Geethanjali K.V., Legal Associate, CEERA, NLSIU.
Tejas Rao, 5th Year Law Student, GNLU.
- Introduction
Water is one of the most critical, life-sustaining commodities that is scarce. The need to prepare, create, preserve and handle water in India as well and on an organized and environmentally sustainable basis, taking into account the socio-economic aspects and needs of the Member States, has contributed to the establishment of water policies. As India entered the 21st century, the need for economic production, restoration, usage and management must be driven by the nation ‘s perspective.
Currently 1,869 billion cubic meters are usable as surface and replenishable ground water, of which only 690 billion cubic meters and 432 billion cubic meters can be used for advantageous purposes. The wide difference between the amount of water available and the number of people who rely on that water has led to the development of water policies in India. These water policies have been consistently revised, through various attempts, in order to bring in harmony and sustainability in the manner in which water resources are allocated and distributed for different purposes. India is presently considering the preparation of a Draft National Water Policy, 2020. With this in mind, this paper aims to trace the history of India’s National Water Policies, comparing and contrasting the provisions in the National Water Policies of 1987, 2002 and 2012, while looking at the provisions that ought to be contained within the National Water Policy 2020.
- National Water Policy, 1987
The National Water Policy, 1987 was the first document that recognized water as a resource of national importance that requires a national perspective for management. The need for this national perspective was justified on the basis of the importance of water as a resource vital for the sustenance of life, maintenance of the ecological balance and the economic development of the country.
Due to the federal structure of the country and the primacy of States in managing water resources under the Constitution, the policy provided for water management with a focus on creating coordination among the states. To facilitate this coordination, the policy encouraged the exchange of information among state and central agencies and called for the creation of a network of databanks, which would contain information, regarding the availability of water, figures on its actual use and reasonable projections on the future water demand.[1]
The policy accepted and identified hydrological units, such as drainage basins, as the basic unit for water planning. The planning carried out at the level of the hydrological unit had to direct the preparation of all the construction schemes associated with that hydrological unit, with the preparation to be carried out on the basis of the water field and taking into account the availability of water in a specific region.
Further, the policy recognized the importance of drinking water, recycling and reuse of water resources, and the preservation of the ecological balance as primary considerations. In the preparation of water management development projects, the strategy called for an interdisciplinary approach, with priority given to research on the impact evaluation of the project and the need for particular attention given to the needs of communities such as scheduled castes, scheduled tribes, the population of hilly areas and the general population impacted by the project. After the completion of development projects, the policy focused on the need to ensure the safety of structures by proper maintenance and monitoring.[2]
While the policy usually gives priority to the allocation of water for drinking water, it also gives priority to the allocation of water for irrigation. To that point, it calls for the close convergence of policies on land and water use, with due respect to equity, which will promote the allocation of water under a rotational scheme of volumetric water supply subject to such ceilings. As for groundwater management, the proposal aims at a comprehensive approach by calling for scientific evaluation, control of extraction and sustainable production of groundwater and surface water at the planning stage.
While the policy acknowledges the value of water for life and growth, the price of water has been used as a method to communicate shortage of water in order to promote the economical use of the resource. It does, however, call for proper consideration to be paid to the needs of small and marginal farmers while at the same time agreeing on water rates. The role of farmers in the management of irrigation systems has also been envisaged. In this respect, the strategy calls for the education of farmers, as well as of the general public, to build understanding of the survival of the environment.
As regards natural hazards related to water supply, the legislation lays out a prevention-based approach. In order to control flooding, the legislation prescribes the implementation of effective watershed protection strategies, with an added emphasis on mitigating damages, such as flood planning and early warning systems. For the management of droughts, the strategy prescribes measures for the conservation of droughts, while for the management of soil degradation by sea or rivers it calls for the disincentivization of the development of coastal strips and the control of commercial activities in areas adjacent to the sea.[3]
The policy creates a framework for the management of water resources but recognizes that its success would only depend on a national commitment towards the principles outlined within the policy.
- National Water Policy, 2002
Given the changes to India’s socioeconomic makeup in the late 1990’s and a large amount of investment entering India, it was realized that a fresh approach to water management was necessary. Building on the principles laid out within the National Water Policy of 1987, it was felt that it we needed to create a new National Water Policy. Thus, at the fifth meeting of the National Water Resources Council, work begun on the same.[4]
The policy generally noted how the gross irrigation potential had increased to about 95 x 10 by the end of the year 1999-2000, The Food Production Grains grew to about 208 x 106 1 By 2000, and that this should be extended to 350 x 106 x 106 by 2025,[5] when the population of the country itself hits around 1390 Million, and the water will become scarcer as years go by. Despite the increase in drinking demand, industrial requirements, and hydro and thermal power age. The need for full productivity in its use and public knowledge of the this underscored the value of its protection. This stresses sustainable preparation once again by the creation and implementation of the national policies of the Government of India.
Water is typically prioritized for storage on the basis of drinking water, irrigation, hydropower, agriculture, agro-industry and non-agricultural sectors, fisheries and other uses. The National Water Policy, 2002[6] suggested the establishment of national and state-level data banks to assess the demand, ease the conversion to accessible resources, new methods for effective use of resources, water to water-short-water areas than water-rich areas, sustainable growth by careful allocation and pricing of water, management of production and land-water levels, conservation of available water,
The policy notes that the channel resources for a hydrological unit , i.e. a drainage system, have to be designed as a whole for a sub-basin, taking into account surface and groundwater for productive usage and combining problems of supply and consistency as well as environmental concerns. This also notes that current organisations in the water management sector at different levels will need to be reoriented / reorganized and even created, wherever possible.
The policy provides for the establishment, where applicable, of suitable river basin organisations for the planned construction and maintenance of the river basin as a whole or sub-basins. This encourages the development and planning of water resources as multifunctional projects and stresses the preservation of the sustainability of the ecosystem and the ecological equilibrium should be a primary concern. The role of the different government departments, consumers and other associated stakeholders has become more critical and important to the adoption of the policy.
The proposed reforms were primarily introduced in the farming, manufacturing and domestic industries. The goal was to improve the productivity of water usage, rainwater harvesting and drainage systems, eliminate subsidies for pumped water, deter pollution and the National River Connection project in the agricultural sector, while discussing recycling methods and technologies in the industrial sector. In the domestic sector, it was proposed to create rainwater harvesting in cities while increasing and encouraging understanding of effective usage, storage and conservation in cities.[7]
Some of the priority areas of action was listed out on irrigation projects, irrigation efficiency, afforestation, development of wastelands, development of local capabilities and Public Private Partnership, convergence of various developmental programs and review of the National Water Policy. The policy also notes the widening gap in water supply and useable water supply. Although the availability of water rises by 50 per cent, just 12-15 per cent of the consumption will rise, leading to water shortages, thereby impacting irrigation, leading to a lack of food production and, at the same time, impacting the climate on other fronts. That would add to a vicious circle that can only be regulated by rising water supplies.[8] There is a need to increase the water storage capacity and the prudent delivery of water. Around the same time, there is a need for flexibility in the irrigation process, which can also contribute to cost reduction in the agricultural sector. The creation of watersheds and the need to manage water contamination are also important.
The Water Resources Management Plan should be participatory in the different areas of the planning, architecture and production and management of water supply schemes. This may include women, groups of water users and municipal authorities with significant roles in water infrastructure / facility management. Another factor that was recommended to be changed was that of the private sector in the planning, improvement and management of water sources for various uses. New fields for improvement suggested include the usage of remote sensing technologies in the development and control of water supplies, and the use of stagnant groundwater reservoirs as a disaster management tool for more vigorous work. [9]
- National Water Policy, 2012
The objective of this National Water Policy, as laid out within the perambulatory paragraphs is to take cognizance of the existing situation and to propose a framework for creation of an overarching system of laws and institutions and for a plan of action with a unified national perspective
The Policy further mentions the present scenario of water resources and their management in India[10]:
- India has become water-stressed. This is owing to a rapid growth in demand for water as a consequence of population growth, urbanization and changing lifestyle which severely hampers water security.
- The availability of water across India is not uniform. There is a a large variation between different parts of India in the manner in which water is available to people for their use. This availability issue may increase owing to climate changes, causing a water crisis and other natural disasters which affect water, i.e., floods, increased erosion and increased frequency of droughts, etc.
- Rising sea-levels are a consequence of climate change, which could lead to intrusion of salt water into ground water aquifers and surface water. Another unwelcome consequence is coastal inundation in the coastal regions.
- These factors impact access to safe drinking water. The issue of water access is not merely an environmental or human rights phenomenon, but has the potential to cause social unrest in some parts of India.
- Groundwater, though part of hydrological cycle and a community resource, is still perceived as an individual property and is exploited inequitably and without any consideration to its sustainability leading to its over-exploitation in several areas.
- Water resources projects, though multi-disciplinary with multiple stakeholders, are being planned and implemented in a fragmented manner without giving due consideration to optimum utilization, environment sustainability and holistic benefit to the people.
- The existence of inter-State and inter-regional disputes in water-sharing hampers effective water utilization.
- There is poor maintenance of existing water resources, which prevents optimum water resource allocation and utilization. Further, there is a high encroachment upon natural water bodies and drainage channels, which leads to water pollution.
- A holistic and inter-disciplinary approach at water related problems is missing.
- The participatory approach to water resource planning and management envisioned within the National Water Policies has not been given forces, with public agencies often taking decisions without any consultations with concerned stakeholders.
On the basis of these circumstances which plague the state of the water resources in India, the following aspects of the National Water Policy, 2012 gain relevance.
In addition to the precautionary uses for preserving life and the eco-system, water needs to be viewed as an industrial commodity and thus regulated to encourage productive usage and increase water value. While the practice of administered prices may have to be continued, economic principles need to be increasingly guided by administered prices. In each State, a mechanism should be in place to establish a water tariff system and to set the criteria for water charges, preferably on a volumetric basis, at sub-basin, river basin and state level, based on the principle that water charges reflect the full recovery of the costs of water resource administration, operation and maintenance.
For each State, a water regulatory authority should be formed to repair and control the water tariff system and charges for general in an autonomous manner, in compliance with the principles set out in this Policy. The Authority can also have roles other than tariff schemes, such as allocation control, controlling processes, performance analysis and recommendation of policy adjustments, etc. This authority may also further be empowered to resolve water disputes if it is called upon to do so. A regional committee should be set up to address water problems and establish unity, collaboration and reconciliation between the parties. Intra-State, a common mechanism should be developed to solve differences in competing water demands among different water users, as well as between different areas of the State.
The position of the “Water Provider” of the State must be slowly changed to that of a service operator and a facilitator to improve the agencies responsible for the preparation, operation and management of water supplies. Water-related services should be transferred to the community and/or private sector under an appropriate “Public Private Partnership” model.
While it is understood that States have the ability to set down effective policies, laws and regulations on water, there is a need to create a specific regional system of general principles on water in order to prepare the way for important legislation on water governance in each State and to delegate the required authority to the lower levels of government to deal with local water in situ. Such a legislation would acknowledge water as a finite resource that needs to be regulated as a shared resource owned by the state, under the concept of public confidence, to ensure food protection, livelihoods, and fair and sustainable prosperity for everyone..[11]
Upon achieving the minimum quantity of water needed for the sustainability of human beings and the environment, water must be used as an economic commodity, with a higher priority being given to promoting simple livelihoods for the poor and maintaining national food security. In the water-rich eastern and north-eastern regions of India, the infrastructure for water use is weak and needs to be strengthened in the interests of food security. The Community should be made aware of and encouraged to adapt to the use of water according to local water availability. Community-based water protection will be institutionalized and improved.[12]
Sources of water and water should not be polluted. A robust program of annual monitoring by external agencies should be established and strict fines should be levied on the polluter pays concept. The money thereby saved can be poured into a water treatment plant.
As water supply initiatives are interdisciplinary in nature, social and environmental factors should also be considered, in addition to techno-economic concerns, in consultation with the project involved and the recipient families. Concurrent tracking at project, state and center level should be conducted for appropriate measures to prevent overruns of time and costs. Local governing bodies such as Panchayats, Municipalities, Corporations, etc. and Water Users Associations shall be involved in project management and implementation. All water supply projects, including hydropower projects, should be designed to the degree possible as multi-purpose storage projects to the full benefit from the available topology and water supplies.
There is a need to reduce the broad gap in water resource arrangements in urban and rural areas. De-salinisation, wherever techno-economically feasible, should be promoted in urban and industrial areas to increase the supply of available water. Water service bills should contain charges for sewerage.
Industries in water-short regions may either be permitted to remove only make-up or have an duty to return treated effluent back to the hydrological system to the required level.
- Comparing the Provisions of the Water Policies[13]
On the basis of the above reading, the below table provides a representation of the changes brought by the National Water Policy, 2012, as compared to the previous Water Policies:
| Description | National Water Policy, 1987 | National Water Policy, 2002 | National Water Policy, 2012 |
| Perspective for Water Resources Planning | Need to consider solely the national perspectives | Need to consider solely the national perspectives | Need to have an integrated perspective that considers views across the local, regional, State and national context |
| Creation of Information System | As with other sectors, need to create a standardized national information system | As with other sectors, need to create a standardized national information system | All water-related data will be implemented with well-defined protocols and formats to ensure electronic monitoring and data sharing to promote the creation of a database for effective water quality decision-making. |
| Definition of unit for the purpose of Water Resource Management | Hydrological unit as a drainage basin as a whole, or a sub-basin | Hydrological unit as a drainage basin as a whole, or a sub-basin. | Integrated Water Resources Management of the river basin / sub-basin as a unit would be the core concept for the planning , production and maintenance of water supplies. |
| Project planning with multipurpose use in mind | Water resource development projects should as far as possible be planned and developed as multipurpose projects. | Water resource development projects should as far as possible be planned and developed as multipurpose projects. | All water supply schemes, including hydropower systems, should be designed to the degree possible as multi-purpose storage facilities to the fullest gain from the existing topology and water supplies. |
| Flow of river-water | Nothing concrete has been set down, just to ensure that the nature of the ecosystem and the ecological equilibrium are maintained. | Minimum flow in seasonal streams for the conservation of environmental and social values should be assured. | A part of river flows will be set aside to satisfy ecological needs, so that the relative low and high discharges conform similarly to the normal flow system of time. |
| Development of groundwater and aquifer management | The use of ground water supplies should be governed in such a way as not to surpass recharging incentives, as well as to ensure social justice. | The use of ground water supplies should be governed in such a way as not to surpass recharging incentives, as well as to ensure social justice. | Declining ground water levels in over-exploited areas must be avoided by implementing advanced water usage technology, promoting effective water utilization and promoting community-based aquifer maintenance. |
| Access to safe and clean drinking water | Adequate drinking water services would be provided to the whole population of both urban and rural areas | Adequate drinking water services would be provided to the whole population of both urban and rural areas | Minimum quantity of drinking water for basic safety and hygiene for all its residents, available within easy reach of the household, must be assured. |
| Inter-basin transfer of water | Water should be made available to specific bodies of water through transfer from other regions, including from one river basin to another, from a regional perspective, taking into account the criteria of the bodies / basins. | Water should be made available to specific bodies of water through transfer from other regions, including from one river basin to another, from a regional perspective, taking into account the criteria of the bodies / basins. | Inter-basin transfers are not only targeted at increasing development, but also at addressing basic human needs and promoting equity and social justice. In-basin water transfers should be considered on the basis of the merits of each event, after reviewing the health , economic and social effects of these transfers. |
| Water Use Efficiency | The quality of usage of all different uses of water should be improved and understanding of water as a finite resource should be promoted. | The quality of usage of all different uses of water should be improved and understanding of water as a finite resource should be promoted. | The quality of water usage needs to be increased by continuous water management and water accounting studies. For this purpose, an administrative framework for the promotion, control and creation of processes for the productive use of water at basin / subbasin level should be developed at national level. |
| Irrigation Potential | Concerned measures, such as the creation of the command field, will be taken to ensure that the irrigation capacity generated is completely optimized and that the distance between the opportunity produced and its usage is eliminated. | Concerned efforts should be made to ensure that the capacity for irrigation created is completely exploited. Of this reason, the Command Area Planning Strategy will be followed for all irrigation programs. | All elements of water supply programs will be designed and incorporated in a pari-passu way so that the anticipated benefits continue to accrue quickly and there is no difference between the potential generated and the potential used. |
- Looking to National Water Policy, 2020: Challenges and Opportunities
So far, India has had three National Water Policies (NWPs). The Government of India has now formed a committee for the implementation of the fourth National Water Policy; the project is underway and the exercise is expected to be completed within a few months. In fact, a variety of States have their own water programs in place within their democratic boundaries. Yet despite several measures, the water situation has not changed.
That is because the water regulation implementation bodies are mainly state and local governments. There is currently no connection between national water policy and the various states and local policies. When water is intricately connected to numerous industries, various and varied departments, the best way to connect and adjust the action pattern of each entity in order to match it with national policy goals is by opportunities and/or transparency.
According to the 2012 National Water Policy, economic values continue to drive water pricing. Nonetheless, no State is able to bill for irrigation water on the basis of either the cost of supply or the marginal return on crop production, whichever is smaller. It also refers to the quality of power for boiling gas. Furthermore, the simple use of economic values will not resolve the problem of cross-sectoral water sharing, and that would entail cheating on equality and social rights, energy for sustainable use, etc. Environmental standards imply that the net marginal return on the use of water will be the foundation of its quality as it is used for “development” if the supply is to be sustainable.[14]
Since the cost of output and the price of water are very high in water-scarce basins, if we blindly obey this principle of “availability” without guidelines and processes for the distribution of water, factories would be able to walk away with all the water in those basins. The National Water Policy 2012 is quiet on this critical dimension of policy-making. This question can only be solved by explicitly outlining the goals for water management in the policy when presented. Subsequently, the real distribution in the respective basins would have to be determined on the basis of aggregate supply and conflicting demands, using policy priorities. Pricing should then be set up to promote productive use.
The 2012 National Water Policy remains ambiguous as to the strategies for ensuring protection of drinking water, equality of access to sanitation, sanitation-demand control, etc. For example, if we rely on irrigation for drinking-water sources, it is doubtful that we will be able to achieve drinking-water protection because of the extreme demand on the irrigator supply. Likewise, how do we limit the usage of water by various industries for the management of demand, because increasing the quality of water use alone would not be enough? The 2012 National Water Policy speaks about the use of economic opportunities and regulations to reduce emissions and waste. There is actually no organization in India that monitors and tracks the use of water in any industries.
It is hoped that the 2020 National Water Policy will address these concerns, creating a better pricing mechanism, in addition to an institutional mechanism that is robust, independent, and participatory, allowing for the most optimum decisions to be taken with regard to our water resources.
[1] Ministry of Jal Shakti, National Water Policy, 1987, accessible at http://mowr.gov.in/policies-guideline/policies/national-water-policy
[2] Philippe Cullet and Joyeeta Gupta, India: evolution of water law and policy (Springer, 2009).
[3] Aditya Mukherjee et al, Groundwater rejuvenation in parts of India influenced by water-policy change implementation, accessible at https://www.nature.com/articles/s41598-017-07058-2
[4] Aidan Cronin et al, Water in India: situation and prospects, 16(3) Water Policy 425-441 (2014).
[5] Ibid.
[6] Ministry of Jal Shakti, National Water Policy, 2002, accessible at http://mowr.gov.in/policies-guideline/policies/national-water-policy
[7] A.K. Goswami, Water Resource Management in India – An Overview, 49(3) Indian Journal Of Public Administration 245-253 (2003).
[8] Ibid.
[9] Ramaswamy R. Iyer, Water: Perspectives, Issues, Concerns (Sage, 2003).
[10] Ministry of Jal Shakti, National Water Policy, 2012, accessible at http://mowr.gov.in/policies-guideline/policies/national-water-policy
[11] P. Sakthivel et al, Managed aquifer recharge: the widening gap between law and policy in India, 15(6) Water Supply 1159-1165 (2015).
[12] PRS Legislative Research, Report Summary: Draft National Water Policy, 2012, accessible at https://www.prsindia.org/sites/default/files/parliament_or_policy_pdfs/1345794528_Draft%20National%20Water%20Policy%202012-Summary.pdf
[13] Jasdeep Kaur Bedi, Comparative assessment of national water policies of India, 9(3) Indian Journal of Economics and Development 254-260 (2013).
[14] G N Kathpalia and Rakesh Kapoor, Water Policy and Action Plan for India 2020: An Alternative, available at https://www.indiawaterportal.org/sites/indiawaterportal.org/files/10_bg2020.pdf
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