Report

SUMMER PLACEMENT SCHEME
(2011)
WATER GOVERNANCE AND COMMUNITY BASED MANAGEMENT OF WATER RESOURCES IN WEST- BENGAL
PREPARED AT:
PREPARED BY: ARUNIMA JHA B.A.LL.B(Hons.)
SUPERVISED BY: MR. M. K. DE
TABLE OF CONTENTS
1. Introduction.Pg7 2. Scope of this Document & Methodology Adopted.Pg9 3. Purpose of this Document..Pg10 4. Water as a Natural Resource and Economic Good..P11 5. Decentralization And ParticipationPg12 6. History of Pani Panchayat in IndiaPg14 7. Status Of Participatory Irrigation Management: Policy Initiatives & Emerging IssuesPg16 7.1.Objectives Of PIM...........Pg16 7.2.Necessity Of PIMPg17 7.3.Provision In National Water Policy.........Pg18 7.4.Provisions In PIM Act.........Pg18 8. Function Of WUAs........Pg19 9. Law Enabling WUA..Pg20 9.1) 9.2) WUA As A Legal EntityPg22 Basic Facts About And Objectives Of WUAPg23
10. Mentoring And Troubleshooting.Pg23 11. Financial Viability Of WUAs..Pg24 12. Viability And Entitlements Of Water..Pg26
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13. Questionnaire Conducted With WRIDD And Data Collected From The Nadia DistrictPg27 14. Conclusion And RecommendationsPg35 15. References...Pg38
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ABBREVIATIONS
1. ADBAsian Development Bank 2. FA...............Farmer Association 3. Govt..Government of India 4. M&E...............Monitoring and Evaluation 5. NGO...............Non-governmental Organization 6. PIM..Participatory Irrigation Management 7. WRIDD..Water Resources Investigation and Development Department 8. WU.Women Union 9. WUAWater User Association 10. BCBeneficiary Committee 11. DTWDeep Tube Well 12. GOWB.Government of West Bengal 13. GP....Gram Panchayat 14. HDTWHeavy Duty Tubewell 15. LDTW..Light Duty Tubewell 16. MDTW....Medium Duty Tubewell 17. MOU...Memorandum of Understanding 18. SCASpout Command Area
CANDIDATES DECLARATION
I hereby declare that the work presented in this project titled Water Governance and Community Based Management of Water Resources in West- Bengal submitted towards completion of Summer Placement Scheme at Natural Resource Management Centre (NRMC), National Bank for Rural & Agriculture Development (NABARD), Kolkata. It is an authentic record of my original work pursued under the guidance of Mr. M. K. De. I have not submitted the matter embodied in this project for the award of any other degree.
(Arunima Jha) Place: Kolkata ------------------------------------------------------------------------------------------------------------
CERTIFICATE
This is to certify that the above declaration made by the candidate is correct to the best of my knowledge and belief.
SIGNATURE: (Mr. M. K. De)

ACKNOWLEDGEMENT:
I express my deepest gratitude to Natural Resource Management Centre (NRMC), NABARD, for providing me with the internship. I express my sincere thanks to Smt. T. S. Raji Gain, General Manager, NRMC for her great support and advise. I am also very grateful to my immediate supervisor Mr. M K. De, AGM, NRMC for his invaluable support and guidance and for being instrumental in the completion of the project with his complete guidance. Finally, I take this opportunity to extend my deep appreciation to my family and friends, for all that they meant to me during the crucial times of the completion of my project.
1. Introduction
A Water User Association (WUA) is a co-operative association of individual water users who wish to undertake water-related activities for their mutual benefit. The specific nature of the service that a WUA provides will differ from case to case: as the name suggests, a water user association is an institution that serves its members. Because member needs will differ from one area to another, a WUA is normally established in response to the aspirations of its members. That is, its design conforms to their specifications. A WUA may be established for a range of activities including stream flow reduction, treatment of effluent and waste and its disposal and control the use of water for recreational and/or environmental purposes. Upon establishment, a WUA will carry out its principal functions as contained in its constitution. Alongside its principal functions, a WUA may have a range of other functions that affect its structure and management. In terms of the National Water Act, such functions may be performed only if they do not limit the capacity to perform the organizations principal functions or financially prejudice the institution and its members. A common example of such an ancillary function is the provision of management services and training to water services institutions and rural communities. An additional example, which is explored in some detail in this document, is the use of a WUA as an institution through which the empowerment of the poor can be facilitated by boosting agricultural production. Soon after independence when dams and reservoirs were considered the modem temples for development, very little was done to consult and comply with the needs of the user community. It was in 1987 when the National Water Policy advocated Participation of users as one of the instruments for achieving the goal in water resources sector. Under the World Conference on Science (2001) declaration of the follow-up activities suggested under Section 1.2 of the Science Agenda Frame work for Action indicate through participatory mechanisms involving all relevant sectors and stakeholders, governments should identify the needs of the nation and give priority to support for the public research needed to achieve progress in the various fields, ensuring stable funding for the purpose. Also Section 2.3 highlights Research specifically aimed at addressing the basic needs of the population to be given a priority. Even though participation existed in several Natural resources management sector at various levels, the formalization o f the process of participation commenced with the External-funded projects. At present there are several organizations to ensure participation at various forms and levels through-out the country. While the success of such organizations in implementing a project is highlighted, the present status of such organizations and their future are not known. The West Bengal Act, 2005 though has several reservations on this subject; clearly is a positive step towards involving user participation and recognition of the same by the state.
In this attempt an effort is made to compile the various types of water users association that exist in the state of West Bengal, highlight its strength and weakness and bring about a wise practice document on the subject. While WUAs are ideally both wholly controlled by and accountable to their members, they also impact upon the overall quantity and quality of the water resources in the area in which they are located. The activities of one WUA may impact upon those of another WUA situated further downstream, so that there is also a need to plan the utilization of the resource amongst WUAs. This introduces a new element to the management of WUAs, namely that the manner of control of water resources utilization within a WUA can be seen as the basic building block of a broader (sub)catchment management strategy. It is also often argued that the handover of system management to actors in civil society will give actors a stake in the creation of an efficient system. Thus, it is argued, user-managed WUAs as proposed by the National Water Act hold the potential to become more efficient than state-managed WUAs. For users, partnering with the state in the management of WUAs means access to state resources such as grants and subsidies, as well as influence over the management of water resources at a higher level than that of the WUA. In the case of developmental WUAs, partnering with the state can provide access to knowledge through state sponsored capacity building efforts. This can lead to increased independence in the long term as members become less dependent of external support for the management of their service. There are thus significant advantages to members of WUAs and to government officials in seeing WUAs as an interface between the state and society rather than an organization that serves the interests of one of the two parties only. Internationally, the last two decades have seen a rapidly growing number of countries transferring the management of previously state managed irrigation systems to users 1. Many countries strove for a complete management transfer coupled to complete state withdrawal. However, there is now growing international evidence of the need for continued albeit significantly reduced state support to WUAs especially in the context of developmental WUAs. WUAs differ enormously from one another in their geographical scale of operation. One reason for this is that they are often federated upward in up to three tiers, each of which covers an area of operation of an entirely different order and performs substantially different functions for its members or member organizations. Another reason is that the size of member landholdings can differ substantially from one area to another.
This process is known as Irrigation Management Transfer, or IMT.
2. Scope of this document & Methodology Adopted:

This document aims to provide the preliminary guidelines to explain establishment, powers and disestablishment of water user associations. Although water user associations are water management institutions their primary purpose, unlike catchment management agencies is not water management. They operate at a restricted localized level, and are in effect co-operative associations of individual water users who wish to undertake water related activities for their mutual benefit. A water user association may exercise management powers and duties only if and to the extent these have been assigned or delegated to it. The functions of water user association depend on its approved constitution, which can be expected to confirm to a large extent to the model constitution in Schedule 5. This Schedule also makes detailed provisions for the management and operation of water user association. Although water user associations must operate within the framework of National Policy and standards, particularly the national water resource strategy, the minister may exercise control over them by giving them directives or by temporarily taking over their functions under particular circumstances. Existing irrigation boards, sub-terranean water control boards and water boards established for stock watering purposes will continue in operation until they are re-structured as water users associations. The adopted approach was based on qualities and quantities to measure the following indicators: 1. The first one is the satisfaction of farmers based on the quality of service; the attributed were identified to reflect the satisfaction of farmers through a questionnaire. 2. The second indicator is the water users association performance, which includes distribution, efficiency and number of penalties in WUA which has been recorded in different directorate. The data was collected through meetings with the groups in the study area and after clarifying the objectives of the study. However, it should be mentioned that in general all topics got good results, noting that there should not be an inter-comparison between different regions due to the specificity of each region in terms of its work conditions and circumstances. The paper is structured into three sections. Accordingly, Section one provides a brief review of the national water policies of 1987 and 2002, followed by a detailed discussion on the water policies/water sector reforms in the state of West Bengal. Section two makes a critical assessment of the policies of West Bengal with respect to its response and sensitiveness in addressing the water sector challenges as discussed above. Section three sums up the paper by posing some important concerns needing further discussion and empirical investigation for a better understanding of the dynamic space within which these policy instruments and regulatory regimes. The methodology used in the paper is to review and document the important policy and regulatory interventions and legislative processes as prevalent or being proposed in West Bengal state in recent times in particular. The paper largely draws on the available empirical literature pertaining to water sector reforms and case studies as undertaken in India by various agencies and individual researchers as the case may be. The choice of such a methodology is deliberate as the paper envisages evolving a well-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO9
founded analytical perspective for understanding the entire dynamics at work in the making of water sector policies and working of regulatory regimes in varied contexts in India.
3. Purpose of this document

As the title indicates, the central goal of this document is to clarify policy with respect to the governance and management of WUAs. Three sets of needs triggered its emergence: a) The need to answer the question how developmental WUAs fit into the broader context of WUA management; b) The need for policy support to regional offices in terms of criteria for the establishment and operation of WUAs. This includes clarification of the minimum requirements for WUA constitutions and business plans; c) The need for clarification of the nature of support provision in the realm of capacity building, awareness raising and skills transfer within and to developmental WUAs. Broadly speaking these three groups of policy issues can be divided into two broad categories, namely the support that is required prior to the establishment of WUAs or transformation of irrigation boards into WUAs, and the support that is required to ensure their continued operation. Section six of this document treats the support that is required prior to establishment, and section seven deals with the requirements for operational sustainability. Before proceeding with these sections, however, two central issues need to be clarified. The first issue relates to the question of cooperative governance: in clarifying policy on WUAs the question needs to be asked how support for WUAs fits into the existing support programmes of other government departments. The second issue relates to the function of WUAs and how they link in to higher tiers of water management institutions. In order to clarify policy on support provision to WUAs, it is necessary to make clear distinctions between the functions of WUAs and those of higher tiers of water management. A visit was undertaken by the Internee, Assisstant Engineer Office at Bethudahari, West Bengal to Projects being implemented under the Nakasipada district of West Bengal. The visit comprised of focused group discussions with the representatives of Water UsersAssociation (WUA),field visit in the command area, meetings with farmers and interaction with the Officers of line departments implementing the Projects. The farmers are aware that maintenance of field channels, equitable water distribution, operation and maintenance of minors, realization of revenue, etc. are to be implemented by the WUA in a Participatory Irrigation Mode (PIM).
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4. Water as a Natural Resource and Economic Good

The first central principle that is guiding the reform process is that all uses of water should be seen from the perspective of its economic value because the absence of an economic perspective in the past explains existing unsustainable uses of water 2 . As a result, the emphasis is on water as a natural resource, which must be harnessed, to foster the productive capacity of the economy, from irrigation water for agricultural production to water for hydropower. Thus, the National Water Policy laments the fact that an insufficient percentage of water is currently harnessed for economic development and even calls for non-conventional methods of water utilization such as inter-basin water transfers and seawater desalination as large-scale, high technology solutions to improve overall water availability 3. This message is also found in the recent draft World Bank report stressing out that India has not developed enough big water infrastructures. 4 Beyond the relatively old characterization of water as a natural resource, the underlying proposition for water sector reforms is that water is to be seen as an economic good. This implies an important shift in terms of the rights of control over and access to water. In fact, this leads to a complete policy reversal from the perspective that water is a public trust to the introduction of water rights and the possibility to trade water entitlements. As such, water related rights are not new and there is already a vast corpus of law related to control over water. This includes, for instance, the absolute rights that the state may claim over water. 5 This also includes the rights and privileges that common law principles bestow over landowners. The novelty introduced by the reforms is that water rights are now created in favor of water users. 6 These rights are the necessary premise for participation in the management of water resources, for the setting up of water user associations and for the introduction of trading in entitlements. 7 Another important change brought about by the notion that water is an economic good is that all water services must be based on the principle of (full) costrecovery. 8 In a situation where the provision of drinking and domestic water as well as irrigation water is substantially subsidized, this implies a significant policy reversal. At the national level, the policy is now to make water users pay at least for the operation and maintenance charges linked to the provision
See, e.g., Dublin Statement on Water and Sustainable Development, International Conference on Water and the Environment, Dublin, 31 January 1992.
3
Section 3(1-2), National Water Policy, 2002.
John Briscoe & R.P.S. Malik, Indias Water Economy: Bracing for a Turbulent Future (New Delhi: The World Bank and Oxford University Press, 2006).
5
See, e.g., Section 26, Madhya Pradesh Irrigation Act, 1931 and Section 3, Madhya Pradesh Regulation of Waters Act,
1949.
6
See, e.g., Section 17(1)d, Uttar Pradesh Water Policy, 1999. Section 4(2), Maharashtra State Water Policy, 2003.
See, e.g., World Bank, India Water Resources Management Sector Review Report on the Irrigation Sector (Report No. 18416 IN, 1998).
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of water. 9 This strategy is already being implemented in the context of irrigation water where farmers are made to pay for operation and maintenance costs. 10 This has also been introduced under the Swajaldhara guidelines, which suggest that water users have to take up partial responsibility for the capital cost of new drinking water infrastructure and full responsibility for operation and maintenance. 11 The notion of cost recovery is directly linked to the environmental component of water sector reforms. Indeed, they are conceived as part of a single strategy. 12 Further, cost recovery is, for instance, seen by the Asian Development Bank as the first instrument for conserving water. 13
5. Decentralization and Participation:
Water sector reforms are also based on the need to foster decentralization and participation that involves water users. 14 This is meant to provide a framework for decentralizing decision-making to the lowest level and to allow beneficiaries and other stakeholders to be involved from the project planning stage. 15 The rationale for decentralization is the perceived inability of the state to deliver appropriate benefits. The state is thus called upon to change its role from that of a service provider to that of a regulator. 16 In the case of irrigation, for instance, this implies transferring part or full control of irrigation systems to users by both allowing them and forcing them to take responsibility for the upkeep of irrigation systems as well as for the financial costs involved and for sharing the water allocated among themselves. 17 In principle, participation is conceived as an umbrella term that covers participation from policy planning and project design to the management of water infrastructure. In practice, the focus is on participation at the tail end of the process. In fact, the word participation is some sort of a misnomer. On
9
See, e.g., Section 11, National Water Policy, 2002.
See, e.g., World Bank, India Water Resources Management Sector Review Report on the Irrigation Sector (Report No. 18416 IN, 1998).
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10
Section 3(1), Ministry of Rural Development, Guidelines on Swajaldhara, 2003. Section 2(b), World Bank, Water Resources Management (OP 4.07, February 2000).
12
See Section E, Asian Development Bank, Water for All The Water Policy of the Asian Development Bank (2003) whose first sub-section number 43 is entitled cost recovery. Dublin Statement on Water and Sustainable Development, International Conference on Water and the Environment, Dublin, 31 January 1992.
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15
See, e.g., Section 6(8), National Water Policy, 2002. Section 37, Asian Development Bank, Water for All The Water Policy of the Asian Development Bank (2003). See, e.g., Section 17(1), Uttar Pradesh Water Policy, 1999.
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the one hand, what is envisaged is not so much the possibility for farmers and users to participate in taking decisions affecting them but the blanket imposition of a new system of local water use and control scheme based on commercial principles even where there may be successful systems of water governance already in place. On the other hand, the participation, which is envisaged at the local level, is not the participation of everyone using water. With regard to irrigation, the focus has been on land ownership and occupation as a basis for governing the use and control of water. With regard to drinking water, new measures put the ability to pay as the governing principle. Both measures are likely to reinforce existing inequalities in access to water. Two different types of measures have been introduced to foster participation with regard to irrigation water and drinking water. The rest of this section examines water user associations set up to foster participation in irrigation and Swajaldhara, a scheme devised to foster participation of users in drinking water provision. Water user associations schemes (WUAs) have been introduced in different forms in different parts of the country and different areas of the world. However, a number of common characteristics can be identified in many schemes. This includes the fact that WUAs are meant to be governed and controlled by people that both pay for the services the association offers and receive benefits. WUAs are not commercial entities but they have to be financially independent and therefore need to receive an income that is sufficient to allow them not to go bankrupt. Further, WUAs are in most cases subject to regulatory control by the state because they are deemed to provide a service of benefit to the public. 18 The setting up of water user associations (WUAs) has been taken up with increasing intensity over the past decade and a number of states have introduced WUA legislation. These range from Andhra Pradesh and Madhya Pradesh to Orissa and Rajasthan. 19 These acts have been adopted at different points in time and the schemes proposed have evolved over time even though the basic principles are fairly similar in each situation.
See Stephen Hodgson, Legislation on Water Users, Organizations A Comparative Analysis (Rome: FAO, FAO Legislative Study 79, 2003).
18
Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997; Madhya Pradesh Sinchai Prabandhan Me Krishakon Ki Bhagidari Adhiniyam, 1999; Orissa Pani Panchayat Act, 2002 and Rajasthan Farmers Participation in Management of Irrigation Systems Act, 2000.
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6. History of Pani Panchayat in India:

The concept of Pani Panchayat in India had started on the background of the severe drought of 1972 that affected nearly four lakh people in the state of Maharashtra. Realizing the gravity of the situation, Vilasrao Salunkhe, popularly known as Pani Baba, made a valiant attempt to transform the rural landscape into better ecological and social sustainability. After having an extensive travel across the state, he realized that the solution to environmental regeneration and watershed development lies with the total participation of the community to overcome the hazardous situation. He initially tried his ideas of watershed development on a plot of 16 hectare in hillside of Naigaon village in Purandhar block. A series of contour bounds were raised to trap water and check soil erosion. At the base of the hill slope, a percolation tank to store rainwater was constructed while a well was dug below it to pump water from there to the hill slope for irrigation. The result of the effort paid off as there was a gradual increase in the crop productivity and employment generation. The Naigaon experiment was ready for duplication in other parts of the state. Water had to be treated as common property resource with all villages having equal rights and access to it. This apart, a forum of industrial technologist was organized under the leadership of Salunkhe in western Maharashtra to deal with the drought situation. The group, during its tour around the droughtprone areas, found that only collective action could help alleviate the effect of drought. Since Maharashtra being a hard rock aquifer region, ground water was not plenty in supply to enable the farmers to have irrigated well. The water impounded in the percolation tanks was to be utilized and the natural feasibility was to get a group organized to share ground water. As the first step in the process, a trust under the name Grama Gaurav Pratisthan (GGP) was initiated steps for the work. The objectives of the GGP gave rise to certain principles in water sharing. Keeping this in view, Salunkhe started a farmers cooperative lift irrigation scheme. According to Salunkhe, five basic principles that guide water rights and access to Pani Panchayat schemes are as follows: 1. Irrigation schemes are undertaken for groups of farmers, rather than for individuals. 2. Water is allocated on the basis of number of members in a family, rather than in proportion to the land holding. 3. A family unit of five is given water rights for irrigation of one hectare of land. 4. Cropping is restricted to seasonal crops with low water requirement. 5. Crops that require perennial irrigation and large amounts of water like sugarcane, bananas and turmeric cannot be cultivated in Pani Panchayat areas.
Apart from this, Pani Panchayat has specific rules that are hereunder: Water rights are not attached to land rights. If land is sold, the water rights revert back to the farmers' collective. All members of community, including the landless have right to water. The beneficiaries of the panchayat have to bear 20 percent of the cost of the scheme. They have to plan, administer and manage the scheme and distribute water in an equitable manner. The central philosophy of the Pani Panchayat is to share water on certain commonly agreed principles. Evolution of the present concept of participatory irrigation management (PIM) Irrigated agriculture has increased its importance as a source of food security, higher farm incomes, and increase in welfare of both rural and urban population. The development of irrigation played an important role in generating food surpluses that have led to economic development. However, going by the trend all over the country, it was found that the irrigation potential, created of late, is not being fully utilized and so also the level of productivity that is well below the viable levels due to several problems in the management of the irrigation system. Some of the key problems are; unreliable and inadequate water supply to the farmers, collective tail-end deprivation, inadequate maintenance resulting in loss of carrying capacity, lack of information on water supplies to users and increased cognitive distance in the hierarchy resulting in poor communication and operation. Taking into consideration the above shortcomings, the need for a paradigm-shift in the management of irrigation systems through participatory irrigation management (PIM), involving farmers, is being intensely felt. The National Water Policy of 1987 has strongly recommended the adoption of PIM as an essential strategy for improvement in the performance of all irrigation projects in the country and involvement of farmers in various aspects of management of the irrigation system; especially in water distribution and collection of water charges. It is now being felt that unless farmers are involved in an organized way in the operation, management and maintenance of irrigation system, the objective of increased utilization and production from irrigation commands cannot be realized and even if realized, it cannot be sustained in the long run. Hence, to create a structure for participation, a water user association is usually set up with all the beneficiary farmers as members and it offers considerable scope to improve the present situation. The objectives of the PIM are, to improve service deliveries through better operation and maintenance, to ensure physical sustainability of irrigation infrastructure, and to promote a sense of partnership between the farmers and the irrigation agency. This operational objective of PIM is to transfer the irrigation management at appropriate levels from government to users association which is defined as the Irrigation Management Transfer (IMT) that goes side by side with PIM. IMT does not include transfer of ownership, which otherwise is termed as privatization. The ownership of the irrigation scheme and infrastructure etc still remain with the government. IMT in managerial sense may include turning over partially management responsibilities viz. water delivery,
operation and maintenance etc and may not include collection of water cess from farmers. There are two basic institutional arrangements in the devolution of irrigation management. They are: (1) Rights, responsibility and powers to be included in the devolution of irrigation management through creation of supporting legal framework, and (2) Organizing WUA, train future managers, make essential repairs and formalize agreements between water users and the government. PIM is the single most important step that the government can take to improve the productivity and sustainability of irrigation systems. Not only it improves the productivity of irrigation, but also it requires minimum investment. Hence PIM needs to be seen as a genuine partnership or joint management between the farmers and government and not merely as an instrument for facilitating the implementation of government schemes and programmes. For this programme, appropriate institutional arrangements and mechanism to bring about efficient utilization, equitable distribution and sustainable irrigation service are framed by different states of India.
7. Status of Participatory Irrigation Management: Policy initiatives & emerging issues

Since 1985 Ministry of Water Resources has been inspiring farmers participation in water distribution and management of tertiary system in the projects covered under the Centrally Sponsored Command Area Development Programme. The concept of involvement of farmers in management of the irrigation system has been accepted as a policy of the Government of India and has been included in the National Water Policy adopted in 1987. Provisions made in the National Water Policy of 1987 were as under: Efforts should be made to involve farmers progressively in various aspects of management of irrigation systems, particularly in water distribution and collection of water rates. Assistance of voluntary agencies should be enlisted in educating the farmers in efficient water-use and water management. In April 1987, the Ministry of Water Resources issued guidelines for farmers participation in water management, primarily for areas under the Centrally Sponsored Command Area Development Programme. The guidelines covered all aspects like past experience in India and abroad, objectives of PIM, area of operation of farmers associations in different irrigation schemes, duties and responsibilities of the farmers, training and monitoring. Recognizing the need to provide legal backup to PIM in the country.
7.1. Objectives of PIM:

1. To create a sense of ownership of water resources and the irrigation system among the users, so as to promote economy in water use and preservation of the system. 2. To improve service deliveries through better operation and maintenance.
3. To achieve optimum utilization of available resources through sophisticated deliveries, precisely as per crop needs. 4. To achieve equity in water distribution. 5. To increase production per unit of water, where water is scarce and to increase production per unit of land where water is adequate. 6. To make best use of natural precipitation and ground water in conjunction with flow irrigation for increasing irrigation and cropping intensity. 7. To facilitate the users to have a choice of crops, cropping sequence, timing of water supply, period of supply and also frequency of supply, depending on soils, climate and other infrastructure facilities available in the commands such as roads, markets cold storages, etc., so as to maximize the incomes and returns. 8. To encourage collective and community responsibility on the farmers to collect water charges and payment to Irrigation Agency. 9. To create healthy atmosphere between the Irrigation Agency personnel and the users.
7.2. Necessity of PIM:

The old dictum is that necessity is the mother of invention. This may be judged in respect of PIM also with the following considerations: a) Need of increase in agricultural production: The human as well as bovine population has been increasing all over the world and more so in India. As such the need of food, fiber, fuel, fodder etc. has also been increasing with fast rate. It is, hence, imperative to increase the agricultural production to keep pace with the requirement. Irrigation being lifeline of agriculture, its development and meticulous management is the necessity of the day. All over the world and so in India, it is known that easy locations to tap surface water have almost exhausted. Increasing the existing reservoirs capacity and taking up of new projects is causing serious financial and social problems. So far as ground water development is concerned, it has its own limitations and the most important being over exploitation of this resource at many places particularly in many parts of India. Moreover financing is another constraint. Hence proper management of already created water resources development structures is extremely essential at this juncture, in order to strike the balance between need and the agricultural production. Since farmers are the real stakeholders, they have to come forward through their associations to look after their interest so that they get water from the system according to the predetermined time and space for planning their crops. b) Problem of fiscal availability: There is severe budgetary competition at the government level under different sectors. The ratio of financial outlay for the irrigation sector to the total outlay is coming down year after year. Moreover there are many uncompleted irrigation projects, where work is going on and there is demand of meeting the regional balance to provide irrigation facility almost all over. Under such circumstances, investment of more money by the
Government on operation and maintenance of the old system appears difficult. Thus, farmers have to take up this responsibility themselves in order to avoid over burdening of the Government exchequer and to become self-dependent. c) O&M cost and recovery of irrigation charges: This aspect has already been discussed elsewhere which indicates that O&M cost is much higher than the recoverable irrigation charges as per present rate. Even these low rates are not being recovered in full. Often the cost of recovery of water charges by Government is more than the amount recovered. This is causing severe budget constraints to Government and consequently O&M could not be properly carried out resulting in system deficiency and unreliability of irrigation water to farmers. The Water Users Associations could play this role in a better way. d) Other compulsions: Besides above aspects, there are other compulsions like non availability of water when it is needed, taking immediate problems like leakages, adopting flexibility in water distribution and taking many more initiatives by farmers group to make their farm economy a sustainable proposition, PIM appears extremely necessary and worthwhile.
7.3. Provision in National Water Policy (2002):

Following modifications were made in the National Water Policy (2002) regarding the participatory approach to water resources management: Management of the water resources for diverse uses should incorporate a participatory approach: by involving not only the various governmental agencies but also the users and other stakeholders, in an effective and decisive manner, in various aspects of planning, design, development and management of the water resources schemes. Necessary legal and institutional changes should be made at various levels for the purpose, duly ensuring appropriate role for women. Water Users Association and local bodies such as municipalities and Gram-Panchayats should particularly be involved in the operation, maintenance and management of water infrastructures/facilities at appropriate levels progressively, with a view to eventually transfer the management of such facilities to the user groups/ local bodies
7.4. Provisions in PIM Acts:

Recognizing the need for sound legal framework for PIM in the country, the Ministry brought out a model act to be adopted by the State Legislatures for enacting new irrigation acts/amending the existing irrigation acts for facilitating PIM. In accordance with the model act eight State Governments, namely, Andhra Pradesh, Goa, Madhya Pradesh, Karnataka; Orissa, Rajasthan, Tamil Nadu and Kerala have enacted new acts. The legal framework provides for creation of farmers organizations at different levels of irrigation system as under:
a. Water Users Association (WUA): will have a delineated command area on a hydraulic basis, which shall be administratively viable. Generally a WUA would cover a group of outlets or a minor. b. Distributary Committee: will comprise of 5 or more WUAs. All the presidents of WUAs will comprise general body of the distributary committee. c. Project Committee: will be an apex committee of an irrigation system and presidents of the Distributary committees in the project area shall constitute general body of this committee.
The Associations at different levels are expected to be actively involved in: (i) maintenance of irrigation system in their area of operation; (ii) distribution of irrigation water to the beneficiary farmers as per the warabandi schedule; (iii)assisting the irrigation department in the preparation of water demand and collection of water charges; (iv) resolve disputes among the members and WUA; (v) Monitoring flow of water in the irrigation system etc.
8. Functions of WUAs:
This section is intended to clarify the functions of a WUA. In doing so, it also intends to provide some clarity on the question how WUAs should be delineated from and link in to umbrella structures of water resource management. The Water Users Association shall perform the following functions namely: (a) to prepare and implement a warabandi schedule for each irrigation season, consistent with the operational plan, based upon the entitlement, area, soil and cropping pattern as approved by the distributary committee, or as the case may be, the project committee; (b) to prepare a plan for the maintenance of irrigation system in the area of its operation at the end of each crop season and carry out the maintenance works of both distributary system and minor and field drains in its area of operation with the funds of the association from time to time; (c) to regulate the use of water among the various pipe outlets under its area of operation according to the warabandi schedule of the system; (d) to promote economy in the use of water allocated; (e) to assist the revenue department in the preparation of demand and collection of water rates; (f) to maintain a register of landholders as published by the revenue department; (g) to prepare and maintain a register of co-opted members; (h) to prepare and maintain an inventory of the irrigation system within the area of operation; (i) to monitor flow of water for irrigation; (j) to resolve the disputes, if any, between the members and water users in its area of operation; (k) to raise resources; (l) to maintain accounts;
(m) to cause annual audit of its accounts; (n) to assist in the conduct of elections to the managing committee; (o) to maintain other records as may be prescribed; (p) to abide by the decisions of the distributory and project committees; (q) to conduct general body meetings as may be prescribed; (r) to encourage avenue plantation on canal bunds and tank bunds by leasing such bunds; (s) to conduct regular water budgeting and also to conduct periodical social audit, as may be prescribed; (t) to encourage modernization of agriculture in its area of operation; and (u) to maintain the feeder channels of minor irrigation tanks by the respective water users associations, in the manner prescribed; Beneficiary committees have been constituted in West Bengal but do not have any legal back up. 10,000 such committees are working in the State but functional grants are not being given to them.
9. LAW ENABLING WUA:
For WUA to be established as a legal entity there has to be law authorizing its establishment. This law could be general comprehensive Water Law that deals with all aspects related to water, including establishment of WUAs. The National Water Act in Mexico and Water Resources Act in Nepal are example of such comprehensive laws. The enabling law could also be special rules and regulations dealing specifically with WUAs and deriving their authority from basic law such as the Implementing Rules and Regulations on the Provisions of the Republic Act No.7607, on small farmers in Philippines. Because of the absence of basic law specifically on water or WUAs the states in India have relied on different laws to establish WUAs. In the Indian state of Maharashtra, WUAs have established and registered as co-operative societies under the Co-operative Societies Act. On the other hand in the state of Tamil Nadu and in the state of Orissa in India, WUAs are established and registered as societies under the Societies Registration Act. In India, the central government as a general rule has no jurisdiction on the water. Water, according to the constitution of India, is a state matter. Accordingly, each state has issued, or followed, its own laws and regulation on water and, as a result, different legal instruments have emerged which should explain the varying practice which should explain the varying practice on WUAs in these states. However the central government has issued a National Water Policy which is not legislation, but merely a statement of best practices aimed at influencing legislation, policies and practices of the states of India on water related matters. Hon. participatory irrigation management, the National Water Policy urges that Efforts should be made to involve farmers progressively nine various aspects of management of irrigation systems, particularly in water distribution and in collection of water rates. Assistance of voluntary agencies should be enlisted in educating the farmers in efficient water use and water management.
Inclusion of specific provision of WUAs in the comprehensive water law, or having separate water user associations laws or rules, clearly indicates a special interest on, and commitment to WUAs. Because of the absence of such specific laws and rules on WUAs, the Indian states have relied on other laws that may not be closely related to water or WUAs. It is perhaps too early to ascertain the degree of adequacy, or inadequacy, of Co-operative Societies Act or Societies Registration Act, for dealing with complex issues of WUAs. The law establishing WUA would usually include provisions indicating that the WUA to be established as a legal entity. The National Water Act in Mexico defines individual or body corporate as individuals, ejidos, communities, associations, companies and other bodies corporate recognized as having legal status as law, with the forms and limitations established by it. The Water Resources Act in Nepal states in section 6(1) that Users Association shall be an autonomous corporate body with perpetual succession. Such enabling law also addresses the relationship between the WUAs and irrigation agency, the duties and obligations of irrigation agencies, and those of WUAs, and the structure of water rates and the operation and maintenance and other fees. The enabling law may also lay down some of the main issues to be addressed in the bylaws of the WUA, and in transfer agreement. All societies, including WUA, established and registered in any state in India under the Societies Cooperative Act or the Societies Registration Act, are legal entities capable of contracting, opening bank accounts, and instituting and answering suits. However because of their nature, those two Acts do not address WUA related issues that are usually addressed in the water law or establishing WUAs. In state of West Bengal WUAs are registered under the Co-operative Societies Act. Local governments have difficulty in taking an irrigation management responsibility. They have little surplus money for the purpose, and many residing within the Panchayat may have little stake or no stake in the irrigation system because they are not engaged in agriculture or have no land within the command area. Raising funds from these people is unlikely. In West Bengal three tiers of Panchayat Raj System viz. Zilla, Panchayat Samiti and Gram Panchayat. Initially, district-wise targets of tube wells are finalised at the state level by taking into consideration the potential for groundwater development, proportion of small and marginal farmers etc. The Sabhadhipati of Zilla Parishad, in consultation with the Site Selection Committee distributes the tube wells allotted to the district to different Panchayat Samitis. The Site Selection Committee includes two officials of the State Electricity Board, one Geologist and one Irrigation Engineer besides one official from the Agriculture Department as members and the Sabhadhipati as the chairman. At Panchayat Samiti level, the standing Committee for Agriculture, Irrigation and Cooperation further allots the tube wells to the Gram Panchayat. Elected members of the Village Panchayats convened a meeting of all the villagers to discuss the siting of tube wells. While finalising the location of tube wells the following criteria are observed: distance from the high tension line, spacing between wells, proportion of small and marginal farmers, scope for multiple cropping and willingness of the farmers to donate a piece of their owned land for constructing tube wells.
After finalising the location of tube wells, the Village Panchayat delineate the tentative command area of the cluster. An undertaking is obtained from the farmers willing to done at their land for tube well construction. Another undertaking is obtained from all the farmers included in the command, to the effect that they would purchase water supplied by the Panchayat tube wells. The Village Panchayat forwards the above details to the Gram Panchayat, which in turn is forwarded to the Panchayat Samiti. After tube wells are constructed and pump sets energised, they are handed over by the Minor Irrigation Department to the Panchayat Samitis which has the overall responsibility of running them. The most important function of the Panchayat Samiti is to constitute Beneficiary Committee for the operation and maintenance of tube wells besides fixing the water rates. The Panchayat Samitis also have the responsibility of maintaining the profit-loss account of individual tube well clusters. All the tubewell operators are also members of the Beneficiary Committee. The main function of the Beneficiary Committee is to ensure watch and ward of the tube wells, besides their operation and maintenance. The Committee is also required to maintain proper records of tube well running, water rates charged and the revenue realised.
9.1. WUA AS A LEGAL ENTITY:

The Indian Constitution is the source of Water related laws by which, the late Dr. B R Ambedkar sowed the seed for a pan India policy on water. The constitution makes water a state subject and irrigation comes under entry 17 of the state list. Water rights are derived from fundamental rights of the Constitution (under Article 21). In India the surface irrigation the state governments mainly manage projects. As a part and process of decentralization of power the 73 and the 74 amendment of the Constitution was passed in 1992, which gave power to Panchayati Raj Institutions to make decisions on water supply, treatment and disposal. The laws and policies applicable to water are contained in Acts passed by the Central Government and the rules formed in that connection: (1) The Acts passed by the state Legislative Agencies and the rules formed in that connection (2) The administrative orders and instructions as issued by state governments from time to time. (3) In the Northern Region of India by the Northern India Drainage and Canal Act (1873), as amended from time to time govern the states of Uttar Pradesh, Punjab, Haryana and Rajasthan. The western region (Gujarat and Maharashtra) is governed by the Bombay Irrigation Act (1879). In the eastern region, the Bengal Irrigation Act (1896) is applied to West Bengal and Bihar. The following are a few of the Tamil Nadu Irrigation Acts: Madras Irrigation Cess Act, 1865; Irrigation Tanks (Improvement Act, 1949 and the Tamil Nadu Panchayats Act, 1958 (especially Section 85(Ii & ii).
22
Although the enabling law would usually specify that WUA is a legal entity, further details regarding what this entails are usually included in the bylaws. It is usually stated that WUA is authorized to enter into contracts in its name, and that the WUA can sue in its own name, and answer suits instituted against it the WUA can also be authorized to borrow funds from private sources, using, if necessary, its assets as collateral. In Mexico the transfer agreement expressly prohibits pledging the present of future proceeds of fees paid for irrigation services as a guarantee or collateral for any of the WUAs borrowings. The president or the secretary of WUA would usually be designated as a person in whose name the suits will be instituted, and who will sign, on behalf of the WUA, all contracts, pleadings, power of attorney, petitions and statements.
9.2. BASIC FACTS ABOUT, AND OBJECTIVES OF WUA:

The basic facts would include the name of the WUA, the law under which it is registered, and its registration number, its address, and a clear definition of the area that the WUA is serving or its area of operation. This area of operation could be entire irrigation district, or an entire command of distributaries, minor, sub-minor or a watercourse. It could also be defined by its size in acres or hectares. A broad statement on the objectives of WUA is usually included in the bylaws. Such objectives would include: participation in the management, operation, maintenance, and upgrading of irrigation infrastructure works that the WUA has taken responsibility for, collection of water charges, and provision of irrigation and drainage services to the members of the WUA.
9.3 Mentoring and troubleshooting:

Despite the provision of formal training to WUA members, much learning is likely to take place as the WUA finds its feet as an organization in the early period of its operation. In this period, much benefit can be gained from the identification of a local mentor who is willing to provide backup support to the WUA as and when the need arises. This support could be in the form of solutions with respect to technical problems and advice with water usage and production. Broadly, the following are the responsibilities to be shouldered by WUA: Prepare a Scheme Development and Management Plan (SDMP) jointly with other key actors; Supervise and actively participate the SDMP implementation. Fix up water rates and collection of water charges from its members as per the rates decided by WUA; Operate and maintain the system by fixing and collecting user charges. This will include: (i) arranging for diesel; (ii) repair and replacements; (iii) cleaning of field channels ; (iv) oversee and ensure efficient distribution of water;
(v) prepare agriculture/ fisheries plans; (vi) maintain book of accounts; and (vii) conflict resolution.
9.4 Financial viability of WUAs:

The institutional viability of WUAs is strongly related to their financial viability. The main source of revenue of Water User Associations is the collection of water use charges as a result of services provided to members. The level of these charges, in turn, is dependent on the costs of operating and maintaining the water supply system. Some types of water supply system are expensive to operate and maintain while others are cheaper, and while each system may have its own unique advantages, from the poverty alleviation aspects, the cost effectiveness of the system is an overriding consideration. Hence, the establishment of new WUAs that use cost-effective technology is generally preferable 20 to the use of more expensive technology. Thus: In the establishment of new WUAs for poverty alleviation, the choice of technology should be linked to the expected income and skills base of the users such that there is a low risk of indebtedness. In the case of irrigation boards undergoing transformation or ex-homeland schemes undergoing rehabilitation there will generally be less room for manoeuvre in terms of technology choice. This is because the technology already exists and cannot readily be replaced. However in instances where there is some room for change in order to lower overall production costs, the sustainability of the institution can be enhanced by introducing such changes. Thus: Where production costs can be lowered for emerging farmers on irrigation boards or for farmers working on ex-homeland irrigation schemes due for rehabilitation by introducing lower cost technology, efforts should be made to effect these changes as part of the establishment process of the WUA. This will enhance the financial viability of the institution. Facilitators working with communities can use the following questions as a guide in this regard: a) Is the technology free of charge, low cost or high cost? b) Does its use require no training, farmer training or the employment of a specialist? c) Was it self-constructed, constructed by a specialist on-site or bought and brought? d) Is its power source diesel/electricity or animal/manual or wind? e) Is its purpose labor saving, income generating or domestic? f) Is its maintenance simple, does it require training or is a specialist needed?
Although if the users have the skills to generate levels of production and income from which high operation and maintenance costs can be paid, there is no reason to avoid using more expensive technology.
20
24
The answer to each of these questions indicates some aspect of the overall cost and appropriateness of the technology used for the organization in question. A second aspect of financial viability of WUAs is their scale of operation. The larger a WUA is the more its viability is enhanced by advantages of scale. However such increases in scale come at a price, as larger organizations may find it more difficult to maintain good relations with their clients than small organizations. A key consideration with regard to financial viability is the relationship between the revenue received from farmers and the costs of operation and maintenance: total revenue should be equal to or greater than the costs of operation and maintenance. If this is not the case, there may be good grounds to amalgamate a WUA with a neighbor if this can arguably improve the relationship between revenue and costs. To avoid unexpected problems, such an amalgamation should be promoted where it is approved by not less than two thirds majority of the member of both the organizations, when\ all internal options for cost reduction have been exhausted and if WUAs have had a reasonable period after establishment (3-5 years) in which various options to achieve financial sustainability have been attempted A third aspect of financial sustainability of WUAs is the ability to trade in water rights. This aspect is covered under section 11 of the National Water Act. Trade in water may be utilized to enhance the efficiency of water use in the WUA area. For instance, this could be as a result of a decision by the WUA that a farmer not using all the water allocated to his or her property sells his or her rights to another farmer wishing to use more water. Such an arrangement can only be temporary in nature. Another example is the trade of rights between two users in different locations utilizing the same resource. This requires that the sellers relinquish their entitlement to water and that the buyers apply for an entitlement to use that same water. Thus a WUA could sell part of its water rights to other users: to boost its income; to reduce its use of water.
Trading in water can increase the efficiency of a WUA and may serve to substantially bring down its costs of operation. A fourth aspect of the financial viability of WUAs is their ability to draw down grants and subsidies from government departments. In the case of agricultural water use in new WUAs for poverty alleviation and WUAs which are the result of revitalization efforts, a subsidy on the operation and maintenance costs of the organization will be required for some time after the WUA has been established. This is because it may take several years to increase agricultural production to the point at which farmers are able to pay water use charges out of sales of produce 21. How long this will take exactly is related to the speed with which a wide range of skills are transferred to the organization, the support that is provided for marketing of produce, produce prices, etc. When seen in this light, subsidies to WUAs will be required for the next ten years, and possibly longer.
21
In the case of some existing irrigation boards, subsidies have been available for many decades.
25
9.5 Viability and entitlements to water:

WUAs hold significant potential for poverty alleviation as a result of the provision of access to productive resources and the generation of employment opportunities. However, WUAs can only achieve these goals if the following conditions are in place. Members have been trained to manage the water supply system efficiently and effectively; Members have been trained to produce and market goods efficiently; Members have been provided with secure access to water; Members have been provided with secure access to land; Members have been provided with secure access to production inputs. It is clear from the above that the provision of secure access to water is an important tool with which poverty can be alleviated, although its effectiveness depends on secure access to other productive resources such as land and training and capacity building. In establishing WUAs, the entitlements of members to water need to be clarified. The National Water Act covers four categories of water utilization by the poor: Water utilization for irrigation purpose 22; general authorizations, which allow for water use by the water users association 23; Apart from the data regarding water availability and actual water use, the system should also include comprehensive and reliable projections of future demands of water for diverse purposes 24; Authorization to river basin organization 25
22
Section 9.1 Section 12 Section 23 Section 42
23
24
25
26
10.Questionnaire conducted with WRIDD, Kolkata & Data Collected from Nadia District:
To understand the role of water users associations, data sources were taken into account. And for this questionnaire was conducted with the WRIDD, Kolkata. The statements give us very direct information about how the water user association be perceived and how to judge the particular function performed by them. The Water Resources Investigation and Development Department (WRI&DD), Government of West Bengal, is the nodal authority in the development of Minor Irrigation in the state. Two Directorates, viz., Water Resources Development Directorate (WRDD), State Water Investigation Directorate (SWID) and two Corporations, viz., West Bengal State Minor Irrigation Corporation Ltd. (WBSMIC Ltd.) and West Bengal Agro-Industries Corporation Ltd. (WBAIC Ltd.) operate under the administrative control of the said department. Several tasks were determined on which we wanted to receive information. A proper defined structure for the questionnaire was adopted. WRIDD, Kolkata participated in formulating questions about the role of water users associations. The first question was concerning the status quo of water resources. In the year 2010 there was drought in West Bengal, which resulted in low water saving. There are 341 blocks which are categorized under following heads: 1. Critical: only 1 block has been identified as critical block. 2. Semi-Critical: 37 blocks are semi-critical in nature 3. Safe: 303 blocks are identified as safe. In the semi-critical block, the water level does not come back to the original level because of the strata condition. And projects are not allowed in these areas. In W.B the ground water resources are adequate. The questionnaire continued with another question about the existing problem. Low level of water saving was identified as the existing problem. The category of drinking water is safe. The blocks of water were categorized as: 1. 81 blocks: arsenic contaminated. 2. 49 blocks: fluoride contaminated. 3. 59 blocks: salinity in coastal zone. The next question was an exception to the above mentioned questions; it has different WUA system. Therefore the questionnaires section about the current measures on water resources follows a different structure. It has been categorized under following heads:
27
1. Supply side: It deals with the reservoirs, which are owned by the Damodar Valley Corporation etc. In parts of West Bengal, over-exploitation has led to arsenic contamination. To promote human health, there is urgent need to prevent contamination of ground water and also promote and develop cost-effective techniques for purifying contaminated ground water for use in rural areas like solar stills. Dilution of harmful chemicals can, to a large extent, be achieved by recharge. 2. Demand Side: It deals with whatever is allocated. Resources are being increased and all progress is satisfactory. After assessing all the functions the next question dealt with the evaluation on effect of water planning. Pilot projects have been implemented. These projects are effective in nature and hence acceptable. With these questions conducted to gain information about the water users associations, the next question was to gain information related to the understanding of the rules and regulations of the water management. There is the rule on Rule on Ground Water Extraction implemented an awareness campaigns are also held for better understanding of these rules and regulations. Groundwater has usually been treated separately from surface water 26 . Historically, this can be ascribed in part to a lack of understanding of the connections between surface and groundwater and of the relationship between groundwater abstractions in different places. This also reflected the unavailability of pumping devices allowing large-scale groundwater withdrawals to the extent of significantly affecting the water table level. These factors contributed to the development of separate legal principles for control over and use of groundwater. Since groundwater has a direct link to the land above, a link was established between land ownership and control, if not outright ownership, of the water found underneath the plot. While no specific groundwater legislation arose until the past decade, basic principles of access and control can be derived from the Easements Act, 1882. Under these principles, landowners have easementary rights to collect and dispose of all water found under their land. 27 There is thus an indissociable link between land ownership and control over groundwater. This implies that groundwater is mostly controlled by individuals or legal entities that own or occupy land. West Bengal has passed a Bill for ground water resources conservation, protection and development but it is awaiting the assent of the President. Hence it is clear in its nature. This question made the whole questionnaire more clear and comprehensible in its nature. The respondents who completed the questionnaire were asked for some relevant information on collection of cess. Apparently it was answered as significant. On surface water bodies there is one time
26
This also holds in other parts of the world. For southern Africa, eg L.A. Swatuk, The New Water Architecture of
SADC, in D.A. McDonald & G. Ruiters (eds), The Age of Commodity Water Privatization in Southern Africa (London: Earthscan, 2005) 43.
27
Halsburys Laws of India Volume 29(2) (New Delhi: Butterworths, 2000) 447.
28
tax collection. Since 1990, the state is building the scheme on collecting water cess. Over 45,000 schemes have been handed over. For sustainability it is important to collect water tax. The next question was concerning the rationality of agricultural irrigation water quota. The respondent answered that the State Water Policy has not yet been implemented. It requires the sanction from the legislature. However, they are planning to appoint water regulatory authority who would decide how much water to be used and at what place. The response to the question of per capita water consumption was 40 liters per day per capita at domestic level. Water Quality: 81 blocks have arsenic problem and 49 blocks have fluoride problem. However there exists the manganese problem also. Public Health Engineering Department (PHED), Bengal stated that there is no ultimate solution for treatment of water all over the world. The arsenic content in water cannot be absolutely removed. So it is better to dilute it to that extent that it is below the toxic level. It can however be improved by using efficient irrigation system. For that there are two system of irrigation: 1. Sprinkler Irrigation: It is the method in which water is sprayed as it happens when rain falls. In this irrigation system, water is distributed through pipes by way of pumping. With the help of spray heads water is sprayed into the air and it reaches the soil surface as little droplets. It is one of the most commonly used irrigation techniques you find getting used these days. It uses less than 50% of water. 2. Drip Irrigation: This type of irrigation is not suitable for serial based crop. Next, the respondent was asked about the transparency of WUA system. It was confirmed that the system is transparent in nature and is backed by the executive order. WUA is constituted by election by local gram panchayat. Member of the Panchayat Samiti elects: 1. President: he decides upon the equitable distribution of water. 2. Member of central committee: 8 persons are elected. They form the executive committee. Simultaneous election is held by those 8 people to elect cashier etc. The committee decides on the water policy rate, and issues like how to save water and how to distribute water. Departmental officers are supposed to visit and conduct seminars and give technical back-up for its sustainability. Self Initiated Community Organization (SICO) plays a very important role over here. A follow up question was asked about the effect of water saving irrigation. The respondent replied it as insignificant. The cost is borne by the farmers. Next question was about the collection of water resource fee. The respondent replied it as approved one. The fees are collected to the extent that the government schemes sustain and it is also subsidized.
The follow up question was about the measures on water pollution prevention and water supplying. The respondent replied that there has been no measure as such but awareness campaigns are held at both block and district level. They advocate using less water for irrigation. And transferring the assets to WUA will improve the existing structure. The current water rate is subsidized and is collected for operation, maintenance and sustainability. The current water rate is Rs.80 per hour (50 cum water).
DISTRICT BLOCK NET ANNUAL GROUND WATER AVAILABILITY IN HECTARE METRE GROSS GROUND WATER DRAFT FOR ALL USES IN HECTARE METRE STAGE OF GROUND WATER DEVELOPMENT IN PERCENTAGE WHETHER WATER LEVEL SHOWS FALLING TREND DURING PREMONSOON 30ft-50ft WHETHER WATER LEVEL SHOWS FALLING TREND DURING POSTMONSOON 10ft-15ft CATEGORY (CRITICAL/ SEMI CRITICAL/ SAFE)
1.NADIA
4-6 50% hectare *Data collected from office of Asst.Engg Bethudahari subdivision.
NAKASIPADA 10ft-15ft
SAFE
Hand Over Scheme Requirement:

1. Maintenance of Register. 2. Bank Account. 3. Tax Beneficiary. Maintenance is paid by the beneficiaries. The main reason behind the hand-over scheme is when the beneficiary committee fails to collect the tax; they face the problem of lack of electricity. Farmers are not able to pay the tax which further results in closing of the scheme. Gram Panchayat elects the beneficiary team. There are 10-15 members who consist of a convener, president and a cashier. Nearly 50-60 farmers are required for establishment of Water Users Associations.
Hand-Over Scheme Process:

1. 2. 3. 4. 5. 6. 7. Applying to LDTW (Light Duty Tube Well) scheme. Six number of plots. Applying to the Executive Engineer through Assistant Engineer. Marginal Farmer. Two decimal lands gifted to the government. After sanctioning the project, the two decimal land needs to be registered under plot registry. Scheme is then handed over.
Following data was collected so as to analyze the situation of the various WUAs in the state of West Bengal. Therefore the various datas have been collected from the office of Assistant Engineer,
Bethudahari in Nakasipada, Nadia district. The whole field visit consisted of travelling from one block to the other which have been included in the study; reading and collecting the various datas included in the project. The basic observation of the whole project was the flourishing and progressive water user associations in various blocks which also have been a source of developing water resources even in places in which water is found in a low quantity. Though few of the districts have a low water table and a few other districts have water contaminated by the presence of impurities such as arsenic, fluoride etc, the water user associations with the aid of the state government are working efficiently so as to provide impurity free water to the villagers for irrigational purposes which has improved the crop yield and has made agriculture less exhaustive on water resources directly and other natural resources indirectly. A few setbacks for the water users associations in a large number of blocks due to various causes such as non payment of electricity bill resulting in the revoking of the connection, high salinity of water, presence of toxic impurities, are being over-come gradually and steadily by the State Government, paving the way for a better future for these groups.
1. Grant in Aid:
Certain Programmes under which fund comes.
2. Beneficiary Committee: Elected
3. Secretary:
Elected
4. Office Bearer
Convener, President and Cashier
5. Bank-Account
Joint Account opened by all three convener, president and cashier. a. b. c. d. e. f. g. Rai: 150 Rs Potato: 200 Rs Wheat: 250 Rs Chilly: 450 Rs Boro Rice: 700 Rs Banana: 800 Rs Til: 250 Rs
6. Rate per Bigha:
31
7. Room:
Rs.62000/- from own fund
8. Electricity Rate:
Rs.2.43/ unit
9. Running From:
5 years
10. Pump Operation:
2 Nos
11. Monthly Staff Payment:
Rs.3000/-
12. Average Electricity Bill:
Rs.13000/-
13. Motor Running:
24 Hrs
14. Yearly Tax Collection:
Rs.2,50,000
15. Yearly Maintenance:
Rs.2,00,000
16. Metre Reading Consume:
18 units/hr
*Data Collected from Nakasipada Block in West Bengal as on 3rd June 2011.
During the VIII five Year Plan period, due to the deteriorating financial position of most State Governments, there had been a marked slow down in public investment in agriculture in agriculture and
32
rural infrastructure, which was a matter of concern to the Central Government. The Union Finance Minster Dr. Manmohan Singh highlighted this concern in the Budget Speech for 1995-96 as follows : "Inadequacy of public investment in agriculture is today a matter of general concern. This is an area which is the responsibility of the States but may State have neglected investment in infrastructure for agriculture. There are many rural infrastructure projects, which have been started but are lying incomplete for want of resources. They represent a major loss of potential income and development to the rural population". Simultaneously, the commercial banking system subsequent to the implementation of Agricultural and Rural Debt Relief Scheme (ARDRS) 1990 had substantially cleansed their balance sheets of agricultural loans, with such relief being borne by the Government of India through infusion of fresh capital. As the same time, the banks also did not extend credit to the agriculture sector to the targeted level of 18% of net bank credit due to the cautious approach adopted by them following the general reforms which began in the banking sector. Both these phenomena occurring simultaneously resulted in a sharp fall in capital formation the agriculture, both in the public sector due to the State Governments' reducing investment in agriculture and in private sector due to depletion in the flow of bank credit to the agriculture sector. To tackle the twin problems at one go, Union Finance Minster conceived the Rural Infrastructure Development Fund (RIDF) under the agencies of NABARD. Deposits to the fund are made by commercial banks to the extent of their shortfall in agriculture lending targets during the year, which in turn are lent out to State Governments to create rural infrastructure. The loans to State Government from the RIDF for completion of ongoing projects within a short span of one or two years were expected to unlock sunk investment in the projects that were languishing for want of financial resources and also to stimulate private sector investments with a view to improve agricultural production, generation of income and creation of additional rural employment. The status of the WUA under RIDF funded minor irrigation projects in West Bengal District/ Tranche RIDF -I RIDF -II RIDF -III RIDF -IV RIDF -V RIDF -VI RIDF -VII RIDF -VIII RIDF -IX RIDF -X TOTAL
Dakshin Dinajpur Darjeeling
222
201
133
328
90
974
218
26
18
60
101
423
33
East Midnapore Hooghly Howrah Jalpaiguri Nadia North Parganas Murshidab ad 85 24 70 30 330 65 108 98
54
34
105
8 9 735 34 69
3 11 118 8
21 11 220 58 1 34
1 9 9 7
10
113 78 1412 164 310
78
76
48
154
447
*Source - SPD, NABARD West Bengal Regional office.
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11. Conclusion and Recommendations:
1. Despite the government's repeated assertions in recent years on the need for a decentralized, people-oriented and demand driven water management, these have not been converted into implementable solutions. While policy initiatives exist with regard to water user associations, watershed associations, and legal strategies are a much-needed prerequisite in order to evolve satisfactory working relationships between local bodies, institutions and networks of formal and informal village groups engaged in water management. 2. Development of a WUA strategy document setting out the mechanisms through which the policy goals are to be achieved. 3. Development of a memorandum of understanding among those government departments that promote the development of community structures which manage water on behalf of members. This memorandum should emphasize the need to enable such structures to access support (short and long term) from government departments other than those which facilitated their emergence. 4. The role of non-agricultural WUAs in poverty alleviation remains to be explored. 5. The possible use of WUAs to incorporate the management of domestic water supplies into their functions needs to be investigated. 6. The minimum requirements for public participation needs to examined in some detail. 7. Development of an interdepartmental communications strategy to inform small scale farmers of the various grants and subsidies available to them from the various departments.
8. To provide a framework for decentralizing decision-making to the lowest level and to allow
beneficiaries and other stakeholders to be involved from the project planning stage. In principle, participation is conceived as an umbrella term that covers participation from policy planning and project design to the management of water infrastructure. In practice, the focus is on participation at the tail end of the process.
9. Efforts should be made to involve the farmers progressively in various aspects of management of
irrigation systems, particularly in distribution and collection of water.

10. Efforts to be made in capacity building of the farmers as regards water use efficiency and
cropping practices which will save water.

11. Without the active involvement of beneficiaries in irrigation water the objectives of irrigation
projects could not be realized, they cannot be sustained in the long run.
12. Making the water distribution more equitable. -NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO35
ANNEXURE I: Sample Pictures collected from different sites of Nadia District
Fig1: Water flowing in the spout
Fig 2: Pit
Fig 3: Spout: controls the water
36
Fig. 4: Field (command area of the SPOUT)
Fig.5: Quadruped
Fig 6: Quadruped
37
REFERENCES
1. NABARD: RIDF Department 2. WRIDD DEPARTMENT 3. Office of Assistant Engineer at Nadia District 4. Sample collected from sites at Nadia District 5. National Water Policy 2002 6. World Bank Project Document
38
DISCLAIMER
This project report/dissertation has been prepared by the author as an intern under the Summer Placement Scheme of the National Bank for Agriculture and Rural Development for academic purposes only. The views expressed in the report are personal to the intern and do not necessarily reflect the view of the Company (NABARD) or any of its staff or personnel and do not bind the Company in any manner. This report is the intellectual property of the NABARD, Kolkata and the same or any part thereof may not be used in any manner whatsoever, without express permission of the National Bank for Agriculture & Rural Development, Kolkata writing.
39

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SUMMER PLACEMENT SCHEME

PREPARED BY: ARUNIMA JHA B.A.LL.B(Hons.)

SUPERVISED BY: MR. M. K. DE

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

(Arunima Jha) Place: Kolkata ------------------------------------------------------------------------------------------------------------

SIGNATURE: (Mr. M. K. De)

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

This process is known as Irrigation Management Transfer, or IMT.

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

2. Scope of this document & Methodology Adopted:

3. Purpose of this document

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

4. Water as a Natural Resource and Economic Good

Section 3(1-2), National Water Policy, 2002.

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

5. Decentralization and Participation:

See, e.g., Section 11, National Water Policy, 2002.

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

6. History of Pani Panchayat in India:

7. Status of Participatory Irrigation Management: Policy initiatives & emerging issues

7.1. Objectives of PIM:

7.2. Necessity of PIM:

7.3. Provision in National Water Policy (2002):

7.4. Provisions in PIM Acts:

9. LAW ENABLING WUA:

9.1. WUA AS A LEGAL ENTITY:

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

9.2. BASIC FACTS ABOUT, AND OBJECTIVES OF WUA:

9.3 Mentoring and troubleshooting:

9.4 Financial viability of WUAs:

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

9.5 Viability and entitlements to water:

Section 9.1 Section 12 Section 23 Section 42

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

Hand Over Scheme Requirement:

Hand-Over Scheme Process:

Certain Programmes under which fund comes.

2. Beneficiary Committee: Elected

Convener, President and Cashier

6. Rate per Bigha:

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

Rs.62000/- from own fund

10. Pump Operation:

11. Monthly Staff Payment:

12. Average Electricity Bill:

13. Motor Running:

14. Yearly Tax Collection:

15. Yearly Maintenance:

16. Metre Reading Consume:

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

Dakshin Dinajpur Darjeeling

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

113 78 1412 164 310

*Source - SPD, NABARD West Bengal Regional office.

-NABARD SUMMER PLACEMENT SCHEME, NABARD WB RO-

11. Conclusion and Recommendations:

irrigation systems, particularly in distribution and collection of water.

cropping practices which will save water.

ANNEXURE I: Sample Pictures collected from different sites of Nadia District