Shettar wants water tribunal in SC

None of the present water laws are able to establish a just water regime

Karnataka Chief Minister Jagdish Shettar on Friday made a case for setting up a permanent water dispute tribunal in the Supreme Court, with its benches in all high courts, in line with the Green Bench.

Addressing the National Development Council here, he said the tribunal should have a sitting Supreme Court judge as chairperson. Members should have expertise in technical, environmental, geological, economic and legal fields.

Calling for a review of the Inter-State Water Disputes Act (ISWD), he said: “We do not have a water regime in our country. None of the present laws are able to establish a just water regime to the satisfaction of all stakeholders. Present laws, tracing their historical origin to the British rule, create more disputes because of several loose ends in the present laws. Therefore, the ISWD Act should be revisited.”

According to the chief minister, states were forced to approach the apex court due to the absence of a water regime. “I am making this statement because Karnataka, as a mid and upper riparian state, suffered in both utilisation and construction of projects, which resulted in depriving the people of Karnataka of their due and legal share of water.”
Demanding an early solution to the dispute between Karnataka and Goa over the Mahadayi river waters, Shettar said: “The Centre should play a proactive role, not only in the development and management of water resources across the country in a highly professional way, but also ensure that the inter-state disputes are sorted out amicably, keeping the overall interests of the country in mind and strengthening the federal structure that we have envisaged under the Constitution of India.”

Speaking on the problems suffered by states afflicted by water crisis, Shettar said: “Our past experience with legislation made and authorities created has not been successful, especially while dealing with distress situations.

The long-pending cases in the Supreme Court are a clear indicator to this.
Therefore, a suitable mechanism has to be evolved which will facilitate the basin states to decide on the equitable and justful sharing based on ground realities, rather than creating more and more authorities.”

He also noted that minimum water charges should be levied to maintain an efficient water system. However, stakeholders like the farmers and domestic consumers should be involved in the process of determining the charges, Shettar said.