DRAFT NATIONAL WATER FRAMEWORK BILL

Background:

• National Water Framework Bill, 2016 aims to provide a uniform national legal framework to manage water in a better and efficient way.
• The comprehensive draft Bill proposes model law for all states. However, water being a State subject under VII Schedule of the constitution the law will be not binding on States for adoption.
• The water shortage problem is escalating and the country has witnessed acute drought situations in certain parts.
• In the absence of institutional arrangement, there are inter-state water disputes because states do not their contributions to a river’s catchment area to resolve conflicts.

Key provisions:

• Every person has a right to a sufficient quantity of safe water for life within easy reach of the household regardless of his/her socio-economic factors.
• All basin states have equitable rights over the use of river water provided such use does not violate the right to water for the life of any person in the river basin.
• States must recognize the principle that the rivers are not owned by the basin states.
• All the basin States are equal in rights and status, and there is no hierarchy of rights among them. Here equality of rights means not equal but equitable shares in river waters.
• Managing water at river basin-level and right measurement of State’s contribution to river system too – in order to resolve inter-state water conflicts.
• Establishing River Basin Authority (RBA) for each inter-State basin to ensure optimum and sustainable development of rivers and valleys.
• Establishing institutional arrangements to deal with inter-state water disputes in order to “obviate” disputes through negotiations, mediation, or conciliation.
• Suggests a three-layer system dispute resolution mechanism as adopted in the Mekong basin – political at the highest level, coordinative at the second level, and a delivery apparatus at the third level
• The bill uses the expression “ Appropriate Government” which has different connotations-
• The Central Government in relation to interstate rivers and river valleys.
• The State Government in relation to rivers confined to the territory of a State
• Also talks about devolving powers to local bodies
• Local governing bodies such as Panchayats, municipalities, corporations, and water users’ associations, wherever applicable, are to be empowered and involved in the planning and management of projects
• Proposes other mechanisms such as National water quality and footprint standards, integrated river basin development and management plan, and Graded pricing system.

Positives:

• The Bill proposes an institutional mechanism for the resolution of river water disputes.
• It proposes a “river basin” approach to water conservation. This would help in better outcomes as the previous isolated and scattered conservation methods have been proved ineffective. Benefits from one conservation initiative in an isolated manner were being neutralized by destruction at another place in the river basin. This Bill seeks to correct such discrepancies.
• Ensures right to sufficient quantity of safe water for all persons.
• Proposes local bodies’ involvement in water conservation projects – This ensures grass-roots level participation and thus better outcomes can be expected.

Concerns:

• The Bill only proposes model law for all states. However, water being a State subject under VII Schedule of the constitution the law will be not binding on States for adoption.
• Though the Bill proposes a mechanism for the resolution of river water disputes, there is no clarity on what power the dispute resolution body would have with respect to implementation.
• Though the bill proposes a Basin approach to water conservation under a body constituted for the purpose, it is doubtful whether the states would be willing to give up their constitutional powers with respect to the management of water resources.