Transboundary Water Disputes at Interstate and International Borders of India

The rising population and increasing urbanisation coupled with unsustainable water management practices are causing acute water scarcity in India. Agriculture is the biggest water-consuming sector and managing competing demands among agriculture, domestic and industrial sectors is getting more complicated and onerous with time. Escalating supply-side conflicts are further exacerbating the problem situation. The most complex among the supply-side conflicts are the transboundary water disputes between the states, within the country, and at the international borders with the neighbouring countries.

India has continuously witnessed transboundary water disputes since its independence. With the rising demand for water and climate change impacting water availability, amicable resolution of these disputes has surfaced as one of the most pressing challenges for policymakers. Furthermore, due to an increasing trend of water-sharing states and neighbouring countries questioning the provisions of the historically agreed water treaties and compacts, transboundary water disputes have become more problematic in recent times.

The interstate water disputes become more intense and capture bigger news headlines during poor monsoons and drought conditions. The grim side of the picture is a developing perception in the country that even the governments and the apex judiciary are unable to resolve these disputes, and every other forum would simply seem to just pass the time whenever the crisis occurs.

Water in the constitution of India is a State subject, except for the matters relating to regulation and development of interstate rivers which is in the Union list. Almost all major river basins and groundwater aquifers are spread in more than one state in the country. River catchments and groundwater aquifers are hydrogeological entities having no congruity with the administrative and political boundaries. Hence, it is extremely difficult to contain and manage water resources with the political and administrative limits as the management units. This has made water management and regulation a complex process in the country.

Interstate River Water Disputes Act, 1956 provides for the central government to constitute tribunals to resolve these disputes. Eight such tribunals have been formed thus far, most notable among which are — Cauvery Water Disputes Tribunal (Kerala, Karnataka, Tamil Nadu and Puducherry); Ravi and Beas Water Tribunal (Punjab, Haryana and Rajasthan); and Godavari Water Disputes Tribunal (Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Orissa).

The extraction of surface water and groundwater is done within the jurisdictional limits of the state as per the prevalent policy (of the state) regarding the usage of water. But water extraction and other activities in one region impact the availability of water in other areas too. The states in the upper reaches are better positioned to capture more water, consequently reducing its availability to the downstream states. The Cauvery river dispute between Karnataka and Tamil Nadu, with Karnataka in the upstream, which often gives rise to heated political sparring and regional law and order problems is similar. Interstate disputes are rising in numbers, such as the Satluj Yamuna Link (SYL) controversy between Punjab and Haryana, and the dispute between Rajasthan, Haryana and Punjab on Ravi Beas waters.

Groundwater extraction impacts surface water availability, and vice-versa, in a river basin. With increasing water scarcity there is a growing demand from some states to add the quantum of groundwater extracted from the aquifer beneath the shared rivers in calculating the total amount of water used. Until now interstate water sharing is for the surface river flows only. The new methodology will redefine the water balance equation and make mediation over disputes more complicated for decision-makers.

India shares its rivers with several international neighbours including China, Pakistan, Bangladesh, Nepal and Bhutan. Ganga, Brahmaputra and Indus are important river systems which India shares with its neighbours. These river basins are of immense importance for the future socio-economic growth of India. The water-sharing treaties and agreements signed with these countries have become more relevant in times of increasing water crisis and the higher capability of all partner countries to tap the most difficult of the waters from the shared basins.

With time, the geopolitical and economic strength of these countries has also dramatically changed. Such as, China has gained immense economic and diplomatic power in the last few decades making it a difficult partner to negotiate on issues of mutual interests and conflicts. The construction of a large number of storage structures by China upstream of Brahmaputra is a cause of concern both for India and Bangladesh. The 1960 Indus Water Treaty between India and Pakistan has again opened up the conflict, and the Baglihar and Kishanganga projects have come under dispute. India shares 54 rivers with Bangladesh. Disputes with Bangladesh over the Farakka barrage, Hardinge Bridge and Teesta river have remained in news for long. If not resolved amicably the transboundary water disputes are bound to get more severe and difficult to settle.

Resolving transboundary water disputes at interstate and international borders requires urgent and concerted efforts by all stakeholders. The principle for resolving these disputes needs to incorporate the broader perspective of river basin and aquifer level conjunctive water use management.

The fresh negotiations will have to go beyond the historical treaties based on age-old data of precipitation and surface water flows. This becomes more important considering the increasing groundwater withdrawal and alteration in catchment areas which is hugely impacting the river flows. As this exercise would be time-consuming and require professional support, a unified agency at the national level with a strong implementation framework to negotiate interstate water disputes will have a positive impact.

In context to the international water conflicts, the Convention on the Protection and Use of Transboundary Watercourses and International Lakes of the UN Economic Commission for Europe (UNECE) 1992 and the UN Convention on the Law of the Non-Navigational Uses of International Watercourses (UNCIW) 1997 can be the good guiding principles in taking fresh negotiations ahead.

To mutually succeed in negotiations the critical part is to convince people beforehand, and this would require developing trust with them about the sincerity of the governments in addressing the regional and local water security issues first.