Framework law aims at improvement in water management

Dateline: New Delhi

As large swathes of the country suffered drought for the past two years and trouble over sharing of water between states continues to escalate, the Union Ministry of Water Resources has come out with the draft National Water Framework Bill, 2016, aimed at improving water management in the country. Though the ministry had been preparing the new framework law for quite some time, the NDA government redrafted it by taking inputs from a panel headed by former Planning Commission member Mihir Shah.

The bill proposes to establish an umbrella statement of general principles governing exercise of legislative and/or executive (or devolved) powers by the Centre, states and local governing bodies. Despite water falling under the jurisdiction of state governments, the Centre claims it has valid reasons for bringing a model law, as several matters related to water is not confined to one state or particular region. Issues like inter-state dispute over sharing of water, river pollution, over-exploitation of ground water and allocation of water to different sectors - always called for debate over urgent need for better water management policy in the country.

"The kind of drought situation we have witnessed against the backdrop of climate change, nobody knows how frequently such a situation will recur. It is high time that we manage water in a better and efficient manner,” says Secretary, Ministry of Water Resources Shashi Shekhar.

Indeed, the proposed legislation is vast and it touched several critical aspects of water from its conservation and preservation, usages in different sectors, pricing and inter state sharing. “The proposed bill provides guideline and framework for the same...We are telling the states how they can manage water,” Shekhar added.

Holding that every person has a right to sufficient quantity of safe water for life within easy reach of the household without any discrimination, the draft law says that it is the state’s responsibility to ensure every person’s right to safe water. “It shall be the duty of the state at all levels, the citizens and all category of water users to protect, preserve and conserve water sources, and pass them on to the next generation,” says the draft.

The proposed legislation also talked about who should get first priority of usage of water. According to it, the first priority and charge on water shall be meeting the right to water for life, followed by allocation for achieving food security, supporting sustenance agriculture, sustainable livelihoods and eco-system needs.

Considering the past experience of large parts of the country facing severe drought, the draft also said that all states have to prepare drought mitigation plan within six months of the new law coming into force. While suggesting minimum quantity of water should be supplied for all at free of cost, and on pricing of water, the draft says the rich should be charged while the poor can be spared.

As there is a long-pending demand for bringing transparency in water management, the draft law suggests setting up water regulatory authority aimed at ensuring equitable access to water for all and its fair pricing. It also says the appropriate government shall recognise, undertake and encourage a participatory approach to irrigation management at all levels through appropriate laws.

To bring transparency in the usage of water by industrial sector, the draft legislation says industrial units shall make every possible attempt to reduce their water consumption and  mention all the details in their annual report about utilisation of water and effluent discharge.

While suggesting that all inter-state disputes be resolved through dialogue at the earliest, the draft asks the states to avoid recourse to adjudication as far as possible. Stressing that none of the states in a basin owns the river, it says, “The upper basin state shall adopt a cautious and minimalist approach to major interventions in the inter-state rivers.”

It also says that all the states should put all water and water-related data in public domain including rainfall, humidity, temperature, wind velocity, evaporation rates, groundwater levels, groundwater quality, surface water sources and water available for irrigation.

Avoiding divergence

As water is a sensitive subject, many states are likely to raise objections over the ‘infringement’ by the Centre on their rights through the framework bill. However, Water Resources Minister Uma Bharti maintained that the purpose of the legislation was not intended to centralise water management or to change the Centre-state relations in any way.

According to the ‘Statement of Objects and Reasons’ of the bill, the proposed law incorporates all major legal pronouncements by the Supreme Court with reference to water such as the Public Trust Doctrine and the recognition of the right to water.

Explaining the need for the framework law, the draft says several states have been enacting laws and formulating own policies on water and related issues. To avoid divergence from one state water law to another, the Centre floated model law which will also help address the problems like inter state water sharing dispute, the bill says.

However, the idea of a national water law is not something unusual or unprecedented. Many countries in the world have national water laws or codes, and some of them (for instance, the South African National Water Act of 1998) are widely regarded as very enlightened. There is also the European Water Framework Directive of 2000.

Though Shashi Shekhar maintained that bill is “advisory” in nature and “not binding” on states as water is a state subject, he said the contents of the proposed law have the support of almost all stakeholders as managing water judiciously is becoming a challenge for the states, Union Territories and local governments.