Module: 6 Water Legal and Regulatory Settings
National and International Framework for Water Law; Basic
structure of water law- An overview of water law in India
-Evolution of water law, key features of water law, evolving water
law and policy-Water policy for Irrigation, decentralization and
participation in irrigation management, and the policy measures
proposed to establish water user associations. National level
initiatives for regulation of groundwater, State groundwater laws
and rainwater harvesting.
International Framework for Water Law
The International Framework for Water Law encompasses a set of
principles, agreements, and guidelines designed to govern the
management, allocation, and protection of water resources on a global
scale. It aims to provide a cohesive framework for addressing water-
related challenges, promoting cooperation among nations, and ensuring
equitable access to water for all stakeholders. This framework may
include treaties, conventions, protocols, and other legal instruments
that establish norms and standards for the sustainable use and
conservation of water resources across international boundaries.
International Framework for Water Law
Key guidelines for the International Framework for Water Law typically include:
Equitable Allocation: Ensuring fair distribution of water resources among different
users, regions, and countries, taking into account social, economic, and environmental
factors.
Sustainable Management: Promoting the sustainable use and management of water
resources to meet current needs without compromising the ability of future generations
to meet their own needs.
Cooperation and Collaboration: Encouraging cooperation and collaboration among
riparian states and other stakeholders to address transboundary water issues, resolve
disputes, and implement joint management strategies.
Protection of Ecosystems: Recognizing the intrinsic value of aquatic ecosystems and
establishing measures to protect and restore them, including maintaining water quality,
preserving habitats, and promoting biodiversity.
International Framework for Water Law
Participation and Engagement: Facilitating the participation of all relevant stakeholders,
including local communities, indigenous peoples, and marginalized groups, in decision-making
processes related to water management and governance.
Adaptation to Climate Change: Incorporating measures to adapt to the impacts of climate
change on water resources, such as increasing variability in precipitation patterns, rising
temperatures, and changing hydrological cycles.
Compliance and Enforcement: Establishing mechanisms for monitoring, compliance, and
enforcement to ensure that water-related laws, regulations, and agreements are effectively
implemented and adhered to by all parties involved.
Data Sharing and Information Exchange: Promoting the exchange of data, information, and
expertise among countries and stakeholders to improve water resource management, enhance
decision-making, and build mutual trust and confidence.
Conflict Resolution: Providing mechanisms for the peaceful resolution of disputes over water
resources, including negotiation, mediation, arbitration, and adjudication, with the goal of
preventing conflicts and promoting stability and cooperation.
National Water Policy
National Water Policy is formulated by the Ministry of
Water Resources of the Government of India to govern the
planning and development of water resources and their
optimum utilization. The first National Water Policy was
adopted in September, 1987. It was reviewed and updated
in 2002 and later in 2012.
National Water Policy
The major features are National Water Policy 2012
•The main emphasis is to treat water as economic good which the ministry claims to promote its
conservation and efficient use
•The privatization of water-delivery services
•To ensure access to a minimum quantity of potable water for essential health and hygiene to all
citizens, available within easy reach of the household.
•To curtail subsidy to agricultural electricity users.
•Setting up of Water Regulatory Authority.
•To keep aside a portion of the river flow to meet the ecological needs and to ensure that the low
and high flow releases correspond in time closely to the natural flow regime.
•To give statutory powers to Water Users Associations to maintain the distribution system.
•Project benefited families to bear part of the cost of resettlement & rehabilitation of project
affected families.
•To remove the large disparity between stipulations for water supply in urban areas and in rural
areas.
•To support a National Water Framework Law.
Key features of water law
The principal characteristics of water law in India include:
1) Dual Ownership
2) Federal Structure
3) Riparian Rights
4) Prior Appropriation Doctrine
5) Regulatory Framework:
6) Public Trust Doctrine
7) Community-Based Management
National Water Policy
Recent reforms in India's water law have been driven by following
factors:
Water Scarcity and Pollution: Increasing water scarcity and pollution levels
in many parts of the country have necessitated reforms to enhance water
management practices and ensure sustainable use.
Inter-State Water Disputes: Disputes over the sharing of inter-state rivers,
such as the Cauvery and Krishna rivers, have highlighted the need for a more
robust legal framework and dispute resolution mechanisms.
Climate Change: The impacts of climate change, including altered
precipitation patterns and increased frequency of extreme weather events,
have underscored the importance of adaptive water management strategies.
National Water Policy
Urbanization and Industrialization: Rapid urbanization and industrial
growth have put pressure on water resources, leading to the need for
regulations to prevent overexploitation and pollution.
International Commitments: India's international commitments, such as the
Sustainable Development Goals (SDGs) and international agreements on
climate change, necessitate reforms to align domestic water laws with global
standards and best practices.
Technological Advancements: Advances in technology, such as remote
sensing and Geographic Information Systems (GIS), have enabled more
accurate assessment and monitoring of water resources, driving the need for
updated regulations to incorporate these tools.
National Water Policy
Public Awareness and Advocacy: Increased public awareness of water-related issues,
coupled with advocacy efforts by civil society organizations, has exerted pressure on
policymakers to enact reforms that prioritize equitable access to water and
environmental sustainability.
Increased population
Water availability
Sustainability initiatives
Improved service life
The River-Linking Projects
Human Rights
Social and Environmental Aspects of Water
Overall, recent reforms in India's water law aim to address emerging challenges while
promoting efficient and sustainable water management practices across the country
Decentralization and Participation in Irrigation Management
Decentralization primarily refers to the distribution of authority, responsibility, and decision-
making power from a central/state level to local levels. In the context of irrigation
management, decentralization involves transferring control over water resource management,
infrastructure development, and decision-making processes from central government agencies
to local stakeholders, such as communities, user groups, or regional authorities.
Decentralization aims to empower local actors, leverage local knowledge, and tailor
management practices to the specific needs and conditions of different regions or communities
.
Participation, on the other hand, focuses on the involvement of stakeholders in decision-
making processes. It emphasizes engaging a diverse range of actors, including farmers, water
users, local communities, government agencies, NGOs, and other relevant parties, in the
planning, implementation, and evaluation of irrigation projects and policies. The goal of
participation is to ensure that the voices and perspectives of those affected by irrigation
decisions are heard and considered, leading to more inclusive, equitable, and sustainable
outcomes.
Decentralization and Participation in Irrigation Management
Decentralization can facilitate participation: By devolving decision-making authority
to local levels, decentralization creates opportunities for greater stakeholder
participation in irrigation management.
Participation supports effective decentralization: Active stakeholder participation
helps ensure that decentralized decision-making processes are transparent, accountable,
and responsive to the needs of local communities.
National level initiatives for regulation of groundwater
The Indian government has recognized the importance of regulating groundwater to
address issues of over-extraction, depletion of aquifers, and water scarcity. Over the
years, several initiatives and policies have been implemented to regulate groundwater
usage and promote sustainable management practices. Here are some key initiatives
undertaken by the Indian government:
The National Water Policy (2012)
The National Water Mission (NWM)
The Central Ground Water Board (CGWB)
The Groundwater Management and Regulation Scheme
The National Hydrology Project (NHP)
The Atal Bhujal Yojana (ABHY)
Rainwater Harvesting and Artificial Recharge of Groundwater
State-Level Initiatives