Inter-state water disputes are a matter of ongoing debate in India, demanding urgent attention. Underpinning these disputes is the Inter-State River Water Disputes (ISRWD) Act of 1956. The most recent controversy involves the Mahanadi River, with Odisha accusing Chhattisgarh of misleading the Mahanadi Water Disputes Tribunal (MWDT) by releasing water outside monsoon season.
Established in March 2018, the MWDT has been given until December 2025 by the Ministry of Jal Shakti to finalize its report. However, as no inter-state agreement exists between Odisha and Chhattisgarh around Mahanadi basin water allocation, disputes continue to escalate.
The Concern of Odisha
Odisha’s concerns involve Chhattisgarh’s release of water into the Mahanadi River during non-monsoon periods. Chhattisgarh has reportedly opened 20 gates at Kalma Barrage, leading to significant water inflow into Mahanadi’s low catchment area. This reluctance to release water during non-monsoon seasons often leaves the lower catchment of Mahanadi parched. Apart from affecting Rabi crops, this also exacerbates drinking water problems in Odisha. This unannounced release of water raises questions regarding Chhattisgarh’s management of Mahanadi River water.
Inter-State River Disputes in India
Inter-State River Water Disputes have turned into contentious issues impacting Indian federalism. Examples of such disputes include the Krishna Water Dispute, Cauvery Water Dispute, and the Satluj Yamuna Link Canal incident. Despite the constitution of several Inter-State Water Disputes Tribunals, issues persist owing to legal complexities and insufficient mechanisms for resolution.
In the Indian Constitution, Entry 17 of the State List pertains to water – including supply, irrigation, canal, drainage, embankments, water storage, and hydro power. Entry 56 of the Union List empowers the Union Government for regulation and development of inter-state rivers to uphold public interest.
Mechanism for Inter-State River Water Disputes Resolution
The Parliament-led resolution for inter-state river water disputes relies on two key enactments: River Board Act, 1956 and Inter-State Water Dispute Act, 1956. The former empowers the Government of India (GoI) to establish Boards for Interstate Rivers and river valleys in consultation with State Governments. The latter guides the Central Government in resolving matters regarding tribunal constitution by consulting among the aggrieved states.
Challenges with Interstate Water Dispute Tribunals
Prominent challenges with Interstate Water Dispute Tribunals include protracted proceedings, delays in dispute resolution, lack of transparency, absence of multidisciplinary composition, and paucity of acceptable water data. Additionally, the growing nexus between water and politics obscures resolution mechanisms and prompts protracted litigations.
Potential Measures to Resolve Water Disputes
Possible solutions for resolving such disputes include bringing inter-state water disputes under the purview of interstate council formed by the president under article 263, encouraging water use efficiency, establishing a single water management agency for both ground and surface water, and creating a central repository of water data. It also calls for the government to play a more active role in negotiating inter-state water disputes.