the States, the inter-state river water disputes are on the rise. The Inter-State River Act, 1956 (33 of 1956) provides for a legal framework to address inter-state river water disputes. Under the said Act, a separate has to be established for each inter-state river water disputes. Further, there is no provision in the Act fixing time limit for adjudication by a or for any upper age limit for the Chairman or a Member of a. There is no mechanism for continuation of work on occurrence of any vacancy in the office of the Chairman or a Member of a nor is there a time limit for publishing the report of the. All these are causing delay in the adjudication of water disputes. The Inter-State River (Amendment) Bill, 2017 seeks to amend the Inter-State River Act, 1956 to streamline the adjudication of inter-state river water disputes and make the present legal and institutional architecture robust. Highlights of the Bill Dispute Resolution Committee: Under the Act, when a complaint is received from a State Government regarding a water dispute, the Central Government may ask the affected States to undertake negotiations to settle the dispute. If the dispute cannot be settled through negotiations, the Central Government has to set up a within a year of receiving such a complaint. The Bill replaces this provision and requires the Central Government to set up a Resolution Committee (DRC), for resolving any inter-state water dispute through negotiation before such dispute is referred to the. The DRC will get a period of one year, extendable by six months, to submit its report to the Central Government. 1 The Inter-State River (Amendment) Bill, 2017 was introduced in Lok Sabha on14 March, 2017

3 2 Members of DRC: Members of the DRC will be from relevant fields, as deemed fit by the Central Government. : The Bill proposes to set up a single standing Inter-State River instead of multiple tribunals, for adjudication of water disputes, if a dispute is not resolved through the DRC. This can have multiple benches. All existing s will be dissolved and the water disputes pending adjudication before such existing s will be transferred to this newly formed. Composition of the : The tribunal shall consist of a Chairperson, Vice-Chairperson, and not more than six members, nominated by the Chief Justice of India. The Central Government may appoint two experts serving in the Central Engineering Service not below the rank of Chief Engineer as assessors for each water dispute to advise the Bench in the proceedings before it. Time allotted to to take it decisions: Under the Act, any water disputes has to give its decision on a dispute within a period of three years. This period is extendable by a maximum of two years. Under the Bill, the proposed has to give its decision on a dispute within a period of two years. This period is extendable by a maximum of one year. Thus the total time period for adjudication of a water dispute has been fixed at a maximum of four and half years (DRC will get one year and extendable by six months, to submits its report). Under the Act, if the matter is again referred to the by a state for further consideration, the has to submit its report to the Central Government within a period of one year. This period of one year can be extended by the Central Government for such a period as it may consider necessary. The Bill amends this to specify that the extension may be up to a maximum of six months. Decision of the : Under the Act, the decision of the must be published by the Central Government in the official gazette. After publication, the decision has the same force as that of an order of the Supreme Court.

4 Under the Bill, the requirement of publication in the official gazette has been removed. The Bill also adds that the decision of the Bench of the tribunal will be final and binding on the parties involved in the dispute. This decision will have the same force as that of an order of the Supreme Court. Maintenance of Data Bank and Information: The Bill also provides for transparent data collection system at the national level for each river basin and for this purpose, an agency to maintain databank and information system shall be appointed or authorised by the Central Government. Present Status of Inter-State River The Central Government has, so far, set up eight tribunals to settle water disputes among the States under the Inter-State River (ISRWD) Act, Presently there are five Inter-State water disputes subjudice under. The details are given in the Annexure. The Government of Bihar sent a request on 27 November 2013, under provision of ISRWD Act, 1956 to the Ministry of Resources, River Development & Ganga Rejuvenation for constitution of a for adjudication of river water disputes related to Sone basin. Negotiations were carried out by Chairman, Ganga Flood Control Commission and Chairman, Central Commission with the States of U.P. and Bihar. It has been agreed that the two States of U.P. and Bihar would meet periodically and try to solve the issue bilaterally. The dispute has since been settled. Odisha has also filed complaint under Section 3 of ISRWD Act, 1956 in 2016 with respect to Mahanadi basin and the Central Government has constituted a Negotiation Committee for settlement of the dispute through negotiation. The first meeting of the Committee was held on which was attended by all basin States except Odisha. In the meeting it was felt that there is a need for proper and scientific assessment of the yield of the basin and accordingly it was decided to collect the relevant data in a time bound manner. 3

5 Annexure Status of Inter-State water disputes over the sharing of river water under s 2 S. Name of No 1 Godavari 2 Krishna -I 3 Narmada 4 Ravi & Beas 5 Cauvery States concerned Maharashtra, Pradesh, Madhya Pradesh &Odisha Maharashtra, Pradesh, Rajasthan, Madhya Pradesh, Gujarat and Maharashtra Punjab, Haryana and Rajasthan Kerala, Tamil Nadu and Puduchery Date of Present Status constitution April, 1969 Award given in July, 1980 April, 1969 Award given in May, 1976 October, 1969 Award given in December, 1979 April, 1986 Report and decision under section 5(2) given in April, Clarification/explanation sought from the under Section 5(3) of the said Act by the party States. Presidential Reference 1 of 2004 was made on the Punjab Termination of Agreements Act, The Hon ble Supreme Court has pronounced the judgement on Presidential Reference in negative. Further, Government of Haryana has filed IA No. 6 of 2016 in OS No. 6 of 1996 in the matter. The matter is subjudice. June, 1990 Report and decision given on which was published vide Notification dated Further, report of CWDT u/s 5(3) of the Act is awaited. The party States have also filed Civil Appeals against the order of CWDT dated before the Supreme Court. Supreme Court has passed a judgement dated on the admissibility of Civil Appeals filed by the party States and upheld the maintainability of the Civil Appeals. 2 Reply to Rajya Sabha Unstarred Question No. 2871, dated 27 March 2017.

6 S. No Name of 6 Krishna -II 7 Vansadhara 8 Mahadayi States concerned Telengana, Pradesh and Maharashtra Pradesh &Odisha Goa, Karnataka and Maharashtra Date of Present Status constitution As such the matter is subjudice. April, 2004 Report and decision given on Further report given by the on However, as per Supreme Court Order dated , till further order, decision taken by the on references filed by States and Central Government shall not be published in the official Gazette. As such, matter is sub-judice. Term of the has been extended for a further period of two year w.e.f. 1 st August, 2014, and thereafter for a further period of one year w.e.f , to address the terms of reference as contained in section 89 of Pradesh Reorganisation Act, The matter is under adjudication in the. The Government of Telengana has filed a SLP of 2014 and WP(C) 545 of 2015 in the Hon ble Supreme Court in the matter. The February, 2010 However, as per the Supreme Court order the date of reckoning of the constitution of the is w.e.f November, 2010 However, vide notification dated date of reckoning of the constitution of the is w.e.f matter is thus sub-judice. Report and decision not given by the. Vansadhara in its Interim Order dated has directed to constitute a 3-member Protem Supervisory Flow Management and Regulation Committee on River Vansadhara to implement its Order. State Govt. of Odisha has filed Special Leave to Appeal (Civil) No.3392 of 2014 with regard to the Vansadhara Judgement dated The matter is sub-judice. Report and Decision yet to be submitted.