1|Page Inter-state water disputes
Topic: Inter-state water disputes
Submitted by: Gayathri Praharshitha K
SAP ID: 81021319023
Submitted to: Prof. Sridip Nambiar
SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD
2|Page Inter-state water disputes
Synopsis
India is a country with no less than 16 major rivers. Owing to India's porous borders,
many of these flow into neighbouring countries and have been the source of long-
standing disputes between the nations in which they end their course.
"In India, water disputes have always been a contentious issue. The tensions started
from the British colonial rule and progressed with development in India. The Indian
government has been responsible for managing water resources of its states since
independence."
Interstate Water Disputes are a seamless challenge to federal water governance in
India. Rooted in constitutional, historic-geographical, and institutional ambiguities,
they have a tendency to turn into extended conflicts between the states that share river
basins. This paper examines the constitutional complexities, contentious political
federalism, and identity-based electoral political dynamics that fuel ISWDs.
Literature Review
For domestic requirements, food production, livelihoods, power generation, and so
on, all cultures are extremely reliant on the supply of fresh water (Boronkay &
Warren, 2007). However, there are more serious issues that are linked to water
resources, such as climate change, inefficient water use, natural disasters, and
transboundary rivers. Conflicts may arise as a result of these changes (Salman and
Uprety, 2002). This chapter will go over the literature that describes interstate water
disputes in greater detail.
This chapter will delve deeper into the literature to describe inter-state water disputes,
with the case of the Indian Rivers as a case study. The concept of water conflicts,
water agreements, and the impact of water disputes will be discussed in this chapter.
Additionally, this chapter will show how to resolve water issues.
Alagh, Y.K. (2016) Surprisingly, there has been little discussion on the water
framework Bill, considering that water is a critical issue in India’s federal politics.
Chokkakula (2014) mentioned that water is one of the most important natural
resources that has no replacements due to its greater importance in both ecological
and human usage.
SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD
3|Page Inter-state water disputes
Chitale (2014) More than 11% of the world's population does not have access to
improved drinking water sources. Additionally, water is essential for adequate
hygiene, the manufacture of commercial items, and the provision of commercial
services. Water resources that are shared by different communities as well as at
different transnational boundaries are likewise a major source of contention. The
government has the power to decide who is allowed to use the river on a global level.
It is also determined that a growing number of differences, such as commercial
interests, human rights, local and international laws, local variances, and
environmental changes, create challenges in the resolution process, making water
disputes the most common cause. Excessive derivation of river water, which has a
link with multiple countries, is also a key political source of water conflicts.
(D’Souza, 2009) Water could be transferred from its source to its destination by
changing the path, but that would come at a higher environmental, social, and
economic cost. Inefficient water use in agriculture and industry, dirty water supplies,
and inadequate water supply maintenance exacerbate the problems, leading to
scarcity-induced conflicts among rural people, the poor, and the young.
(Iyer, 2009) Water conflicts are mostly caused by disparities in water users' interests,
a scarcity of water supply, and a larger unmet demand for water. Water issues are
further exacerbated by the government's modifications in laws and rights.
(Samaddar, 2007) It has long been acknowledged that water disputes are primarily
caused by divergent interests among water users and the general public. Water is one
of the most important elements for human activity and life, and its quality and
availability are intimately related.
(Indian Irrigation Commission, 2003) Water security is a concept that examines all
threats in order to implement a safer and more sustainable use of water as a result of
the pressure exerted on water resources by manmade and natural resources, either due
to an excess of water in an unnatural manner, such as inundation or floods, or in the
absence of which causes contamination and drought.
(Kaviraj, 2000) The unequal distribution of water, as well as its extremely
unpredictable availability from one season to the next, makes it difficult for humans to
capture for personal use.
SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD
4|Page Inter-state water disputes
Water conflict is a term that describes a dispute that exists between countries, states,
or a specific entity that is responsible for managing water resources.
(Gulhati, 2000) Water conflicts have primarily occurred between users who are
unable to access water supplies owing to scarcity, which is especially prevalent in
rural areas. Water security is a term that defines a population's ability to ensure access
to sufficient water quantity in an acceptable quality for economic, human, and
environmental well-being.
Ashok Swain (1998) The rapid growth of rural and urban demands for fresh water has
made this finite resource increasingly scarce in India. The current management of the
country's water resources is poor, and attempts at exploiting India's river resources
through large and expensive projects largely have failed. At the root of the problem is
the fact that all of the country's main river basins are to be found across more than one
state. The sharing of their waters has become highly politicised, leading to a number
of acrimonious and sometimes violent inter‐state disputes. Unless the country's water
scarcity problems are addressed by a national water management policy, India's
development and even unity will be severely affected.
Research Questions
This is an informative article about the inter-state water disputes in India.
It discusses:
1. Why these conflicts are unique to this nation?
2. How they started? and
3. How they have continued through time?
This article also goes onto discuss:
4. What is the legal apparatus for resolution of these disputes?
5. Why there isn't a clear solution to these problems?
As well as some other factors that can contribute towards them occurring such as
inadequate infrastructure or population growths that place strain on natural resources.
SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD
5|Page Inter-state water disputes
Scope
This article presents a brief study on the Inter-state water disputes in India, the extent
to which India is affected, as well as the fact that it's an issue that affects many states
in a uniform way, some of the notable disputes concerning inter-State rivers have
been resolved, laws and doctrines in relation.
Bibliography
1. Alagh, Y.K. (2016). “A decentralized approach to water disputes”. The Hindu
Business Line
2. Ashok Swain (1998) Fight for the last drop: Inter‐state river disputes in India,
Contemporary South Asia
3. Boronkay, C. & Warren J., 2007. ‘Water Conflicts in the Western United States’.
Studies in Conflict and Terrorism, 20(2)
4. Chitale, M. A., 2014. Development of India’s river basins. International Journal
of Water Resources Development, 8(1)
5. Chokkakula, S., 2014. Interstate water disputes: Perils and prospects of
democratization. Economic & Political Weekly, 12(9)
6. D’Souza, R., 2009. Nation vs peoples: Interstate water disputes in India’s
Supreme Court. New Delhi, Sage. Dispute in South India”. Water Alternatives,
2(3)
7. Gulhati, N., 2000. Development of inter-state rivers: Law and practice in India.
Bombay: Allied Publishers
8. Indian Irrigation Commission, 2003. Report of the Indian irrigation commission,
1901-1903. Kolkata, Office of the Superintendent of Government Printing.
9. Iyer, R., 2009. Water and the laws in India. New Delhi, SAGE
10. Kaviraj, S., 2000. Modernity and politics in India. Daedalus, 129 (1)
11. Salman, S. M. A., and Uprety, K.,2002. Conflict and cooperation on South Asia’s
international rivers: A legal perspective. World Bank Publications.
12. Samaddar, R., 2007. ‘Flowing Waters and the Nationalist Metaphors’. Studies in
Conflict and Terrorism 20(2)
SVKM’S NMIMS SCHOOL OF LAW, HYDERABAD
