Water Resource Management in India: Few Reflections

• Bhat Sairam(1)

Introduction:

The growing concern with environmental issues and their impact on general public

awareness, is one of the most noticeable phenomena of the last twenty years or so.

From the question of holes in the ozone layer to conservation of forests and bio

diversity, environmental issues are being raised at various levels.(2)

Water is a unique substance. It is one of the few materials on the Earth that exists

naturally as a solid, liquid or gas. It is not possible for life on earth to exist without

water. Scientists estimate that there are over one billion cubic kilometers of water on

this earth, which covers nearly three fourth of the earth's surface. Though this seems

an inordinately huge amount, in actual fact, less than one percent is fresh and usable

and is found in lakes, ponds, rivers and groundwater. Of the remaining, ninety seven

percent is found in oceans and two percent is locked up in glaciers and ice-caps.(3)

From a global viewpoint fresh water is abundant and the volume of fresh water

renewed by the hydrological cycle between the oceans, the atmosphere, the sun and

the land is more than enough to meet the needs of five to ten times existing world

population.(4)

Water quality monitoring is not yet developed in some countries, in other it is in

decline. The quality of water available for drinking is posing a serious threat to the
existence of life. Degradation of water quality is a consequence of human activities,

land use practices and economic development. Land use practices affect the quality

of water in our streams, lakes, ground water and ultimately the marine environment.

Experience has shown that it is within our ability to slow and reverse water quality

degradation, to improve human health and ecosystem integrity by nations putting

forward a concerted effort. To accomplish this, aggressive, positive and timely

policies and actions are needed. The world has a moral obligation to ensure that

future generations inherit a world with clean water and healthy environment.

Water Scarcity

The apparent abundance of water is deceptive and is often taken for granted.(5)

There is a tendency to abuse and overuse it. This has led to water scarcity, for which

the reasons are as follows,

1. Increasing demand for water due to rapid increase in population.

2. Bad management: India receive the second highest amount of rainfall in the

world, next to Brazil, almost 1150 mm, annually, draining a total volume of 400

million hectare meters. Of this, only 100 million hectare meters is retained in the

soil. The rest is carried as run off into the oceans and seas.

3. Poor ground water resources due to deforestation and overgrazing which result in

soil erosion and the inability of the soil to permit water infiltration.

4. Poor storage facilities

5. Over-exploitation of ground water in water scarce areas often resulting in the

intrusion of saline water in coastal areas.(6)

6. Dumping of various types of pollutants into water bodies, reducing the usability of

the available water.

7. Cultivation of hybrid varieties of paddy, wheat, cotton, sugarcane and tobacco

which consume more water.

8. Evaporational loss of water stored in large reservoirs and loss by seepage in long

canal system.

9. Siltation of bodies of water due to denudation of the vegetational cover in the hills

and catchment areas.

It is time that effective regulatory mechanism is established by which protection of

our water resources can take place. There is also a need for looking at the water

laws in the other jurisdictions and rules and regulations mandating protection.

Water as a vital Resource

In India more than 10 mha out of 40 mha irrigated land has been affected by salinity

and alkalinity. Water logged areas, counted as 'water-eroded lands are estimated to

be about 74 mha out of India's total agricultural area of 143 mha. According to one

government figure, most of 219 irrigated projects suffer from lack of drainage of

land, and are thus contributing to soil and water degradation.(7)

Not just does the issue of scarcity of water need to be addressed, but also the

conservation of water also needs to take place. Without these it is impossible for the

survival of the ecosystem to take place and nature would be placed at an imbalance.

The sustainability of global food production increasingly depends on efficient water

use(8). In order to protect and maintain water sources necessary for agricultural,
fisheries and agro forestry matters, water saving technology and management must

be applied to all these types of activities.

One way by which preservation of water can take place is through the system of

water resources management. At present in India there is no central legislation by

which water resource management can take place, but most of the states have

legislation for their metropolitan by which water resource management can take

place in those areas.(9)

Water Resource Management in India:

Water Resources management is a very important issue with regard to the

conservation and the protection of water. Water demand management is meant to

manage the available water resources wisely and to deliver the necessary amount for

sustainable development. In these include environmental conservation with inter and

intra generation equity in mind while any policy of conservation is formulated.

In pre-British India water management was essentially a local matter and was in the

hands of the community. This changed with the advent of the British period and of

modernity. Control over water resources passed from the hands of the community

into those of the state. While ownership of natural resources was claimed by the

state, management passed into the hands of engineers and bureaucrats. The

induction to western engineering ushered in the era of large dams and there was a

concomitant decline of traditional forms of small scale, local, community-managed

systems of water harvesting and management. These new projects became symbols

of development.

Government initiatives for water resource management are outlined in National

Water Policy, 1987, National Conservation Strategy and Policy Statement on

Environment and Development, 1992, and Policy Statement for Abatement of

Pollution, 1992. The strategy and policy statement prescribe command and control,

technological zoning, fiscal incentives and use of economic instruments as

mechanisms for water pollution control. The present approach to control water

pollution in India is to use regularity instruments along with systems for monitoring

the prescribed standards to achieve the government's policy goals. This standards

for ambient and point source discharges are set by various acts of the government.

Compliance is mandatory and provisions for penalties are made in the acts. These

are monitored by the central and state pollution control boards. A legal framework

and occasionally fiscal incentive schemes for implementation and compliance of the

standards support the regulatory approach.

The Constitution of India provides for the right to life, which is a fundamental right

under Art. 21 and has ben interpreted by the courts to also include the right to pure

air and water.(10)

Citizens may also fight against polluted water under s. 277 of the IPC which deals

with fouling water or water bodies.(11) The causing any Public nuisance(12), and the

power of the Executive magistrate under sec. 133 of Cr. P. C(15) is one which would

bring seedy relief from any fouling of the water. The more recent legislation on water

pollution is the Water [Prevention and Control of Pollution] Act, 1974. This Act is

meant to curb the various kinds of pollution ranging from domestic to industrial

pollution. Violations under this Act are more severe.(16) Another legislation dealing

with the aspect of purity of water is parts X-B and XI-A of the Merchant Shipping Act,

inserted by the Amending Act of 1983 dealing with every aspect of marine pollution.

There are several judicial decision which have affected the issues of water rights.
Several legal and policy issues have affected water resources management especially

in some of the drought prone areas.

Dispute in relation to water: The legislative response

Since time immemorial man has maintained a close relationship with water through

the river. Rivers have cradled throughout history. Man draws water from the rivers to

support his productive activities, including the production of food. Yet, the

development of civilization has a devastating effect on the river basin and threatens

civilization itself through floods and soil erosion caused by the river.(17)

The result of the diverse human activities taking place in the river basin are reflected

in the river. Take the example of deforestation. The felling of trees enhances the

damage caused by floods and droughts. Water pollutants discharged at one point will

flow downstream the river and adversely affect water use down the river. To resolve

the problems of irrigation and salination dams are built in the lower reaches, and

they impede the upstream movement of fishes. Problems of this nature lead to

regional conflicts ion which the upstream parts may be at odds with the downstream

parts or the left with the right river bank. Such conflicts may escalate to international

friction.(18)

Art. 262 of the Constitution of India deals and empowers parliament to deal with the

issue of adjudication of disputes relating to waters of inter state rivers or river

valleys. Clause (2) of the article empowers parliament to enact provision barring

jurisdiction of the Supreme Court or other courts n respect of such disputes.

There is existence of Water Disputes Act that deals with the setting up of a tribunal

for the adjudication of a dispute. The tribunal shall consist of only one person

nominated by the Chief Justice of India from persons who are or have been judges of
the Supreme Court or the High Court Of India. The decision given by the tribunal will

be published in the official gazette and the decision shall be final and binding upon

the parties to the dispute and shall be given effect to by them. No dispute may be

referred to the tribunal however, in respect of matter that may arise regarding

anything that may be referred to for arbitration under The River Boards Act, 1955.

Neither the Supreme Court nor any other Court shall have or exercise jurisdiction in

respect of any dispute which may be referred to a tribunal under this Act.(19)

The Water Dispute Act, 1956 has been enacted by parliament in exercise of the

power conferred by Art. 262. The Subject matter of the act is not covered by any of

the entries in the legislative Lists. Moreover the power conferred by this article

overrides the legislative entries.(20) Another provision of the Constitution that needs

to be looked at is Art. 288 of the Constitution. Clause (1) of this article validates all

state level laws in force immediately before the coming into force of the constitution,

which imposed tax with respect to water and electricity. The Constitution ensures

liberational potential of law for these movements. Art. 19 speaks about the right to a

profession and it is often quoted to defend effort to industrialize or modernize. What

is forgotten here is that this is frequently done at the expense of a much more

important fundamental 'right to life', dealt in Art. 21.

Life means 'lifestyles' and to remove people from their habitat in which they have

lived for centuries requires a very strong justification. It cannot be compensated by

any amount of cash compensation. The power of the State is not by itself such a

justification, except in societies not aspiring to justice and rule of law values. This

interpretation of legal sociologist seems to be more responsible and just in a welfare

State. The Supreme Court in Maneka Gandhi v Union of India transformed the right

to life into a positive right thereby imposing an affirmative duty on the state. The
post Maneka ear has witnessed an unprecedented judicial activism in the country by

converting Art. 21 into a sanctuary of human values. In Francis Caolie Mullien v Delhi

Administration, Justice Bhagwati observed: 'the right to life enshrined in Art. 21

cannot be restricted to mere animal existence. It means something more than just

physical survival. The Right to life includes the right to live human dignity and all

that goes along with it, viz., the basic necessities of life such as education, nutrition,

clothing and shelter over the head'.

It is not inappropriate to read to clean, drinking water into his right, for it will be

impossible to live with human dignity without clean and healthy water.

No doubt Art. 39(b)and (c) of our constitution directs the states to distribute

'common goods' in a manner which best serves the community but Art.21

guarantees life and livelihood of the people and Art. 19 (e) secures the right to

reside. Whenever an irrigation work, particularly large-scale work, is constructed, all

these rights are directly infringed. Does the reutilization of water resources serve the

'common good'? The constitution guarantees equality before the law and equal

protection of the laws to all through Art. 14, no class of citizens is to be favored. By

and large, the original local people are displaced in the name of 'common good' and

the benefits of the resources are distributed to quite some other people. Hence the

first major issue which arises is one of distributive justice. Do the people running the

industries or living in urban areas have a greater claim to benefit from new utilization

of the water resources for their life and livelihood?

One Important provision added by the 42nd Constitutional Amendment(21) is Art. 51-

A. The Article which finds a place in Part IV A entitled 'fundamental duties' states:

It shall be duty of every citizen of India- to protect and improve the natural

environment including forest, lakes, rivers and wildlife and to have compassion for

living creatures.

An important anomaly in the existing constitutional scheme is that the citizens of the

country have no constitutional remedy when the state fails to discharge the

constitutionally ordained injunctions and also when it wilfully damages the natural

environment, which it is constitutionally obliged to protect.

When the interests of the state may come into conflict with those of the citizens, as

the cases of antidam movements show, the citizens should have been guaranteed a

constitutionally enforceable right to a decent environment. But the courts are

(22)
reluctant to do so as is evident from some of the decisions of the Courts.

The Arguments for the construction of an irrigation work in terms of 'national good'

broadened the referential scope of the meaning of the term /common good' in Art.

39(b) of the Constitution, that is, the 'common' now includes not only the local

inhabitant near the river where irrigation work is to be constructed, but a much

larger community. This argument is tenable and sensible. No one in his right mind

will deny that a large community must have access to the utilisation of the common

water resource. It is to be noted however, that this argument allows only the

possibility of benefit sharing from a smaller to large community. It does not, in any

way, allow the substitution or the elimination of the smaller community. No principle

of distributive justice can allow this. What in fact happens in the construction of

large-scale projects is that the local inhabitants are totally displaced and

dispossessed of the original resources available to them. The benefits arising out of
the new use of the water resource is either of a type to which they cannot have

access, because the do not have the buying power, or the benefits are distributed in

a manner which does not reach them. It would be agreed that this is nothing but

gross violation of all principles of distributive justice laid down in the Constitution.

Agenda 21 of the Rio declaration insists at developing irrigation schemes which have

not only the potential to supply great increases in food production, but also the

potential for the destruction of wetlands(23), water pollution, increased sedimentation,

salinisation of soils and loss of biodiversity.

The extent to which water resources development contributes to economic

productivity is not usually appreciated, although all social and economic activities

rely heavily on adequacy and quality of freshwater. In India, as populations and

economic activities grow, many regions are rapidly reaching conditions of water

scarcity, quality degradation or facing limits on economic development. It is in this

light that the recommendation of Agenda 21 will have to be implemented.(24)

Rights in relation to Water

Right over any resource is not necessary when it is abundant and freely available. It

applies to water also. However, certain control mechanisms were found necessary

due to certain extreme conditions experienced by people. On the one hand, there

were floods and the problem of heavy water logging and drainage; community

participation was found necessary to save the human society from such natural

disasters. On the other hand, there were droughts and water scarcity and so was the

need for certain rules and regulations to use the available water more effectively,

equitably and efficiently. Thus, in the process of development of a society, water has

emerged as one of the most important natural resources to deal with for a better
human living. Indeed, in the recent times, the increasing gap between demand and

supply has resulted in several managerial problems such as allocation, maintenance,

prioritizing use of water and need to resolve conflicts that may crop up in the process

of sharing.

Conferring water right is an important measure or an institutionalized principle,

which regulated water use and conflicts. All laws relating to water and other natural

resources became necessary because of progress attained by human societies, which

in turn brought demand for resources, scarcity conditions and problems of free

riders; precisely because of these reasons, there was a need for informal rules and

regulations; these have evolved over a long period time. These informal rules and

regulations, which evolved over a long period time, reflected the socio-economic and

political structure of society at any given point of time; These rules were not static

but were subject to quite a good deal of changes; These changes were influenced by

factors such as geo-physical and climatic conditions, socio-economic and political

conditions and level of technological development.

Therefore, water rights are basically certain kind of institutional arrangements, which

have evolved / emerged over a long period of time in the history of human

settlement, in order to enable a society or a user-community to act, interact and to

manage a system. This is not to glorify the irrigation institutions that existed in the

past. Indeed, the kind of irrigation institutions that were controlled by kings or local

chieftains was nothing but hydraulic despotism and reflected very much the local

power structure and production relations at any given point of time. Nevertheless,

there existed some organized and codified rules and regulations, customs, roles and

mores, legislations, notifications etc., which not only defined access over water for a

community, but also subsumed all critical functions of water management. And,

given the local power structure unequal access to means of production, these
institutions performed well in protecting the water rights of `user communities ?. In

the Indian context, the emergence of colonialism and formation of welfare state have

not only altered the power relations but also have contributed to disintegration of

these rights over natural resources, in particular water. At the same time, it is not to

deny the wisdom that State has a key role in facilitating water use and in protecting

the rights of user-communities. Further, in the context of present water rights

debate, it is necessary to distinguish between rights acquired / gathered over time

(riparian rights), and rights gained due to access to resources. Urban industrialists

controlling water resources in the rural areas by sinking deep tube wells (much

deeper than the existing ones in a village) is a classic case in support of rights

gained due to control over resources.(25)

Practice of traditional /customary water rights in India

The technology of water use for agriculture has developed over a period of many

centuries and its history has run parallel with the patterns of human settlement and

formation of village societies.(26)

The water rights, therefore, are not something, which were given to water users but

were gained or acquired by them over a very long period of time. These are called

customary rights, which were recognized by Hindu laws and latter by English laws.

Though customary laws varied from state to state, they had some common ground

such as community rights and informal arrangement. These customary laws had

many advantages compared to statutory rights. "Customary law has been dynamic

more in tune with the needs of the people than dogmatic about certain fixed notions

of territorially or ownership right.... Limitless to space and quality, they are broader

in approach than the legal systems ?(27)

In India, the Easement Act 1832 specifically recognized customary rights of people.

Thus, as per the custom and convention, people were entitled to tap water, which

(due to gravity) flows through an upper plot or another person's land(28)

. However, this Act was not applicable to ground water.

To what extent the State could follow the principle of equity in making

available water to all users? Since prevalence of corruption is one of the biggest

problems of a democratically elected welfare State, to what extent the rights

exercised by it is efficient and delivers goods to the user-community? The State,

given its rights to extend cities and towns, and in extending irrigation systems in

order to bring more and more area under their command, takes away the existing

rights of the people. To what extent is it justified? Water rights can also be looked at

from the angle of human rights issue: This is more relevant in a situation in which

the marginalized people, whose rights have been appropriated, are defenseless and

cannot seek justice in a court of law. In this context it is necessary to distinguish

between the rights gathered by the people over time and rights claimed /seized due

to access over resources and due to nexus with the State (e.g., urban industrialists

buying a piece of land in a village, installing a deep bore-wells and extracting

unlimited groundwater for their industrial use, thereby contributing to drying up of

groundwater in many wells who cannot afford to compete, or urban industries

polluting the existing water bodies by discharging industrial effluent and thereby

depriving their rights over water which they enjoyed for many centuries). What is

the role of the civil society in water resource management ?

Water resource management by Community: The evolution of Pani

Panchayat

• Pani Panchayat in Maharastra(29)

The term 'pani panchayat' actually refers to the mobilization of groups of farmers for

the formulation and implementation of community irrigation projects. The term was

first coined to denote the five member committee that was formed to oversee the

first lift irrigation project set up by the Gram Gourav Pratishthan [GGP]. Today the

term symbolizes the principles of equitable distribution of water.

Attempts to alleviate rural poverty have focused on provision of irrigation facilities

through construction of public works like dams, percolation tanks, canals etc.

However, many of these projects have failed to achieve their objectives because the

have not resulted in the redistribution of resources among the rural population.

Although land and water are equally important in agriculture, it is water that

ultimately determines the economic status of the farmer. For, whatever the size of

the landholding, without water it cannot be cultivated.

Even so, landownership has always been the crucial facto in stratifying rural society

into rich and poor classes. This stratification has resulted in grave socio-economic

injustice which have paradoxically strengthened over the years, largely due to the

irrigation projects designed supposedly for the benefit of small farmers.

What generally happens with irrigation projects is that water is allocated in

proportion to landholdings. Large farmers get more water and with increased

production, their ability to use other technological inputs also increases. This widens

the already existing gap between big-rich and small-poor farmers. Similarly, farmers
whose fields are located closer to the source of water get greater benefits than the

farmers whose fields are located away from the source of water.

Mahur village in Purandhar block of Pune district is like a green oasis in the parched,

drought prone district of Maharashtra. Standing on a small hillock, for miles around

green fields could be seen. At the base of the hillock is a minor irrigation tank into

which the rainwater is harvested. This almost perennially full water body is the

lifeline of Mahur village and its principle of equity in water distribution is its

sustenance.

Water is treated as common property resource with all villagers having equal rights

and access to it. Farmers who were getting barely 50 kgs of Bajra and Jowar per

acre and the annual income was Rs. 2500 are now earning Rs. 10,000, in addition to

the traditional cereals, they are growing wheat, onions, vegetables, flowers etc.

The man who pioneered the radical technological and social water sheds and

guarantees each family within the community and equal share of the water

harvested is an engineer with his own factory. It was in 1972 after the terrible

drought that affected some 4 lakh people, that Mr. Salunkhe realized the need to

intervene. He realized the need for environmental regeneration and water shed

development with full participation of he community.

Conserving soil and harvesting water was given top priority. A series of contour

bunds were raised to trap water and check soil erosion. At the base of the hill slope,

a percolation tank that could hold upto a million cubic feet of water was constructed.

A well was dug below it and water pumped from there up the hill slope for irrigating

the fields. Trees were planted in the rocky areas; fruit trees were grown in fertile

areas and grass and shrubs regenerated on lands not being cultivated.
In order to overcome social injustices, the GGP laid down five basic principles of Pani

Panchayat or Gram Gaurav Pratishtan :1. Irrigation schemes: Irrigation was taken up

for group of farmers and not for individuals. Water is allocated on the basis of

number of members in a family, rather than in proportion to land holding. A family

unit of five is given water rights for irrigation of one hectare of land.

2. Cropping is restricted to seasonal crops with low water requirement. Crops like

sugarcane, bananas and turmeric cannot be cultivated in pani panchayat areas.

3. Water rights are not attached to land rights. If land is sold, the water rights revert

back to the farmers collective

4. All members of community, including the landless have right to water

5. The beneficiaries of the panchayat have to bear 20 percent of the cost of the

scheme.

With farmers paying 20 percent of the cost of lift irrigation, the government provided

another 50 percent and the remaining 30 percent was provided by pani panchayat as

interest free loan.

Lift Irrigation

Most of the Pani Panchayat schemes are located in drought-prone areas where water

is a scarce resource. Therefore, judicious utilization of the water made available

through the lift irrigation project becomes an important criteria for ensuring optimum

gains to individual members. Under the Pani Panchayat schemes, water made

available for irrigation is utilized for cultivating seasonal crops requiring less water,

rather than crops requiring perennial irrigation and large quantities of water.
On basis of these principles, community lift irrigation schemes in Purandhar and

neighboring taluqas have brought under irrigation about 3,000 acres of land,

covering a population f 10,000 people from 1,500 families. The total capital

investment has been Rs. 70 lakh, for which people have contributed their share of

Rs. 15 lakh. Some projects have received subsidies amounting t a total of Rs. 15

lakh, and the remaining amount has been given by the GGP in the form of interest-

free loans. In other cases, the GGP has helped farmers to obtain loans from

nationalized banks.In about 10 years the number of lift irrigation schemes has gone

up to more than 100 and most of them are functioning in a sustainable fashion. As a

result farmers are able to produce two crops a year with an irrigation provision of

eight months whereas earlier the land could sustain only spare amount of rain fed

cultivation.

The GGP suffered numerous setbacks in its efforts to set up lift irrigation schemes

because of political upheavals and the whims of politicians, which delayed the

process of obtaining subsidies for the farmers.

The capital investment required for setting up the schemes were beyond the means

of ordinary farmers, therefore, financial assistance in the form of subsidies or loans

were required. When the first irrigation schemes were being planned in 1980, the

GGP formulated a financial plan known as panch-teen-do, or five-three-two. This

plan represented the ratios in which the finance would be raised from three sources.

It meant that, of the total cost of setting up the lift irrigation scheme, 50 percent

would be taken from the government in the form of a subsidy, 30 percent would be

an interest-free loan from GGP, to be repaid in 5 years, and 20 percent would be

contributed by the farmers themselves in cash and as voluntary labour.

At the time that the first lift irrigation schemes were formed in 1980-81, subsidy was

available under the 'Minor irrigation Extension Programme-2 to 4 hectares'. This

subsidy was available for small landholders, and for schemes prepared according to

the rules framed for cooperative societies. Since a decision had been made not to

formalize the schemes into cooperative societies, the farmers applied for the subsidy

as small landholders.

The Equity Principle:

Most of the interventions that provide access to water resources benefit those who

are in advantageous positions in terms of control and power, or due to the position

of their landholdings in relation to the water source. Community efforts to provide

access to water should ensure that benefit-sharing crosses all borders and the gains

from the community action are shared as equitably as possible.

The success of group endeavors at the village level depends upon the perception of

benefits of every group member. Members should feel that they have more to gain

from becoming members of the group than by performing the activity on their own.

The GGP lift irrigation schemes are group endeavors which ensure equitable

distribution of water resources created. It is this perception of equal benefits that

motivates farmers to come together to implement Pani Panchayat schemes.

People's Participation:

People's participation in its true spirit means that the project itself is perceived by

the people as belonging to them, and that they participate in the project right from

its implementation and management. The contribution of voluntary labour or

shramdam makes the farmers feel that they are working for their own welfare,

rather than being recipient beneficiaries of a development scheme.

Local Leadership

Leadership is necessary to keep the group together and focus on the main goals of

the project. A very positive factor in the Pani Panchayat system is the local

leadership that has developed, due to the emphasis on group initiation and group

management. Most of the schemes are in resource-poor, drought-prone areas, and

what has contributed to the development of local leadership is the sheer necessity to

survive in a harsh environment. Farmers have taken up leadership roles to change

their own lives and the lives of fellow farmers, when they felt that there existed

alternative that would improve their socio-economic conditions.

Informal Groups:

The Pani Panchayat lift irrigation schemes are informal groups managed by the

members themselves. They are not formally registered as cooperatives, societies or

truts. Since the farmers themselves come together to omplement a project that

benefits them, they do not feel the necessity to become answerable to any authority

outside the village. Another important deterrent to formalizing the group is the issue

of elections. Elections give rise to groupism which eventually destroys group spirit.

Local politicians then enter the fray and attempt to capture the cooperative, thus

undermining group endeavor even further.

In Pani Panchayat schemes, the group head and the five member committee are

chosen unanimously, without elections. In this manner a major are of conflict is

removed while structuring the group itself.

The advantage of an informal group is that it makes every member responsible and

eliminates the chances of any member free riding on the efforts of other. It becomes
the responsibility of every member to keep the project going as his own stakes are

involved. Every member's contribution becomes important and necessary.

In order to prevent misutilization of the scarce water resource in the Pani Panchayat

schemes, decision was taken not to grow water intensive crops like sugarcane. Since

the water is distributed on a 'per person' basis and the amount is limited, it becomes

imperative for the farmer to plan for judicious utilization. Growing food crops thus

becomes the most efficient way to utilize the rationed water. On an average, the

Pani Panchayat scheme provides 7,000 to 8,000 cu meters of water to irrigate one

hectare of land. This quantity is sufficient to grow food grains, and limited amounts

of oilseeds and vegetables. In this way the farmer is able to cultivate some cash

crops, along with food grains.

Drinking water at no Extra Cost

Most irrigation projects do not take into consideration the needs of both men and

women water users. In order to utilize the available water efficiently for the

community, it is necessary to understand the needs of both men and women users.

Management of water resources can then be planned in a way that can

accommodate the needs of the entire community. The Panchayat has made available

for drinking purposes and domestic use. In Madhapur village, Yeotmal district for

example, the village is situated atop a small hillock. The only source of water is at

the foot of the hill. Under the lift irrigation scheme, a water tank was built near the

settlement, due to which the women no longer have to walk up and down the hill to

fetch water.
 • Pani Panchayat Rajasthana.

Rajendra Singh(30) joined Tarun Bharat Sangh in 1975. His first mission landed him in

Rajasthan's Kishori village, the head quarter of the TBS today. Trying to understand

the social dynamics over the next few months, he wondered why the villagers never

improve their living conditions. Why was the land arid and unproductive? Where has

the forest of the Aravalli gone? Why was there no ground water despite an annual

rainfall of 600 mm?

It was then that he mobilized volunteers, villager into shramdan to de silt and

deepens a pond. This was the start of the long drawn battle for the building of small

check dams across small stream and rivers and conservation of lakes and wetlands.

Apart from providing work and irrigation, the water harvesting projects reunited

families. Men who had fled to the towns began returning home to farm their once

barren lands. The villages were no longer inhabited only by old men and children.

Tarun Bharat Sangh (TBS) has done pioneering work in building water harvesting

structures (called Johads) in North-Eastern part of rural Rajasthan. Local population,

motivated by TBS, builds Johads. The designs of these structures are based on local

experience and traditional knowledge. These structures have raised the underground

water - table very significantly, turning vast stretches of barren land into fertile

agricultural land. Areas described as 'dark zones' due to low water tables has been

re-designated as 'white zones' by the State. Two dry and seasonal rivers have turned

perennial. People have found employment locally, and migration to urban areas has

considerably been reduced. This has benefited ecology of the area. Since the work

has been done in and around Sariska Tiger Sanctuary, it has benefited the flora and

fauna a great deal.

Availability of water closer to villages and recharging of wells has benefited women

tremendously who spend much less time now in fetching water for domestic use and

for animals..

Water made life more meaningful for the women, they did not have to walk miles

with half a dozen pots delicately balanced on their heads; water was now a stone's

throw from their homes. Earlier they were condemned to sped their days fetching

water, now they have time to take care of their children and send them to school.

There is future. Another important impact of Johad building has been to bring the

village society together. They have learnt to plan, supervise, execute and maintain

works connected with Johads. Their voluntary contribution for building these

structures as been upto 90% in some cases. Moreover the Aravallis today are green

with forest and the once deserted land, look prospective grazing lands.

• Pani Roko Abhiyan

For the first time in the last 50 years, several state governments are dealing with

drought in a different ways - moving away from drought relief to drought mitigation.

In Gujarat Pani Roko Abhiyan was started in the year 2001 when 23 out of 25

districts were drought hit and ground water level receded alarmingly, causing a loss

of Rs. 4000 corers in agriculture to Gujarat government. Sardar Patel Participatory

Water Conservation Programme (SPPWCP) was then initiated. In the programme the

40% cost is met by villagers and 60% cost by State government. By the end of the

2000, 13,539 structures had been erected. The villagers contributed Rs. 200 corers
from which 2500 check dams were planned. Due to the 2001 earthquake, only 800

structures could be made in this year. In Madhya Pradesh also Pani Roko Abhiyan

started from Kalalhoont village of Jhabua district when it was crippled by two

consecutive droughts, an NGO, Action for Social Advancement (ASA) offered the

villagers to renovate tanks with 25% contribution of villagers. ASA, villagers and

State govt. accepted the challenge and turned a calamity into an opportunity. The

water, which was stored, was enough to irrigate more than 61 hectares of land and

additionally recharged the wells. Such initiatives were started all over M.P. M.P.

government spent Rs. 316 crore while people contributed Rs. 99 crore and the

scheme reached out to all the 52,000 villages in the state.

Conclusion:

The current rate of population growth, combined with the growing strain on available

water resources, India could well have the dubious distinction of having the largest

number of water-deprived persons in the world in the next 25 years. This is the

scenario if the available resources are not managed judiciously and with care.

Urbanisation and an ever-increasing population(31) in the recent decades have

contaminated water bodies, thus making them unfit for use. These, coupled with

growing needs, have led to increasing dependency on ground water. Excessive

tapping of ground water, through numerous boreholes, has led to a decline in the

water table, whose means of replenishing itself have been greatly hampered.
Eighty-five per cent of India''s urban population has access to drinking water but

only 20% of the available drinking water meets health and safety standards. It is

estimated that by the year 2050, half of India''s population will be living in urban

areas and will face acute water problems.(32) Furthermore, there are serious

inequities in the distribution of water. Consumption of water ranges from 16 litres

per day to 3 litres per day depending on the city and the economic strata of the

Indian consumer.(33)

The water in rivers is wasted as it flows into the oceans and is not properly

harnessed. The debate on dams as a means of harnessing water continues to make

this issue politically and environmentally sensitive. No clear ecologically stable and

financially viable solution has emerged. Water projects can bring many positive

changes to the lives of poor people and can work particularly to improve the lives of

rural women, small farmers etc. Governments play and will continue to play a critical

role in rural development and resource management. Governments define the legal,

policy and institutional frameworks within which water resources are managed and

rural economies and societies function. The concept of Pani Panchayats has come to

stay, if the state functionaries fail in their duty to provide basic means of livelihood

to its masses, the people will and should be encouraged to manage their own local

resources.(34) To this end, if conservation of wetlands is left to the management of

local self government institutions, this will dilute State entity and will lead to

increased people participation in decision making. If every State adopts strategy to

tap rain water, scarcity would be a matter, forgotten.

1. B.Com, LL.M. PGDML. Research Officer, National Law School of India University,

Bangalore.

2. The ugly cousin of all this modern use of water resources is that pollution and

disruption of natural systems. For example, when a factory uses water as a coolant,

the water becomes warm. Often times when this heated water is dumped into

thermally sound waterways, it is increases the overall temperature of the water. This

may not seem harmful, but the problem is that warm water cannot hold much

dissolved oxygen. The result is suffocation of many living organisms in the water that

require dissolved oxygen. Much wildlife dies as a result of this pollution. Another

problem is sewage dumping. With sewage there is a gross excess of nutrients;

namely nitrates and phosphates. Although this situation may seem good, given that

tremendous surge in plant and especially algae growth occurs, in fact, it is tragic.

After the bloom season passes, all the formerly living surplus plants die and

decompose. Decomposition requires oxygen. A major source of fresh water is ground

water. This water is usually stored in aquifers or underground waterways.

Sometimes, these aquifers are drained excessive and cannot be filled in time to meet
their original water amount. This process, called overdraft, can be more clearly

defined as the drainage of a body of water more faster than it is filled.

3. Over 70% of the earths surface is covered by water. The amount of fresh water is

only 0.8% of the world water supply, 1.8 % is frozen in polar caps and 97.4 % is salt

water in oceans.

4. India is endowed with vast water and land resources. Renewable water resources

in the country are estimated at 4 % of global availability. Estimates of early nineties

indicate that the per capita availability of land freshwater in India are 0.2 ha and

2200 cubic metres against world average of 0.27 ha and 7400 cu.m. respectively.

Global Water Partnership, Integrated Water Resources Management in South Asia: A

regional Perspective for GWP action: Aug: 1998, P. S Rao, Water resource

Management in India, P. 40

5. In 2025, about 84% of the population in industrial countries and 56% of

developing country residents will live in urban areas. This represents a dramatic

change from the present situation and will result in a relatively static level of rural

population in many developing countries. But rural water management will have to

support this population distribution and ensure that acceptable livelihood and

environments are available. In developing countries the importance of women

farmers is increasing as fewer men farm, and women achieve greater rights and

recognition. Some observers estimate that worldwide, women farmers are

responsible for as much as 50 % of food production. A Vision of water for food and

rural development, 17 March 2000 The Hague. World Commission on Water for 21st

century. CEERA library

6. More than 90% of the world's total supply of fresh water is groundwater. However

this source is getting depleted at an alarming rate due to increasing demand, or is

getting due to industrialization, use of pesticide and fertilizers etc, and due to

dumping of hazardous chemicals by households/industries.

7. Dr. Muhammad Nasir Gazdar, Global Water Resources for Irrigation, Agriculture

Development, Global Development and Environment Crisis: Has Human Kind A

Future, Asia Pacific Peoples Environment Network. P. 515

8. Singh, Environmental Law: International and National Perspectives 330 (1995)

9. See Chennai Metropolitan Ground Water [Regulation] Act, 1987

10. Art. 21 deals with right to life and personal liberty and according to the court this

right includes the right to have clean air and water. Issues of water resource

management, riparian rights and watershed rights are all responsible for the ability

to procure pure air and water for the citizen of the country. See Subhas Kuamr V

State of Bihar AIR 1991 SC 420

11. "whoever voluntarily corrupts or fouls the water of any public spring or reservoir,

so as to render it less for the purpose for which it is ordinarily used, shall be

punished with imprisonment which may extend to three months or with fine of one

thousand rupees or both".

12. It is covered by tort of nuisance as it causes injury to person and property,

comfort and health. In Pakle v. P. Aiyasami(13)

(14)
13. AIR 1966 Mad 359

14. AIR 1959 Pat. 273

15. u/sec. 133 Cr.P.C, 1973, the Executive Magistrate may order the removal of

obstruction, which is causing Nuisance, for it may cause public injury, discomfort to

the health of the public. The power is wide enough to include ordering any Statutory

body like the Municipal Corporation, to perform its statutory duty of maintaining

health and sanitation, and for the lifting of garbage. [Ratlam Municipal case].

16. Another remedy available to citizens would be a complaint by a government or

private agency may give to the State Pollution Control Board and wait for 60 days for

the PCB to take action. Only in cases where the PCB does not respond can the citizen

can go to the court. However it is to be noted that this applies only to suits under the

Water Act of 1974.

17. The river is the main source of man's [fresh] water supply. The other major fresh

water supply comes from the ground water whose level and quantities are, in turn

maintained through the river and the river basin.

18. Report on Sector Consultation 'Water in Rivers'- towards a contribution to the

World Water Vision; Water in River' Secretariat, World Water Vision, March 2000, p.

19. Commission on the Centre State Relations Report, 487-493 [Govt. Of India,

1988]

20. In the matter of the Cauvery Water Dispute Tribunal, 1993 Supp. (1) SCC 96

21. In the year 1976

22. The Narmada Case and the Silent valley litigation

23. In this light, the Ramsar Convention on the protection of wetlands needs to be

highlighted. India is a party to the convention and has done little to implement its

objectives by way of legislative ratification.

24. To improve the quality of water better sanitation facilities are essential Agenda

21 proposes a three fold objective namely,

• to maintain and protect the ecosystems of drainage basins world-wide

• to provide safe drinking water supplied to all humanity and

• to strengthen and localise water management programmes

All the above three objectives are necessarily interconnected. The entire issue of safe

drinking water supplies must be viewed as an integral part of improving global

environmental quality, enhancing living standards and health and providing for the

sustainable development of the earth.

25. What are the rights that user communities enjoyed in the past? What is the

process in which these rights have been appropriated by the State? (Chatrapathi

Singh calls it and rightly so, `the right of a welfare-state ?, Sing, 1991)

26. See generally Steward,J.H(1955):Irrigation civilizations:A comparative Study,

Department of Cultural affairs, Pan American Union, Washington,D.C

27. Singh, Chatrapati (1991): Water Rights and Principles of Water Resources

Management, N.M., Tripathi, Bombay pp.67

28. Ibid pp. 68

29. The following is an abstract from a Case study work done by CEERA, for the

Ministry of Irrigation, Government of Karnataka.

30. Magsaysay award winner 2001

31. Agriculture uses more water than any other area of human activity. Food and

water security are therefore inextricably linked, and can only come from concerted

action to achieve more crop productivity from every drop of water sued for

agriculture, especially in the light of population growth.

32. US Department of State, 1999. Industry Sector Analysis

http://www.twnside.org.sg/title/2139.htm .

33. Ibid

34. The 73rd and 74th amendment to the India constitution advocates decentralized

environmental governance, wherein the Panchayats and Municipalities have been

empowered to manage their local resources. Unfortunately the spirit of this

amendment has not yet been fully utilised by the local bodies.