Inter-State Water Disputes Research Articles

Evaluating dynamics of land water storage and its response to climate variation in the Deccan Plateau, India

Inter-state river water disputes are frequent over the rain shadow (RS) region of the Western Ghats (WG), where the annual rainfall is much lower (75.2 cm) than that of overall India (118 cm). This study investigated the TWS (Terrestrial Water Storage) dynamics of the entire Deccan plateau (DP) and RS regions, located at the leeward side of the WG mountain range, with the help of Gravity Recovery and Climate Experiment (GRACE) based TWS anomalies (TWSA) data. Here, the latest TRMM (Tropical Rainfall Measuring Mission) rainfall product was evaluated at different time scales against gauge-based measurements to check its applicability as an alternative to gauge-based observed data. Trends in climate variables and TWSA were estimated to understand their variations during 2003–2016 in both regions. The response of GRACE-based TWSA and its constituent components to rainfall was determined using time-lagged correlation analysis. The contribution of constituent variables to TWSA was estimated using the component contribution ratio (CCR) method. It was observed that the TRMM-3B43 data captured the rainfall pattern over the entire DP with great accuracy. Results showed that the increasing trend of TWS in 2003–2009 had reversed in 2010–2016 due to the reduction of climate moistening in both regions. The warming trend of climate is more than twice in the RS region than that found in the DP, leading to a higher decreasing rate of TWS in this region than in DP. For both DP and RS regions, the time lags of groundwater storage anomalies (GWSA), total runoff anomalies (RA), canopy water storage anomalies (CWSA), and soil moisture storage anomalies (SMSA) to rainfall can be arranged as CWSA ≤ RA ≤ SMSA ≤ GWSA. SMSA and GWSA are the main contributors to the TWSA in both areas. However, SWSA also played a vital role in TWS variability, particularly in the RS region.

Water Federalism, Tribunalization of Water Justice and Hydro-Politics: India’s Inter-State River Water Disputes Act at 65 Years

India’s water federalism is at a crossroads. It is a unique two-tier system that has the constitutional and enabling provisions for water management and inter-state water dispute resolution as its base. These support the tribunal system that adjudicates inter-state river water disputes and administers water justice. More than six decades have elapsed since its establishment. At the same time, during this period, the per capita water availability has fallen drastically. India is now one of the world’s most water-stressed countries. Water disputes between States are becoming more animated and highly volatile. This article examines water federalism in India in terms of two questions: 1) Should water be transferred from the State List to the Concurrent List? 2) Should India persist with the tribunal system or replace it with the judicial process at the Supreme Court level? The first assumes importance as India persists with the river linking project. The second is relevant because the Inter-State River Water Disputes Act is almost 65 years old. In 2016, India’s Supreme Court re-wrote the law, and, more recently, the Union Government sought to revamp the Inter-State River Water Disputes Act through amendments. All these impel the need to re-look the idea of water federalism as it operates in India in its entirety.

Inter-State Water Disputes in India

Inter-State Water Disputes in India

Inter-State Fresh Water Dispute Resolution: Some Reflections on River Basin Organizations as Arbitral Institutions

Over 330 fresh water-related disputes have been recorded between 1900 and 2017, many concerning resources that cross state boundaries.1 These inter-state fresh water disputes tend to involve complex legal, political, and scientific issues and, left unresolved, may deteriorate to violent conflict. Such deterioration has occurred in the case of the Jordan River dispute between Syria and Israel, the Senegal River dispute between Mauritania and Senegal, the Nile River dispute between Egypt and Sudan, and the Euphrates-Tigris River dispute between Turkey and Syria, to name just a few.2 The fact that fresh water resources are increasingly under stress while human dependency on them continues to grow suggests that disputes between states over such resources will likely continue to arise in the future.3 Yet ‘[s]cholars on water cooperation have paid insufficient attention to the significance of conflict resolution to effective transboundary water management.’4 In order to facilitate such resolution, Article 33 of the Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention)5 provides states with a variety of dispute resolution mechanisms, both non-binding and binding.6 Non-binding mechanisms, which tend to be used most frequently by states, include bilateral negotiation, mediation,7 good offices,8 conciliation,9 and fact-finding.10 However, these mechanisms are not always successful in resolving inter-state fresh water disputes.11 Disputing states suffer from ‘imperfect knowledge of the functioning of [their shared fresh water] systems,’ limited data, ‘assumptions as a substitute for knowledge and data,’ and the general subjectivity of hydrological observations,12 all of which limit the prospects of bilateral negotiations providing an effective and lasting solution to inter-state fresh water disputes. Indeed, ‘working out their troubles on their own or shaking hands and getting along may work occasionally, but most of the time the conflict will only be sent underground to resurface later in more destructive ways.’13 Efforts to use mediation, good offices, and conciliation in the resolution of inter-state fresh water disputes have had mixed results. Some were successfully resolved—for instance, the World Bank’s mediation in the Indus waters dispute between India and Pakistan, which led to the signing of the 1960 Indus Waters Treaty.14 In other disputes, however, such as the Jordan River dispute between Israel and its neighbours, mediation attempts have failed.15 Fact-finding, while explicitly set out in some detail in the Watercourses Convention, has not been frequently used by states for the resolution of fresh water disputes.16

From the Editors-in-Chief

The Yearbook of International Environmental Law (YIEL) is inching closer to the completion of a full three decades of existence. Over the years, an effort has been made to provide an authoritative reference source for connoisseurs of international environmental law. As a corollary, this volume (29) has sought to provide thematic focus on the ‘foundations of international environmental law’ at a time of great perplexity in the field. It seems to be an appropriate time for reflection as the world will celebrate in 2022 fifty years of the historic Stockholm Conference, which took place in 1972. The period has witnessed phenomenal growth in international environmental law instruments (both hard and soft) to regulate the environmental behaviour of sovereign states. Therefore, this volume was intended to serve as a springboard to examine some of the ideas put into practice in the last five decades. Four thematic contributions underscore and provide a flavour of the fascinating processes at work: ‘Making Sense of the International Environmental Law-Making Process at a Time of Perplexity,’ by Bharat H. Desai; ‘Towards a Global Pact for the Environment: Some Legal Reflections,’ by Lydia Kriki; ‘Inter-State Fresh Water Dispute Resolution: Some Reflections on River Basin Organizations as Arbitral Institutions,’ by Tamar Meshel; and ‘The Evolution of Local Involvement in International Conservation Law,’ by Nikolas Sellheim. These contributions encompass scholarly efforts to decipher gigantic law-making processes in the field as well as a recent ambitious exercise undertaken by the United Nations General Assembly (UNGA) to identify gaps, if any, that could impinge upon the implementation of the desired goals. The proposed Global Pact so far has remained a non-starter with the UNGA favouring only a ‘political declaration’ (Resolution 73/333 of 30 August 2019). Similarly, the article on the arbitration role of river basin organizations seeks to explain this mode for the settlement of environment-related disputes.

Geostatistical and geochemical model-assisted hydrogeochemical pattern recognition along the groundwater flow paths in Coimbatore district, South India

The deterioration of groundwater quality in Coimbatore district is principally attributed to the geological formations, application of agrochemicals and discharge of untreated industrial effluents. Groundwater samples were collected and analysed to obtain the hydrochemical characteristics for delineating the groundwater recharge and discharge zones. Alkaline water is present in the district during all seasons. Groundwater facies were evaluated and the majority of them were CaHCO3 and Ca–Na–HCO3 types. Generally, HCO3 was used to identify the recharge area and Cl the discharge area. Dominance of HCO3 in both water types helps in identifying the recharge zones. The TDS and major ions in conjunction with HCO3/Cl, SO4/HCO3, HCO3 + CO3/Ca + Mg, HCO3 + CO3/T.anions and Cl/T.anions were used in the delineation of recharge–discharge areas. Results of geochemical modelling using PHREEQC were in agreement with the analysis of ionic ratios. Carbonate minerals are saturated in the recharge zone and become undersaturated as the flow progresses. HCO3 to Cl types for the recharge to discharge zones were confirmed by the aqueous speciation modelling. Gradual increase of NO3 along the flow path also supported the increasing anthropogenic influences towards the discharge zone. The spatial distribution diagrams drawn for each of these ratios suggested that a major part of the study area is covered by recharge zones. Mettupalayam and Pollachi taluks were found to be discharge zones. The results of the study showed that the water quality in the discharge zones is largely controlled by anthropogenic activities. The study gains importance since part of the water supply to the Coimbatore corporation area is from a source in the neighbouring state and the major surface water source of this area comes under an interstate water dispute.

Monotonic Bargaining Solution for Allocating Critically Scarce Transboundary Water

As much as transboundary river basins can be niches for regional cooperation, they could also be causes for interstate water disputes. The risk of water conflict in these river basins is much higher during water scarcity. As a result, establishing a fair and efficient water allocation mechanism is key for the sustainable sharing of these river basins’ water. In this paper, the authors propose a monotonic water allocation mechanism for transboundary river basins under water scarcity by coupling the bankruptcy theory with the Asymmetric Kalai-Smorodinsky bargaining solution concept. The allocation framework takes into account the aspiration water claims of the sharing countries. Additionally, as a case study, the allocation solution was used to allot the contested water of the Nile among the basin countries. For the medium term water demands the framework allocated 61.67%, 89.80%,91.82% and 61.67% of their water claims to Ethiopia, Sudan, Egypt and to the assumed coalition countries on the White Nile referred in this paper as equatorial states (Uganda, Kenya, Tanzania, Burundi, Rwanda, and Democratic Republic of Congo) respectively. On the other hand, for the long term demands, the allocation scheme allocated 63.65%, 69.36%, 71.42% and 60.41% of their water demands to the riparian countries in the same order. In general, the authors hope that the water allocation scheme applied in this article can contribute to the ongoing efforts to design river sharing solutions to river sharing problems in transboundary river basins by understanding the strategic interaction among riparian countries.

The Supreme Court of India and Inter-State water dispute: an analysis of the judgments on Mullaperiyar Dam

This paper addresses the issue of the Mullaperiyar Dam dispute between Kerala and Tamil Nadu with specific reference to the two judgments delivered by the Supreme Court of India on the matter. This paper attempts to examine the arguments, facts, and the judgment of the Court on each of the primary issues raised during the course of the dispute. The first case was filed by the Mullaperiyar Environmental Protection Forum in 2001, wherein the Court adjudged the case in favour of the respondents, the State of Tamil Nadu. Consequently, due to certain developments, examined in the course of the second case, the State of Tamil Nadu filed a petition before the Supreme Court against Kerala in 2006 seeking relief for the actions on the part of the latter after the judgment in the first case. A Constitution Bench was constituted to adjudicate this case, which re-examined certain issues raised during the first case and conclusively laid down its decision in favour of Tamil Nadu.

The Supreme Court's Problematic Deference to Special Masters in Interstate Water Disputes

The Supreme Court's Problematic Deference to Special Masters in Interstate Water Disputes

Managing Land and Water under Changing Climatic Conditions in India: A Critical Perspective

In the case of developing economies, climate change and its economic consequences presume vital importance in the process of realizing sustainable development in the longer timeframe. Land and water are the two major ingredients of the successful realization of this process. It is needless to say that land and water cannot be disconnected while addressing the issue of sustainable development. Here, this paper would concentrate on the issue of water where many issues would be equally relevant to the issues of land. It has been concluded in the Natural Resources Defense Council report that, the global warming may increase the risk of floods, so an efficient and conservative water use will be of paramount importance for future water supply. The main motivation of this paper is to discuss the water management challenges that can handle the threats or stresses like Global Environmental Change (GEC), climate changes, natural disasters like flood, drought or even an extreme climatic event like cyclone. The current paper focuses on the broad area of water management issues such as the major river system of India, condition of ground water resources, the current water utilization, water losses, water under stress, water pollution and increased population & its impact on the problem of scarcity of water. It also focuses on the water policy, land and water rights and act, Interstate Water Dispute Act etc. An attempt has been made to illustrate the environmental interface between land, water and climate. The paper assumed an interdisciplinary approach combining knowledge from environmental sciences with social sciences.

The Cauvery river basin in Southern India: major challenges and possible solutions in the 21st century

India is facing major challenges in its water resources management (WRM) sector. Water shortages are attributed to issues such as an explosion in population, rapid urbanization and industrialization, environmental degradation and inefficient water use, all aggravated by changing climate and its impacts on demand, supply and water quality. This paper focuses on the contemporary and future situation in the Cauvery river basin in Southern India, shared by different states, predominantly Karnataka and Tamil Nadu. As water issues largely fall under the authority of the states, inter-state water disputes have a long tradition in the Cauvery river basin. Future changes in precipitation during the two monsoon seasons will only increase these tensions. Both states depend on the arrival of these monsoon rains to water their crops and to replenish the groundwater. The paper identifies the major challenges and general possible solutions for sustainable WRM within the river basin. It synthesises the relevant literature, describes practices that should be addressed in the scope of integrated WRM--including water availability increase and demand management--and stresses the need for further quantitative analyses.

Potential of using NOAA-AVHRR data for estimating irrigated area to help solve an inter-state water dispute

The states of Alabama, Florida and Georgia dispute the apportioning of water from rivers that originate in Georgia and flow through the other two states. Florida and Alabama often claim that Georgia uses more than its fair share of water. In order to address such a dispute, an estimation of the total amount of water used for irrigation by different crops is required. Current estimates of irrigated areas are subject to errors because they are based entirely on survey questionnaires. In this paper, the potential of Advanced Very High Resolution Radiometer (AVHRR) on-board the National Oceanic Space Administration (NOAA) satellites is examined for estimating irrigated area. Two indices, a widely used Normalized Difference Vegetation Index (NDVI) and a newer Vegetation Health Index (VHI), were regressed against irrigated area for 1986, 1989, 1992, 1995 and 2000 for selected regions in Georgia (Baker and Mitchell counties, and Seminole and Decatur counties). The average VHI during a period from the third week of February to the end of September was better related to irrigated area than the corresponding NDVI; R 2 was above 0.80 as opposed to 0.49. It is concluded that the VHI, derived from three-channel AVHRR data, can be used to estimate irrigated area. By multiplying irrigated area with the application rate, the volume of irrigation used in a state can be determined, which can contribute to the solution of the water dispute.

Inter-state Water Disputes in India: Institutions and Policies

In this paper the authors argue that Indian water dispute settlement mechanisms are ambiguous and opaque. The authors distinguish analytically between situations where co-operation is possible, and situations of pure conflict, where the initial allocation of rights is at stake. In the latter case, a search for a negotiated solution may be futile, and quick movement to arbitration or adjudication may be more efficient. However, in India, the process is slow, and effectively binding arbitration does not exist. The entanglement of inter-state water disputes with more general centre-state conflicts and political issues compounds problems. The authors argue that these impacts can be reduced by a more efficient design of mechanisms for negotiating inter-state water disputes: some of the possibilities include a national water commission independent of daily political pressures, a federated structure incorporating river basin authorities and water user associations and fixed time periods for negotiation and adjudication.

Inter State Water Disputes in India: Institutions and Policies

In this paper we argue that Indian water-dispute settlement mechanisms are ambiguous and opaque. We distinguish analytically between situations where cooperation is possible, and situations of pure conflict, where the initial allocation of rights is at stake. In the latter case, a search for a negotiated solution may be futile, and quick movement to arbitration or adjudication may be more efficient. However, in India, the process is slow, and effectively binding arbitration does not exist. The entanglement of inter-state water disputes with more general center-state conflicts and political issues compounds problems. We argue that these impacts can be reduced by a more efficient design of mechanisms for negotiating inter-state water disputes: some of the possibilities include a national water commission independent of daily political pressures, a federated structure incorporating river basin authorities and water user associations, and fixed time periods for negotiation and adjudication.

B.R. Chauhan, Settlement of International and Inter-State Water Disputes in India, published by the Indian Law Institute, New Delhi 1992, 346 pp. $ 14/£ 7.

B.R. Chauhan, Settlement of International and Inter-State Water Disputes in India, published by the Indian Law Institute, New Delhi 1992, 346 pp. $ 14/£ 7.

Settlement of International and Inter-State Water Disputes in India. By B. R. Chauhan. Published under the auspices of the Indian Law Institute. N. M. Tripathi Pvt. Ltd., Bombay, 1992. Pp. xviii, 346.

Settlement of International and Inter-State Water Disputes in India. By B. R. Chauhan. Published under the auspices of the Indian Law Institute. N. M. Tripathi Pvt. Ltd., Bombay, 1992. Pp. xviii, 346. - Volume 30

Declaratory Relief in Western Interstate Water Disputes

Declaratory Relief in Western Interstate Water Disputes