`

ESSENC
CE - Interna
ational Jourrnal for Envvironmentaal Rehabilitaation and Conservation
n
Volume VI: No. 1 2015 [134
[ – 149] [ISS
SN 0975 - 62722]
[ww
ww.essence-jouurnal.com]

Water reesources reg

gime in Kum
maun Hills of Uttarakh
hand, India
(A Studyy in Historica
al perspectivve)

Sah, Reeetesh

0 2015 ⏐ Acccepted: Apriil 02, 2015 ⏐ Online: Junee 30, 2015

Received: December 02,

Abstractt
Water is i a precio ous gift ofo nature and a
indispenssable for the survival ofo all forms of
life. Watter resourcees regime inn Kumaun is a
product of its specific environmenntal
conditionns. The Himmalayas, an integral
i partt of
the Indiaan heritage and their forests
f provvide
vegetativve cover for the major riiver systemss in
India andd are knownn as the wateer towers of the
country. The Major river system ms, lakes aloong
with streeams and sprrings are thee main sourrces
of water in this regio
on. Significaant changes and
a the watershed approach for
reductionn in the foreest cover sinnce the Brittish
period has had a deeteriorating impact on the
water ressources. Thee colonial waater laws haad a
negative impact on water resouurces and waater
rights off the comm munity. It gaave priority to
private and
a state pro operty rightss over commmon
property rights an nd related managem ment
practices. Community modes of o managem ment
were not recognized in law. The situation didd
For correespondence:
Reetesh Sah, UGC-Acaddemic Staff Coollege,
Kumaun University,
U Naiinital
Email: reeeteshsah@gmail.com
not change eveen after indeependence and a state
inteervention in the life off the peoplee for the
purppose of wateer administraation becamme highly
intruusive. Thiss paper thrrows light on the
histtorical journney of wateer regime from
f the
pre--colonial eraa to the Brritish take over
o and
projjects into thhe post-indeependence period.
p It
alsoo discusses the linkagges of watter with
foreests and hoow these liinkages disrregarded
duriing the Brittish rule andd finally foccuses on
f managinng water
resoources in thee present scenario.
Keyywords: waater | tradittional | resources |
coloonial | irrigattion
Intrroduction
Watter is a precious
p giift of natuure and
indiispensable for
f the surviival of all forms
f of
life.. Three quaarters of thee world is covered
withh water, buut most off it is salinne. The
perccentage of saline water is 97, 2% iss ice and
1% potablei. If the entire water
w of the seas and
oceans were to be put in a one
o gallon jeerry can,
the fresh water availablee in riverss, lakes,
spriings and beelow the earrth’s surfacee would
justt amount to a table spoonn. A person can live
134
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

without food for a month, but without waater Katy

tyuris (500AA.D.-1200A.D D.)ii and thee Chands
only for a week. (12000A.D.-17900A.D.). Thee Gurkhas occupied
o
The use of water is an integral part of hum man Kummaun in 17790. They ruled
r Kumauun from
life, as old as civiilization itself. The grreat (17990-1815), when
w they were
w defeatedd by the
Harappann civilizatiion develooped in this t Brittish in 1815. After the Treaty of Sigauli in
continentt during 25 500-1500 B..C. because of 1816 both Kum maun and Brritish Garhw wal came
water onnly. Vedic literature (8800-600 B.C C.), undder British ruule.
especiallyy Rig-Veda a is repletee with hym mns Afteer the British occupation of Kum maun and
about irrigated land, flowing rivvers, ponds and
a Garrhwal in 18815, Garhwaal was dividded into
wells etcc. The Chand dogya, one of
o the princiipal twoo parts, Britiish-Garhwal and Tehri-Garhwal
Upanishaads (the ph hilosophical reflections of Statte. British Garhwal became
b a part of
the Vedaas, numberin ng 108 in all),
a points out:
o Kummaun Comm missionary whereas inn Tehri
“The rivvers…. all discharge
d theeir waters into Garrhwal State, the erstwhiile Parmar rulers
r of
the sea. They
T lead from
fr sea to sea; the clouuds Garrhwal were reinstalled.
r
raise theem to the sky as vapour and release Waater Manageement in Ku
umaun
them in the
t form of rain…
r Thee use of water
w resources in mulltifarious
Historicaal Backgrou
und conntexts gives rise to diffferent mannagement
The Himmalayas, an integral
i partt of the Inddian systtems, whichh are pecuuliar to coonditions
heritage and their forests
f provvide vegetattive throough which they
t emerge.
cover forr the major river systemms in India anda In Kumaun
K the history of managing
m waater is as
are knowwn as the waater towers of the counttry. old as the histoory of settleed agriculturre. Main
They aree a water reeservoir forr half a billlion sourrces of waater in Kum maun are raainwater,
people living in thee plains, a warehouse of glacciers, rivers,, lakes, streaams of all sizes and
biodiverssity and a cllimate makerr for the whhole spriings.
of Asia. Kum maun regionn lies in thee monsoon belt and
th
Uttarakhand, the youngest and a the 11 1 over thousandss of years, communities
c s in this
Himalayaan state of o the couuntry, is the regiion learned to
t collect raainwater, store it and
catchmennt area of th
he Indo-Gangetic plain and a use it for a varriety of purpposes througghout the
the craddle of the Indo-Ganget
I tic civilizatiion. yearr. Thus a unique water haarvesting
Uttarakhand is divided into t
two civiilization toook shape in this region.
Commisssionaries, Kumaun and a Garhwwal. Commmunities toook pride in their water systems,
Kumaun lies betweeen 28 44 and 30 49I N
0 I 0
as evidenced
e b the exquuisite ornam
by mentation
latitudes and 78045I and 8105I E longituddes. andd architecturee of the struuctures arounnd water
The earliier known ruling
r dynassty of Kumaaun boddies. An amaazing aspectt of these sttructures
was Kunninds (500B..C. - 300A.D D.). They were
w andd systems is that many of o them survive even
succeedeed by the Pa aurav (300A A.D.-500A.D D.),

135 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,
“
today, thousands of years after thheir Sometime when the husbaand is
constructtion. unavoidablyy absent, or astrrological
Perhaps the
t most ammazing aspecct of traditioonal consideratioons render his
h actual marriage
m
water maanagement system
s was their
t longevity. with the peerson of thee bride unddesirable,
The basic principles that ensuredd sustainabillity she is formaally married to a pitcher of water
in the passt were- representingg him”.
1. In thee pre-coloniaal period wee find that thhere 6. The local communities had the right of
was no
n interventiion of state in various uses
u ownership over the use
u of locall natural
of waater. resources and
a the staate recognizzed this
right.
2. Availlability of water
w for it’’s citizens was
w
not a responsibiliity of the staate. Traditionally inn Kumaun, thet main sysstems of
3. Theree was com mmunity management
m of watter harvesting are guls, naulas,
n dharaas, lakes,
kunnd, khal, simmar or gazaar and wateer mills.
waterr for irrigation and drinkking as per the
Manny of these technologiess are still in use and
needss of the people.
p Traaditional waater
provvide a signiificant propportion of thhe water
manaagement took k birth from this system..
requuirements ofo the peopple. The traaditional
4. Wateer was revereed and regarrded as sacrred.
systtems are beinng detailed below:
b
Sincee the water bodies weree consideredd to
Gull - In Kumauun cultivatioon is done laargely on
be saacred, they were
w well maaintained.
terraced fields and since ancient tim mes, the
5. Wateer was so san nctified that River or ‘PPani
probblem of irriggating the fieelds was resoolved by
Dhara’ marriage was given due d recognittion
diveerting waterr from nearbby streams or o rivers
by thhe society annd law in Brritish Kumaaun.
throough channeels called gulls. They are the best
Sir Paanna Lal, I.C
C.S., who waas appointedd as
exam mple of watter resource managemennt in the
speciial officer, Kumaun
K Divvision to coddify
hillss and are ussually dug allong the conntours of
the Customary Law in Kumaun, has h
the slope. Apartt from irrigaation, guls were
w used
referrred to it. He
H submitted his codiffied
for drinking waater and for running ‘ghharats’ or
reporrt to the Govvernment on 7th April 19920.
watter mills.
Accoording to him m, “In the River or Pani P
In some
s areas, water from
m the streamm is first
Dhara Marriage, the bride iss taken to soome
dammmed and then t the irrrigation chaannel is
sacreed place on a river, occcasionally evven
madde. The sm mall dam constructed
c for the
to ann ordinary spring, shhe is publiicly
purppose is known as ‘baann’ in local parlance
marriied and decllared to be the t wife of the
andd ‘kulayana’ in Kumaunni means too irrigate
brideegroom. Absentee solddiers are offten
the field with gul
g or kul. Along
A the leength of
marriied in this way.”
w
the guls are outlets, whhich lead to t small
Againn the Kumb bh Vivah was
w also givven
secoondary channnels and aree known as ‘hawarr’.
recoggnition by th
he society. Sir Panna Lal
L
Irriggation channnels are off various siizes, the
has stated abo out Kumb Vivah thhat,
136 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

one, whiich is smalller than kuul is known as observed. Naullas were connsidered com mmunity
‘baul’. A boulder pllaced at the outlet contrrols propperty and thhe villagers revered
r theirr naulas.
flow of water. Therre is also ann outlet at the t past nauula water waas treated with amla
In the
lower end of the field, which alllows the exccess andd neem leavees. As the coonstruction ofo naulas
water to flow on to o the lowerr terraces frrom wass considered prestigious,, these structtures can
where it ultimately drains back to the streaam. be found in ancient
a wns, in and outside
tow
Sometim mes the flo ow water in i the gul is villaages and onn important roads.
r Somee naullas
obstructeed by a bouulder or hardd rock. In that
t are emblazoneed with inttricate archhitectural
case the peeled
p bark of a bananaa tree is usedd as desiigns. At tim
mes they are massive
m in size
s with
a water carrier or itt is channelized throughh a raised platform for both batthing and waashing.
wooden pipe.
p For maintainingg water tabble, providinng shade
Naula- They
T are designed to colllect water frrom andd fruit to thee people as well
w as bird life and
subterrannean springs. The flow of o these sprinngs to pay
p reverence to water, treest like oakk, kharik
is very sensitive and a can be disturbed by (Ceeltis australiss), siling (O
Osmanthis frragrans),
seismic activity and d human disturbance.
d In peeppal (Ficuss religiosaa), bargad (Ficus
Dwarahaat during su urvey it was
w found that
t benggalensis), tiimil (Ficus patmala), dudhaila
d
several naulas
n like Khulkuda or o Kholibhiitar (Ficcus memolarris), padam (Prunus cerrasodus),
have driied up owing to the tremor of the amlla (Emblicaa officinaliis), shatut (Morus
Uttarkashhi earthquak ke. Naulas arre sited mosstly alblla) and utis (Alnus nepaalensis) weree planted
on the hill
h slopes in the Lessser Himalayyan arouund and in close proxiimity to thee naulas.
region off Kumaun. TheyT are covvered reservooirs Thee people were aware thhat all formss of life,
and havee been con nstructed by ex-rulers and a humman, animal,, plant and micro-organ
m isms are
exhibit masterpiecee architecttural featurres. so closely inteerlinked witth one anotther that
Some of o the nau ulas like the Ek-hatia, distturbance in one gives riser to imbaalance in
Baleshwaar naulas in n Champaw wat are famoous otheers.
for its arcchitectural sp
plendours. Dhaara- It is a common source of drinking
The nauulas have a common design. Thhey watter and can be comparred with a drinking
consist of
o a tank thaat is closed on three sides watter fountainn. Dharas area located both in
and coveered. The fo ourth side, which
w is oppen, mouuntain crestss and valleyys. They are popular
has stepss that lead do
own to the tank.
t There isi a in townships
t a
also. In Naiini Tal itsellf, Parda
pillared verandah
v aro
ound them with
w engraviing. Dhaara and Sipphai Dhara are used as public
Animals are not peermitted to enter and the bathhs and peopple collect drinking
d watter from
system isi so design ned that thee users do not Chuuna Dhara, Tunestein
T Haall Dhara, Hanuman
H
contaminnate the so ource. All the water is Garrhi road Dhara,
D Mottapani Dhaara and
considereed sacred, even
e to this day the baasic Guffamahadeo Dhara
D etc. In dharas also,
a the
rules off sanitation and hygienne are mosstly pracctice of plaanting trees was in voogue for
sym
mbolizing the sanctity of o water. Thhe water
137 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

from a spring or a subterrannean source is Chu uptaula- Thhey are basiccally water holes
h for
channeleed through a carved ouutlet. The lattter animmals and aree sited mosttly in high altitudes
are oftenn in the shap
pe of a pipee or figuress of for use of graziiers. They are
a not permmanent in
animals. The most common
c onees are the lioons natuure and waater is colleected in theem from
and cowss. spriings or from
m points where water ooozes out
There aree three typess of dharas depending
d uppon m the grounnd. Faunal annd bird life also use
from
their heeights and nature of flow. If an this accumulateed water andd at times thhey serve
individuaal can easily drink waterw from the as an importannt source of o water forr human
dhara in a standing position, thhen it is callled connsumption at high altituddes.
Sirpatia Dhara.
D In an
nother situattion if one hash Khaal- Large deepressions inn mountainoous areas
to bend over
o for drinking water, then
t it is callled are used for rainwater
r haarvesting annd these
Murpatiaa Dhara. Botth these typees of dharas are feattures are callled ‘khals’. Mostly theyy are on
decoratedd with anim mal figures. The third tyype top of ridges inn the saddle between tw wo crests.
of dhara is not peren nnial in natuure. During the At times smalll dug pondss are also used u for
rainy seaason, some wooden sppouts or brooad colllecting rainw
water. Durinng lean periood water
leaves arre stuck in thhe path of a flowing streeam accuumulated inn the khals is used for irrrigation
or a sprring that geets rechargeed during that t purpposes. Whenn discharge of water inn guls is
period. As
A they are temporary in nature, thhey reduuced owing to the searinng heat of suummers,
are calledd Patveedia Dhara.
D thenn water is first
f accumuulated in a khal
k and
Simar- They
T are kn
nown as ‘gajjar’ also. Gaajar subsequently ussed for irrigaation.
is a marsshy tract of land
l in an aggricultural fiield Dhaaan- Water is collected from small and big
and is created by the water table beloow. streams and giiven the shape of a laake. The
Cultivation of high quality cropps like basm mati accuumulated water
w is used
u for domestic
d
rice, meddicinal plantts and herbs are a comm mon anim mals to baathe and itt is also used
u for
feature. The
T medicin nal plants normally groown irriggation.
in it aree two varieeties of braahmi (Centrrala Pree-British Ru
ules related
d with Waater and
asiatica) and (Bacop pa monnieri)). The former is other Natural Resources
R i Kumaun
in
used as a memory tonic,t as di--uretic and for In Kumaun
K irriigated agricuulture was practiced
p
curing leeprosy. The latter is useed as a nervvine sincce ancient times.
t It maay be assum med that
tonic andd in asthmaa and diarrhhea. The otther watter mill techhnology (Gharats) has the t same
medicinaal plants, which
w are congenial for hoaary past. A copper
c plate inscription of 1514
cultivatioon in gajar are
a bach (Accorus calam mus) A.DD. reveals thhe use of waater mills, 5000 years
and hallung (Card damine emp mpatiens). The T ago. Some significant features of the
common use of bach h is in dyseentry, bronchhial indiigenous system which were identtified by
asthma and
a epilepsy and of halunng in ulcer and a Brittish adminisstrators in thhe early 19thh century
colic painn. are as follows:

138 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

1. In prre-colonial period,
p foressts, land eitther authhority of the ruler over lannd was
cultivvated or unccultivated hadh never beeen acknnowledged and the govvernance off natural
measured by former kings for f the purpose resoources waas decentrralized. A local
of determining
d revenue payable to the commmunity hadd the right of o ownershipp, power
kingddom. of managemennt and rigght to use natural
2. Technnically the king had soovereign rigghts resoources. The pattern of useu of resourrces was
over all resourcees (forest, water,
w land etc.) evenn not changeed while givving grants of land or
in hiss kingdom; but
b they werre not subjeccted alteration in tennure relationnship. These changes
to tootal active control by the state for did not interruppt the rural governance. A rural
comm mercial purposes. legaal frameworrk that regulated mannagement
3. Local communitties had fuull access and a andd use of wateer or other natural resourrces was
rightss over forestt resources. demmarcated by customs
c andd traditions.
4. Village as a whole paid revennue dues to the Waater rules an
nd rights in British periiod
state,, and not onn an individdual basis. This
T In British
B periodd, relation between
b the state
s and
gave village com mmunities thet freedom m to the subject wass totally trannsformed, ass well as
budget their expeenditure on local
l needs and
a the use, managgement andd control off natural
conceerns. resoources. Staate sovereiggnty over natural
5. In his
h first yeear as Com mmissioner of resoources incluuding waterr was brougght into
Kumaun, Mr. G.W. G Traill in
i 1816, nooted operation in an extensiive, intrusiive and
that water
w rightss were comm monly held by com
mplete mannner. Besiddes drinkinng and
indivviduals and communitiees with resppect dommestic purpoose, the chieef use of waater was
to drrinking watter, irrigatioon and waater for irrigation and
a a speciaal use in thiis region
mills. wass that of runnning of waater mills (G Gharats).
6. Tradiitions, custo oms and rittuals governned Thee question off water rightts developedd around
the major
m part of
o rural life. The activitties thesse three usess of water annd was exerrcised by
relateed to use of water and itts managemeent, the village coommunity as a a whole, or by
for construction,
c maintenancce, distributtion indiividuals or group
g of indiividuals.
and repair
r of watter bodies; thhe mobilizattion
Thee question of rights vis-à-vis thhe state
of reesources waas part and parcel of the
arouused only with
w the advvent of British rule.
sociaal life of o commuunities. Ruural
Thee significannt changes that were brought
comm munities mainly
m admiinistered evven
about by Britissh administrration in thiis region
resoluution of disputes
d with very little
affeected the usse, managemment and coontrol of
refereence to the state.
s
watter resourcess.
7. Theree was de-cen ntralised judiicial system.
8. Castee assumed a critical rolee in the acccess In British
B period land tennures were changed
to lannd and waterr resources. withh the introduuction of priivate propertty rights,
diluuting the natture of comm mon propertty rights
To sum up, in pre--colonial Kuumaun, norm
mal
139 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

that werre prevailing g earlier. Laand ownership com

mmunities inn matters off determinattion and
was grannted to all castes andd classes, thhus colllection of taxxes and reveenue as well as in the
expandinng the scopee of acquirinng water righhts. resoolution of coonflicts betw
ween individduals and
Communnity co-operation for thhe managem ment com
mmunity.
of water resources hadh to adjustt with the new n By the mid 19thh century cenntralized rulees by the
system of
o property rights
r in lannd. Communnity state governmeent extendeed to the Kumaun K
modes off managemeent were nott recognizedd in regiion. The first state interventioon with
law. Statte interventioon in the liffe of people for indiigenous watter system was w made in i 1842,
the purppose of rev venue admiinistration was w wheen water miills were firsst assessed for rent.
highly intrusive, reaching down d to the This brought about a a baasic change in mill
individuaal cultivatorrs. By the mid-nineteenth righhts. Till thenn it was a priivate propertty of the
century, all cultivatted lands werew measurred, ownner of waater mills who exercised a
village boundaries
b defined
d and village recoords monnopoly use of o water,iv subject
s only to local
prepared. The prreliminary inventory of arraangements. This was transformedd into a
resourcess laid the ground foor active sttate limiited use rigght by licennse granted by state
control over
o natural resources annd finally laand, disccretion. Reservation
R was maade to
forest and water righ hts were indiividualized, the accoommodate thhe local pecuuliarities of the hilly
individuaal placed in n relation too the state for regiion, by enaccting the Schheduled District Act
acquisitioon of rights and paymennts of dues.iii in 1874, undeer which ruules of govvernment
The coloonial rule made territoriial laws, whhich couuld be frameed separatelyy for the arrea. The
included natural reesource mannagement acts a overall tendenccy was towaards extensiive state
common to all. At the t same tim me howeverr, it inteervention in the adminnistration off natural
left personal laws under
u the purview
p of the resoources of thee region.
various religious communities. Natuural t context of revenue administration there
In the
resource managemen nt administrration was not wass straight inttervention off the state inn general
only centtralized, butt it was alsoo separated into life.. In mid 19th centurry the govvernment
different departmen nts, thus breaking the meaasured all aggricultural land,
l the boundaries
traditionaal interlinkaages of lannd, forest and a of villages
v weree demarcatedd and villagee records
water. Colonial
C natu
ural resource managem ment werre also prepared.
p T
The first revenue
laws gavve preceden nce to privvate and sttate settllement waas that of o Gardener and
property rights overr common property
p rigghts Com mmissioner Traill made the next seettlement
and relateed managem ment practicees. in 1816
1 and in 1819 he inttroduced the Patwari
In the eaarly years off British rulee in the regiion, systtem in Kumaun.v This documentatio
d on led to
under thee administraation of the Commission
C ners the control of state
s over naatural resources such
like Traiill, Batten and
a Ramsay, there was an as forest,
f waterr, land etc. The
T centralizzation of
emphasiss on co onsultation with loocal landd, water andd forest rightts has confirrmed the
righhts of state over
o resourcces as well as a rights
140 
 S Reeteshh/Vol. VI [1] 2015/134 – 149
Sah,
of collection of taxess. The Britissh thus adoppted
the policcy of recogn
nizing water rights in orrder
nvestment annd compel the
to ensuree private in
subjects to follow forest, waater and laand
revenue laws.
l Afteer colonial control
In colonnial period d, British administrattion
recognizeed the rule th
hat prior useers had the first
f indiividual rightts. Communnity manageement of
right andd later userss of water could
c only use
u watter resourcees was not included in the
water in such a way as not to haarm the rightt of
earlier user.
u Prior use
u rights foorms the leegal
principlee, both in n custom and in laaw,
underlyinng water rights
r in thhe hills. This
T admministration. In the mid 19th century
doctrine gave recognition to it.. The rationnale
was that in the hills, significantt investmentt of
money anda labour was w necessaary for carvving
out channnels in the mountainside
m e to carry waater
over lonng distance for humann consumptiion.
When anny person orr communityy had invessted
so much labour to do d so, it woould be agaiinst
public poolicy to allo
ow a later usser of waterr to
disturb the rightt accruing from suuch
investmeent. In this process,
p thee state adoppted
judicial functions
f th
hrough centrralized judiccial
system. This
T processs deprived thhe authorityy of
local cusstoms over uses and management
m of
resourcess.
Coloniall impact oveer water ressources
Colonial rule fun ndamentally altered the
relationshhip between
n the state annd subjects. The
T admministration seprated thee measured land of
control, use and managemennt of natuural
resourcess was boug ght into opperation is an
extensivee, intrusivee and com mplete mannner.
Besides drinking and d domestic uses, the chhief
use of water was forr irrigation and
a the runnning
of water mills (ghara ats). The quuestion of waater
rights deeveloped around these three uses of
 
watter and was being
b exerciised by the villagers
v
as a whole or by b individuaals. The queestion of
righhts vis-à-vis the state arose
a only with
w the
advvent of the Brritish rule.
c changes occurredd in land
systtem and com mmunity righhts transform med into
reveenue laws. This
T conditioon still exists in the
pressent scenariio. Coloniall rule intervvened in
the individual life in thee name of revenue
agriicultural lannd in this reggion was measured,
m
bouundaries of villages weere demarcaated and
villaage recordss were preppared. Thesee earlier
recoords helped colonial govvernment to exercise
conntrol over naatural resouurces of thee region.
Rigghts over land, forest and water w of
commmunities werew finisheed and thesse rights
werre directly veested with thhe state.
In thhe mid 19th century, cenntralized govvernance
expanded in thiis region. In 1874 A.D. Kumaun
K
wass brought within thee purview of the
Schheduled District Act of o 1874. With
W this
inteervention, thhe control of
o state overr natural
resoources increaased. The isssues of watter rights
werre closely associated witth the adminnistration
of land
l revenuee. The process of land revenue
the villagers (N
Nap) from thhe unmeasureed waste
landd (Benap) annd forest lannd (Van), whhich was
thenn vested to the Coloniaal governmeent. The
meaasurement and a classificcation of laand, viz-
villaage land (nnap), unmeeasured wasste land
(bennap) and foorest land (van) also classified
c
watter sources asa falling onn privte nap land, on
bennap within village
v bounndaries or ini forest
141 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

areas, thuus defining individual,

i c
community a
and asseessed to rentt since 1842. In 1910 a meeting
state righhts. wass held in Naiinital to reseerve the foreest under
Village rights
r to water were recoorded in villaage conntrol of the revenue depaartment and to make
records of rights, known as Wazib-ul-A Arz rulees for waterr mills (ghaarats) and irrrigation
(Yaaddasst-Halat-Gao on). Local customs
c in the channnels (gulss), which would
w comee under
use of water
w were given
g officiial recognitiion. reseerve forest. In 1911, the areas were w first
Howeverr only rightss to water weere recognizzed, demmarcated annd then traansferred frrom the
but noot manageement pracctices. Loocal conntrol of Patw wari to thee Dividionaal Forest
institutions were no ot given reecognition anda Offi
ficer. But thhe rent of thet gharat was w still
through these
t laws an effort wass made to breeak payyable to the revenue
r authhorities, wheether the
up unified managem ment of lannd and water. ghaarat was insiide a reservved forest orr not. In
Local prrocess of dispute settlem ment was also
a the case of appplication to construct new n guls
affected adversely due to cenntral judiciiary the Deputy Com mmissioner was the sannctioning
system. The Britissh identifieed all natuural authhority, but itt had been agreed
a that when
w an
resourcess as sourcess of revenuee, Their pollicy application for permission to construcct a new
was to earn
e more and
a more prrofit from this t gul through Reserved Forest is under
region. The
T motive to start foorest and laand connsideration, the Depuuty Comm missioner
managem ment wass the same. W
With wouuld ascertain from thee Divisional Forest
documenntation and classification
c n of land, forrest Offi
ficer whetheer he had any objection. The
and water resources were alsoo documentted. Divvisional Foreest Officer hiimself couldd not and
Potable water was not taken under revennue shouuld not givve permissioon for gharaats even
system, because
b it co
ould alienatee the people;; so thouugh they may be entireely within Reserved
R
vi
potable water
w systemm was not toouched. In 19 1 th Forests. Later in 1917, thhe first ruless for the
century there was no direct law to efffect reguulation of water resouurces were framed
traditionaal rights oveer water, buut laws for laand undder the Schheduled Disstrict Act of o 1874.
and forrest manaagement afffected waater Somme of the impportant ruless are as folloows-
managem ment. 1. Sovereign right of sttate over alll water
In the early
e years of the 200th century for resources (TThe beds and water of alla rivers
completee control ov ver water inn Kumaun, the and natural streams andd of all lakess, natural
British enacted
e the Kumaun WaterW Rules in ponds and other collecctions of stiill water
1917. Thhis was the first direct administrattive within the hill tractss of the Kumaun K
interventtion in waterr by the alienn rulers. Division aree the properrty of and suubject to
the control of
o the state)..
Provisions and Im
mpact of Ku
umaun Waater
Rules off 1917 2. Existing riights of users u (priorr rights
The needd for some form of rules was felt for protected); irrigation
i rigghts given prriority.
regulatinng water mills,
m whicch had beeen 3. No water mill
m or irriggation channnel other
than those existing at
a the date of the
142 
 S Reeteshh/Vol. VI [1] 2015/134 – 149
Sah,
cominng into forcce of these rules shall be
consttructed or worked withoout the sancttion
of thhe Collector,, and any mill
m or channnel
whichh having beeen previoussly construccted
and worked hass been disuused duringg a
period of one year
y or morre immediattely
beforre the cominng into forcee of these rulles,
shall be deemed tot be a new mill or channnel
for thhe purposes of
o these rulees.
4. Exceppt drinking
g water, waater for waater
mills or water ch
hannels for irrigation were
w Thee 1917 Watter Rules toook total coontrol of
brougght under direct coontrol of the
goverrnment.
5. The Collector on n an applicaation or repport
madee to him and d after makinng such inquuiry
as hee may deem m necessary,, may sancttion
the coonstruction of
o and presccribe conditioons
for thhe working of a new water mill or
irrigaation channnel or mayy refuse suuch
sancttion.
6. The Collector
C had power to close
c any waater
mill in order too protect irrrigation if he
consiidered it necessaryy. For this t resoolving of dissputes. Thuss through theese rules
comppensation woould be payaable to the mill
m therre was a losss of power of local govvernance
owneer to be depo
osited in addvance with the
Colleector.
7. The Collector wasw empoweered to asssess
waterr mills to rent,
r to checck water mills
m Thee Kumaun Water
thosee functionin
ng without permission, to
impose penalty on water mills,
m to revvise
rent or
o collect ren
nt from wateer mills.
8. All other
o courts and
a officers were debarrred
from taking cog gnizance of any matter or
dispuute in respectt of water.
9. In Kumaun
K Waater Rules of 1917 the
proviisions of Code
C of Civil Proceduure,
 
1908 as exttended to thee Kumaun Division,
D
shall, so farr as they aree applicable and not
inconsistentt with these rules, will apply to
suits institutted under theese rules.
10. In these rulees the local governmentt may by
order direcct a revisiion of thee rental
assessment of all or anny water millls to be
made at suuch periods and in acccordance
with such instructions,
i as they maay deem
necessary.
state over wateer resourcess. Further the t non-
inteerference wiith the cusstoms by thhe state,
whiich was a convention
c i traditionaal Indian
in
jurisprudence wasw overturrned by the Anglo-
Saxxon legal sysstem, by maaking custom m subject
to law and reguulated by it. Moreover the t legal
reguulation of custom waas maximized with
resppect to all functions
f rellating to thee use of
watter resourcees, construcction, mainntenance,
disttribution of water, taxation, defining
offeences, impoosing penaalties, heariing and
over water.
Proovisions andd Impact of
o Kumaun
n Water
Rulles of 1930
W Rules 1917 was modified
m
afteer 13 years inn 1930 as Kumaun
K Watter Rules
of 1930. The main reasoon for fram ming the
Watter Rules of 1930 was thhat in 1917 the
t focus
wass on gharats and rules foor irrigation channels
c
werre not well defined. Suubsequently disputes
regaarding consstruction of irrigation channels
c
became rampannt and therefore it was felt that
irriggation channnels and waater mills shhould be
143 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

separatelly dealt. Th
he main proovisions of the free from off rent.
rules are as follows- 10. If a mill is found to haave been connstructed
1. Goveernment willl raise no objection to the and workedd without saanction, the Deputy
consttruction of new
n irrigatioon channels by Commissionner may ordder it to be stopped
any landholder. Such channnels must not or dismantleed, or may assess it to rent and
reducce or otherwwise injurioously affect an allow it to continue,
c subbject to the payment
p
existiing right off water belonging to anya of penalty of not morre than threee years
otherr property. rental.
2. All disputes
d arising out of the
t workingg of Thee rules of 19930 were subbstantially siimilar to
consttruction of irrrigation channels shall be the rules of 1917 except for the prrovisions
tried exclusively by the revennue courts. relaating to waatermills. The
T proceduure with
3. In Kuumaun Wateer Rule of 19930 water mills
m regaard to applyying for waater mills waas made
(Gharats) and irrrigation channels (Guhhls) morre detailed. Stowell haas reported that an
were given sepaarate status and describbed annnual rent of 8 annas to Rs.
R 3 was leevied on
apparrently. everry mill.
4. With regard to the
t former, provision was w Thee British policy
p withh regard too water
madee to seek th he court’s intervention
i to distturbed the social
s equannimity in Kumaun,
K
establish easamenntry rights i.e.
i to constrruct whiich gave birrth to bickerring and dissensions
h another perrson’s land.viii
channnels through amoong communities. Stow well has poinnted out
thatt disputes inn connectioon with watter mills
5. The District
D Eng
gineer, the Chairman
C of the
usually take thee form of water rights. Disputes
D
District Board anda the Divvisional Forrest
about water became
b commmon, since many
Officcer were giveen powers too object to any a
streams did noot supply neearly enouggh water
irrigaation channeel (ghuls), if it was likelyy to
duriing summerrs for the reqquirement of o all the
damaage a road or public property
p unnder
villaagers that would
w like too utilize it. Another
their charge.
cause of disputte was a viillage that had h been
6. Proviisions relateed to water mills spelt out
irriggated from a stream from formeer times
the procedure
p wiith regards to
t applying for
cleaarly had a prior
p claim tot the waterr against
waterr mills in moore detail.
another villagee higher up the stream m, which
7. Local residents were givenn priority over hithherto had no irrigaation and which
otherr applicants in construuction of new
n subsequently sttarted an irrrigation channnel and
mills. cutss of the waater for the village beloow. The
8. Separrate laws were
w made for irrigattion diffficult situatioon must havve arisen when
w two
channnels of water mills, buut this did not villaages had irrrigation for a long time and the
affectt drinking water.
w villaage sited in the upper reach
r takes to using
9. In theese rules all Dharam Ghharats remainned morre than its old share of water,
w or the supply
of water
w decreaases temporaarily or perm manently.
144 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

Again viillages on opposite

o sidees of a streeam assoociated them mselves witth the proteest over
and bothh taking waater from abbout the saame foreests, which deemed
d so inimical
i to the
t local
place woould be fou und constanntly quarellling needs. The ecoonomy of Kumaun K waas forest
about theeir respectivee supplies. baseed and the colonial foorest policyy, which
prom moted commercial forrestry, depriived the
people of their traditional forest rights. When
The Postt Independeence Scenarrio
the resentment against thesse policies reeached a
The situuation did not
n change even after the
critiical level, people begann to burn thee forests.
independdence. Theree was no change
c in law
l
Inceendiary firess affected abbout 840,0000 hectare
during thhe period 19
930 to 1975. It was onlyy in
of forest durinng 1920-21 and in Juuly 1921
1975 thaat the U.P.. Governmeent decided to
alonne, about 113,400 heectares of reserved
bring in some waterr laws. Thuss, the Kumaaun
foreest in Kumauun Division were
w burnt.
and Garhhwal Water (Collection, Retention and
a
Thee Kumaun and a Garhwall Water (Coollection,
Distributtion) Act 197
75 was passeed in 1975 The
T
Retention and Distribution
D ) Act 1975, made a
Developm ment Centree for Alternnative Policiies,
totaal change inn the legal status
s of waater. All
New Dellhi has colleected the nuumber of coourt
watter sources were brougght under the t state
cases inn Almora District reggarding waater
conntrol and simultaneous
s sly all customary,
disputes, between 19918-1975.
indiividual and communityy rights oveer water
resoources were abolished. Some of thhe direct
Numberr of Disputess by Type: resuults have beeen as followss:
S. No. Type of wateer used Num
mber of dispu
utes
1918-1975 1. Urban areas are beingg given prioority and
1 Water Mills
M 75 rural water sources aree being overr utilized
2 Irrigation ch
hannels 43
3 Drinking Water
W 06 for extensivve supply to towns.
t
Totall 124 2. Total controol of state haas resulted inn lack of
Source:- Deevelopment Cen
ntre for Alternaative Policies,
involvemennt of the loocal commuunity in
New
w Delhi
managemennt. Conseequently several
Outside the
t court sysstem, historiically, recordded
problems haave arisen inn distribution, repair
informatiion in waterr disputes iss not availabble,
and maintennance.
as they belong to informal
i leggal framewoork,
3. Conflicts beetween villaages have inncreased
which coonstitute oraal tradition. The Kumaaun
as the state takes waterr from one village
v to
Water Rules
R of 1917 took cognizance of
another witthout any planning annd prior
disputes relating to water mills and irrigatiion.
survey of thhe capacity of the wateer source
The Kum maun Waterr Rules of 19301 listed the
to be tappedd for anotherr village. In Kumaun
issues under
u disputte that could be brouught
almost all multi-villaage drinkingg water
before thhe courts
schemes aree under dispuute.
The watter disputes stemmed from
f the riight
over loocal resourrces. Soonn the peoople
145 
 S Reeteshh/Vol. VI [1] 2015/134 – 149 
Sah,

4. Thus water legiislation hass joined forrest prefferably be taken on the demaand and
legisllation in excluding people frrom prioorities of the people.
manaagement and d curtailing their
t rights. As Defforestation and
a urban conglomeratiion have
there is no coord dination betw
ween the Forrest led to drying upp of water sources. In Dwarahat
D
Depaartment and other agenncies, the latter wnship in Alm
tow mora district it is said thhat there
overllooks the ro ole of forestts in providding werre about 3600 naulas in the 1900s, but now
vegettal cover forfo the pereennial flow of onlyy about 36 naulas
n have a perennial supply
s of
nd springs. The catchm
riverss, rivulets an ment watter. Rampant deforestatiion and unnnecessary
area treatment and conceept of sprring roadd constructtion in thhe catchmeent area
sancttuaries for the successs of the waater togeether with faulty
f plannning has ledd to this
schemmes has takeen a back seaat. crisis. Again inn the last twot decades in the
Conclusiion catcchment area of the riverr Gaula in Naini
N Tal
The histoory of water regime in Kumaun
K reveeals disttrict, almost 46% of thee springs haave dried
that in the
t pre-Brittish era, a wide range of up and
a almost 60% 6 have beecome seasoonal. The
rights floourished an nd custom gave
g rights of Uttaarakhand Goovernment has h recently reported
ownershiip to watter bodies. Water was w thatt in 2005 tilll May last 121 naturall springs
considereed a comm mon propertty even whhen havve dried up and in 8550 the capaacity has
private rights
r were prevalent. Under
U colonnial dwiindled by 500%. The probblem that thhe people
rule, propprietary righ
hts over water underwennt a are facing todayy in the hillss regarding drinking
completee change. Th he Kumaun Rules of 19917 watter is broadlyy-
and 19300 gave effectt to coloniall policy and the 1. Lack of repaair and mainntenance of pipelines
p
applicatioon of the laatter continuued even affter and storage tanks etc.
independdence throug gh the Act off 1975. This act 2. No conservaation of wateer is taking place.
p
gave efffect to conttemporary states policy of 3. Total neglecct of traditional water resources.
monopolly state control over water
w resourcces.
4. Acute paucity of drinkking water owing
o to
The act disturbed
d th
he social equuanimity of the
insufficient water in thee sources.
region annd water relaated conflictts have becoome
endemic.. 5. Lack of insiight to prommote vegetal cover
c by
the governm ment agenciies to mainttain and
Thus theere has to bee a redefinitiion of rightss to
increase thee water in thee sources annd also to
water reesources. Th he new legiislation shoould
recharge thee springs.
adopt ana integrated natural managem ment
resource approach to o replace the fractured leegal The problem ms that the people
p are facing
f in
policy and
a framew
work that is in force at the State Irrrigation Systtem are-
present. The
T particip pation of thee people shoould 1. The construuction of cannals is of veery poor
be ensurred in prep paration, maaintenance and a quality owinng to whichh the headw works get
operationn of water boodies. New projects
p shoould washed awaay and there is seepage also.
a

146 
 S Reeteshh/Vol. VI [1] 2015/134 – 149
Sah,
2. Canaals are norm
mally construucted on wroong
contoours.
3. Canaals get damaaged due to landslip
l durring
rains or because of dynamitiing during rooad
consttruction.
4. People are not involved in repair and
a Theese catchm ments are not
mainttenance worrks.
5. Insuffficient finan
ncial assistaance from the
state and poor quuality of checck dams, whhich
get washed
w away
y during, rains and damaage
the ghharats downnstream.
6. Gharat headwoorks upstreeam are not
mainttained thaat lead to floodding
downnstream.
The mulltiplicity of agencies reelated to waater
resourcess like Jal Nigam, Jal Saansthan, Minor
Irrigationn, SWAJAL and Soil and Conservattion
Department etc. aree overlappinng each otther
since thhe catchmen nt area andd the area of
operationn is the samee. There is no
n coordinattion
between different deepartments anda most of the
departmeents take adv vantage of thhis situationn. It
is essentiial that all these
t agencies should haave
an integgrated appro oach, both in theory and
practice and the plan nning shouldd be done with
w
the help of
o villagers.
In Uttarrakhand 88% % of the sttate is hillyy in
nature annd more thann 70 % of thee people livee in
the villages and depend on o subsistennce
agricultuure. Basicaally hill agriculture is
biomass based, whicch is mostly obtained frrom
forests. The problem with thee developm ment
strategiess in the hills
h is thatt we are too
compartm mentalized. When wee talk abbout
agricultuure or water, we tend to overlook thheir
linkages with foresttry. Crop prroduction with
w
 
hortticulture, animal
a husbbandry, waater and
foreestry constittute the insseparably inntegrated
com
mponents in hill
h farming..
Most of the forrests in Uttarrakhand are situated
in the
t sensitivee catchment areas of thhe rivers.
n only rich in
bioddiversity, buut they are intertwined
i w our
with
longg-range ecoological secuurity and peerpetuity
of our rivers and glaacier systeems. In
Uttaarakhand thhere are 8 catchmeents, 26
wattersheds, 1116 sub-wattersheds annd 1120
miccro-watersheeds. The treaatment of foorests for
maiintaining the water suupply in rivvers and
spriings shouldd be initiated in thhe sub-
wattersheds andd the smalleest unit, thee micro-
wattershed, shouuld be priorritized. Theyy should
be adopted
a as thhe smallest unit
u of devellopment.
Furtther at the state
s level, a single, ‘W
Watershed
Devvelopment anda Regulatoory Authoritty’ must
be established. The functioon of this authority
a
wouuld be to implement developmeent and
mannagement pllans at the river
r basin leevel and
to empower and involve the watershed w
com
mmunities inn planning annd developm ment.
a
Refferences
Prakkash Chanddra Raka, Jaal Sankat Kaaran and
Niwarann, Yojanna, Publications
Divisionn, Ministry of Informattion and
Broadcaasting, Govvernment off India,
New Deelhi, year - 47, vol.-3, Junne 2002,
pp-13-14
Aniil Agarwal, Sunita
S Narayyan, Dying Wisdom,
W
Centre for Sciencee and Envirronment,
New Deelhi, 1997, p--13
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Ajay S. Rawat, Managing Environmeent, Kumaonn Himalaya,, Indian Jouurnal of

ollege, Nainnital, 2000, P-
Sherwood Co Traditioonal Knowleddge, Vol 8(22), April,
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Ajay S. Rawat,
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Himalaya, Strruggle of the Marginalizzed and Poliicy in Uttaraakhand: Emppowered
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M.P. Joshi, Uttarak
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Badriduttt Pandey, Kumaun ka k Itihas, Sri New Deelhi.
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Almora Book
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Pannal Lal,
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Rawat AAjay and Reetesh
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K
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