·
Good laws need to
be made to avert possible conflicts between the states over water
A recent conflict
related to water rights between the Indian states of Tamil Nadu and Karnataka
is a good example of possible future tensions over this vital resource in a
federal strcuture. Tamil Nadu asserted that it was not receiving enough water
and accused Karnataka of holding it in its reservoirs. Meanwhile, Karnataka
claimed that Tamil Nadu was demanding far more than what it was entitled to
get.
Water insecurity is increasingly becoming one of the most
critical threats in South Asia. Rising populations, unplanned rapid
urbanisation, obsessive growth-oriented development, an increasing middle class
population enjoying more luxury, water intensive agriculture and an unsatiated
hunger for cornucopian growth have become the fundamental drivers of rising
demands for water. Climate change has also affected water resources. Snow on
the mountains, glacial melt and extreme precipitation have become more intense
due to climate change.
Nepal has long been one of the most water-starved
countries in South Asia. It is ironic that the capital of Nepal, a country
known for its abundant water resources and through which 6,000 rivers and
rivulets flow, is in a dire water crisis situation. The country lacks adequate
water even for drinking and sanitation needs, let alone irrigation. The
national focus has always been on political change; and issues like energy,
agriculture and economic revolution have been kept aside to be dealt with in
the future.
While financing mega water infrastructure projects and
maintaining the water ecosystem are serious challenges in themselves, the
federated states of Nepal are going to encounter conflicts concerning state and
federal authority over water resources as recently observed in the two Indian
states, indicating complex and serious implications for the country’s
sustainable water security. Political interests, economic and institutional
limitations and governance and constitutional complexities will certainly
hinder efficient water decisions once the country goes totally federal.
Water resources are not only utilised for drinking, they
are also used for hydroelectricity, sanitation, irrigation, water transport,
water sports-based tourism, and industry. If water needs to be transferred from
one province to another for meeting all these necessities, it will be difficult
due to conflicting interests of the people living at the source, along river
courses and at the destination. This kind of situation has already been
experienced while attempting to bring water from the Melamchi River to
Kathmandu although Nepal was a unitary state when this master plan was designed
and the source and the destination lie in the same Province 3.
Million-dollar questions
As Nepal is finalising the boundaries of the proposed
federal states, we need to be thoughtful and smart to avoid the kind of
water-related disputes that have been taking place in our neighbouring
countries, India and Pakistan. For example, the proposal of Uttar Pradesh to
build a hydropower project on the Ganga River in Kanpur has been confined to
paper due to opposition by Bihar. Likewise, Punjab and Haryana are having a
dispute over sharing the waters of the Sutlej Yamuna Link Canal. And the
Narmada dispute has long been there among Madhya Pradesh, Maharashtra, Gujarat
and Rajasthan. These examples provide previews of looming water-related
conflicts between the states in federal Nepal.
According to the Indian constitution, provincial
governments have jurisdiction over water resources. The federal government
solves problems related to a river that flows through many provinces. However,
these conflicts demonstrate that it has not been easy to resolve water
conflicts. In Nepal, provincial and federal governments have jurisdiction over
water resources. However, irrigation is a provincial subject over which the
federal government has little say. Although interstate water bodies come under
the concurrent powers of provincial and federal governments, most water
problems in our neighbouring countries originate from irrigation and livelihood
concerns.
What if an upstream provincial state diverts water for
irrigation from a river reducing its natural flow and providing less water to a
downstream state? How does the federal government address this problem as
irrigation is a completely provincial subject? What could be the key mechanisms
and water laws that we need to formulate in federal Nepal to enhance meaningful
and inclusive participation of the people and ensure equitable access to water
resources and equitable sharing of the benefits? These are million-dollar
questions.
Two necessary actions
Water Resources Act 1992 stipulates that the ownership of
the water resources available in Nepal shall be vested in Nepal. The act states
that water will be used for drinking, irrigation, animal husbandry, hydroelectricity,
cottage and mining industries, navigation and recreational and other uses, in
that order. However, a review of water usage history demonstrates that this
order of priority has often been ignored, particularly in terms of
hydroelectricity getting higher priority than irrigation. The act is silent on
issues of federalism as it was enacted long before the country decided to go
for a federal system.
Therefore, it is necessary to consider seriously and
reflect profoundly on questions such as how the states use water resources in
terms of ownership. What kind of decisions regarding water-related issues can
maximise the benefits for the provinces, the people and federal Nepal? Federal
Nepal must seriously ponder upon potential natural resource conflicts including
water resources to avoid water wars of the kind recently observed in various
Indian and Pakistani provinces. Two actions are a must: One, the Water
Resources Act of 1992 must be amended to incorporate features that can address
federalism and federal water resource concerns. Two, the constitutional
provision that gives provinces absolute power over water for irrigation must be
reconsidered.
Pandey is a senior research fellow at
the Southasia Institute of Advanced Studies and a faculty member at Tribhuvan
University
Published: 15-11-2016 08:34
Comments
Post a Comment