INTRODUCTION (R)

The water of the Mahanadi is vital to the farmers and industries of Odisha and Chhattisgarh.
The rivalry between the states erupted when Chhattisgarh proposed building barrages across
the river. The Chhattisgarh government's reason for building the barrages was to put a stop to
the flood water that goes to the sea without being used and not to disrupt the natural flow.
Nevertheless, the Odisha government was vehemently (forcefully) opposed to the
construction of dams and barrages on the Mahanadi in Chhattisgarh, citing farmer welfare as
rationale. In fact, both governments refer to farmers and their crops as the source of the
conflict, despite the fact that it is the industries in these states that utilise the majority of the
water. Several political parties are focusing on the inter-state water conflict in order to divert
people's attention away from the main issue. The essential point is that the governments of
Odisha and Chhattisgarh are both treating the Mahanadi as a commodity to benefit industry,
which effectively undermines the benefits to the farming community in particular and the
people in general. Mining, other industrial activities, and growing urbanisation are
threatening the whole Mahanadi River basin's natural health. Nonetheless, neither state
emphasises it.
8The Mahanadi has now been totally privatised in both states. Because of the privatisation
problem, the river has become a fertile ground for private interests to exploit. Political parties
are unconcerned with the river's original structure or natural flow. The river's native nature is
being lost due to constant interventions in the form of dams and barrages. Barrages are best
suited for industry rather than irrigation. The Hirakud dam and its downstream delta region
provide the majority of the water used in industry in Odisha. As a result, the means of
guaranteeing the fundamental requirements of life for the fishing community and cultivators
cultivating crops in the channel through which a river runs are harmed. The growing amount
of pollution has a significant detrimental influence on drinking water, irrigation, and the
plants and animals that live in the river.
IMPORTANCE OF MAHANADI RIVER
The river's name is derived from the Sanskrit words Maha, which means big, and Nadi,
which means river. This is an active river that originates in the highlands of Chhattisgarh. It's
one of the most active silt-deposition streams in the Indian subcontinent.
 Land Use:
Agriculture is the primary land use in the Mahanadi basin.
 Forests:
The area covered by woods is 37% and 30%. The basin is designated with several protected
and special areas. There are many floral and faunal species in the Mahanadi woodlands.
There are two types of forests found in Chhattisgarh: tropical dry forests and wet deciduous
forests. The principal tree species found in these woods are teak and sal. Odisha has tropical
dry and moist deciduous forests. Odisha also has tropical semi-evergreen and mangrove
forests (Mahanadi delta region). Some of the significant tree species found in these woods are
teak, sal, bamboo, kendu, and sundari.
 Biodiversity:

Both Chhattisgarh and Odisha have numerous woods and distinct varieties of flora
and animals, as well as medicinal herbs. Odisha is home to various biodiversity
hotspots and diverse forests. Odisha is home to two national parks, 18 wildlife
 sanctuaries, and one biosphere reserve. Three tiger reserves as well as three elephant
reserves.
 Agriculture:
Agriculture is the main source of income in the Mahanadi basin. Cereals (main crop),
legumes, oilseeds, vegetables, fibres, spices and condiments are among the crops farmed in
the basin. Rice is the most important grain crop in the basin. In the last 10 years, the area
under rice cultivation has reduced in the Odisha part of the Mahanadi basin, whereas it has
increased in Chhattisgarh. The increase of area under rice cultivation in Chhattisgarh can be
attributed to the development of new irrigation projects in the upper parts of the basin. Rice is
mainly grown in the Kharif season.
Irrigation, along with other critical aspects such as soil, fertilisers, and seed quality, plays a
significant part in assuring a good agricultural production. The basin's main irrigation
supplies are canals from big and medium irrigation projects, while groundwater is increasing
importance, particularly in the western area of Chhattisgarh.
 Water Use:

 Dams and reservoirs: The Hirakud reservoir, Hasdeo-Bango dam, Ravishankar

Sagar, Tandula, and Dudhawa dams are the primary reservoirs greater than 2,500 ha
in the Mahanadi basin. The majority of these dams were constructed for irrigation
purposes. Nevertheless, due to the increased presence of industries in the area,
particularly in Chhattisgarh, there are problems over water distribution between
irrigation and businesses.

 Canals: Canals are huge open streams that link mostly to agricultural fields. The
Mahanadi Canal System, which includes the new Rudri weir, the Ravishankar Sagar
dam, and the Tandula canal network, irrigates the districts of Dhamtari, Durg, and
Raipur in Chhattisgarh. Two canals emerge from the Hirakud dam, the Bargarh main
canal on the right side and the Sason major canal on the left bank. The five primary
canal systems are as follows: i) Taladanda canal, ii) Macchgaon canal, iii) Kendrapara
canal, iv) Pattamundai canal, and v) Puri canal.

 Hydropower projects: According to the Central Water Commission (CWC), the

Mahanadi basin has a hydropower potential of 444.5 Megawatts at 60% load factor.

 Mining and Mineral Resources:

Because of its favourable geological setting, the Mahanadi basin is rich in mineral resources.
It is rich in bauxite, china clay, chromite, coal, dolomite, fireclay, graphite, gemstones, iron
ore, limestone, manganese ore, mineral sand, quartz, and other minerals.

 Industries:
State and national governments have emphasised industrial development as a vital solution
for economically underdeveloped states like as Chhattisgarh and Odisha. A look at the Gross
Domestic Product (GDP) numbers for the two states reveals that the overall size of the
economy has expanded dramatically in the previous decade. While industrial expansion has
contributed to some of the prosperity in both states, the concurrent emergence of the tertiary
services sector must also be recognised as a growth factor. The secondary industrial sector,
notably the electricity, manufacturing (iron and steel), and mining industries, accounts for a
sizable portion of the demand for water resources.
 Fisheries:
The Mahanadi is a perennial (which lasts for a long time) river with several fish species.
According to studies, the river is healthy in comparison to other Indian rivers, and its
condition is excellent for increased fish production. Inland fisheries in Chhattisgarh are
gradually expanding. Odisha state has a plethora (a very large amount of) of inland and
marine fisheries. There is a lot of fish variety in the basin, and several studies have
documented distinct species in different sections of the Mahanadi basin.
THE RISE OF WATER DISPUTE IN THE MAHANADI RIVER (R)
 The Mahanadi 'Maha' dispute:
The dispute between Odisha and Chhattisgarh over the Mahanadi began when Odisha
claimed that the upper riparian (located alongside a river) state Chhattisgarh had "illegally"
constructed a number of barrages across the river and its tributaries, severely reducing inflow
into Odisha's Hirakud reservoir, particularly during the non-monsoon seasons. The Odisha
government has not only called such barrages "illegal," but has also claimed that they are
destroying the Mahanadi River. When the case remained unresolved, the Supreme Court
ordered the formation of a river conflict tribunal by the Union government. On March 12,
2018, the Union government notified the creation of the Mahanadi river conflict tribunal.
Today, analysts are asking with what arguments Odisha would approach the National Green
Tribunal (NGT), given that Odisha intends to do the same thing that Chhattisgarh has accused
it of doing.
There will always be those who feel that river water flowing into the sea is a waste. A portion
like this was criticising the Odisha administration for not following Chhattisgarh's "excellent"
example. One of the biggest proponents of such an argument is the Bharatiya Janata Party,
which is trying hard to become the dominant opposition party in Odisha. The government's
plan to build seven barrages across the Mahanadi and another 22 across its tributaries appears
to be a reaction to such a thinking. Yet, it has most likely harmed its credibility in its pledge
to "defend the Mahanadi."
 The Hirakud reservoir at the centre:
The massive Hirakud dam and reservoir are at the core of the Mahanadi water conflict. The
conflict began when Odisha claimed that Chhattisgarh was reducing flow to the Hirakud
reservoir. The Hirakud dam project has several competing goals. Its primary function is to
reduce floods in the Mahanadi, hence it must remain empty for the most of the monsoon
season in order to handle surplus water in times of necessity. There are several users battling
for access to the reservoir. It is an important producer of hydropower in Odisha, a big
supplier of water to industrial and urban demands, and it also aims to maintain flow in the
Mahanadi to fulfil drinking water, ecological, and other purposes.
The Hirakud dam project is at the centre of the controversy due to its location. Nearly the
whole catchment area of the reservoir is in Chhattisgarh. Odisha and Chhattisgarh,
interestingly, have differing statistics for catchment area sharing. Odisha notified the tripartite
conference in September 2016 between the two feuding states and the Union government that
90.6 percent of the Hirakud reservoir's catchment falls in Chhattisgarh and 9.4 percent in
Odisha. Chhattisgarh told the audience that 87% of Hirakud's catchment area is in
Chhattisgarh and 11 13% in Odisha.
When Hirakud was developed, both states had very low irrigation coverage and essentially no
enterprises. Nevertheless, the great engineer Sir M Vishweshwarya, who was among the first
to envision a project at the Hirakud site, had anticipated the issues of water distribution
between Odisha and then Madhya Pradesh. He had explicitly expressed his reservations
regarding the feasibility (capability) of a huge dam project at the Hirakud site, owing to the
fact that the majority of the catchment lay in another state. The Sir M Visvesvarya Committee
Report of 1937 was cited in the Hirakud Project Report, which said that "the suggestions
under this topic are not practical" because "such reservoirs will have to be beyond the
province and hence beyond the control of the Orissa government."
Subsequently, engineer A N Khosla, Chairman of the Central Waterways and Navigation
Commission, who had envisioned the Hirakud dam project, took the lead in convincing
Madhya Pradesh to approve the project. Engineer Khosla persuaded Madhya Pradesh that the
Hirakud project will need a total of 12.28 Million Acre Feet (MAF) of water, which is much
less than the documented minimum annual run-off and almost one-fourth of the usual average
run-off at the dam site.
Six decades later, things have altered dramatically. According to data received under the
Right to Information Act from the government of Odisha, the average annual discharge into
the Hirakud reservoir from all of its catchment region was a dismal 21.95 MAF from 2007 to
2016. This is nearly equal to the lowest yearly run-off and just 43% of the annual average
run-off calculated in the initial Hirakud Dam Project Report. According to the same source,
total annual flow at Hirakud has been less than 20.61 MAF, the minimum annual run-off
evaluated during the initial project assessment, in as many as 20 of the 59 years since 1958,
or one in every three years since the project's commissioning.
 Unbelievable 'utilisation' forecasts:
At a time when run-off at the Hirakud dam site has significantly decreased, Odisha and
Chhattisgarh's intentions to use Mahanadi river water defy (refuse to obey something) logic.
Both states are aiming for fast industrialisation by harnessing the region's vast mineral riches,
which are also major water users. Odisha said in the September 2016 tripartite meeting that
its "planned use" from the Hirakud reservoir for various uses, including evaporation loss. It
said that it requires an additional for "environmental flow requirements." This overall
expected usage of 83% more than the Hirakud project's "total demand" as indicated in the
dam project study. In other words, Odisha has devised usage strategy that is far more than the
present average run-off.
Chhattisgarh's ambitions are as heinous (evil/wicked). According to the Central Water
Commission's (CWC) sources, the "planned utilisation" of Chhattisgarh through "ongoing"
and "future" projects is around something, which is much greater than the current average
annual run-off from Chhattisgarh. That essentially implies that Chhattisgarh has devised a
weird strategy in which it plans to utilise far more than the average typical potential of the
Mahanadi River throughout the state. In other words, even if Chhattisgarh ceases (stop/end)
releasing even a drop of Mahanadi basin area to Odisha, the predicted use of the Mahanadi
River in Chhattisgarh would be significantly higher than the overall capacity of the Mahanadi
River in Chhattisgarh. Those "plans" demonstrate how foolish and irresponsible the
governments of Odisha and Chhattisgarh have been in planning their "utilisation."
 Barricades of perplexity:
On May 16, 2018, Odisha Chief Minister Naveen Patnaik will begin the "Save Mahanadi
Campaign" of his Biju Janata Dal against the Chhattisgarh Government's "illegal" restriction
of the Mahanadi River's waters by a series of barrages. Only four days before the tragedy, the
Principal Secretary of the Odisha government's Water Resources department said that the
state will build at least "seven barrages" across the Mahanadi downstream of the Hirakud
reservoir. The dispute between two states over an important inter-state river, the
establishment of a river dispute tribunal, Odisha's ruling party's plan to hold a massive "Save
Mahanadi campaign" throughout the basin districts of Odisha state, and the sudden
announcement of barrage plans have all complicated the Mahanadi conflict. These
developments over the Mahandi basin in both states have major environmental and ecological
consequences. Yet, it appears that a vested industry-engineer-politician lobby has begun to
get the upper hand in order to seize the river water. Meanwhile, conservationists predict that
the river will die young.
INSTITUTIONAL AND POLICY FRAMEWORKS OF WATER ALLOCATION IN
ODISHA AND CHHATTISGARH
 Institutional and Policy Frameworks of Water Allocation in Odisha:

 State Water Policy:

Given the conflicting needs for a shared pool of water resources, the State Water Policy
establishes the following priority order for water allocation throughout the state-
 Water supply and domestic usage
 Ecology
 Irrigation, agriculture, and allied activities such as fisheries
 Hydropower

 Legal Instruments and Rules:

 Orissa Irrigation Act

 Orissa Pani Panchayat Act
 Orissa Industries Facilitation Act

 Institutions:

 Department of Water Resources

 Orissa Water Planning Organisation
 River Basin Organisations
 Water Resources Board
 Water Allocation Committee
Institutional and Policy Frameworks of Water Allocation in Chhattisgarh:
 State Water Resources Development Policy, 2001:
Water is identified as a communal resource controlled by the state under the public trust
theory in the Chhattisgarh State Water Resources Development Policy (SWRDP) of 2001,
with the goal of achieving food security, livelihood, and equitable and sustainable
development for all users. The policy prioritises drinking water and agricultural usage.
However, there is no clear prescription for overall prioritisation among competing sectors,
implying that the proposed State Master Plan on water resources (medium and large projects)
would spell out the need for industry and power in addition to the already prioritised needs of
drinking water and agriculture. Apart from these laws, there are none that clearly define the
water allocation usage priority for all main water users.
 Legal Instruments and Rules:
Because Chhattisgarh is a new state, policies and laws from the former Madhya Pradesh
(such as the Madhya Pradesh Irrigation Act of 1931 or the Regulation of Waters Act of 1949,
for example) are frequently in use. As a result, unlike Odisha, many legislative and
institutional changes in the state are still in their early stages. There are, however, numerous
new projects, such as the Chhattisgarh Participatory Irrigation Management Act and Rules,
2006, the Groundwater Regulation and Control Development and Management Bill, 2012,
and so on. The Industrial Investment Promotion Act (2002) and Rules (2004) have water
consequences in the state as well.
 Institutions:

 Chhattisgarh State Industrial Development Corporation (CSIDC)

 Water Resource Department

 Key Issues and Insights:

 Failing Institutions for Participatory Irrigation Management.

 Need for Legal and Institutional Reform.
 Lack of a River Basin Approach.
 Need for Rigorous Estimations of Water Availability and Demand.
 Need for Water Plans and Clear Strategies for Water Management.
 Lack of Sufficient Norms for Water Allocations.
 The need for ongoing evaluation of water planning strategies.
 Improving estimates of water availability and demand.

RISING INDUSTRIALIZATION AND URBAN SEWAGE (R)

Chhattisgarh and Odisha both make significant investments in the electricity and steel sectors
to suit the demands of their respective states' water-guzzling industries. Farmers have
protested vehemently against the Odisha government for displaying priority for private
enterprises by supplying water to them at the price of agriculture. The battle has been
dominated by the hidden interests of industries in both states. The Chhattisgarh government
has signed a memorandum of understanding (MoU) for the construction of 49,000 MW
power plants. On the other side, the Odisha government has inked an agreement to build
power plants with a capacity of 60,000 MW. Both administrations are working hard to secure
water from the Mahanadi River for these projects. The Chhattisgarh government has built
almost 50 masonry check dams in various Mahanadi tributaries, and two big hydro projects
over the Mahanadi's main stream are now under construction. This would very probably
result in ecological imbalances not just in Odisha, but also in Chhattisgarh. It is surprising
that the Union Ministry of Environment, Forests, and Climate Change officially approved the
Chhattisgarh State Government to proceed with projects that would result in extensive
ecological damage in the literal meaning of the term.
Farmers in Odisha who rely on Mahanadi water joined together at Hirakud Dam in 2008 and
created a 'Chasi Rekha' (line of farmers), which is a boundary wall inside the reservoir
beyond which industrial facilities are not authorised to use water. For farmers, the
distribution of water to industry is the primary source of the basin's water shortage. However,
both governments have been characterising the Mahanadi as a water surplus river in order to
attract investments in thermal power plants and other sectors, despite the fact that the river is
currently experiencing a water shortage. People in Chhattisgarh are unable to use water for
drinking or fishing for a living. Dams are no longer built to deliver water to farms; instead,
the concealed purpose is to supply water to industrial units.
Both governments' welfare and prosperity are based on a 'Living and Healthy Mahanadi. The
Mahanadi River provides benefits to industrial establishments on both sides. Water extraction
has worsened drought, farmer suicides, flood destruction, and disasters in the Bay of Bengal
due to haphazard planning. Both administrations are conducting water flow and balance
analyses based on outdated and fragmented data in order to push river water privatisation.
The lack of collaboration between the two states on water flow statistics and flood control is
lethal for those living downstream. At the moment, the safety of the Hirakud dam is also
under jeopardy (danger). The Mahanadi and most of its tributaries are now under severe
water stress. The Mahanadi River has died as a result of coal-fired power stations. At the
river's mouth, both Odisha and Chhattisgarh have developed coal-fired power plants. The
Mahanadi is already a water-stressed basin facing major issues.
The Mahanadi is currently polluted as a result of industrial and municipal garbage dumping.
It appears that urban people are gradually becoming oblivious (not noticing) and apathetic
(lacking desire) to how rivers are strained. Water contaminated by human usage in urban
settings comprises grit, debris, suspended particles, pathogens, organic wastes, nutrients, and
a mixture of over 200 recognised compounds. The dangers of polluted rivers range from
health problems to the extinction of some species; from the health of aquatic and terrestrial
creatures to the health of the economy. The discharge of liquid waste from a factory into a
river has an impact on the fishing market, tourism income, and a variety of other economic
sectors that rely on rivers. The lack of rules to prevent rubbish from being dumped into the
Mahanadi allows for such collective contamination. Rivers have an important role in
changing the environment, and civilizations have socioeconomic and cultural ties to them.
(This also poses a massive danger to environmental sustainability) While both state
administrations are adamant about expanding water allocation to businesses, they are less
concerned about providing water to farmers and meeting basic home water demands.
PROBLEMS OF FARMER IN RURAL AREA (R)
Climate change is one such concern that has been harming the river and ordinary people in
the basin for years and is a major source of hardship for farmers and river deterioration.
Smallholder farmers in one of the basin's poorest areas in Odisha have nothing to fear from
the Chhattisgarh barrages. They have no guaranteed irrigation and must rely on the rainfall to
cultivate. These farmers were concerned about the delayed arrival of monsoon rains and the
failure of the India Meteorological Department's projections.
Farmers who rely on rain are hesitant to plant because they are unsure about the monsoon
rains. Farmers in Odisha's western regions may have to wait another month before deciding
to relocate in quest of alternate employment. Because of the agricultural crisis, millions of
people leave this region each year. Farmers' concerns extend far beyond this circumstance, as
the area is seeing climate change and an increase in the frequency of droughts. The frequency
over the previous two decades has been frightening.
The Hirakud dam, which is at the heart of the present conflict between Odisha and
Chhattisgarh, may have played a significant impact in changing local climatic conditions,
exposing this portion of the basin to increased droughts.
Hirakud reservoir, like many other large reservoirs in the tropical and subtropical climates, is
a major source of greenhouse gas emissions. The reservoir flooded a significant area of rich
and diversified forest. At least 58,200 hectares of teak and sal woodland were buried in the
reservoir water. The trees were never chopped and were left to rot under the sea, causing
massive methane emissions. In recent research, claims that damns and reservoirs caused 25%
more methane emissions than originally thought.
Apart from desertification, the Hirakud dam has resulted in significant microclimatic changes
in the region. A lot of moisture collects around the clouds as a result of the forest
submergence and the construction of such a massive man-made water body. As a result, there
is a lot of rain as the monsoon clouds pass over the reservoir in the northeast. This creates
severe and frequent droughts on the reservoir's opposite side.
Global climate change, which causes irregular rainfall, is also having a significant impact on
the Mahanadi basin. Many scientific research have shown how global warming is wreaking
havoc on the basin.
Due to a multitude of problems in the system, significant floods in coastal Odisha have
continued since the dam's construction in 1961, 1982, 1994, and 2001. Concerns were made
about the dam's lack of competent technical and feasibility assessments even before it was
built. But, India's first Prime Minister, Jawaharlal Nehru, opted to proceed. The Tennessee
Valley Authority, created in the 1930s during the zenith of American dam development,
captivated India's planners at the time. The federal government of India now favours a similar
approach to river management, as envisioned in the river interlinking project.
As a result, there is an urgent need to integrate climate resilience (flexibility) models into the
nation's river basin management planning. The need is severe in Mahanadi because drought is
spreading its grip, marginalising millions of farmers and causing millions to move
periodically. Both Odisha and Chhattisgarh have climate change action plans that must be
coordinated in order to rescue the Mahanadi River, its farmers, and other dependent
populations from the effects of climate change.
IMPACTS ON WOMEN
Women are the first to be touched by any adversity. The similar thing happened during the
Mahanadi water crisis. Women bear the majority of the burden of collecting water for family
use; hence, 100% of women bear the burden of water collection for household tasks. Apart
from that, their economic activities such as gold collection, fish collection, mat preparation
by gathering grass, and vegetable gardening on river flood plains have suffered greatly, with
88% of women experiencing a loss of livelihood. Grass from the flood plain was utilised to
make miniature baskets and other utilitarian items. They were frequently sold at the adjacent
market for a living. Faulty river water management systems and its consequences, such as
biodiversity damage and food instability, have harmed women in the studied areas.
Women acquire less knowledge as their participation in decision making is low. Due to
increased workloads, they are unable to participate in the official decision-making process.
Women are affected by river pollution and devastation in three ways: direct influence on
available economic activities, increased hardship, and deterioration in reproductive health.
Women also indicated an increase in burden in managing food for their family as a result of
lower income and asset loss.
POLITICAL ADVANTAGES TO POLITICAL PARTIES
The Mahanadi river basin is home to 27 parliamentary constituencies, including 13 in Odisha,
11 in Chhattisgarh, and one each in Jharkhand, Maharashtra, and Madhya Pradesh.
According to legislative numbers, the political stakes for all political parties, particularly the
ruling BJP in Chhattisgarh and the BJD in Odisha, are undeniably high. It is a political fight
not only between two states over farmer welfare, but also between the BJP and the BJD to
reap electoral gains from it. Political parties are pointing out flaws in one another in order to
gain political advantage. While the governing BJD is accused of disregarding Chhattisgarh's
first move of building barrages, BJP officials allege that the Odisha government was well
aware of the adjacent state's actions while remaining apathetic. For its part, the Congress
blames both the BJD and the BJP for the tense situation.
According to the BJP, the BJD is seeking to politicise the issue in light of the forthcoming
panchayat elections. Nonetheless, both the national and Chhattisgarh governments are led by
the same political party, which is opposed to Odisha's desires for a speedy resolution of the
matter.
Even within the same state, political parties have divergent views on what is important in
terms of the repercussions for their political support base. Water concerns are fertile terrain
for political parties looking to gain an electoral advantage. Water politics is glaringly clear in
the Mahanadi crisis.
In Odisha, the present ruling party (Biju Janata Dal) launched a political campaign on the
Mahanadi issue to give the appearance that it is fighting for the Mahanadi cause. The BJD
was a forerunner in bringing the issue to light, ostensibly to prevent its opponents from
obtaining political benefits from the struggle and to deflect public attention away from other
claims brought against Opposition parties.
To deflect criticism, the Odisha BJP has chosen the approach of nitpicking (finding or
pointing out minor faults) the state government's operations, accusing it of inaction, and
supplying false information. The Odisha Congress experienced serious internal squabbles
(arguments) as a result of its involvement in Mahanadi water politics.
In 2018, and 2019, the Bharatiya Janata Party (BJP) in Chhattisgarh and the Biju Janata Dal
(BJD) in Odisha will face challenging elections.
Anti-incumbency (incumbency: the time during which a person holds an office or position) is
a possible alternative for both candidates because they have substantial governing experience.
Both want new grounds for political mobilisation, and the Mahanadi problem gives one.
Governments cannot afford to be perceived as endangering the interests of their own
countries. Opposition parties, on the other hand, believe that accusing governments of
jeopardising state interests is more beneficial. The river problem will decide the extent to
which various political parties and individual political leaders benefit from it. Politicians may
gain the desired result in elections by seizing such fights for the state's interests, but the
Mahanadi, the people who rely on it, and the wildlife that depends on it may suffer
immensely as a result.

SOCIAL RIFT FROM MAHANADI DISPUTE

The Mahanadi connects both states socially and culturally. The Mahanadi River is vital to the
inhabitants of Chhattisgarh and Odisha. It is an integral part of all major religious
celebrations and plays a vital role in people's lives. Mahanadi water is regarded sacred and
auspicious for any situation, good or negative. It is widely recognised that Mahanadi water
possesses the ability to transform evil into good. The river Mahanadi, in reality, holds
immense religious significance. On the 21 riverbank, there are several Shiv temples. People
from both states pour water from the Mahanadi into the shivling with reverence. (Deep
respect for something)
Again, people from lower castes and tribal groups use Mahanadi water as holy Ganga to
immerse the funeral ashes of their deceased forebears in order to ensure the departed soul's
heavenly habitation and holiness.
The Mahanadi is linked to the Jagannath worship.
People live in one state while working in another. Normal life was disrupted in most districts
of Odisha as a result of protests over the construction of dams on the Mahanadi River
upstream in Chhattisgarh.
A rupture (break) in connection between humans and environment has begun to emerge in
certain parts as a result of a developing water conflict between two neighbours.
PROCEDURAL DELAY IN MAHANADI DISPUTE
The Odisha government was also too late in demanding the closure of dams on the
Mahanadi's upstream in Chhattisgarh. The BJD administration first denied the projects in
Chhattisgarh would have any impact on Odisha. Furthermore, the Centre vetoed the
establishment of a tribunal long sought by the Odisha government to address concerns with
the distribution of Mahanadi river water on the grounds of insufficient evidence and
trustworthy facts in support of its claim. Even if the Centre is happy with the formation of a
tribunal, the legal struggle over river water would have lasted decades.
So far, eight river conflict courts have been established in India, but only three of their
decisions have been recognised by the states.
The extremely long delays have resulted mostly from an adjudication procedure marked by
disagreement and litigation delay. The Tribunal for the Cauvery Water Dispute is a prime
example, taking seventeen years to issue its final decision.
The Central Government's recent intention to establish a single, permanent tribunal to resolve
all interstate water disputes cannot also serve the goal. However, the permanent tribunal's
three-year timeframe for resolving such issues is a good first step. However, the goal of
settling the disagreement in three years does not appear to be achievable due to backlog cases
and outstanding litigation, notably by one institution. A single institution cannot handle all
civil, political, legal, and administrative problems. Protracted processes and significant delays
are also possible in this instance.
The Centre's refusal and delay in forming a tribunal might be ascribed to a variety of reasons.
The Centre has a nagging fear that the tribunal would delve deeply into every facet of the
Mahanadi water issue and bring the Centre into the realm of the court.

INITIATIVES TAKEN ON MAHANADI DISPUTE

  Collective action to address problems:
While the lives and livelihoods of river basin residents are in jeopardy and demand
immediate response, collective community action is irrelevant. Because a large portion of the
land is dependent on lift irrigation systems, a user farmers' collective called as Pani
Panchayat exists in some regions and seeks to intervene when difficulties develop. It exists in
80 percent of communities but is not successful in resolving issues. Fishermen cooperatives
exist in 77% of villages, but they have never bothered to analyse fishing communities'
livelihood options.
 Community views on what needs to be done:
Several studies have been conducted in an attempt to gather community viewpoints and
proposals for future steps in dealing with interstate river water concerns.
Individuals have proposed a wide range of practical initiatives, such as communities across
all districts thinking that the government should prioritise those whose lives and livelihoods
are fully dependent on the Mahanadi River in every water allocation or river-related decision.
The right to the river and river rights should be prioritised.
Priority should be given to community discussions before making any decisions, who are the
genuine defenders and conservers of the river, should be included before the governments
made any river decisions.
Women, in particular, should prioritise communal water management.
Water allocation must be balanced between industrial, agricultural, and residential users, and
the community must be included in decision-making.
 Odisha River Conference:

 1 st Odisha River Conference- The Odisha River Conference was hosted by Water
Initiatives Orissa (WIO) and the Indian River Network (IRN) in Sambalpur, Odisha,
from April 18 to 20, 2009, with approximately 75 participants from across the
country, including activists, environmentalists, journalists, academicians, researchers,
and civil society representatives. The "Sambalpur Declaration," adopted at the
meeting, calls for saving the rivers from current deterioration and restoring people'
historic rights to the rivers, among other forceful statements.

 2 nd Odisha River Conference- Water Initiatives Odisha (WIO) and Mahanadi River
Water keeper, along with approximately 25 partner organisations, concluded the 2nd
Odisha River Conference on April 22 and 23, 2018, with a strong message urging
governments to recognise rivers' right to life and assist them in flowing freely in
healthy conditions. The Conference also asked governments to help satisfy the needs
of riparian communities, conserve biodiversity, and handle other concerns in a
sustainable manner.

 3 rd Odisha River Conference- The 3rd Odisha River Conference, organised by

Water Initiatives, Odisha (WIO), Vasundhara (a Government of Odisha scheme),
Gram Swaraj, and 35 partner organisations on March 24 and 25, 2019, identified
youth as one of the major stakeholders to carry forward the theme - Promoting the
Forest-River-Communities Nexus for River Conservation and Climate Change. Youth
for Water is a campaign that will motivate thousands of young people to participate to
 water and river conservation activities, as well as to increasing climate change
resistance.
 Mahanadi peace initiative:
The 'Mahanadi Peace Initiative,' founded by Odisha's Mahanadi River Water keepers and
Chhatisgarh's Nadi Ghati Morcha, had its Campaign Coordination and Strategy meeting in
Sambalpur. It was attended by 35 people from both states and resulted in a plan of action to
establish peace in the Mahanadi River Basin, which is currently contested by Odisha and
Chhattisgarh.
This is the first project of its kind in the country, with efforts made to create a voluntary
citizen driven movement connecting basin communities in order to urge with state
governments for a conversation to address interstate river water conflicts.
 Mahanadi Bacahao Andolan:
Activists from the Mahanadi Bachao Andolan staged a silent 'Jal Satyagrah' in Jobra on May
26, 2018, during Prime Minister Narendra Modi's visit to the city to address a public meeting.
Members of the unit stood knee-deep in the Mahanadi, asking on Modi to intervene in the
Odisha-Chhattisgarh river water dispute.
 Inter-state cooperation framework for river rights:
There is a drive to establish an Inter-State Cooperation Framework for Mahanadi River Basin
Management in order to solve the problem.
 Risk Management Strategies:
Twenty-four risk management techniques were analysed in the case of Mahanadi area
farmers. These variables are related to crop diversification, off-farm revenue, debt
management, sales management, and government financial support.
MAHANADI WATER DISPUTE TRIBUNAL (R)
The Government of Odisha filed a complaint with the Ministry of Water Resources, River
Development, and Ganga Rejuvenation (now Ministry of Jal Shakti) on November 19, 2016,
in accordance with Section 3 of the Inter-State River Water Disputes (ISRWD) Act, 1956, as
amended by the Inter-State River Water Dispute Rules, 1959.
The Government of Odisha requested that the Union Government establish a Tribunal under
Section 4(1) of the ISRWD Act, 1956 to adjudicate water disputes involving the river
Mahanadi and its basin between the riparian states of Odisha and Chhattisgarh.
The Central Government formed a Negotiation Committee in order to settle the conflict
through negotiation. The Negotiation Committee issued its report in May, 2017, stating that
any future meetings of this Committee would be futile due to the absence of participation
from the complaining State, namely the State of Odisha, in the sessions. As a result, it was
determined that the disagreement could not be settled by dialogue.
After that, the Central Government established the Mahanadi Water Disputes Tribunal dated
12.03.2018. In this regard, the Central Government referred the matter to the Tribunal on
April 17, 2018.
Furthermore, the Central Government, extended the period for submission of report and
decision by the Mahanadi Water Disputes Tribunal until 11th March, 2023, or until the
submission of report and decision, whichever is earlier.
The tribunal was charged with deciding on water distribution among states based on the
overall availability of water in the Mahanadi basin, each state's contribution and current use
of water resources, and the potential for future growth.

INTER-STATE RIVER WATER DISPUTES ACT 1956 (R)

Interstate water conflicts occur when two or more states disagree about the usage,
distribution, and management of rivers flowing through two or more states. When the
interested states are unable to resolve their differences via dialogue, the Central Government
establishes a water dispute tribunal to decide the matter.
The Inter-State River Water Disputes (ISRWD) Act, 1956 was passed in parliament to settle
such issues and allow for the arbitration of disputes pertaining to water of inter-state rivers
and river valleys.
 Agreements on inter-State rivers:
Mutual conversations and negotiations are the first stage in settling interstate water problems.
The nations or parties concerned can jointly discuss and reach an agreement on the terms and
circumstances.
If these discussions fail, the government will pursue the following step under the Inter-State
River Water Disputes Act of 1956. The Inter-State Water Disputes Tribunals in India then
take effect.
 What is the Inter-State River Water Disputes Act, 1956?
The Inter state River Water Disputes Act, 1956 was passed under Article 262 of the Indian
Constitution to handle water disputes arising from the usage, control, and distribution of an
interstate river or river valley.
Several revisions to this Act have been introduced throughout the years to better simplify and
smooth the agreements and settlements between the associated states.
 Inter-State River Water Disputes (Amendment) Bill, 2019 :

 On July 25, 2019, the Minister of Jal Shakti, introduced the Inter-State River Water
Disputes (Amendment) Bill, 2019. It modifies the 1956 Inter-State River Water
Disputes Act. The Act allows for the resolution of conflicts involving interstate rivers
and river valleys.

 The Act allows a state government to seek that the central government submit an
inter-state river dispute to a Tribunal for adjudication. If the central government
believes that the disagreement cannot be resolved via discussions, it is obligated to
establish a Water Disputes Tribunal within a year of receiving a complaint.

 Disputes Resolution Committee: According to the Bill, if a state submits a request

about a water issue, the central government would form a Disputes Resolution
Committee (DRC) to resolve the problem amicably.
  Within one year (extendable by six months), the DRC will strive to resolve the
disagreement via discussions and provide a report to the central government. If the
DRC is unable to resolve a disagreement, the central government will send it to the
Inter-State River Water Disputes Tribunal. Such a recommendation must be made
within three months after receiving the DRC's findings.

 Tribunal: The central government will establish an Inter-State River Water Disputes
Tribunal to resolve water conflicts. This Tribunal may have several benches. The
current Tribunals will be disbanded, and all water issues pending before those
Tribunals will be transferred to the new Tribunal.

 Timelines: According to the Act, the Tribunal must make a judgement within three
years, which can be extended by two years.

 Under the Act, if a state refers the subject to the Tribunal for further consideration, the
Tribunal must deliver its findings to the federal government within one year.

 Tribunal Decision: According to the Act, the Tribunal's judgement must be published
in the official gazette by the central government. This judgement carries the same
weight as a Supreme Court decree. It further states that the judgement of the
Tribunal's Bench shall be final and binding on the parties engaged in the dispute.

 Data bank: The Act requires the federal government to create a national data bank and
information system for each river basin. According to the Bill, the central government
will appoint or authorise an agency to manage such a data bank.
WAYS FORWARD
What Mahanadi needs is ecological regeneration, not dam construction, because lands and
rivers sustain our life. Increased distrust and conflict between the two states are unavoidable
in the setting of a virtual institutional vacuum, fragmented state-level policies, and the
absence of a democratic and transparent process for water allocation. In this situation, the
political will of the riparian nations, as well as the impartiality of the Centre, are critical.
Priority should be given to establishing a broad-based river basin organisation with active
stakeholder engagement. Flow management from dams, barrages, and other diversion
constructions has resulted in noteworthy alterations in the seasonal flow patterns of the
Mahanadi River Basin's tributaries.
Governments must develop river-friendly policies for water use that take into account the
needs of local people.
Both can benefit from other energy sources. Both states should develop a collaborative,
innovative plan to make the river basin drought-proof, providing clean drinking water and
saving livestock and wildlife.
The lack of a suitable river strategy has sparked a controversy, as both governments are in the
midst of signing a number of MoUs with enterprises to maximise river water use, signalling
an immediate threat to the river's very survival. The essential necessity is to begin political
talks at the level of political executives.
The people of both Odisha and Chhattisgarh should come to the fore and bring the genuine
concerns of Mahanadi water distribution to the fore, assisting both state governments in
reaching an amicable resolution.
Waging war on river waters would simply complicate matters and divert attention away from
any long-term solution. Instead of fighting over it, the states should come up with a new
strategy to utilise the water wisely and provide a clear roadmap for what has to be done.
Without a doubt, water sharing is an important issue, but the river's gradual decay will pose a
significant challenge for both Odisha and Chhattisgarh in the coming decades. Instead than
being embroiled in a legal struggle over water sharing, all parties should work together to
revitalise it, which is urgently needed.
The key to resolving the disagreement is a clearly defined allotment of water with national
consensus (agreement).
CONCLUSION
Both states are to blame and the central government too. For more than a decade, the Odisha
government has been warned that dams and barrages being built upstream by Chhattisgarh,
without proper planning or consultation with the lower riparian state, would drastically
reduce river flow, affecting the operation of Hirakud, Asia's longest earthen dam, as well as
the livelihoods of millions of farmers who rely on river water, the basin's ecology, and more
specifically that of some of the sensitive ecological hot spots. The Odisha government,
misled by a few bureaucrats and engineers, ignored it. Things would have been quite different
if it had heeded the warning at the time. Chhattisgarh is also incorrect since it has arbitrarily
(dispotically) obstructed Mahanadi water without informing Odisha.
The central government, both former and current, also ignored the warnings, and the
involvement of authorities such as the Central Water Commission has been questioned.
The Interstate River Water Disputes Act (IRWDA) has also been ineffective. It should be
updated.
The Constitution should be revised to cover all aspects of water, which were left out of the
first entry.
There is a need for other systems, and one issue that must be emphasized is that disputes like
this should not give the central government the authority to remove water from the state list.
Laws can only be effective if we have a clear vision. Our vision for rivers has always been
one of exploitation rather than regeneration. Conflicts surrounding rivers will escalate as our
rivers dry up and pollution levels rise. We shall end up in even more chaos if we do not
implement effective river restoration strategies.