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The Inter-State River Water Disputes are one of the most contiguous issues in the Indian Federalism today. In the extreme cases, it may hamper the relationship between the different states. The recent cases of the Cauvery Water Dispute and the Satluj Yamuna Link Canal case are examples.
Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on water.
Entry 17 of State List deals with water i.e. water supply, Irrigation, canal, drainage, embankments, water storage and water power.
Entry 56 of Union List gives power to the Union Government for the regulation and development of interstate rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
ARTICLE 262 of Indian constitution: Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article 262 is mentioned in the constitution itself due to the sensitivity of such disputes. Parliament has enacted two laws according to Article 262:
The river boards act 1956
The act to provide for the establishment of River Boards for the regulation and development of inter-state rivers and river valleys empowers the Central Government, on a request received in this behalf from a State Government or otherwise, by notification in the Official Gazette, to establish a River Board for advising the Governments interested in relation to such matters concerning the regulation or development of an inter-State river or river valley or any specified part thereof.
The inter-state water disputes act 1956
If it appears to the Government of any State that a water dispute with the Government of another State has arisen or is likely to arise by reason of the fact that the interests of the State, or of any of the inhabitants thereof, in the waters of an inter-State river or river valley have been, or are likely to be, affected prejudicially it can request the Central Government under Section 3 of the Act to refer the water dispute to a Tribunal for adjudication.
Inter-state River Water Disputes (Amendment) Bill, 2017
(Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Water Resources, River Development and Ganga Rejuvenation, Ms. Uma Bharti, on March 14, 2017. The Bill seeks to amend the Inter-State River Water Disputes Act, 1956.
Disputes 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 Water Disputes Tribunal within a year of receiving such a complaint.
The Bill replaces this provision and requires the central government to set up a Disputes Resolution Committee (DRC), for resolving any inter-state water dispute amicably. The DRC will get a period of one year, extendable by six months, to submit its report to the central government.
Tribunal: The Bill proposes to set up an Inter-State River Water Disputes Tribunal, for adjudication of water disputes, if a dispute is not resolved through the DRC. This tribunal can have multiple benches.
- All existing Tribunals will be dissolved and the water disputes pending adjudication before such existing tribunals will be transferred to this newly formed tribunal.
- Under the Act, any water disputes tribunal 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 tribunal has to give its decision on a dispute within a period of two years. This period is extendable by a maximum of one year.
- Under the Act, if the matter is again referred to the tribunal by a state for further consideration, the tribunal 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 Tribunal: Under the Act, the decision of the tribunal 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.
- 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: Under the Act, the central government maintains a data bank and information system at the national level for each river basin. Under the Bill, the central government will appoint or authorise an agency to maintain a data bank and information system at the national level for each river basin.
- Additional rule -making powers: The Bill gives the central government powers to make rules in which water will be distributed during Stress situations arising from shortage in the availability of water.
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River Water Dispute Settlements Board
A River Water Dispute Settlements Board (RWDSB) is a body that is established to resolve disputes between countries over the use of shared Water Resources. The RWDSB can use a variety of methods to resolve disputes, including arbitration, conciliation, fact-finding, good offices, mediation, negotiation, and technical assistance.
Arbitration is a process in which a neutral third party (the arbitrator) makes a binding decision on the dispute. The arbitrator is selected by the parties to the dispute, and the parties agree to abide by the arbitrator’s decision. Arbitration is a relatively quick and inexpensive way to resolve a dispute, and it is often used in cases where the parties are unable to reach a negotiated settlement.
Conciliation is a process in which a neutral third party (the conciliator) helps the parties to reach a negotiated settlement. The conciliator does not make a binding decision on the dispute, but rather helps the parties to communicate and understand each other’s positions. Conciliation is often used in cases where the parties are willing to negotiate, but where they are unable to do so on their own.
Fact-finding is a process in which a neutral third party (the fact-finder) gathers information about the dispute. The fact-finder does not make a recommendation on how to resolve the dispute, but rather provides the parties with information that they can use to make their own decisions. Fact-finding is often used in cases where the parties are unable to agree on the facts of the dispute.
Good offices is a process in which a neutral third party (the good offices provider) offers to help the parties to resolve the dispute. The good offices provider does not make a binding decision on the dispute, but rather helps the parties to communicate and understand each other’s positions. Good offices is often used in cases where the parties are not ready to negotiate, but where they are willing to accept the help of a neutral third party.
Mediation is a process in which a neutral third party (the mediator) helps the parties to reach a negotiated settlement. The mediator does not make a binding decision on the dispute, but rather helps the parties to communicate and understand each other’s positions. Mediation is often used in cases where the parties are willing to negotiate, but where they are unable to do so on their own.
Negotiation is a process in which the parties to a dispute try to reach an agreement on their own. Negotiation is often the first step in resolving a dispute, and it can be used in any type of dispute. Negotiation is a voluntary process, and the parties are free to walk away from the negotiations at any time.
Regulatory framework is a set of rules and regulations that govern the use of water resources. The regulatory framework can be established by a government, an international organization, or a private organization. The regulatory framework can include rules on water allocation, water quality, and Water Pollution.
Settlement agreement is an agreement that is reached between the parties to a dispute. The settlement agreement can include a variety of provisions, such as the allocation of water resources, the management of water resources, and the resolution of future disputes.
Technical assistance is assistance that is provided to help the parties to resolve a dispute. Technical assistance can include the provision of information, the provision of training, and the provision of financial assistance.
The RWDSB can use any or all of these methods to resolve a dispute. The method that is used will depend on the specific circumstances of the dispute. The RWDSB is a valuable tool for resolving disputes over shared water resources. The RWDSB can help the parties to reach a negotiated settlement, and it can also help to prevent future disputes.
What is a river?
A river is a natural watercourse, flowing towards an ocean, sea, lake or another river. In some cases a river flows into the ground and becomes a subterranean river. A river is formed when water from rain or snowmelt accumulates in a low-lying area and begins to flow downhill. As the water flows, it erodes the land, creating a channel. The channel becomes deeper and wider over time, and the river becomes larger.
What is a water dispute?
A water dispute is a disagreement between two or more parties over the use of water. Water disputes can occur between individuals, businesses, governments, or even countries. The most common type of water dispute is over the allocation of water resources. Other types of water disputes include disputes over water quality, water pollution, and water rights.
What is a river water dispute settlement board?
A river water dispute settlement board is a body that is responsible for resolving disputes over the use of water from a river. River water dispute settlement boards are typically established by treaties or agreements between the countries that share a river. The boards are usually made up of representatives from the countries involved in the dispute.
What are the benefits of having a river water dispute settlement board?
There are several benefits to having a river water dispute settlement board. First, river water dispute settlement boards can help to resolve disputes peacefully. Second, river water dispute settlement boards can help to prevent disputes from escalating into violence. Third, river water dispute settlement boards can help to ensure that all parties involved in a dispute have a fair chance to be heard. Fourth, river water dispute settlement boards can help to develop solutions that are acceptable to all parties involved in a dispute.
What are the challenges of having a river water dispute settlement board?
There are several challenges to having a river water dispute settlement board. First, river water dispute settlement boards can be expensive to operate. Second, river water dispute settlement boards can be slow to make decisions. Third, river water dispute settlement boards can be difficult to enforce their decisions. Fourth, river water dispute settlement boards can be biased towards one party or another.
What are some examples of river water disputes?
Some examples of river water disputes include the Nile River dispute between Egypt and Ethiopia, the Indus River dispute between India and Pakistan, and the Mekong River dispute between Cambodia, Laos, Myanmar, Thailand, and Vietnam.
What are some solutions to river water disputes?
Some solutions to river water disputes include:
- Negotiation: Negotiation is a process in which the parties involved in a dispute try to reach an agreement by talking to each other.
- Mediation: Mediation is a process in which a neutral third party helps the parties involved in a dispute to reach an agreement.
- Arbitration: Arbitration is a process in which a neutral third party makes a decision about how to resolve a dispute.
- Litigation: Litigation is a process in which the parties involved in a dispute take their case to court.
What is the future of river water dispute settlement?
The future of river water dispute settlement is uncertain. Some experts believe that river water dispute settlement boards will become more important in the future, as the world’s Population continues to grow and demand for water increases. Other experts believe that river water dispute settlement boards will become less important in the future, as countries become more willing to cooperate with each other on water issues.
Which of the following is not a source of water?
(A) Rain
(B) Snow
(C) Rivers
(D) OceansWhich of the following is the largest river in the world?
(A) Nile
(B) Amazon
(C) Yangtze
(D) MississippiWhich of the following is the largest lake in the world?
(A) Caspian Sea
(B) Lake Baikal
(C) Lake Victoria
(D) Lake SuperiorWhich of the following is the largest aquifer in the world?
(A) Ogallala Aquifer
(B) Guarani Aquifer
(C) Artic Aquifer
(D) Nubian Sandstone AquiferWhich of the following is the most common type of water pollution?
(A) Sewage
(B) Industrial waste
(C) Agricultural runoff
(D) Oil spillsWhich of the following is the most effective way to reduce water pollution?
(A) Treat sewage before it is released into waterways
(B) Reduce industrial waste
(C) Reduce agricultural runoff
(D) All of the aboveWhich of the following is the most important factor in determining how much water a person needs?
(A) Body weight
(B) Activity level
(C) Climate
(D) All of the aboveWhich of the following is the best way to conserve water?
(A) Take shorter showers
(B) Fix any leaks in your home
(C) Water your lawn less often
(D) All of the aboveWhich of the following is the most important thing to do in the event of a water shortage?
(A) Conserve water
(B) Boil water before drinking it
(C) Collect rainwater
(D) All of the aboveWhich of the following is the most important thing to do to protect water resources?
(A) Reduce pollution
(B) Conserve water
(C) Use water wisely
(D) All of the above