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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
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)
Basic Facts
Population:
GDP (PPP): 2005 estimate - Total: $3.633 trillion (4th) - Per capita: $3,320 (122nd)
Trade (2004-05)
Exports growth 24% in 2004-05 reaching US$80 billion Imports growth 35% reaching US$106 billion
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
(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
2004-05
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
Automotive components: Major MNCs & their OEMs sourcing high-quality components from India
Volvo, GM, GE, Chrysler, Ford, Toyota, Unilever, Clariant, Cummins, Delphi
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,
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
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
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
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
34
34 768
31
33 862
-3
-1 94
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
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
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
15 cm
Source: Central Water Commission, Govt. of India 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
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
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
Source: http://www.india-water.com/index.asp
Source: Central Ground Water Board Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA
149.97 BCM
10812 BCM
State
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
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
Source: IWMI
Water Issues in India by John Thomas, FICCI
14th Dec. 2006, School of Law, Kansas University, USA
experts, a quarter of Indias harvest may well be at risk from groundwater depletion.
Arsenic
Fluoride
Iron
Nitrate
Salinity
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
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.
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.
Estimated cost
Rural Areas Urban Areas
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
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.
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
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
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
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
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
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
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
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 .
Common Law
The general rights structure related to groundwater extraction derives from English Common law and is applicable in India as well.
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
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
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
"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