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Presentation on

& her Water Issues


Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Presentation Flow
Introduction Indian Economy Demographics Physical features Water Scenario Ground Water Issues & Solutions Institutions, Legal & Regulatory Mechanisms International Co-operation
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Mainland Coordinates

Latitudes 84' and 376' N Longitudes 687' and 9725' E

Land Area: 3,287,263 sq km Land frontier : 15,200 km. Total coastline 7,516.6 km
(incl. mainland, Lakshadweep Islands, and the Andaman & Nicobar Islands)

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Basic Facts
Population:

2005 estimate: 1,103,371,000 (2nd) 2001 census: 1,027,015,248


Population Density: 329/sq. km (31st) i.e. 852/sq mile

GDP (PPP): 2005 estimate - Total: $3.633 trillion (4th) - Per capita: $3,320 (122nd)

GDP(nominal): 2005 estimate


- Total: $771,951 million (12th) - Per capita: $705 (135th)
Languages: Official : 23 incl. Hindi, English Identified: 844 dialects
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Indian Economy An Overview


Economic Growth
Sustained economic performance Average since 1991 6.2% 2004-05 6.9% Forecast till 2050 Goldman Sachs 5 % p.a. Services account for over 50% of GDP Manufacturing sector grew at 9% in 2004-05

Trade (2004-05)
Exports growth 24% in 2004-05 reaching US$80 billion Imports growth 35% reaching US$106 billion

Foreign Exchange Reserve : Over US$ 146 billion

Mature Capital Markets


NSE 3rd largest, BSE 5th largest in terms of number of trades

Well developed banking system


Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

INDIAN ECONOMY
GDP GROWTH RATES (%)
10 8 6 4 2 0 8.5 6.5 6.1 4.4 5.8 4.0 6.9

SERVICES SECTOR GROWTH


1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 GDP grow th (%)

(AS % of GDP)
43.9 28.1 28.0 48.9 27.2 23.8 52.4 27.1 20.5

60 50 40 30 20 10 0

32.2

40.6 27.2

1990-91

1995-96 Agriculture

2000-01 Industry Services

2004-05

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

GDP GROWTH
GOLDMAN SACHS PROJECTIONS
India 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 469 604 929 1411 2014 3174 4935 7854 12367 18847 27803 Italy 1078 1236 1337 1447 1553 1625 1671 1708 1788 1912 2061 France Germany Japan China USA 1311 1875 4176 1078 9825 1489 2011 4427 1724 11697 1622 2212 4601 2998 13271 1767 2386 4848 4754 14786 1930 2524 5221 7070 16415 2095 2604 5567 10213 18340 2267 2697 5810 14312 20833 2445 2903 5882 19605 23828 2668 3147 6039 26439 27229 2898 3381 6297 34799 30956 3148 3603 6673 44453 35165

INDIAS GDP WILL EXCEED ITALYS IN 2020, FRANCES IN 2025, GERMANYS IN 2030 AND JAPANS IN 2035
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Made in India
Second most attractive destination for manufacturing
ATKearneys FDI Confidence Index 2005

Indian industry equally competitive in a wide range of manufacturing skill-intensive products:


Apparels, electrical and electronics components; speciality chemicals; pharmaceuticals; etc.

Automotive components: Major MNCs & their OEMs sourcing high-quality components from India
Volvo, GM, GE, Chrysler, Ford, Toyota, Unilever, Clariant, Cummins, Delphi

Indian companies now having manufacturing presence in multiple countries


Over 55% of approved outward investment by Indian companies in manufacturing activities
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

FOODGRAIN STOCKS ARE STILL ABOVE THE BUFFER STOCK NORMS


50 40 30 20 10 0 1998-99 1999-00 2001-02 2002-03 2003-04 21.82 44.98 28.91 32.8 22.8

Foodgrain stocks (million tons) (end of March)


Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

POVERTY LEVEL HAS DECLINED SIGNIFICANTLY IN THE NINETIES


60 50 40 30 20 10 0 1973-74 1977-78 1983 1987-88 1993-94 1999-00 2006-07 54.9 51.3 44.5 38.9 36.0 26.1 19.3

Poverty ratio (%)


2006-07 figures are Tenth Plan projections Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

INDIA SCORES HIGHEST IN LOCATIONAL ADVANTAGES FOR BUSINESS PROCESS OUTSOURCING : ATKEARNEY
Cost of labor, management, infrastructur e and taxes Risk,
Size, education, language, BPO and IT skills of workforce

infrastructure,

and cultural environment

Composite index

India
Canada Brazil Mexico Ireland Australia Russia China

3.4
1.5 3.1 3.0 1.8 2.0 3.1 3.1

1.6
2.6 1.8 1.9 2.5 2.3 1.4 1.1

2.3
2.1 1.2 1.3 1.5 1.4 1.1 1.0

7.3
6.2 6.1 6.2 5.8 5.7 5.6 5.2

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

INDIA ITS STRENGTHS


India today has A well diversified industrial base which profits from selfreliance in all core industries A large & sophisticated financial architecture. The robust capital markets today have over 9000 listed companies and boast of a massive market capitalization A healthy GDP composition with agriculture contributing 22%, Industry 22% and services, which have gone strength to strength, accounting for 56% of the GDP

An acknowledged strength in knowledge driven industries like information technology, biotechnology, pharmaceuticals, entertainment software etc
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

ADVANTAGE INDIA
Size of Domestic Market

- 1.1 billion population - Estimated Number of Households by Income Groups (Based on 1999-2000 prices)
o o o

Middle (Rs 80,000 Rs 1,20,000): 27.3 Million Upper Middle (Rs 1,20,000 Rs 1,60,000): 12.5 Million High (Above Rs 1,60,000): 12.2 Million

- Size of the market at Purchasing Power Parity (PPP) US$ 1.5 trillion
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

INDIAN ECONOMY SCORECARD


PARAMETER
FOREX RESERVES

POSITION
STRONG

CURRENT ACCOUNT
EXTERNAL DEBT SERVICE SECTOR GROWTH INFLATION OVERALL GDP INDUSTRIAL GROWTH SAVINGS FDI NEW INVESTMENTS AGRICULTURAL GROWTH INTERNAL DEBT FISCAL DEFICIT

STRONG
STRONG STRONG GOOD GOOD COMFORTABLE COMFORTABLE COMFORTABLE COMFORTABLE STILL A CONCERN STILL A CONCERN STILL A CONCERN

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

DEMOGRAPHICS
AS per 2001 Census Population: 1,027,015,248 Avg. Annual Population Growth Rate: 1.93 % (1991-2001)

Birth Rate (Crude): 24.8 Death Rate (Crude): 8.9 Sex Ratio (Female: Male) : 933
Life Expectancy Rate: (As of Sep 2005) 63.9 years (Males); 66.9 years (Females) Ethnic Groups: Australoid, Mongoloid, Europoid, Caucasian, and Negroid Religions: Hindus : 80.5 % Muslims: 13.4%, followed by Christians, Sikhs, Buddhists, Jains, Jews, Zorastrians and others.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

PERFORMING ART FORMS

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

INDIAS DEMOGRAPHIC DIVIDEND TO CONTINUE TILL 2025


80 70 60 50 40 30 20 10 0 0-14 years 2000 2005 15-64 years 2010 2015 2020 2025 65+ 5 5 5 6 6 7 36 33 30 27 25 25 60 62 65 68 69 68

% Share of age groups

Median age will go up from 21 in 2000 to 26 in 2025

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

GROWTH OF INDIAS WORKFORCE (20-59 AGE GROUP)


2005 (million) India United States Japan Germany United Kingdom France China 550 166 75 49 2050 (million) 812 177 61 40 Growth (million) 263 11 -14 -8

34
34 768

31
33 862

-3
-1 94

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

LITERACY LEVELS IMPROVEMENTS


80 75.0 70 65.3 60 50 40 30 20 10 0 1951 1961 1971 1981 1991 2001 2005 18.3 34.4 28.3 43.5 52.2

Literacy levels (%)

2005 Figures are National Literacy Mission Targets


Literacy: According to the provisional results of the 2001 census, the literacy rate in the Country stands at 64.84 per cent, 75.26% for males and 53.67% for females

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

ADVANTAGE INDIA
Human Capital Edge INDIA has
Over

3 million scientific & technical manpower Stock of over 0.8 million post graduates in science Over 1 million graduate engineers 0.4 million doctors 0.3 million graduates in agriculture and veterinary sciences
Today

India turns out more than 50,000 computer professionals and 360,000 engineering graduates each year

After US, India is home to largest pool of English speaking scientific manpower Five of ten IT centres worldwide possessing SEI-CMM level 5 certification are in India
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Competitive Strengths
Rank out of 102 countries

RANK Availability of scientist and engineers 3 Quality of management schools 8 State of cluster development 17 Quality of scientific research institutions 20 Technological sophistication 25 Government intervention in corporate investment 34 Quality of educational system 36 Sophistication of financial markets 37 Foreign ownership restrictions 41
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

(Source: World Economic Forums Global Competitiveness Report, 2003 -04)

MORE THAN A 100 GLOBAL COMPANIES OUTSOURCE R& D FACILITIES FROM INDIA INCLUDING Intel Pfizer Bell Labs Colgate-Palmolive Cummins
Texas Instruments

Dupont Daimler Chrysler Eli Lily Emerson Electric Delphi Bell Labs Eli Lily

General Electric General Motors Hekel Loctite Hewlett-Packard Honeywell Unilever Whirlpool

Monsanto

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

TOPOGRAPHY
i.The Northern Mountains: - The mighty Himalayan ranges; ii.The Great Plains: traversed by the Indus and Ganga Brahmaputra river systems. (33% lies in the arid zone of western Rajasthan. The remaining area is mostly fertile plains; iii.The Central Highlands lies between the Great Plains and the Deccan Plateau; iv.The Peninsular Plateaus : - Western Ghats, Eastern Ghats, North Deccan Plateau, South Deccan Plateau and Eastern Plateau;

v.The East Coast, a belt of land of about 100-130 km wide, bordering the Bay of Bengal land lying to the east of the Eastern Ghats;
vi.The West Coast - a narrow belt of land of about 10-25 km wide, bordering the Arabian Sea and lying to the west of the Western Ghats, and;

vii.The islands: comprising the coral islands of Lakshadeep in Arabian Sea and Andaman and Nicobar Islands of the Bay of Bengal.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

SOIL Types

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

15 cm

Mawsynram 1187.2 cm (39) Wettest place on earth

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Source: Central Water Commission, Govt. of India Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

The World's Water Hotspots

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

About 700 million people in 43 countries live below the water-stress threshold of 1,700 cubic metres per person per year. In 20 years, 3 billion people will live in countries under that threshold.
Source: Human Development Report 2006
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

India in a World at Risk


The major risks India faces are also opportunities for innovation and change, giving an impetus to technological change. These risks are the loss of freshwater sources, oil peaks, the economic impact of demographics, globalization versus protectionism, climate change and the environment, and HIV/AIDS and TB. Water is the gravest challenge in India, and different states have nearly started wars over water.

- P. Chidambaram, Minister of Finance of India.


Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

INDIA- Water Sector at a Glance


Sl #
1 2 3 4
snowfall)

Item
Estiimated Annual Precipitation (including 4000 328.73 1097.1 1869

Unit
BCM Million Ha Million BCM

"India has 16% of the world's population, 2.5% of the land mass and 4% of the world's water 5 (estimated as on 1.3.2005) 1703.6 cu.m resources. 6 Estimated utilizable water 1122 BCM
Geographical Area Population (projected as on 1.3.2005) Average Annual Potential in Rivers Per capita Water Availability
(i) Surface (ii) Ground

690 BCM 432 BCM 1022.7 cu.m


Year 2000 42 541 8 2 41 2025 73 910 23 15 72 2050 102 1072 63 130 80

Per capita Utilizable water 7 (estimated as on 1.3.2005)


8

Projected Water Demand (BCM)


i) Domestic ii) Irrigation iii) Industry iv) Energy v) Others

Total
Source: Central Water Commission, Govt of India

634
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

1093

1447

River basins across India

Source: http://www.india-water.com/index.asp

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Source: Central Water Commission, Govt. of India


Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Resources of India

Source: Central Ground Water Board Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Resource


Total Annual Ground Water Recharge - 432 BCM
Net Annual Ground Water Availability - 361 BCM

Ground water draft In-storage ground water reserve -

149.97 BCM
10812 BCM

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Development Scenario


(Dynamic Resource)

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

State wise level of Ground Water Development


>100% - Haryana (112.18%) 85 100% - Rajasthan (86.42%) & Punjab (97.66%) 65 85% - UT of Daman & Diu (70%). Negligible Manipur, Mizoram, Nagaland, Arunachal
Pradesh, Sikkim & UT of Andaman and Nicobar.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Statewise availability of GW Resources


State Available GW Resource (BCM/yr)
35.29

Level of Development (%)


28.56

State

Available GW Resource (BCM/yr)


1.40

Level of Development (%)


Negligible

A.P

Mizoram

Arunachal
Assam Bihar Chhatisgarh Delhi Goa Gujarat Haryana Himachal J&K Jharkhand Karnataka Kerala M.P Maharashtra Manipur Meghalaya

1.44
24.72 26.99 16.07 0.29 0.22 20.38 8.53 0.37 4.43 6.53 16.19 7.90 34.82 37.87 3.15 0.54

Negligible
8.75 46.33 5.93

Nagaland
Orissa Punjab Rajasthan Sikkim

0.72
20.00 18.66 12.71 0.07 26.39 0.66 81.12 2.70 23.09 0.326 0.03 0.042 0.013 0.002 0.029 431.886

Negligible
21.33 97.66 86.42 Negligible 64.43 33.43 46.89 35.78 38.19 Negligible

8.30 55.16 112.18 10.72 0.81 33.13 34.60 22.17 27.09 37.04 Negligible 3.97

Tamil nadu Tripura U.P. Uttaranchal West Bengal A&N Chandigarh Dadra & Nagar Haveli Daman & Diu Lakshadweep Pondicherry Total

12.81 70.00

41.57

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Stage of GW Development
Assessment Units* Over exploited: 673 Dark 425 Total 7928
(* Blocks; Taluka; Watershed)

Over-exploited where the stage of ground water development exceeds the annual replenish able limit Dark where the stage of ground water development is more than 85%.

673 425

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Problems related to Groundwater Use


Three problems dominate groundwater use
depletion due to overdraft; waterlogging and salinization due mostly to inadequate drainage and insufficient conjunctive use; and pollution due to agricultural, industrial and other human activities

Most common symptom Secular decline in water tables.


Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Source: IWMI
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Problems related to Groundwater Use


All these problems point to incorrect or Inappropriate land management policies. Differing types of groundwater problems across the country as per specific geo-hydrological conditions.
Overdraft and Salinity Fluoride contamination Arsenic contamination. Saline ingress into coastal aquifers Alarmingly depleted tables in urban areas Water tables affected in villages Water logging. Salinity Pollution of aquifers
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Impacts of Groundwater Use


Impacts: Social, economic and political impacts.
Irrigation Source: Alternate for productive life for farmers
with no access to irrigation commands.

Impaired Regional Agricultural output: According to

experts, a quarter of Indias harvest may well be at risk from groundwater depletion.

Health problems - Groundwater contamination through


pollution or over-draft

Inter Sectoral Conflicts Groundwater the contentious


bone between competing stakeholders (viz. industry, agriculture,
domestic and drinking, rural and urban)
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Chemical Quality of Ground Water


Quality deterioration Domestic pollution Agricultural pollution Industrial pollution Geogenic contamination

Disposal of wastes, leaching of sewer materials,etc.

leaching of nutrients pesticides fertilisers

Disposal of effluents in streams or land

Arsenic

Fluoride

Iron

Nitrate

Salinity

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Quality


Arsenic parts of West Bengal, U.P., Chhatisgarh Fluoride parts of Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Karnataka, Kerala, M.P., Chhatisgarh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil nadu, U.P., W.B. Salinity parts of Andhra Pradesh, Bihar, Gujarat, Haryana, Karnataka, Kerala, M.P., Chhatisgarh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil nadu, U.P., NCT Delhi. Iron Assam, Bihar, Orissa, Rajasthan, Tripura, W.B.

It is reported that 216,968 quality-affected habitations wherein the water contains excess of fluoride, arsenic, iron, salinity and nitrate
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Distribution of Fluoride in Ground Water

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Inland Salinity in Ground Water

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Management Options
Unplanned development of ground water has resulted in over-exploitation and deterioration of water quality Management options available are: Augmenting ground water availability through artificial recharge Ground water regulation through administrative and legal measures.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Management Options
Augmenting ground water reservoirs requires construction of artificial recharge structures Structures are to be scientifically designed depending on geology, hydrogeology, availability of surface run off, topography,etc.

The rate of evaporation in India is very high at places and ranges from about 50 cm to more than 300 cm per year. Hence proper care is to be exercised if the harvesting structure is to store water on the surface.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Sustainability of Ground Water Development


Master Plan for Artificial Recharge to Ground Water in India Area identified for Artificial Recharge 448760 km2 Volume of water to be recharged 36453 MCM Total number of structures proposed 3.925 million
Rural Areas Urban Areas 225,000 3.7 million

Estimated cost
Rural Areas Urban Areas

INR. 244.63 billion


INR. 198.76 billion INR. 45.87 billion

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Revival of Traditional Wisdom Rain Water Harvesting & Water Management Practices
Many water harvesting structures and water conveyance systems specific to the eco-regions and culture has been developed
Harvested rain drops directly from rooftops, collected and stored water in tanks built in their courtyards. From open community lands, collected the rain and stored it in artificial wells. Harvested monsoon runoff by capturing water from swollen streams during the monsoon season and stored it various forms of water bodies. Harvested water from flooded rivers

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Source: http://www.rainwaterharvesting.org/Rural/Rural.htm
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Traditional Technologies
wZing wKul wNaula wKuhl wKhatri wApatani wZabo wCheo-oziihi wBamboo-drip irrigation wDongs wDungs wAhar-pyne wBengal's Inundation channels wThe Ramtek Model wBaolis wKunds wKuis wBaoris wJhalaras wNadi wTobas wTankas wKhadins wVav wVirdas wTalab wSaza kuva wJohads wBandh wPat wRapat wChandela Tank wBundela Tank wKatas wCheruvu wKohli tanks wBhandaras wPhad wKere wDighis wSurangam wKorambu wEri wOoranis wJackwells

Source: http://www.rainwaterharvesting.org/Rural/Traditional.htm
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Zings
Region: Water harvesting structures found in Ladakh.
They are small tanks, in which collects melted glacier water. Essential to the system is the network of guiding channels that brings the water from the glacier to the tank. As glaciers melt during the day, the channels fill up with a trickle that in the afternoon turns into flowing water. The water collects towards the evening, and is used the next day.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Bamboo Drip Irrigation


State: Meghalaya Ingenious system of tapping of stream and springwater by using bamboo pipes to irrigate plantations. About 18-20 litres of water entering the bamboo pipe system per minute gets transported over several hundred metres and finally gets reduced to 20-80 drops per minute at the site of the plant. This 200-year-old system is used by the tribal farmers of Khasi and Jaintia hills to drip-irrigate their black pepper cultivation.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Ran Singh
Churu Vill.

Kunds / Kundis
Region / State: Sandier tracts of the Thar Desert in western Rajasthan and some areas in Gujarat A kund or kundi looks like an upturned cup nestling in a saucer. These structures harvest rainwater for drinking. Essentially a circular underground well, kunds have a saucershaped catchment area that gently slopes towards the centre where the well is situated. The sides of the well-pit are covered with (disinfectant) lime and ash. Most pits have a dome-shaped cover, or at least a lid, to protect the water.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

State: Community wells, found in Rajasthan, that are used


mainly for drinking. Most of them are very old and were built by banjaras (mobile trading communities) for their drinking water needs. They can hold water for a long time because of almost negligible water evaporation.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Baoris / Bers

Contemporary Technologies
Many initiatives where the traditional water harvesting practices have been modified depending upon the domestic and irrigation needs of the local community wArtificial Glaciers wNadis wPolymer Kundis wChaukas wJaldhar Model wTudum Monga wNetworking of Farm Ponds wHorizontal Roughening Filter wCheckdams wContour Trenches wBunding wContour Stone Wall wGully Control wSub Surface Dams wPercolation ponds

Source: http://www.rainwaterharvesting.org/Rural/Improvised.htm#poly Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Contemporary Techniques

Region: Ladakh in Jammu and Kashmir Innovative and Decentralised approaches to water harvesting by Chewang Norphel.
In the cold desert that is Ladakh, the only source of water is met from glaciers. But this comes in late in the summer. It involves channelizing water to the shadow area of a mountain close to a village. After going through metal pipes, the water freezes, creating a glacier close to the village, which is a bonus for farmers as water reaches their fields in spring..
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Artificial Glaciers

Chewang Norphel Leh, Ladakh

Administrative measures for regulation of GW development Amendment of Building Bye laws


Identified urgent need, in urban areas, for amending building byelaws and making Rain Water Harvesting mandatory. 10 State governments/ UT, viz. Gujarat, Maharashtra, Tamilnadu, Nagaland, Delhi, Karnataka, Kerala, West Bengal, Madhya Pradesh and Union Territory of Daman & Diu have made provision of Roof top rain water harvesting structure in buildings mandatory. Efforts are being made to provide for Roof top rain water harvesting structures in Government buildings in NCT of Delhi.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Fallacies / Myths


Vast resources unexploited But this masks high local and regional variability Deeper confined aquifers not exploited But highly uneconomical and suspected high mineralization Electrification has led to easy access to GW But huge losses to power sector in India GW can potentially provide drought and flood buffering But this requires long-term planning and vision

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Way Ahead ..
For efficient management of the resources the following activities are required:
Review provision of free or subsidized power in the agriculture sector. Suitable cost of electricity is to be decided so that no misuse/ over use of power takes place. Peoples participation in watershed development Involvement of Industries Re-cycling of water in Urban areas Non cultivation of water intensive crops in water stressed areas Scientific planning of watershed programme. Mass awareness and Training on efficient use of the resource, its conservation and recharge
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Way Ahead ..
Need for Integrated Planning for Water resources development and management , in consideration of long term as well as short term needs. Need to incorporate environmental, economic and social considerations based on the principles of sustainability. Integrated ground water development and management plan envisaging rational and efficient utilization of regional ground water system requires
Reliable data base, Modeling tools to describe the regional flow pattern, Proper definition of goals and related criteria and Monitoring network for ground water flow and ground water pumpage.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Present Law on Groundwater


Source of Groundwater Law:

Broad Principles

1. Statutory: the Constitution, Central and State laws. Provisions regarding 2. Common Law

Sustainable and Equitable Use of Resources for common good and Fundamental duties of the State and Citizens in relation Provisions to the environment Constitutional : Two kinds
Broad principles Specificare Provisions contained in

Part IV [Directive Principles of State Policy] and Part IV A [Fundamental Duties].


Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

The Directive Principles


Art. 38(1) :- Duty of the State to secure a social order for promotion
of welfare of the people in which justice, social, economic and political shall inform the institutions of public life.

Art. 39(b)(c) -The State has, in particular, to direct its policy towards
securing that
(a) the ownership and control of material resources of the community are so distributed as best to subserve the common good; and (b) the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment

Art. 48(a) and 51 A (g) - The State as well as the citizens are
under a fundamental duty to protect and improve the environment
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Specific Provisions
Vesting of legislative powers Fundamental Rights.
Legislative Powers List II of Seventh Schedule. The Constitution vests the States with powers to legislate on water that is, water supplies, irrigation, canals, drainage, embankments, water storage and water power.
Article 252 - Parliament is given the power to legislate for two or more States on matters falling under the State list, if the States so desire, and resolutions are passed to that effect by all the legislatures of the requesting States.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Fundamental Rights
Articles 14 and 21:- Fundamental rights to equality, life and personal liberty
Courts have recognized that:
The right to clean and safe water is an aspect of the right to life This right can be affected by actions that adversely affect the availability of groundwater supplies.

However, judgements of the Courts do not reflect the day to-day practice in the exercise of rights, but constitute a final recourse to protect or uphold rights, through specific litigious action, case by case.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Statutory Law

Two main central statutes are involved.


Indian Easements Act, 1882 Transfer of Property Act, 1882.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Indian Easements Act, 1882:


allows private rights to use a resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property. A fundamental issue in ground water legislation - nature of right in groundwater.

The Indian Easements Act, 1882, right to groundwater is described, not as an easement as is incorrectly generally interpreted, but as a right attached to land which may be restricted by easements.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

State Law, Customary Law


The right to groundwater as an inalienable part of the right to land is supported both by custom as well as State law in India. In customary practice, landowners generally regard wells as theirs and view others as having no rights to restrict or otherwise control their rights to extract water Statutes that declare State sovereignty over all water sources by vesting their ownership in the State - such as Land Acts and Irrigation Acts exclude groundwater by omitting mention of it.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Ownership of Ground Water . ???


In Orissa, rights to ground water, either of persons or were not, until defined under any Government, Existing Irrigation Acts for 1993, instance do not define legislation. Amendment Irrigation Act- sub-soil ownership of sub-surface of or the groundwater. water included in the definition of Government Water and to water be thesources property of Government. This Source Land Acts - declared refer to all except groundwater . amendment, however, is currently under challenge before viz. Madras Land Encroachments Act of 1905, Maharashtra Land courts law . Madhya Pradesh Land Revenue Code 1959, and Revenueof Code 1966,
Orissa Prevention of Land Encroachment Act, 1972

In short, the State-level Land and Water legislation do not These define rights Acts to list groundwater, all sources thereby in which leaving the Governments it in the realm right of of Common property Law exists, Doctrine excluding . Rights when inthey groundwater are the private are absolute, property protected implicitly by irrigation andexplicitly land lawsmentioned in the country of persons. Ground water is not .

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Common Law
The general rights structure related to groundwater extraction derives from English Common law and is applicable in India as well.

Classic Cases often referred: 1. Acton v. Blundell and


2. Chasemore v. Richards have settled the law in regard to natural rights to underground water

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Implications .
Right to Property, though a fundamental right, can be reasonably restricted in the interest of the public. Easements cannot be interfered with generally. Only in specific situations, where there is a government project for instance, easements can be suspended. Groundwater is a property right, not an easement. It can be generally controlled by legislation, in the interest of sustainability and equity. However, this has not been done.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Federal legislations linked with Water


1882 - The Easement Act 1897 - The Indian Fisheries Act 1956 - The River Boards Act 1970 - The Merchant Shipping Act 1974 - The Water (Prevention and Control of Pollution) Act 1977 - The Water (Prevention and Control of Pollution) Cess Act. 1978 - The Water (Prevention and Control of Pollution) Cess Rules 1991 - The Coastal Regulation Zone Notification 1986 - The Environment (Protection) Act

Source: http://edugreen.teri.res.in/EXPLORE/laws.htm#water Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Earlier Attempts at Groundwater Legislation


Central Model Groundwater Bill (1970) - more than three decades ago.
Very few states adopted the Bill. Those which did, failed to implement it.

Analysis Reasons for failure:


1. The neglect in addressing the issue of rights in groundwater in the context of current management problems. 2. The attempt to enforce a centralized regulatory regime on countless millions of private well owners is feared to result in unmanageable complexities.

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Legal and Administrative measures


Constitution of Central Ground Water Authority
For purpose of control and regulation of ground water development the Central Ground Water Board has been constituted as Central Ground Water Authority in January 1997 under the Environment (Protection) Act 1986. Activities of the Authority include monitoring of ground water contamination, registration of agencies involved in construction of wells, registration of persons/agencies engaged in sale and supply of mineral water, clearance to ground water based projects, conducting mass awareness programmes and training in rain water harvesting. Central Ground Water Authority has notified 11 areas for ground water regulation and also notified 32 areas for registration of ground water abstraction structures
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Legislations on Control & Development of Ground Water Status: The legislation has been enacted and being implemented, viz. the states of Andhra Pradesh, Goa, Tamil
nadu, Kerala and UT of Lakshadweep, Pondicherry and Chandigarh.

The states where the bill has been passed but not enacted are Maharashtra and Gujarat. The majority of the states and UTs have initiated action for preparing the legislations, viz. the states of Assam, Bihar,
Haryana, Himachal Pradesh, J&K, Karnataka, Mizoram, Orissa, Punjab, Rajasthan, UP, NCT of Delhi, Jharkhand, Meghalaya, West Bengal and the UTs of Daman & Diu, Dadra & Nagar Haveli.
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Govt. Initiatives
Bill to Regulate and Control the Development and Management of Ground Water, Jan 2005 National Water Policy 2005 In the offing:

Approach and Concept for preparing ZONING ATLAS Water certification for industries (Voluntary) States gear up to regulate water market (approx INR 50 billion) Satellite imagery to tap ground water

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

International Co-operation
Bilateral Co-operation:
Indus Treaty (Pakistan) w.e.f. 1st Apr. 1960 Mahakali Treaty (Nepal) w.e.f. June 1997 Ganges Treaty (Bangladesh) w.e.f. 12th Dec. 1996 India-China Co-operation (Hydrological Information) w.e.f. 14th Jan. 2002 India-Bhutan Cooperation

International Co-operation:

The Hague Declaration on Environment (11th Mar. 1989) - Signatory International fora like
World Water Council, World Water Forum, Global Water Partnership

International Commission on Irrigation & Drainage (ICID) HQ: New Delhi, India 24th June 1950. Currently 88 countries are members of ICID
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Think for a while


Man is a complex being: he makes deserts bloom - and lakes die. ~Gil Stern

"Conservation means development as much as it does protection. I recognize the right and duty of "It is not what we have that will make us a great nation; it is the way generation in which we use - Dickinson, Dakota Terr. July 4, 1886 this toit." develop and use the natural resources of our land; but I do not recognize the Manto has been endowed with with the power to the right waste them, or to reason, rob, by wasteful use, create, so that he can add to what he's been given. But up generations that come after only us."a destroyer. Forests to now he hasn't been a creator,
keep disappearing, rivers dry up, wild life's become the climate's ruinedAugust and the land -extinct, Osawatomie, Kansas, 31, grows 1910 poorer and uglier every day. ~Anton Chekhov, Uncle Vanya, 1897
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA

Contact:

John Thomas

Joint Director FICCI - RC&M Group New Delhi, INDIA

Email: john.thomas@ficci.com Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

Water Issues in India by John Thomas, FICCI


14th Dec. 2006, School of Law, Kansas University, USA

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