The Union Cabinet has given its nod to set up a single, permanent tribunal to adjudicate all inter-state river water disputes, subsuming existing five, with an aim to resolve grievances of states in a speedy manner.

Union Minister Prakash Javadekar said water tribunals have taken anything from 17 to 27 years to resolve disputes.

The Inter-State River Water Disputes (Amendment) Bill, 2019, seeks to amend the Inter State River Water Disputes Act, 1956, with a view to streamline the adjudication of inter-state river water disputes and make the present institutional architecture robust.

The constitution of a single tribunal with different benches along with fixation of strict timelines for adjudication will result expeditious resolution of disputes relating to inter-state rivers.

When any request under the Act is received from any state government in respect of any water dispute on the inter-state rivers and the central government is of the opinion that the water dispute cannot be settled by negotiations, the central government constitutes a Water Disputes Tribunal for the adjudication of the water dispute.

Features of the new tribunal

As per an earlier Bill, a retired Supreme Court judge will head the tribunal. There will be benches formed as and when required. The benches though will be wound up once a dispute is resolved.

The standalone tribunal so envisaged will have a permanent establishment and permanent office space and infrastructure so as to obviate with the need to set up a separate tribunal for each water dispute, a time consuming process.

The tribunal shall investigate the matters referred to it and forward to the central government a report setting out the facts as found by it and giving its decision on the matters referred to it within a period of three years.

In order to give more teeth to the tribunal, it is proposed that whenever it gives order, the verdict gets notified automatically.

As per the current provisions of the 1956 Act, a tribunal can be formed after a state government approaches the Union government with such a request and the Centre is convinced of the need to form the tribunal.

A dispute resolution committee will be set up for resolving the dispute amicably. It will try to resolve a water dispute by negotiations within a period of one year.

Background

All the major river basins and some among the medium river basins are of inter-state nature. As the development of projects by one state on an inter-state river may affect the interests of other basin states, inter-state differences arise with regard to use, distribution and control of water of river basins.

Constitutional provisions

*Entry 17 of State List deals with water supply, irrigation, canal, drainage, embankments, water storage and water power.

*Entry 56 of Union List empowers the Union government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.

*Article 262 of the Constitution deals with adjudication of water disputes. It says: Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-state river or river valley.

Active river water dispute tribunals

Krishna Water Disputes Tribunal II (2004) - Karnataka, Telangana, Andra Pradesh and Maharashtra

Mahanadi Water Disputes Tribunal (2018) - Odisha and Chhattisgarh

Mahadayi Water Disputes Tribunal (2010) - Goa, Karnataka and Maharashtra

Ravi & Beas Water Tribunal (1986) - Punjab, Haryana and Rajasthan

Vansadhara Water Disputes Tribunal (2010) - Andhra Pradesh and Odisha.