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Mangala Subramaniam
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CONTESTING WATER RIGHTS
Local, State, and Global Struggles
mangala subramaniam
Contesting Water Rights
Mangala Subramaniam
Contesting Water
Rights
Local, State, and Global Struggles
Mangala Subramaniam
Department of Sociology
Purdue University
West Lafayette, IN, USA
Water is a basic need for all living beings. Yet access to clean water for
all people across the world has been a challenge. Not having sufficient
and safe water means being susceptible to diseases. It also leads to loss
of time and educational and employment opportunities. Low incomes
and limited access to water also mean choosing between paying for
water, food, school fees, or medicines. According to the World Health
Organization (WHO) and UNICEF, 748 million people around the
world lack access to an improved (clean, uncontaminated) drinking water
source, while billions more lack drinking water that is really safe.
Water as an issue has been constantly visible in my travels for my field-
based research, especially in rural areas, for more than a decade now. I
carry bottled water as I always worry about safe water in the regions to
which I travel. And then I feel compelled to explain to my interview-
ees why I carry bottled water, especially because it could be construed as
adhering to caste norms. This is ironic, considering that research about
control over and privatization of water resources is the focus of this
book.
This book is an outcome of research I began way back in 2006, when
I became interested in environmental resources and justice issues. Being
fortunate to receive a competitive Asian Initiative Research grant from
Purdue University, I used my one-semester sabbatical in 2007 to travel
through parts of Rajasthan—Udaipur and Alwar districts. Rajasthan,
located in the north-western part of India, is relatively dry and infer-
tile. The area includes some of the Thar Desert, also known as the Great
v
vi Preface
ix
x Acknowledgements
Director of the Butler Center. Thanks are also due to the publisher for
making the watercolor illustration work for the cover possible.
I am thankful for the help and support of family and friends outside
my immediate academic realm. My late father, P. R. Subramanian, and
late mother, Narayani, were very supportive of my research and writing
endeavors. My mother was a feminist in her own way. She celebrated
my accolades and constantly encouraged me to strive for more. I am
indebted to my parents for their tremendous ability to make anything
possible for me. I am very thankful for the support of my siblings and
other family members, Vasanta, Brintha, Shobha, Ravi, and Yogi, who
have all contributed to making this book project possible. Without their
help and boundless energy, this book would not have been completed.
I also appreciate Brintha’s enthusiasm to develop an illustration for the
cover of this book.
Contents
5 Conclusion 153
Glossary 169
Index 173
xi
List of Tables
xiii
CHAPTER 1
The recent and ongoing water crisis in Flint, Michigan draws attention
to an issue that has affected and continues to affect people across the
world: access to clean/safe water. This crisis began when the source of
water supply to Flint was changed from Lake Huron and the Detroit
River to the Flint River to save money. Among those affected are the
marginalized and particularly the poor (Subramaniam 2016). The right
to clean water is a demand of people not only in Flint, but of p eople
across the world. To make sense of the water crisis, scholars and p olicy
makers have considered the role of the government in p romoting
privatization directly or indirectly, the economic costs and benefits of
promoting efficient systems of managing water use and allocation, and
the role of the community that represents race and class differences in
negotiating and resisting the privatization of water resources that are
largely perceived by the community as common property resources
(Olivera 2014; Moyo and Liebenberg 2015; Subramaniam 2014;
Mullin 2014; Breakfast et al. 2014; Johnson et al. 2016, among
others). Communities struggle as ground water levels deplete and the
contamination of water adversely affects the lives of people, particularly,
marginalized people.
In this chapter, I provide an overview of the water crisis and also
include a discussion of the early approaches to studies about water.
I cover three main issues. First, among the environmental specters
confronting humanity in the twenty-first century, shortage of water is at
the top of the list. Providing details of the estimates of water availability
This is also related to broader issues of environmental justice vital for con-
sideration of intergenerational needs (Subramaniam and Zanotti 2015).
The three cases of local struggles discussed in this book are Tarun
Bharat Sangh (TBS) and the Plachimada struggle, both in India, and the
Concerned Citizens’ Coalition of Stockton (CCCS) in California in the
United States. TBS, an NGO led by Rajendra Singh, has been actively
advocating for water rights in the state of Rajasthan. Let me provide read-
ers with some basic information about Rajasthan, especially because water
is scarce in this largely arid region. Rajasthan is a north-western state
in India. It is the largest state in India by land area, covering an area of
342,239 square kilometers. The state’s economy is primarily agricultural
and pastoral. The north-western portion of Rajasthan is generally sandy,
dry, and infertile, as most of this region is the Thar Desert, also known
as the Great Indian Desert. Given its varied topography, the climate of
Rajasthan greatly varies throughout the state. In the south-western part
of the state, the land is wetter, hilly, and more fertile. Since rainfall in
this state is quite limited, seasonal vegetation in the form of shrubs, grass
species, and dwarf trees can only be found. In the plains, food crops are
grown in areas where streamlets and rivers drain enough water for irri-
gation. Rajasthan is also a land of paradoxes. A famous tourist destina-
tion, the state attracts large numbers of domestic and foreign visitors
due to its majestic forts, desert, colorful handicrafts, and vibrant folk cul-
ture. However, this colorful exterior veils traditions of the subjugation of
women, child marriage, and seclusion that may limit their participation in
the discussion about water resources, particularly in rural areas.
Singh, known as the “waterman,” has become nationally and inter-
nationally known for protesting the privatization of water resources.
In 1985, five young men of the organization, along with its secretary,
Rajendra Singh, came to Kishori village in the Alwar district (Rajasthan).
Grass was scarce for grazing cattle. Crop yields were low and only 3% of
the cultivable area was irrigated. In such a grim situation, the TBS inter-
vened as per the advice of the locals through the restoration of the tra-
ditional water harvesting structures, called johads (earthen check dams),
in the region to capture and conserve rainwater, which improved perco-
lation and groundwater recharge. In spite of opposition by government
authorities, TBS continued to mobilize people to address water scarcity.
Its greatest symbols are five rivers of the region, which have started flow-
ing perennially after decades of drought, a direct result of conserving
water in johads (Mahapatra 1999).
12 M. Subramaniam
The next few years saw a confusing array of legal battles between the
village council, the Kerala state government, and the Coca-Cola com-
pany. Coca-Cola offered to pay the panchayat President, who declined
for fear of being co-opted. “Coca-Cola had created a water scarcity in
a water abundant region” (Shiva n.d.: 2). The Palchimada struggle
involved local protests and rallies, and local residents took legal recourse
as well. This anti-Coca-Cola struggle is well-linked to the national net-
work called the National Alliance of People’s Movements (NAPM) and
has attracted global attention. The Plachimada struggle and TBS differ
from the third case, the CCCS, in that it is urban and based in the
developed world.
In Stockton, California, a strong mayor played hardball in an effort to
win the approval of the largest privatization contract in the West, while a
grassroots coalition went to the ballot box and the courts to stop him. In
2003, Stockton, a city of 260,000 inhabitants, was experiencing an eco-
nomic upswing with real estate development booming. Stockton is about
90 minutes north-east of San Francisco and is strategically located at the
hub of California’s complex hydrological system. The San Joaquin River
flows through the city’s downtown, and enormous pumps that provide
water to southern California are located just south in the nearby town
of Tracey. According to Snitow and Kaufman with Fox (2007), this puts
Stockton at the pivot of the California water wars. The high real estate
prices in the Bay Area make Stockton an attractive place for people to live.
The CCCS was formed in 2001 to monitor and challenge what it
called the Stockton City Mayor Gary Podesto’s push for privatization of
the municipal water supplies. Podesto had a successful business career
running grocery stores, which he sold to a major chain store and retired
comfortably. With a lot of time on his hands and with experience in deal-
ing with the government, he decided to run for the position of mayor of
the city. He brought his business ideology into this elected position, the
primary motive being profit. His business model, built on privatization,
formed the basis for managing the city’s water system.
Podesto argued that “a private company running the water depart-
ment would not be privatization because the city would still own the
water and the facilities” (Snitow and Kaufman with Fox 2007: 28).
Members of the CCCS disagreed because such a partnership is privat-
ization when a municipal function is turned over to the private sec-
tor. The major mission of the CCCS became the fight against the
14 M. Subramaniam
such as the WWF. The WWF is organized by the WWC once every three
years. The Council is an international think tank based in Marseilles,
France, whose goal is to raise awareness of global water issues. To that
end, the WWF plays host to political leaders, intergovernmental organ-
izations, academics, NGOs and community organizations, UN agen-
cies, and journalists from around the world. They engage in weeklong
conferences about water usage, access, conservation, and sanitation.
But this has not been straightforward. Critics of the WWF draw atten-
tion to the fact that several water multinational corporations and inter-
national bodies such as the World Bank came together to create the
WWC in 1996. The WWC has direct links to two of the world’s larg-
est water corporations, Suez and Veolia. The Council promotes public–
private partnerships that have put water services in some Latin American
countries under private ownership. An alternative formation to the WWF
is the AWWF, which represents the rural poor, the environment, and
organized labor.
Activists have persuaded a block of Southern governments led
by Uruguay to call for an alternative forum to be led by the United
Nations. Their argument is founded on a desire among global water
activists for the creation of a global framework of action that recog-
nizes water as a right, thus eliminating the push for water privatization.
I examine the role of the WWF and the AWWF based on three main
themes. The first is their mission and goals and the organizations/groups
involved in these forums as members and/or participants. The second
theme concerns the analysis of how ‘rights’ to water are articulated by
these forums, which will emphasize the similarities and differences in
terms of how community rights to water (access and ownership) are
incorporated (or not). Such an analysis will show how the WWF and the
AWWF may differ in their perspectives to addressing the water crisis. The
third theme I will examine is their policy prescription and on-the-ground
actionable strategies.
All of these themes provide insights into the circulation of the dis-
course of rights to water between the local and the global in intertwined
ways (not in any specific direction). Participants in the AWWF are mainly
familiar with concerns in the location in which they organize people.
They can speak to the issues in these specific communities in order to
demand rights to control access to and use of water by targeting the state
and/or private entities (small private organizations or large transnational
companies). But they may not have a wider perspective on these issues
1 INTRODUCTION: WATER CRISIS 19
Notes
1. See www.wri.org/our-work/topics/water (date accessed February 7,
2018).
2. I recognize the lack of a clear consensus in interests amongst people in
using the term “community.” By “community” groups, I mean local peo-
ple’s/citizens’ groups or grassroots groups which are generally small and
are formed in or across villages, towns, or cities working for a common
cause, such as campaigning against the privatization of water. The com-
plexities of focusing on the “community” are discussed in Chapter 2.
3. Panchayat is a local governance institution comprising elected members
from the village.
20 M. Subramaniam
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22 M. Subramaniam
Neoliberalism
Neoliberalism is a theory of political economic practices that proposes
that human well-being can be advanced by “liberating individual
entrepreneurial freedoms and skills within an institutional framework
characterized by strong private property rights, free markets, and free
trade” (Harvey 2007: 2). It draws from the works of classic liberal econ-
omists such as Adam Smith, who in the late eighteenth century argued
for the abolition of government intervention in economic matters. The
ultimate (unreachable) goal of neoliberalism is a world where every
action of every being is a market transaction, conducted in competition
with every other being and influencing every other transaction, with
transactions occurring in an infinitely short timeframe and repeated at an
infinitely fast rate.
Globally, key institutions responsible for driving the neoliberal agenda
are the Bretton Woods Institutions, which include the World Bank, the
International Monetary Fund (IMF), and the World Trade Organization
(WTO). These institutions, dominated by developed and globally
powerful countries, advocate trade policies that disadvantage the poor in
the developing world. These include providing heavy subsidies for pro-
duction in rich countries, lowering trade barriers in developing nations
for food commodity exports from developed countries, and pressuring
poorer countries to export crops (Tabb 2004). Neoliberal policies cre-
ated by the World Bank and IMF in the 1970s and 1980s removed tariffs
on trade in order to “[allow] the unregulated market to determine the
most efficient allocation of resources” (Green 2003: 12). These institu-
tions restructure the economy to reduce the role of the state so that the
private sector can assume a more prominent role. Thus, deregulation and
the privatization of services are key aspects of neoliberalism packaged as
structural adjustments and advocated to national governments.
2 NEOLIBERALISM, THE AMBIVALENT STATE, AND COMMUNITY STRUGGLES 29
BENABU. 1857.
Poor Benabu has been arrested at Fas by the Sultan and imprisoned. All his
property has been confiscated except the house in which he lived. The property
and jewels of his wives have not yet been touched.
To the surprise of everybody the Sultan has appointed, in Benabu’s place as
Basha, the youngest son of the former governor of Tangier, Alarbi el Saidi. He was
a bookbinder and very poor, but no sooner did he get the Sultan’s letter, than he
assumed the reins of power well, and with the dignity of a grandee. We are already
good friends.
Affairs were in a critical state in 1858, and Mr. Hay, who had
applied for leave of absence, which was granted only to be
immediately cancelled, writes to his wife on May 12:—
Only fancy what a shell has burst on me, scattering all my plans, especially as
last week I received my four months leave in full form! The fact is that affairs in
Europe are in such a state that Government wishes every man, I suppose, to be at
his post, ready to do his best in the moment of danger. Morocco is ticklish ground,
and it is here we might be exposed to a movement on the part of France, which
might prove a severe check to us in our naval preponderance in the
Mediterranean.
Here I am, again, all alone on the 1st of June. I miss you and the children more
than ever; but I know there are yearning hearts and thoughts for me on this day,
and that I am not forgotten.
By way of amusing me, I have just received from Government a dispatch telling
me to report upon a bundle of false allegations made against me by two
discontented merchants of Mogador. I am put out, and yet pleased, at having an
opportunity to let Lord Malmesbury know what I have done, in contradiction of
what these folk accuse me of not having done. I hear also of a virulent article, or
letter, which has appeared in the Daily News against me. The Gibraltar merchants
are very angry at the attack upon me, and I daresay they will defend me without
my saying a word—at least, I flatter myself they will.
He was not mistaken in his hope that his conduct would find
defenders at Gibraltar. Three weeks later he writes:—
I think I have told you I received a very handsome letter from the Gibraltar
merchants, quoting a resolution, dated June 1, in which, amongst other
compliments, they resolved, ‘That this Committee desires to express its strong
disapproval of the tone in which the letter in the Daily News of April 24 is couched
—casting reflections upon Her Majesty’s Chargé d’Affaires, Mr. Drummond Hay—
and its dissent from the opinions expressed by the writer with reference to the late
Treaty with Morocco. . . . That this Committee desires at once to place on record
its most grateful appreciation of Mr. Hay’s eminent public services in the protection
and support of British subjects in Morocco, and for his prompt and courteous
attention to the demands and complaints of British subjects.’
So you see the abuse of two men calls forth the praise of many others, and I
am the gainer.
The Sultan has just sent me a present of a most beautiful leopard. Fat, sleek,
and tame as a cat. He is chained up in the stable. I shall give him to the Queen, or
to the Zoo gardens, which will be the same thing. I wish you and the children were
here to see the beautiful creature.
I am in high favour, they tell me, with the Sultan, so I get a leopard. It is like the
gift of the white elephant to the unruly chiefs in India.