Legal Regulatory

5Unit- v Settings & IWRP&M

Syllabus
current
national nerspectives of water crisis, UN laws on non-navigable uses of international water cOurses,
Giobaland inter-basin water
lawsand requlation (national, state &loca), water rights &priorities, CWC laws & guidelines,
mter
and integrated water resources management, importance of arbitration in IWRM, Dublin
Principles (1992),
ransters
dscussion. of one case study.

5.1
Globaland National Perspectives of Water Crisis
discussions. This has the
Aglobal perspective on water management predominates in high-level policy
resources mobilized. But water issueS
2dvantage that over-arching issues can be highlighted and international
institutions with local authority and
arise from local conditions and can only be resolved by people and
responsive to
responsibility. High-level policies can only have meaningful impact if they are informed by and
level policy-making should
local and regional contexts. In keeping with the principle of subsidiarity, high-
support local and regional interests, efforts, and policies.
. Precipitation over land, which exhibits significant geographical and temporal
variability, provides renewable
human
characteristics. Patterns of
freshwater supplies. Natural transportation and storage have varied spatial
of major rivers,
settlement, trade, fishing, and agriculture have all been significantly influenced by the geography
such as the draining of
deltas,and coastlines. Localized patterns of water demand and changes to water systems,
this. Waterways and coastal
wetlands, channelization of rivers, and building of dams and canals, are indicative of
areas have experienced localised pollution from urban areas.
decisions made on
The livelihoods and development of the local community may be significantly impacted by
from possibilities
infrastructure investments. A global viewpoint is likely to divert resources and attention away
was founded on pragmatism
to implement tried-and-true strategies and expand on prior reforms, whose success
facilities in North America in the
and principle. It is predicted that the installation of drinking water treatment
municipal wastewater
early 20th century increased life spans by up to 7 years. The building of sewers and
fisheries. Investments in
treatment benefited public health and assisted the recovery of aquatic habitat and
vectors
urban drainage reduced lossesfrom flooding and the draining of wetlands removed habitat for disease
industrial
In addition to protecting against flooding, dam construction offered water or irrigation, municipal and
Süpply, and electrical generation. These benefits and the resulting economic growth came at aprice and ith
Certain negative environmental effects that are no longer acceptable. Investments in water managemant
this.
alternatives and restoration have resulted as a result of
gaps. Uncontrolled human waste release and poor sewage
nations have severe infrastructure
Developing
treatment pose serious health concerns to an estimated 2.5 billion people, mostly in low- and middle-income

nations.
 ntegrated Water Resources Planning & Legal Regulatory
Settings &
Management
Poorly treated domestic and
are quickly industrial
(SPPU)
effluents are discharged, which degrades water quality
waste
in
count
that
1rWhesRP&M
industrialising.
acceptable for the local
Water, energy, and nutrients must be recovered through
management
that in
The lack of environment.
access to clean water and sanitary facilities has received attention from international
Pardcularly with the introduction of the Millennium Develonment Goals (MDGS). However, the policy making
objective is still unmet, and urgent problems (such faecal sludge management) that affect access
fully addressed. have not been sanitation
The drinking water
goal is compromised because access to improved water sources does not guarantee
water quality. The
post-MDG Sustainable Development Goals will require integrated approaches for adequatwatere
management tailored to local conditions,: as well as water-quality standards that can be monitored and
health outcomes. related to
Intormation on efficient agriculture nractices should be shared by organisations with a
Increased food security is a result of irrigated agriculture, but it can also have a severe impactworldwideon
reach
supplhes and biodiversity. Improved water- and land-management techniques that are groundwater
tailored to regional
Conditions and practices will be necessary to increase crop output in rain-fed areas.
Utilizing less tillage
muiching and rotating crops could improve water use efficiency. Underutilized methods for
storage include harvesting loodwater and capturing
boosting soil water
precipitation runoff. It's imnportant to manage
evapotranspiration from non-crop sources, evaporation, and soil water.
Trade in agricultural commodities links global
agricultural water demand, which leads to a slight improvement
in water usage efficiency. Although virtual
water transfer is a phenomenon that may be observed, it is not a
practical tool for policymaking. It doesn't take into account the harm
done locally as a result of inadequate
agricultural water management techniques. For instance, agricultural
worsen local land-use systems' struggle for water, production geared toward export may
especially dry and semiarid regions.
in
Other variables, such as energy consumption, labour
expenses, or higher-value land uses, may limit agricultural
development in locations with high water productivity. The transition of authority fromn local
larger coalition of officials, bureaucrats, and
interest groups has been accompanied by calls for an
governments to a
perspective on water governance. The relationships, trade-offs, and international
Subject to particular demands and decisions thát matter most are made locally.
restrictions and reflecting pertinent perceptions, goals,
agendas, local actors are well-positioned to cope with interests, and
capability could enhance governance more
manmagement difficulties. Building local water management
broadly.
Where rivers or lakes define or cross
international
There are frequently no agreements on how to borders, there is a need for international water management.
organise development so that participating
Previous "zero-sum" agreements mostly countries profit.
concerned with water allocation were negotiated.
Numerous institutions that oversee transboundary waters have
weak enforcement canabilities.
agreements that are static do not adapt to changing Institutions and
transboundary water management takes into account possible circumstances, A more constructive
approach t0
can only work if evaluation of advantages numerous growth sectors. n
possible beneits takes intoaccount regional
for

International water management 15 requred Wnere rivers or lakes conditions. limits. and possibilities.
to organise development so that define or cross international borders. On hOW
pardclpaing nations
Sum" agreements were largely established with regard to profit, there are frequently no agreements. Prior
water allotment "zero

echkaouiedgt
 mtegratedWater Resources Planning &Management (SPPU) 5-3
the
of onanisations in Charge of Legal Regulatory Settings &IWRP&M
agreements cannot adjust toransboundary
Many
and
nstitutions waters have poor capacities. Static
takee
into account changing conditions. enforcement
benefits for many Transboundary water Inanagernent
proactive that is
More given tolocal potentia)
nsiderationis conditions, constraints, and emerging industries. This is only achievable if
on opportunities while evaluating3potential benefits.
UN LawS
Watercourses
Non-navigable uses of International Water Courses
The UN Convention, also known as the
Watercourses, is an international treaty thatConventiontheon the Law of Non-NavigationalwatersUsesthatof
International

ross borders, including both surface water andgoverns use and preservation of all
interhational

1997.The created the paper "mindBul of

UN groundwater. It was adoptedI by the UN on May 21,
managing and
increasing demands for water and the influence of human activity"
toaidin conserving water resources for both
current and future generations.
took more than 17 years from the time of its
TheConvention
governments have ratified the pact, leaving the bulk of
drafting to take effect on August 17, 2014. Only 36
ntion, however, is regarded as an important step in
nations, notably the big ones, outside of its purview. The
establishing international law
Ih northern hemisphere autumn of 2008, the UN began reviewing a law proposed governing water. Law
by the International
Commission to serve similar purpose to the
unratified document, but was considering adopting the proposal as
aideline rather than immediately attempting to draft it into law.
52.1 Background
The International Law Commission (LC) was requested by the United
Nations in 1970 to prepare viable
temational guidelines for water use comparable to The Helsinki Rules on the Uses of the Waters of International
Biers, which had been approved by the International Law Association in 1966 but which failed to address aquifers
hat were not connected to a drainage basin. After the ILC completed its project in 1994, the UN Sixth Committee
drated the Convention on the Law of Non-Navigational Uses of International Watercourses based on their proposal.
te General Assembly adopted the document on 21 May 1997 with only three dissenting in avote of 106.
52.2 Provisions

Ihe document sought to impose upon UN member states an obligation to consider the impact of their actions on
Other states with an interest in a water resource and to equitably share the resource, mindful of variant factors
SuCh as population size and availability of other resources.
tach member state that shares a resource is obligated to tell the other sharing states on the state of the
Watercourse and their intended uses for it, giving them enough time to analyse the usage and raise objections if
they deem ít to be harmful. According to the agreement, a state with an urgent need is allowed to use a
watercourse right away as long as it notifies the states that share the watercourse of the usage and the necessity.
If a use is to find a compromise and, if
thought to be damaging, it obliges member states required, request
arbitration from other states or international bodies like the International Court of Justice.
The treaty mposes obligations on states that harm a shared water resource to take actions to remedy the
amage or to Compensatesharing states for the loss. These obligations include taking reasonable steps to control
datnage, such as that caused by pollution or the introduction of species not native to the watercourse. It
Ihandates that sharing states quickly notify others of emergency conditions relating to the watercourse that may
Impact them, such as flooding or waterborne infections. It also includes rules for addressing natural damage to
ivers, such as caused by drought or erosion.
Techknowiedge
 Legal Regulatory Settings &
The Convention
Integrated Water onResources
theLaw of the Non-Navigational(SPPU) 5-4
Planning& &Management Uses ofInternational Watercourses, a treatythat essential
codifies the fundamentals of international water law, was adopted by the United Nations General Assembiy
WRPRA
May 1997 Although not without controversy, the Convention has already had an impact and undoubtedly wiy

well into the twenty-first century.

5.2.3The present (Article-1)

Scope Convention
of the Present Convention
applies to uses of international watercourses and of their waters for purp05es othe
than navigation and to measures of protection, preservation and management related to the uses of thoe

watercourses and their waters.

The uses of international watercourses for navigation is not within the scope of the present Convention excen

nsotar as other uses affect navigation or are affected by navigation.

Important Terms Related to water courses (Article-2)

a) Watercourse: Watercourse means a system of surface waters and groundwater's constituting by virtue of their

prysical relationship a unitary whole and normallv flowing into a common terminus.
b) International watercourse : International watercourse means a watercourse, parts of which are situated in

different States,
c) Watercourse State : Water course state means a State Party to the present Convention in whose territory nam
of an international watercourse is situated, or aParty that is a regional economic 1ntegratiOn organization, in the
territory of one or more of whose Member States part of an international watercourse is situated.

) Regional economic integration organization : Regional economic integration organization means a

organization constituted by sovereign States of a given region, to which its member States have transferred
competence in respect of matters governed by this Convention and which has been duly authorized n
accordance with its internal procedures, to sign, ratify, accept, approve or accede to it.
5.2.4 Equitable and Reasonable Utilization and Participation (General Principle)
(Article-3)
1 Watercourse States must use an international watercourse fairly and sensibly in their respective regions
Particularly, an international watercourse must be exploited and developed by watercourse States in order to
achieve its best and most sustainable usage and advantages, while also maintaining the watercourse's necessar
Drotection andthe interests of the concerned watercourse States.
2 An international watercourse must be used, developed, and protected by watercourse States in a tair anu
sensible manner. According to the current Convention, such participation
encompasses both the right to use ui
watercourse and the obligation to assist in its development and protection.
5.2.5 Factors Relevant to Equitable and Reasonable
Utilization
In order to use an international watercourse in an equitable and reasonable manner as defined by article 5,al
pertinent circumstances and criterla must be taken into account, includino :
(al Geographic, hydrography, hydroBogicat, cllmatte,
ecoBogical and other factors of anatural character;
(b) The social and economic needs of the watercourse States concerned:
(cl The population dependent on the Watercourse ineach watercourse State:

iechknowedy
 Resources Planning & Management
(SPPU) 55 Settings kiWRPBM
negtated Water Legal kegulatory
use or uses ol the watercourses in one watercourse State on other watercotur Sta
s ofthe
ellects

The potential uses of the watercourse,

and
waterCourse and the
Evisting

LonserVatlon, Potection, development and economy of use of the water resources of the

measurestaken to that effect;

of
avallabilityof alternatives, of comparable value, to0 a particular planned or existing use.
The States that are affected by the application of article 5 or article shal), where
Watercourse paragraph 1 of this will
pertinent criteria
necessary,
engage in cooperative consultations. Each factor's value in relation to other order
howmuch weight is to he given to it. All pertinent considerations must be taken into account ín
determine
conclusion about what constitutes areasonable and equitable us.
arriveat a
o

Current Water Laws and Regulation (National, State and Local)

addresses the
oflaw that deals with water ownership, access, and control is known as water law. It also
Thearea governments (such
interstateanddtransnational aspects of water, the division of authority among thestates, local of
and the problem
municipalities in urban areas and panchayats in rural areas), public and private actors,
as
with its etfects on the environment and human health.
waterquality topic or
"laws" in common usage refers to the entire collection of regulations pertaining
to a single
The term
Indian water legislation includes :
loriving from asingle source. The term "law" in the context of
The Constitution of India
Laws or acts
nyay panchayats
Decisions of the Supreme Court of India, High Courts, district courts and
judicial decisions, as applied in Indía
0 Common law or law developed by English judges through
unwritten but established by long practice or usage.
0 Customary normsor rules of behaviour that may be
them. The water legislation in India is composed of
However, a bill passed by the Parliament may supersede number of
well as international treaties. It also comprises a
various parts. Federal and state laws are included, as tradítional Jaws
to water and water-related issues, as well as
less formal agreements, such as policies relating
and rules,

Objectives of water law

Allocation of water for different uses;
Setting up of priorities among different uses of water;
Conservation of water resources;
mplementation of the fundamental human right to water;
for its various uses;
Maintain the quality of water sufficientpoverty eradication;
Ensure water for human survival and
5.3.1 National and State Water Policies
and Union lists. The states are crucial
is mentioned in both the State
According
to the
to the Indian Constitution, water
ahagement of water resources and the creation of water policy, while the centre is in charge of
National Water Policy, created in 1987, established a thorough
istributing for the
Iramework
water among the states. The First
management of India's water
resources. According to this policy, water is "a precious national
asset and a vitalI human need."
echknewledge
 mtegratedWater Resources Planning & Management (SPPU) 5-9
Water Allocation Priorities Legal Regulatory Settings & IWRP&M

and
planning oneration of water resource systems, water allocation priorities should be broadly as
whle
ius.:

prnkingwater

rgation

Hydropower

fzology
Industrialdemand
of water

Navigation
in urban
water: Everybody should have access to adequate safe drinking water facilities, including
Drinking
locations. Where there is no other source of drinking water, irrigation and multipurpose projects
rural
nd should be for human
always include a drinking water component. The first use of any accessible water
should
and animal consumption.
the
irrigation. In order to complement
Iigation: Application of water to soil for crop production is known as and timing are
waterthat is
available from rainfall and groundwater, irrigation water is given. Rainfall quantity
need. The fast spread of
insufficient in many parts of the world to provide crops with the moisture they
often
the demand for more food and the need to survive.
irigation around the world is being driven by of the
Hydropower is a safe, dependable, and renewable energy source that supports the goals
r Hydropower: energy of falling water to generate
Hydropower uses the kinetic
country's environmental and energy policies.
environment naturally provides.
electricity without using more water than the
and abundance.
Ecology: The investigation of the elements influencing species distribution
D small-scale equipment
water :A variety of functions, such as air conditioning, sanitation,
E Industrial demand of significantly influenced by
processing make up industrial water use. Water consumption is
cooling, and product water is needed. A
or near the city. Depending on the industry,a different amount of
the presence of industries in consumption may be established for this
reason for acity with
of per capita
provision of 20 to 25 percent
moderate manufacturing navigation, they are
products are moved from one location to another via
Navigation : When people and of inland water
perspective of energy conservation as well, the expansion
anisported by water. From the
transport or navigation is essential.
Project
5.4.3 Planning Strategies for a Particular
be planned and
developed as multipurpose projects, to
1 water resources should
Projects Tor the development of
the extent possible. lives, habitations,
analysis of its potential effects on people's
necessary to do an
2Prior to beginning a project, it isenvironment, and other factors.
the development, and irrigation in such
3. socioeconomic reliable drinking water, the potential for hydropower
system, the
The equirement for
planning projects in hilly areas. These
features and limits include the
places should when
all be considered soil erosion.
risk for
basin'si steep slopes, quick runoff, and

Teck Kaowledge
 Integrated Water Resources lannng & Legal Regulatory:
Settings
Management (SPPU
4
Regarding ground water development, there should be a regular, scientiflc reevaluation of the &0WRP
PentaI, taking into account the ouality af the watar at hand and the feasiblity or is xtrdcion. ground water
5. Exploitation of groundwater resources should be controlled to ensure social equality and that
beyond what can be recharged.
Planning at the level of a river basin necessitates taking into account a complcated, wlde range of
7
and their interactions.
In
order to deal with such
complexities, which simulations and optimization techniques are
components
mathematical modeling has grown to be a popular tool util sed for,
5.5
Central Water Commission
The Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga
Governnment
field of water
of India, is
resources in India.
currently home to the Central Water Commission, aleadlng technical Rejuvenatiniothen,
organisation
The Commission is
charged with the general duties of initiating, coordinating and advancing plans for
Cohtol, Conservation, and utilisation of water resources across the nation tor the
the purposes of flood control
Irigatton, navigation, drinking water supply, and water power development in
consultation with the State
Governments concerned. Additionally, it carries out any necessary research,
such plans. development, and execution of any
The Chairman of the Central Water
Commission (CWC) is also the Ex-Officio Secretary to the Government of
India. Three wings--Designs and Research (D&R), River
Management (RM), and Water
(WP&P}-are responsible for different aspects of the Commission's activities. Each wingPlanning and Projects
is in charge of a full.
time Member who has the position of Ex-Oficio
Additional Secretary to the Government of India, and it is made
up of a number of Organizations in charge of
handling tasks and duties that fall under their purview of
responsibilities.
5.5.1 Roles of CWC
1. The Central Water Commission of India has the responsibility of initiation and
introduced by the Ministry of Jal Shakti. coordination of schemes
2. Thev include schemes that are founded to
conserve as well as control the water resource usage in the
and the States. country
3 The schemes launched also help in the
fields of flood management, irrigation
hydroelectricity generation,etc. activities,drinking water supply.
4 The CWC willconsult the state
government and central government where reauired.
5.5.2 Central Water Commission Functions
The commission is also vested with the
responsibilities of :
1 Management And Control Of Floods.
2 Checking Financial Feasibility And Economic Viability Of
Different Irrigation Proiects
3 Collecting, Compiling And Publishing The Analysed
Hydrological Data In The Country.
4 Construction, Development, Examination,, And
Implementation Of The
Schemes Necessary.
Techkled
 IntegratediWaler Resources Planning & Management (SPPU) 5-11
&IWRPRM
Investigating And Legai RegulatorySettings
suresing Designing Different Schemes And Constructlon Tasks Por The River Valley
perelopments

TachnicalAppraisal 0fIrrigation Projects.

AaluationAnd ASsessment Of Multipurpose Projects which the different State Governments recoommend.
GatheringDataConcerning Temperature, Rainfal, Runoff, Etc.
Providing.Assistance And Advice To The State Governments.

TrainingOfIndian Engineers In india And Abroad In All Aspects Of River Valley Development.
Ja
S5.3 Central Water Commission (CWC) Guidelines
crucial tasks given to CWC is to advise the Indian states that are part of the River Basin to adhere to
One ofthe
guarantee the
specified criteria for quality control, material specifications, and maintenance in order to
execution.of projects andtheir correct maintenance.
for
The Water Resources Department heavily utilises the new rules that the CWC announced in January 2014
nroiect planning, execution, and maintenance in Assam.
AWP Guidelines
at
In india, flooding and erosion can cause devastation. Almost every region of the nation experiences looding
Management Program in attempt to
come point during the year. Accordingly, projects were started under the Flood correct
works and their maintenance to
wduce such floods and erosion. In order to guarantee the execution of
material Specifications, and maintenance has
sandards, the responsible authority in respect of quality control,
basis.
oroduced a number of guidelines that are reevaluated and updated on a regular
NEC Guidelines
which had been established as a Regional Advisory
The 2002 amendment changed the North Eastern Council,
Planning Body. In light of this, the Council needs to
Body under the North Eastern Council Act of 1971, into a Regional works
Eastern Region. In order to guarantee the execution of
Levelop specificplans and programmes for the North material
responsible authority in respect of quality control,
ed their maintenance to correct standards, the updated on a regular
guidelines that are reevaluated and
pecfications, and maintenance has produced a number of
iesis

NLCPR Guidelines
projects, the North East Region has largely relied on central funds. Despite the fact that
For development have increased, the states continue to fall
of the NE states
rOughout time, the per-capita plan expenditures
infrastructure development. The proposal for a fund
osiderably below of the national average in terms of 1998
Central Pool of Resources was authorised by the union budget for the tiscal year
nder the Non-lapsable
works andtheir maintenatce are done in accordance with
1999 In order to ensurethat the implementation of
quality control, material Specifications, and maintenance
proper standards,the competent authority in respect of
has guídelines that are periodically reviewedand updated
developeda set of
Water Resources Department for preparation,
implementation and
These guidelinesare extensively used by
maintenance of projectt in Assam.
Techkaoede
 Legal Regulatory Settings &

5.6
Antegrated Water Resources Planning &Manaagement(SPPU)
5-12
IWRP&M
Inter-Basin Water Transfers
Two solutions-supply management And demand management-are available when a region lacks water
availability of
are done to
increase the water,and tha
relative to demand In supply management, actions recharge, andinter-basin water transfer.
artificial
engineerting structures.
techniques that can be usedinclude desalination,
movement of water via
Water transfer is the phrase used to describethe Transfer (IBWT), one ofthe
typically lackacros;
potential remedies for a
Transporting, of
river basins, for a useful purpose. Inter-basin Water groundwater extraction, etc. excess
water
desalination, transfer.
water, resembles other options like dams, inter-basin water
from one basin to another that lacks water is known1 as the receiving
basin because of the ongoing
unsustainable scenario in Sometimes on
Inter-basin water transfer begins with an over sigificant distances, the of
order
of water which is
water shortages there. This will need the transfer
basins are not close
to one another, quite commonly
thousands of kilonetres, if the surplus and deficit
the case.
frequentiy necessary remedy. In fact
IBWT is a traditional strategy and, in some situations, it
is a sensible and small
transter, typically Over
most programmes toimprove water resources
entail some sort of water
likelihood of shortages. The mo_t
distances.
more resilient and lowers the
IBWT water diversion makes the water system or megacities.
demand of agricultural areas
common purpose of IBWT projects is water economy, agriculturaloutput selt.
done to increase national/regional
Large-distance water transfer is typically development activities. VWaters have been moved from ona
discrepancies in
sumciency, and eliminate regional close to the locations
beginning of time because human settlements are not always
basin to another since the available may not be sutficient to
meet ali demands at a
the amount of water
Where water occurs or because
location.
transfer are :
The special attributes of a long distance water
billion cubic metres per year.
1. Large amounts of water
involved in transfer, often exceeding 1
exceeding 500 km.
2 Large distances of water transfer,often consequences.
infrastructure and possibility of extensive and irreversible environmental
3 Large costs of
receiving area.
4 Significant influence on the economy of the pipelines. The
between basins using canals; ridges are crossed via tunnels and
Water is typically transported and amount of water
contingent on the area's geography, climate, nearby soil characteri_tics,
final decision is
present. impractical, many inter-basin transter
the construction of a tunnel is
When a mountain must be traversed and travelled, a gravity tlow
Even if a slightly longer route must be
projects use pumping water in some sections.
relies on pumping.
system is often chosen over one that infrastructure.
pumping has much greater operating costs, which puts additional strain on the Contains
System with
A
insufficient access to electric power. If the water that needs to be pumped
especially in nations with GISs are no
because these create significant wear and tear.
sediments. additiona! maintenance issues result
decide on the transfer link's final route
being utilised more frequently to
Projects
5,6.1 Planning for IBWT water
feature of
transfer has long been and will continue to be a crucial
Large-scale inter-basin water surplusafter
management in many parts of
the world. The water that is exported from abasin musttypically be the need
reduce
immediate demands. Water conservation techniques should be used to
serving all of the basin's
importing basin while maintaining the effectiveness of water consumption. echkaowledgt
for the water
 mtegrated Water Resources Planning & Management (SPPU) 5-13 IWRP&M
LegalRegulatory Settings &
Beloreanylarge-scale water transter project is taken up, it would be helpful over the following questio
Iswatertransferthe only option to overcome the present and likely problems?
transfer the most efficient alternative?
water
Is
Whatarethetradeoffs involved in the water transfer?
Isthe requisite institutional and infrastructural support available?
According&toIndian custom, a basin is considered to have a water contains
demands that are
surplus if the amount of water it
expected to materialise during the next 25 years or so. Water volume that is above
eNceedsthe
anticipateddeemands is designated as surplus for that basin and can be transferred to other inadequate basins.
sharing of water resources between the donor and receiving basins is a IBWT.
The significant concern in
shared economic and social gains from the project, sustainable should be
Through development in both basins Water
practised. Water transfer must not adversely affect the
sustainability of water use in the donor basin.
transfer
agreements should cover monitoring and regular
evaluation, with the option of adjusting the parties'
respective obligations. If a water transfer involvestwo nations, it might, in theory, lead to greater political
collaboration between them

5.6.2
Evaluation of IBWT Projects
for projects involving extensive transfer distances, IBWT projects are often cost-effective solutions, and
. Except be compared to
technical issues are rarelya limiting factor. The various water management tools should always
schemes.
the water transfer
also result in significant population displacement; hence the project proposal must include
These projects can
be
euitable compensation for those affected by the project. The necessity or otherwise of an IBWT project can
Pvaluated by the following criteria :
projected future water
1 The recipient basin must have a substantial deficit in meeting the present or
reducing the
demands after considering alternative water supply sources and all reasonable measures for
water demand.
constrained by the water scarcity.
2. The future development of the donor basin must not be substantially
environmental impact assessment (EIA) indicates
3. An lBWT project should be taken up after comprehensive
area of origin or area of delivery.
that it will not substantially degrade environmental quality within the
degree of certainty that
4. A comprehensive assessment of socio-cultural impacts must indicate a reasonable
the donor or recipient basins.
the project will not cause socio-cultural problems in
equitably between the donor and recipient basins.
5. The net benefits from transfer must be shared
process. Such concerns, however, ought
Any significant IBWT project must undergo an ElAas part of the review
rather being merely an addition or a formality because thev
to be an integral part of the project approval process
The environmental study should not be seen as a
have significant and long-term environmental repercussions. maintain cultural and
IBWT. The transfer of water can assist
Darrier to the project. as it mav suggest starting recipient basin
values connected to awater body and may improve the ecological balance of the
cmotional adhere to strict standards. while
industrialised nations
tivironmental standards varv greatly between nations;
advancement.
prioritise social and economic
developing
It is
nations
effects in the water exporting
area, the water importing area, and the
to distinguish between
necessary
aster path when attempting to identify the
environmental implications. Affects on water availability, water
erosion and sedimentation, etc., must all be taken into
quality, micro- and macro-climate changes,impacts on soilto have a big impact on the local economy, agricultural
going
h projects are probably
account. Additionally, tthese aquatic life. Monitoring
must be done continuously because the
employment, and
utput, energyavailability,
effects of large-scale water
are
transfer still being developed.
procedures and tools for assessing the
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 Legal Regulatory Settings &
Integrated :Management ((SPPU)
Water Resources Planning &
5-14
quality. But the idea
also takes into
IWRP&M
aCcount the
ElA occasionally only includes investigations on water and the
extra water onofthe ecosystems in the to move between
the two basins,
effects
of the
preservation biodiversity, thealready present
potential for species receiving basin. The goal is to maintain or, to the extent

universally agreed quantitative indicators of the

no
possible, replicate the natural flow regime, evenif there are
necessary in-stream water quality and flow regimes from an ecological perspective. In
the impacted areeas, it is
lmportant to consider human, aesthetic. and environmental interests.
regional political and
Large-scale project ideas have occasionally had to be shelved due to relevant laws,
economic
considerations. The institutional support includes policies
developments as well as environmental
and administrative setup.
An examination of previous projects reveals that they were small, not technically challenging, and did not require
Numerous of these proiect
done with little fuss and objection.
s c a t inancial investment, so thev could be concerne
little or no attention was paid to environmental
Weie resricted to a single administrative division and
at the time.
the project, and the growing relevance of
However, given the complexity of the technological concerns, the size of
lot of criticism. Such projects
the environmental and social issues., contemporary proiects are up against a
scope, like those in
requently involve multiple states from asingle nation, and some of them have a worldwide
North America.
IBWT initiatives are frequently the least expensive and most practical way to address a region's water shortage
These programmes may become even more important if the crisis brought on by the slowing of economic growth
due to water scarcity worsens. Future technology developments that lower the cost of water transportation, a
reduction ínunfavourable socio-environmental effects, and climatic changes that increase the amount of water
accessible in donor regions are some factors that could further increase the appeal of these projects.
5.6.3 Examples of IBWT Projects
The idea of long-distance water transfer between basins has been used in practise for a very long time. IBWT is
occasionally essential in arid and semi-arid regions to relieve acute water shortages and to improve the
resilience of water systems in case of droughts. Water from the Himalayas was transported by the Western
Yamuna Canal and the Agra Canal, which were created in India about five centuries ago, to the remote regions of
Punjab, Uttar Pradesh, and Rajasthan. Other instances of inter-basin water transfers been out in India in the 19th
century are the Kurnool Cuddappah Canal (1860-1870) and the PeriyarVaigai (1896). Water from the
Himalayas
is diverted through the Indira Gandhi Canal Project to Rajasthan's deserts.
This scheme comprises a large multipurpose project
constructed across the Beas River at Pong, a barrage at
Harike and a Grand Canal system. The Sardar Sarovar project involves
transfer of water from Narmada River in
central India to Saurashtra and Kutch in western regions.
Droiects for inter-basin water transter are among the most
contentious uses of water resources in many natioS
However, because they frequently proVide the most alluring answer to a
are proposed and implemented.
specific water problem, these projects
These initiatives are frequently requlired because,
areas with plentiful water resources are not
the maiority of the population or where the always areas Wu
majority of the industrial or agricultural activity is located. Fo
inctance 90% of Canada's population and the
majority of its industry are concentrated within 300 km of
hovdor with the United States, desplte the fact that lb
b0% of the country's water flows
northward
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 Water Resources Planning & Management (SPPU) 5-15
Integrated Legal Regulatory Settings &IWRP&M
projects Vemano., Churchill Diversion, Welland
IBWT Canal, James Bay. and Churchill Falls are only a few ofthe
Aat
TheinCanada are finished or in the planning stages. Two
ones
examples of BWT from ancient China are the Lingua
Canal(finishedin 214 BC) and the Grand Canal
deliverysystemand the transbasin transter of
(completed in 605 AD). The Biliuha-Dalian interbasin water
water from the Luhana River to Tiajian and Tengshan are recent
projectsthat have been completed. China's southern
Chinese region has an abundance of water resources, whilst
rhenorthernregionlacks water. Water scarcity aftects the
basins of the rivers Huang He, Huai He,and Hai He.
resources are plentiful in the Chang jiang River basin, which will
Water serve as North China's primary water
basin, As a result, the south-to-north water transfer was designed as a permanent fix for this issue. This
supply
actuallyconsists of three parts: the west, centre, and east routes, each with their
project own service areas. In light
insufficient water requirements, the east route
ofthe component was to be completed first. The middle route
component will move asignificant volume of water from the Han liang and Chang Jiang (middle reaches) rivers.
Otherambitiouss projected projects include the diversion of excess Yellow River water and Quiantang River water.
American Water &Power Alliance, the Texas Water Plan, and the California State Water Project are three of
The North.
water transfer projects that have been put out for the United States. The Texas Water Plan envisages
the largest
redistribution offwater in Texas and New Mexico to meet the needs of the year 2020. The State of Water in California
Theproject, whose first phase was finished in 1973, calls forthe redirection of 4cubickm of flow from the state's
I
better-watered northern California to its drier middle and southern regions. The 715 kms California Aqueduct, a
complicated network of lined and unlined canals, pumping stations, syphons, and tunnels, makes up the
nnvevance system. There is an almost 1000 m lift involved (IWRS, 1996). In a similar manner, water from the
Calnrado River, an international river between the United States and Mexico, is being redirected beyond the
hasin and into California's ImperialValley. The project in Mexico to move groundwater from the Lerma basin to
supply Mexico City with water was finished in 1958.
,Si Lanka's Mahaveli-Ganga project comprises a number of inter-basin transfer linkages. The Irtysh Karganda
nroiect in central Kazakhstan is a noteworthy inter-basin transfer scheme that was implemented in the former
USSR. The connecting canal has a length of roughly 450 km,a maximum capacity of 75 m³/s,and a lift of 14 to 22
Another plan is for moving 90000 million m³ from the region in the south to the north-flowing river. The
partial redistribution of 2 million hectares of water from northern European rivers and lakes to the Caspian Sea
basin is one of the other possibilities.
BWT for irrigation, drinking water, and hydropower in India; for navigation and environmental elements in
Europe; for urban drinking water supply in Spain, France, and Germany; for environmental improvement in the
United States and Australia.

5.7 Arbitration

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more
Otrators who make a bindingdecision on the dispute. In choosing arbitration, the parties opt for a private dispute
aOlution procedure instead of going to court.
Its principal characteristics are:
Arbitration is consensual
Only when both parties have consented to the arbitration process can begin. The parties include an arbitration
Clause in the contract for any potential future issues emerging under it. A submission agreement between
he relevant
parties may be used to submit an ongoing dispute to arbitration. Aparty cannot voluntarily leave arbitration, in
ontrast to mediation.
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 Integrated Water Resources Planning &Management (SPPU) S-10 Legal Regulatory Settings &IWRPR
The parties choose the
arbitrator(s)
the WIPO Arbitration
Rules
The parties may jointly choose a
solitary arbitrator in accordance with Each
picks one arbitrator if the parties oppt for athree-member arbitral panel; the two arbitrators then agree on the party
PPesuing arbitrator. The Center may also directiy annoint arhitral tribunal members or identity possible arbitrators
with relevant experience. The Center maintains alarge roster of arbitrators that includes both highly specialised
Fatters and experts that cover the whole legal and technological spectrum of intellectual property as well as
seasoned dispute-resolution generalists.
Arbitration is neutral

In addition to their selection of neutrals of appropriate nationality, parties are able to cho0Se such important
elements as the applicable law. language and venue of the arbitration. This allows them to ensure that no party enjoys
a home court advantage.

Arbitration is a confidential procedure

The WIPO Rules specifically protect the confidentiality of the existence of the arbitration, any disclosures made
during that procedure, and the award. In certain circumstances, the WIPO Rules allow a party to restrict access to
trade secrets or other confidential information that is submitted to the arbitral tribunal or to a confidentiality advisor
to the tribunal.

The decision of the arbitral tribunal is final and easy to enforce

The parties agree to immediately implement the arbitral tribunal's ruling in accordance with the WIPO Rules. In
accordance with the New York Convention, which allows for very few exceptions, international awards are enforced
by national courts. This Convention is a party to more than 165 States.
5.7.1 Importance of Arbitration in IWRM
1. Achieving Good Water Governance
Within the overall framework for water governance, the Global Water Partnership (GWP) identified 13 (thirteen)
key change areas in 2004. These were categorised into three categories: institutional roles
(organisationl
framework, institutional capacity building), and management instruments (water
resources assessment,
planning for IWRM, demand management, social change instruments, conflict resolution,
regulatory instruments.
economic ínstruments, information management and exchange). Each of these sectors has the
potential to
support more fair, effective, and environmentally responsible water use and
management.
2. Securing Water for People
Sanitation and access to clean water are rundamental human
needs that are necessary for good health anu
welheing. One fifth of the world's population lacks access tosafe
drinking water, and half of the population lacKs
access to proper sanitation, despite the fact that most nations
place a high priority on meeting fundamental
human needs for water. The poorest populations In
emerging nations are disproportionately impacted by thes
service shortcomings. One of the bIggest i5Sues tnese
nations will face in the next vears is providing for e
demands of urban and rural communities in terms of water supply and
sanitation

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 Resources Planning & Management (SPPU) 5-17 Settings & IWRP&M
tntegrated Water Legal Regulatory
Food
Securing
Water for
populationforecasts, an
additional 2-3 billíon people will need to eat during the next 25 years.
Accordingto people now recognise water scarcity as a major obstacle to more so than
more food production, if not are
and More than 70% of all water
More withdrawals and more than 909% of all consumptive water usage
scarcity. agriculture and
land accountedfor by irrigated agriculture. Serious conflicts between water for irrigated
aready I
requirenent for
for
other human and environmnental uses are anticipated to occur, even with the predicted
water
extra
15-20%ofirrigation water Over the next 25 years, which is probably on the low side
An
Water. Ecosystems
and that
Management of land and water resources must make sure that crucial ecosystems arte preserved variety
effects on other natural resources are taken into account and, whenever feasible,
minimised. A
negative
are dependent on
economic advantages are produced by terrestrial and aquatic ecosystems. The ecosystems of factors,
of variety
flows, seasonality, and changes in the water table, and they are threatened by a
water
quality.
including poor water
ManagingRisks
downstream-all of
flood, point-source and diffuse pollution, actions taken upstream with effects felt
Drought, avoidance
and erratic results. Key actions in conflict
hece are frequent ocCurrences with frequently unusual
structural responses to both natural and man-mnade
include ensuring early warning systems and effective local
detrimental consequences of global warming on
disasters. This is especially crucial in light of the projected
built upon and result in proper mitigation and
and global hydrological cycles. Positive early responses must be
adaptation strategies.

6. Valuing Water
water is not only an input into production
Despite the fact that it is all too frequently considered as such,
social, environmental, and cultural value in all of its
processes. Water has economic worth, but it also has
application in light of whatever value. proves
applications. The economic cost of delivery systems, for whatever
grows more urbanised and as food demand rises. The
that while rain falls for free, pipes cost money as the world
water must take equity into consideration as well as
the demands of the environment. the
cost of
underprivileged, and the vulnerable.
1. Water for industry and Cities
communities is dependent on
Ihe creation of economic wealth in a large volume enough to benefit entire
when basins near closure Even
Tellable bulk water supplies. Difficult choices on the optimal use must be made
agriculture nevertheless
Wnile the industry only makes up 4% of the national Gross Domestic Product, irrigated
money, there are
aLCOunts for 70% of all withdrawals. While industry often uses less water to produce more
IFequently environmental implications.
5.8 Dublin Principles (1992)
Ameeting in Dublin in 1922 gave rise to four principles that have been the basis for much ot the subsequent
Water sector reform.

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 Integrated Water Resources Planning & Legal Regulatory Settings &
Principle 1: Fresh water is afinite and
Management (SPPU)5-lb
resource, essential to sustain
life,
development and the
1WRPRM
vulnerable
environment.
The idea that
freshwater is a finite arises from the fact that the hydrological cycle produces a fixed
amount of water per time period onresource altered by
average. This total quantity cannot yet be significantly human
actions, but it can and frequently is is
that must be preserved in depleted by man-made pollution. The freshwater resource a natural asset
order to provide the desired services. This principle recognizes that water is
for a variety of
purposes, functions, and services; therefore, management must be holistic (integrated) and take
required
into account both the demands placed on
the resource and the
threats tO l
e tegrated approach to water resource management necessitates coordination or tne various human
activities that generate water demands. determine land
uses, and generate waterborne waste products. The
Catment area or river basin is also recognised as the logical unit for water resource management under the
principle.
Principle Z: Water development and management should be based on a participatory approach, involving
users, planners and policymakers at alllevels.. .
Water is a subject in which everyone is a stakeholder. Stakeholder participation in the decision-making process
1s the only way to achieve true participation. Depending on the spatial scale
important to certain water
management and investment decisions, the type of participation will vary. It will also be impacted by the politica!
climate in which such decisions are made. The best method for building enduring
consensus and common
ground is a participatory approach.
Participation entails admitting responsibility, knowing how their activities affect other water users and aquatic
ecosystems, and embracing the need for change to increase water use efficiency and enable the resource's
sustainable development. Governments must work to increase participation
opportunities and capacities,
especially for women and other socially excluded groups. Recognizing that merely offering participatory chances
won't benefit already underprivileged groups unless their capacity for participation is
increased is important.
One method for enhancing involvement is to decentralize decision-making to the lowest
possible level.
Principle 3: Women play a central part in the provision, management and safeguarding of water.
In institutional systems for the development and administration of water resources, women's crucial roles as
water providers, users, and protectors of the living environment have rarely been
taken into account. It is well
known that women are essential in the gathering and protection of water for
home and, in many cases,
agricultural usage, but that females are far less influential than men in the management,
problem-solving, and
decision-making processes involving water resources. Gender awareness is needed for IWRM.
The fact that various societies assign certain social, economic, and
cultural roles to men and women must be
taken into consideration in order to foster the full and effective participation of women at
all levels of decision
making. Gender equity and sustainable water management have a significant mutually beneficial
relationship.
The achievement of sustainability can be accelerated by giving both men and
women the opportunity to hold key
positions at all Jevels of water management. Addittonally, managing water in an integrated and
sustainable way
nromotes gender equity by making it easier for both men and women to access the water
and services they need
to fulfill their basic needs.

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 IntegratedWater Resources Planning & Management (SPPU) 5-19
Legal Regulatory Settings& IWRP&M
4:Waterhas an economicvalue in all its competing uses and shouldbe
Princjple
4

goodas well as a social good. recognised as an economi.

Inordertofullyimnlement this principle, it is crucial to first acknowledge that all people have a fundamental
to inexpensive access to sanitary facilities and
clean water. In order to acbieve societal goals
right
equitableus
use, as well as to promote includin8
efficientand conservation and the protection of water resources, managing
wateras an economic g0od is crucial. Both as a social and economic good, water has value. The fact that the full
worthof water has not been recognised is to blamefor many past failures in managing water supplies. Value and

charges are
two distinct concepts from which we must make a
clear separation.
Water pricing (or non-pricing) is the use of an economic tool to assist underprivileged groups, influence
hehaviour toward conservation and efficient water usage, offer incentives for demand management, ensure cost
recovery, andindicate consumer willingness to pay for additional investments in water services. The allocation
tor among various water user sectorS and among various uses within a sector
should be decided upon by
treating water asS an economic good. When increasing supply is no longer a possibility, this becomes very crucial.

Case Studies
5.9
The need to address the issues brought up by the riparian states prompted the water ministers in the states of
.A Nile basin to launch the introduction of IWRM in the East African region in 1998. These reforms in the water
sestor were based on the 1992 UN-initiated Dublin principles.
Kenya created its national water policy in 1999, and the Water Act of 2002, which provided the necessary legal
framework, was passed. The Water Resources Authority (WRA) was established as the organisationrequired to
manage water resources in accordance with the IWRM principles and the Water Resource Users Association
(WRUA) as the lowest (local) level of water management, replacing the Act.
In asimilar vein, Uganda created its national water strategy in 1999 to effectively and sustainably manage and
develop the country's water resources. The National Water Policy also encourages the delivery of water for
modern agriculture.
Tanzania adopted an IWRM-based water policy in 2002, and a variety of legal, economic, administrative,
technical, regulatory, and participatory instruments were used to carry it out. The National Irrigation Act of 2013
and the National Irrigation Policy (NIP), both from 2010, offer the legislative framework for the participation of
Various parties in private-public partnerships in irrigation.
The West Africa Water Resources Policy (WAWRP) of 2008 promotes an unregistered 1WRM approach in West
Africa. The WAWRP is founded on the following legal principles; (a) "promote, coordinate and ensure the
Implementation of aregional water resource policy in West Africa, in accordance with the mission and policies of
OROmic Community of West African States (ECOWAS) and (b) "harmonization and coordination of national
reies and the promotion of programmes, projects and activities, especially in the field of agriculture and
natural resources". The founding legal basis resonates with the Dublin principles.
Niger rivers should
Leral Act of Berlin, passed in 1885, among other things, prescribed how the Congo and
be used for their water resources, and here is where IWRM in West Africa first emerged. The IWRM policy

approach was realised as a result of numerous agreements relating to shared watercourses in West Africa. For
instance, the Senegal River Basin (SRB) Development Mission aided Senegal and Mauritania in working together
to manage the SRB. Ruling C/REG.9/7/97, a regional strategy to combat floating plants in the ECOWAS countries,
Was another
notable accora.
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 Integrated Water Resources Planning &Management (SPPU) 5-20 Legal Regulatory Settings &
According to their level of adoption, West African nations were divided into three groups by GWP IWRP&M
(20003):
A, which included Burkina Faso and Ghana, Group B, which included Benin, Mali, Nigeria, and Togo, and Gr.P Group
which included laggards who required significant support to establish an IWRM plan. Group Awas made .
nations with the capacity to develop and adopt the IWRM approach.
Southern African Development Community (SADC) regional bloc has over 15 shared transboundary river h
SADC member states established the Protocol on Shared Water Systems (PSWS) which meant to
sustainable water resources utilisation and management. encourage
The PSWS was thought to improve regional fusion. The regional bloc created the Regional Strategic Action Pa
(RSAPs), which aimed to provide an integrated development plan for water resources. The shared wahe
resources projects functioned as a stimulus for the emergence of IWRM in Southern Africa, while the po.
initiative imitated IWRM principles. The adoption of IWRM by SADC was based on the Waternet and GWP.SA
research and innovation hubs, which are located-inside SADC. The adoption of the 1WRM policy approach at the
local level in the region was spurred by water scarcity exacerbated by
climate change in addition to the
availability of educated water experts in the area who were willing to experiment with the strategy.

Review Questions
Q.1 Write a note on Global and National Perspectives of Water Crisis.
Q.2 WNrite in detail about UN Laws on Non-navigable uses of International Water Courses.
Q.3 Explain Current Water Laws and Regulation.
Q. 4 What are water rights?
Q.5 What are the types of water rights?
Q.6 What are water allocation priorities.
Q.7 What is role of CWS?
Q. 8 Write a note on CWS with functions and guidelines.
Q.9 Write a note on inter basin water transfers.
Q. 10 Write a note on Arbitration in IWRM.
Q. 11 Explain importance of Arbitration in IWRM.
Q. 12 Explain Public Principles in detail.