View source for Interstate River Water Disputes Act 1956

{{Short description|1956 Act of the Parliament of India}}
{{Use dmy dates|date=January 2014}}
{{Use Indian English|date=January 2014}}
The '''Interstate River Water Disputes Act, 1956''' ('''IRWD Act''') is an [[Act of Parliament|Act]] of the [[Parliament of India]] enacted under [[wikisource:Constitution of India (2020)/Part XI|Article 262]] of [[Constitution of India]] on the eve of [[States Reorganisation Act|reorganization of states]] on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river<ref>{{cite web|url=https://www.mapsofindia.com/maps/india/drainage-river-basin.jpg|title=River basins of India|accessdate=21 October 2012}}</ref> or river valley.<ref name=iraw>{{cite web|url=http://jalshakti-dowr.gov.in/sites/default/files/Act_33_0f_19566693937623.pdf|title=Interstate River Water Disputes Act, 1956 - As modified up to 6th August 2002|publisher=Government of India|accessdate=17 July 2021}}</ref> &nbsp;Article 262 of the [[Indian Constitution]] provides a role for the union government in adjudicating conflicts surrounding interstate rivers that arise among the state/regional governments.<ref>{{cite web|url=http://lawmin.nic.in/olwing/coi/coi-english/coi-indexenglish.htm|title=The Constitution of India|accessdate=21 March 2012|archive-url=https://web.archive.org/web/20120402064301/http://lawmin.nic.in/olwing/coi/coi-english/coi-indexenglish.htm|archive-date=2 April 2012|url-status=dead}}</ref>  &nbsp;This Act has been amended subsequently, with the most recent amendment in 2002. This Act has evolved from the laws which were extant during the [[British Raj]].<ref>{{cite web|url=https://files01.core.ac.uk/download/pdf/234677484.pdff|title=Interstate Water Dispute and Federalism: Governance of Interstate River Water in India|date=2012|accessdate=13 January 2026}}</ref>

River waters use / harnessing is included in [[Federalism in India|states jurisdiction]] (entry 17 of [[state list]], Schedule 7 of Indian Constitution). However, the union government with parliament approval can make laws on regulation and development of interstate rivers and river valleys to the extent such water resources are directly under its control when expedient in the [[public interest]] (entry 56 of [[union list]], Schedule 7 of Indian Constitution). [[Damodar Valley Corporation]], [[NHPC Limited|NHPC]], River Boards Act 1956, etc under the control of the union government, are referable to Entry 56 of the union list.<ref>{{cite web|url=http://www.indiaenvironmentportal.org.in/files/file/Water%20and%20Federalism.pdf|title=Water and federalism: Working with states for water security|accessdate=3 January 2022|archive-date=3 January 2022|archive-url=https://web.archive.org/web/20220103175557/http://www.indiaenvironmentportal.org.in/files/file/Water%20and%20Federalism.pdf|url-status=dead}}</ref> When union government wants to take over an interstate river project under its control by law (as provided in the constitution) from states per entry 56 of the union list, it has to take the approval of the riparian states' legislature assemblies before passing such bill in the Parliament per [[wikisource:Constitution of India (2020)/Part XI|Article 252]] of the constitution. The phrase 'by law' means all the applicable Articles of the Constitution shall be fulfilled/adhered. Otherwise, the rights of the Union per entries 53, 54 and 56 of the Union List are similar to a right given to the Union per the [[concurrent list]]. When public interest is served, [[President of India|President]] may also establish an interstate council as per [[wikisource:Constitution of India (2020)/Part XI|Article 263]] to inquire and recommend the dispute that has arisen between the [[States and union territories of India|states of India]].

IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness the water of an interstate river/ river valley. This act is confined to states of India and not applicable to [[union territories]]. Only concerned state governments are entitled to participate in the tribunal adjudication and non-government entities are not permitted. Section 8 of this Act stipulates that no reference shall be made to a Tribunal of any dispute that may arise regarding any matter which may be referred to arbitration under the River Boards Act, 1956.

==International Rivers Water Sharing Treaties==
Any river water sharing [[treaty]] made with other countries, has to be ratified by the Parliament per [[wikisource:Constitution of India (2020)/Part XI|Article 253]] after deciding the share of the Indian riparian states per [[wikisource:Constitution of India (2020)/Part XI|Article 262]] to make the treaty constitutionally valid or enforceable by the judiciary as India follows [[Monism and dualism in international law|dualist theory]] for the implementation of international treaties/laws. The Indian government has signed [[Indus Waters Treaty]] with Pakistan, [[Sharing the water of the Ganges|Ganga water sharing treaty]] with Bangladesh, etc. without the [[ratification]] by the Parliament and the consent of the concerned riparian states per Article 252. In April 2025, India suspended unilaterally the Indus Waters Treaty while some disputes resolution proceedings of the Court of Arbitration (CoA) or Neutral Expert were ongoing. Implementation of any award rendered by an international tribunal/CoA against India can be challenged in the Indian Courts on the grounds that the treaty is not valid under the constitution of India since it was not formally ratified by the Parliament per Article 253 of the constitution.<ref>{{cite web|url=https://indianexpress.com/article/opinion/indus-waters-treaty-india-boycott-court-of-arbitration-ruling-10120536/lite/|title=On Indus Waters Treaty, why India is right to boycott the ruling of Court of Arbitration|accessdate=11 July 2025}}</ref> In the absence of a treaty [[ratification]] also, obligations of a country under a treaty are binding albeit a country is free to backout from the treaty before its ratification per Article 18a of [[Vienna Convention on the Law of Treaties|VCLT]].<ref>{{cite web |date=1969 |title= Vienna Convention on the Law of Treaties, 1969  |url=https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf |access-date=1 May 2026}}</ref> Once the decision, not to become party to the signed treaty before its ratification per Article 18a of VCLT, is informed to other parties formerly, it is applicable with immediate effect without any notice period. 

{{Infobox legislation  
| short_title      = The Interstate River Water Disputes Act, 1956
| image           = 
| imagesize       = 100
| imagelink       = 
| imagealt        = 
| caption         = 
| long_title       = An Act to provide for the adjudication of disputes relating to waters of inter-State rivers and river valleys.
| citation        = [http://theindianlawyer.in/statutesnbareacts/acts/i90.html Act No. 33 of 1956]
| enacted_by       = [[Parliament of India]]
| date_enacted     = 
| date_assented    = 28 August 1956
| date_signed      = 
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| amendments      = 
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| related         = 
| summary         = 
| keywords        = 
}}

[[File:India rivers and lakes map.svg|thumb|Map of the major rivers in India]]

==Water disputes==
IRWD Act is applicable only to interstate rivers/river valleys. An action of one state should affect the interests of one or more other states. Then only water dispute is deemed to have arisen under IRWD Act (section 3). It can be divided into two independent parts for clarity purpose in understanding the techno-legal application of the IRWD Act.

===Actions of a downstream state affecting the interest of an upstream state===
A downstream state's action can affect the upstream state's interest only in one case. i.e. when a downstream state is building a dam/barrage near its state boundary and submerging the territory of an upstream state on permanent/temporary basis. Other than this action, no other action of a downstream state could affect the upstream state's interest which they have been using for economic, ecological and spiritual/ religious aspects. The meaning of the word ‘interest’ in this context is concern/importance/significance/relevance / consequence of losing the prevailing water use or purpose.

===Actions of an upstream state affecting the interest of a downstream state===
Whereas all the actions of an upstream state to use or control or distribute the water of an interstate river can affect the downstream states in one way or other. The following are some examples but not complete:

#Consuming river water for any beneficial use such as irrigation, drinking water, industrial, recreation, recharging of groundwater, groundwater use, enhanced evaporation losses, enhancing rainwater use efficiency, obstructing non-flood flows of the river, transferring water to outside the river basin, etc. (i.e. any man-made /aided action of converting water into water vapor & losing to the atmosphere by [[evapotranspiration]] / evaporation processes and also transferring river water outside the river basin). This is generally done by constructing water storage reservoirs and subsequently using water for the above purposes.
#Quality of water can also be diminished/altered/ controlled in the action of using water. It would take place by accumulating the [[dissolved load|dissolved salts]] in the remaining water after its use. The dissolved salts content of water increases due to its consumption and also the addition of more salts by anthropogenic activity. Also causing water more silt laden/turbid is a man-made water quality alteration that can be caused by mining and deforestation activities. Bringing water from other river basins for upstream states' use also affects water quality in downstream states.<ref name=keller/>

Generally, river water is transferred to water deficit areas for use after creating the infrastructure for its storage (water reservoirs) and distribution network (canals, pipelines, groundwater charging, etc.). All these acts fall under the river water distribution and control category under IRWD Act. All the above actions of an upstream state are legal causes of water dispute to the downstream states since their existing interests are affected as given below:

* Decrease in water availability:- When an upstream state contemplates water use, it would block the lean season river flows initially by constructing low-cost barrages and tries to store the peak flood waters ultimately by constructing massive water storage reservoirs. In this process, the river flow regime is altered drastically converting it to ephemeral/dry in most of the time except during floods.<ref name=keller>{{cite web|url=https://www.researchgate.net/publication/237403006 |title=River basin development phases and implications of closure |last1=Keller |first1=Jack |last2=Keller |first2=Andrew |last3=Davids |first3=Grant |date=January 1998| accessdate=25 September 2020}}</ref> It also alters the ecology of the river located in downstream states affecting its riverine vegetation and aquatic flora & fauna. Already the delta area of rivers is eroding/shrinking when adequate river water is not reaching the sea. This process of river water harnessing affects the downstream state's interests as they are deprived of constantly available river water which they had been using for their interests. Alternatively, the downstream state needs to store more flood water in reservoirs to cater to the existing water use.
* Deterioration in water quality:- If the water use is 75% of the total available water in the river, the concentration of the dissolved salts in the river water increases by four folds.<ref>{{cite web|url=http://cpcbenvis.nic.in/water_quality_data.html# |title=  Water Quality Database of Indian rivers, MoEF |accessdate=15 September 2016}}</ref> Alteration in river water quality / alkalinity / [[salinity]] effects growth of traditionally cultivated crops as they are not best suitable with the enhanced [[soil alkalinity]] and or [[Soil salinity control|soil salinity]]. They either give a lesser yield or consume more saline water for the same yield.<ref>{{cite web|url=http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/1996/04/01/000009265_3980722171346/Rendered/PDF/multi0page.pdf|title=The new era of water resources management - From 'dry' to 'wet' water savings|author=David Seckler|year=1996|accessdate=7 January 2012}}</ref> Also the aquatic flora & fauna would face survival threat / diminished growth with the enhanced water salinity and or alkalinity. If the river is blocked to reach the Sea (i.e. basin closure) in most of the years, the ecology/fisheries of the surrounding Sea/river mouth area is also affected. Also there is a threat of Sea water ingress into estuaries/delta of the river contaminating groundwater.<ref>{{cite web|url=http://www.iwmi.cgiar.org/Publications/IWMI_Research_Reports/PDF/pub003/REPORT03.PDF|title=Integrated Water Resource Systems: Theory and Policy Implications|author1=Andrew Keller|author2=Jack Keller|author3=David Seckler|accessdate=5 January 2014|archive-date=3 March 2016|archive-url=https://web.archive.org/web/20160303233639/http://www.iwmi.cgiar.org/Publications/IWMI_Research_Reports/PDF/pub003/REPORT03.PDF|url-status=dead}}</ref>

The use or control or distribution of river water in an upstream state is invariably denial of prevailing use/purpose in the downstream state as it is altering the natural flow regime of river water with respect to quantity, quality and time of availability in downstream states. Also [[Banqiao Dam|dam failures]] in upstream states can create flash floods or further dam failures in downstream states causing unprecedented property damage and loss of human lives.<ref>{{cite web|url=http://www.atree.org/sites/default/files/book-chapters/p09%20killada%20et%20al%202012.pdf|title=Agony of Floods: Flood Induced Water Conflicts in {{sic|nolink=y|ln|dia}}|accessdate=8 February 2016|archive-date=3 July 2017|archive-url=https://web.archive.org/web/20170703204756/http://www.atree.org/sites/default/files/book-chapters/p09%20killada%20et%20al%202012.pdf|url-status=dead}}</ref> IRWD Act (section 3) clearly stipulates that mere anticipation of a riparian state actions which can affect other riparian state interests is enough to raise interstate water dispute.

The activities of an upstream state without affecting downstream states' interests are peak flood control measures by impounding the flood waters only (not base flows) in 100% or more capacity storage reservoirs for use without affecting water quality appreciably and the run-off hydropower generation taken up in its territory.

==Constitution of a Tribunal==
Whenever the riparian states are not able to reach amicable agreements on their own in sharing of interstate river waters, section 4 of the IRWD Act provides a dispute resolution process in the form of a Tribunal.<ref>{{cite web|url=http://lkyspp.nus.edu.sg/iwp/wp-content/uploads/sites/3/2013/04/IWP_2011_WP002.pdf|title=RESOLVING INTERSTATE WATER CONFLICTS: &nbsp;A Comparison of the Way India and the United States Address Disputes on Interstate Rivers|author=Daniel SELIGMAN|date=June 2011|pages=28|accessdate=21 March 2012}}</ref>  As per section 5.2 of the Act, the tribunal shall not only adjudicate but also investigate the matters referred to it by the union government and forward a report setting out the facts with its decisions. It implies that the tribunal's responsibility is not limited to [[adjudication]] of issues raised by the concerned states and also the investigation of other aspects which are in the public domain such as water pollution, [[Dissolved load|salt export]] requirement, water quality deterioration, flood control, sustainability of river basin productivity & its ecology, [[environmental flow]] requirements, climate change effects, etc.<ref>"River basin management, UNESCO- IHE, Parts 1 & 2" ([http://www.envirogrids.net/Materials/Other-Videos/Ann-RBM/Online-lec1/] {{Webarchive|url=https://web.archive.org/web/20131212103321/http://www.envirogrids.net/Materials/Other-Videos/Ann-RBM/Online-lec1/|date=12 December 2013}}, [http://www.envirogrids.net/Materials/Other-Videos/Ann-RBM/Online-lec2/] {{Webarchive|url=https://web.archive.org/web/20131212103545/http://www.envirogrids.net/Materials/Other-Videos/Ann-RBM/Online-lec2/|date=12 December 2013}})</ref> When the tribunal final verdict issued based on the deliberations on the draft verdict is accepted by the union government and notified in the official gazette, the verdict becomes law and binding on the states and union government for implementation. In case the constitutional rights of states are ingressed upon by the tribunal award in any manner, the union government is obliged to take the consent of parliament and all riparian states under [[wikisource:Constitution of India (2020)/Part XI|Article 252]] of the constitution before publishing the tribunal awards in the official gazette.<ref>{{cite web |url=http://www.indiaenvironmentportal.org.in/files/file/Water_Framework_18July_2016.pdf |title=Chapter 1, Draft National Water Framework Act, 2016 |accessdate=21 October 2016 |archive-date=28 December 2021 |archive-url=https://web.archive.org/web/20211228184804/http://www.indiaenvironmentportal.org.in/files/file/Water_Framework_18July_2016.pdf |url-status=dead }}</ref> When pronounced in the ambit of IRWD Act and the Indian constitution, the tribunal's verdict after its publication in the official gazette is equivalent to Supreme Court verdict as per section 6 of IRWD Act.

== Amendments ==

A permanent water dispute tribunal, with its members from sitting/retired judges of Supreme Court or High courts (maximum five including chairman and vice chairman) and technical experts (maximum three), is proposed to resolve the growing number of interstate river water disputes expeditiously.<ref>{{cite web|url=http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/187_2019_LS_ENG.pdf |title=Inter-State River Water Disputes (Amendment) Bill 2019 |accessdate=31 July 2019}}</ref><ref>{{cite web|url=http://wrmin.nic.in/writereaddata/NationalWaterPolicy/NWP2012Eng6495132651.pdf|title=Clause 12.2 of National Water Policy (2012)|publisher=Govt. of India, Ministry of Water Resources|accessdate=17 July 2014|archive-date=2 July 2014|archive-url=https://web.archive.org/web/20140702192839/http://wrmin.nic.in/writereaddata/NationalWaterPolicy/NWP2012Eng6495132651.pdf|url-status=dead}}</ref> A tribunal bench shall have one technical expert member and one judicial member with the chairman or vice chairman out of the members of the permanent water dispute tribunal.

Section 5 (2a) of the proposed amendment mandated that the tribunal report shall also prescribe for the distribution of water among the states during distress situations arising from a shortage in river water availability.

The Union government is contemplating bringing a new act in place of the River Boards Act, 1956 which is presently purely an advisory body of the union government. The new bill called "River basin Management Bill" would constitute River Basin Organisations for each interstate river basin with a two-tier structure. The lower tier 'Executive Board' of a river basin is represented by various relevant faculties from each riparian state including the union government. The top tier called the 'Governing Council' of a river basin will have all chief ministers of riparian states as its members to arrive at unanimous decisions. In case of no consensus decision, the dispute would be referred to the tribunal formed under Interstate River Water Disputes Act, 1956.<ref>{{cite web|url=http://www.indiaenvironmentportal.org.in/files/file/RBM_DraftBill.pdf|title=Draft River Basin Management Bill, 2018|publisher=Govt. of India, Ministry of Water Resources|accessdate=26 October 2018|archive-date=26 October 2018|archive-url=https://web.archive.org/web/20181026064627/http://www.indiaenvironmentportal.org.in/files/file/RBM_DraftBill.pdf|url-status=dead}}</ref>

=== Amendment Act of 2002 ===

This amendment (second para of section 4 (1) of the Act) specifically does not permit altering the prevailing tribunal verdicts issued before the year 2002 (i.e. but not the tribunal awards issued after the year 2002).<ref name=iraw/> Thus this amendment bars the tribunals to give any time period/validity for constituting a new tribunal. This is to keep provision to resolve  new water disputes which were not addressed by earlier tribunals/ agreements as and when they surface.

=== Amendment Bill of 2019 ===

'''Inter-State River Water Disputes Amendment Bill, 2019''' : The Inter-State River Water Disputes Amendment Bill was introduced in Lok Sabha on 25 July 2019 by the minister of Jal Shakti. It proposes to amend the Inter-State River Water Disputes Act, 1956. The bill got lapsed since it was not approved in time before electing the new Lok Sabha in 2024.

* Under the Act, a state government may request the central government to refer an inter-state river dispute to a Tribunal for adjudication. If the central government is of the opinion that the dispute cannot be settled through negotiations, it is required to set up a Water Disputes Tribunal for adjudication of the dispute, within a year of receiving such a complaint.  The Bill seeks to replace this mechanism. 
* '''Disputes Resolution Committee:''' Under the Bill, when a state puts in a request regarding any water dispute, the central government will set up a Disputes Resolution Committee (DRC), to resolve the dispute amicably.  The DRC will consist of a Chairperson, and experts with at least 15 years of experience in relevant sectors, to be nominated by the central government.  It will also include one member from each state (at the Joint Secretary level), who is party to the dispute, to be nominated by the concerned state government. 
* The DRC will seek to resolve the dispute through negotiations, within one year (extendable by six months), and submit its report to the central government. If a dispute cannot be settled by the DRC, the central government will refer it to the Inter-State River Water Disputes Tribunal.  Such referral must be made within three months from the receipt of the report from the DRC. 
* '''Tribunal:''' The central government will set up an Inter-State River Water Disputes Tribunal, for the adjudication of water disputes.  This Tribunal can have multiple benches.  All existing Tribunals will be dissolved, and the water disputes pending adjudication before such existing Tribunals will be transferred to the new Tribunal. 
* '''Composition of the Tribunal:''' The Tribunal will consist of a Chairperson, Vice-Chairperson, three judicial members, and three expert members.  They will be appointed by the central government on the recommendation of a Selection Committee.  Each Tribunal Bench will consist of a Chairperson or Vice-Chairperson, a judicial member, and an expert member.  The central government may also appoint two experts serving in the Central Water Engineering Service as assessors to advise the Bench in its proceedings.  The assessor should not be from the state which is a party to the dispute.
* '''Time frames:''' Under the Act, the Tribunal must give its decision within three years, which may be extended by two years.  Under the Bill, the proposed Tribunal must give its decision on the dispute within two years, which may be extended by another year. Under the Act, if the matter is again referred to the Tribunal by a state for further consideration, the Tribunal must submit its report to the central government within a period of one year. This period can be extended by the central government.  The Bill amends this to specify that such extension may be up to a maximum of six months.

==River Boards Act, 1956==
This is an act passed by the Parliament under entry 56 of Union List to form River Boards to advice or recommend states in developing intrastate water resource projects which does not have interstate implications. The scope of IRWD Act (sections 5 and 8) excludes the water projects falling in the purview of the River Boards Act. IRWD Act (section 5) does not permit a tribunal to allocate water to intrastate projects or project wise water allocations. A tribunal can only allocate water to a riparian state in bulk/en masse so that a riparian state can exercise its constitutional right per entry 17 of State List of seventh schedule in utilizing the allocated water resources.

== Dams Safety Act, 2021 ==
Parliament passed the Dams Safety Act, 2021 to monitor the safety of aging dams located on all rivers of India.<ref>{{cite web|url=https://www.indiacode.nic.in/bitstream/123456789/17002/1/A202141.pdf|title= Dam Safety Act, 2021|publisher=Govt. of India |accessdate=13 September 2024}}</ref> As it is covering all the rivers in India instead of interstate rivers, a petition was filed in High Court against such law challenging its constitutional validity.The Act was not passed by law after taking the approval of State legislatures before the bill is passed by the Parliament as required under Article 252.<ref>{{cite web|url=https://www.newindianexpress.com/states/tamil-nadu/2022/jan/12/madras-hc-seeks-govts-reply-to-dmks-dam-act-plea-2405828.html |title= Madras HC seeks govt's reply to DMK's Dam Safety Act plea|date= 11 January 2022|accessdate=13 January 2022}}</ref> The Act makes executive wing of states responsible in implementing the objectives of the Act. This legislation was made by the Parliament per item 56 of the [[Union List]] whose implementation per [[s:Constitution of India (2020)/Part V|Article 73]] and [[s:Constitution of India (2020)/Part VI|162]] is totally under executive powers of the Union and not by the States unless mutually agreed upon per [[s:Constitution of India (2020)/Part XI|Article 258]].<ref>{{cite web|url=https://www.epw.in/journal/2023/8/commentary/dam-safety-act-2021.html |title= The Dam Safety Act, 2021 - Asymmetry in Indian Federalism |date= 24 February 2023 |accessdate=13 September 2024}}</ref><ref>{{cite web|url=https://www.cmr.edu.in/school-of-legal-studies/journal/wp-content/uploads/2022/11/A-CRITICAL-APPRAISAL-OF-THE-DAM-SAFETY-ACT-2021.pdf |title= A Critical Appraisal of the Dam Safety Act, 2021 |accessdate=13 September 2024}}</ref>

==Tribunal awards==

Till now three tribunal awards are notified in official gazette by the Government of India.<ref>{{cite web |url=http://lawmin.nic.in/ncrwc/finalreport/v2b3-6.htm |title=A Background Paper on Article 262 and Inter-State Disputes Relating to Water |publisher=Ministry of Law and Justice |accessdate=13 May 2013 |archive-url=https://web.archive.org/web/20090409234827/http://lawmin.nic.in/ncrwc/finalreport/v2b3-6.htm |archive-date=9 April 2009 |url-status=dead }}</ref> These are water dispute tribunals allocating river water use by the riparian states for Krishna (tribunal 1),<ref name="legal"/> [[Godavari River|Godavari]]<ref name="legal">{{cite web|url=http://cwc.gov.in/main/downloads/legal_instruments_2.pdf|title=Krishna, Narmada & Godavari Water Disputes Tribunal final reports|accessdate=21 March 2014|archive-url=https://web.archive.org/web/20110112113204/http://cwc.gov.in/main/downloads/legal_instruments_2.pdf|archive-date=12 January 2011|url-status=dead}}</ref> and [[Narmada River|Narmada]]<ref name="legal"/> rivers. All these tribunal awards were issued before the year 2002 which cannot be altered by the new tribunals. The tribunals formed on sharing water of [[Ravi River|Ravi]] & Beas rivers, Cauvery / [[Kaveri]] river,<ref>{{cite web|url=https://www.scribd.com/doc/109376331/Vol-v-1580536265|title= The Cauvery water disputes tribunal report, Volume V |year=2007|accessdate=20 October 2012}}</ref> [[Vamsadhara River]],<ref>{{cite web|url=https://www.thehindubusinessline.com/news/states/vamsadhara-project-okayed-with-conditions/article5474710.ece|title= Vamsadhara project okayed with conditions|year=2013|accessdate=20 April 2014}}</ref> Mahadayi / [[Mandovi River]]<ref>{{cite web|url=http://oheraldo.in/News/Main%20Page%20News/Ensure-Mhadei-water-is-not-diverted-Tribunal/87764.html|title=Ensure Mhadei water is not diverted: Tribunal|year=2014|accessdate=20 April 2014|archive-date=21 April 2014|archive-url=https://web.archive.org/web/20140421064416/http://oheraldo.in/News/Main%20Page%20News/Ensure-Mhadei-water-is-not-diverted-Tribunal/87764.html|url-status=dead}}</ref> and [[Krishna River]] ([[Krishna Water Disputes Tribunal|tribunal 2]] ) are either yet to pronounce the verdicts or the issued verdicts are to be accepted by the Government of India.

Ravi and Beas waters tribunal was set up in 1986 and the tribunal has not given its final report even after 38 years.<ref>{{cite web|url=https://timesofindia.indiatimes.com/india/ravi-and-beas-tribunal-gets-another-extension/articleshow/122392849.cms|title=Ravi and Beas Tribunal gets another  extension |access-date=12 July 2025}}</ref>

[[Kaveri River water dispute|Cauvery water disputes tribunal]] order was notified by the GoI on 20 February 2013 and later Supreme Court changed the tribunal order altering water allocations.<ref>{{cite web|url=http://sci.gov.in/supremecourt/2007/11993/11993_2007_Judgement_16-Feb-2018.pdf|title=Supreme Court verdict dated 16 February 2018|access-date=17 February 2018|archive-url=https://web.archive.org/web/20180417132747/http://sci.gov.in/supremecourt/2007/11993/11993_2007_Judgement_16-Feb-2018.pdf|archive-date=17 April 2018|url-status=dead}}</ref><ref>{{cite web|url=https://politicsforindia.com/7-3-center-state-disputes-psir/|title=Center-State Disputes|date=22 July 2024 |accessdate=23 July 2024}}</ref>

The [[Vamsadhara River|Vamsadhara tribunal]] pronounced its final verdict in September 2017 and permitted AP state to construct the side weir at Katragedda and Neradi barrage.<ref>{{cite web|url=http://cwc.gov.in/main/downloads/legalinst-Volume-II.pdf|title=Vamsadhara Water Disputes Tribunal interim and final awards|pages=121,138|year=2017|accessdate=20 February 2017|archive-date=15 November 2017|archive-url=https://web.archive.org/web/20171115235131/http://cwc.gov.in/main/downloads/legalinst-Volume-II.pdf|url-status=dead}}</ref> The Union government  issued the gazette order in 2026 to implement the tribunal award.

In March 2018, [[Mahanadi]] Water Disputes Tribunal is formed under the direction of the Supreme Court to adjudicate water sharing dispute between [[Odisha]] and [[Chhattisgarh]] states.<ref>{{cite web|url=https://www.livelaw.in/justice-khanwilkar-head-mahanadi-water-disputes-tribunal/|title= Justice Khanwilkar To Head Mahanadi Water Disputes Tribunal|date= 12 March 2018|accessdate=13 March 2018}}</ref>

The [[Mandovi River|Mahadayi Water Tribunal]] pronounced its final verdict in August 2018 and permitted Karnataka state to use water outside the basin for drinking water use.<ref>{{cite web |url=http://mowr.gov.in/acts-tribunals/current-inter-state-river-water-disputes-tribunals/mahadayimandovi-river|title=Mahadayi water dispute tribunal report (pages 2693 to 2706, Volume XII)|accessdate=17 August 2018}}</ref> The tribunal has not vacated the stay order on the execution of works by Karnataka till the verdict is notified by a gazette order by the Union.

== Establishment of authorities to implement a tribunal verdict==
Under Section 6A of this Act, central government may frame a scheme or schemes to give effect to the decision of a tribunal. Each scheme has a provision to establish an authority for the implementation of a tribunal verdict. However, every scheme and all its regulations shall be approved by the parliament. When a tribunal verdict, after formally gazetted by the union government, stipulates to establish the verdict implementation authority/board, the same shall be complied by the union government as the tribunal verdict is equal to [[Supreme Court of India|Supreme Court]] verdict. As per [[Wikisource: Constitution of India (2020)/Part V|Articles 53 & 142]] of the constitution, it is the duty of the [[President of India|President]] to enforce the tribunal/supreme court order/verdict without time delay till the Parliament, under Section 6A of this Act, decides against or makes modifications to the already established implementation board/authority.<ref>{{cite web |url= http://www.cwc.gov.in/sites/default/files/KWDT1%20Further%20Report.pdf |title= Page 26, Clause II of Scheme B, Further report of Krishna Water Disputes Tribunal, 1976  |accessdate= 15 July 2021}}</ref>

In the case of the Cauvery River basin, [[supreme court of India|SC]] directed the [[Government of India|GoI]] to set up a temporary Supervisory Committee to implement the tribunal order till the constitution of the Cauvery Management Board by GoI.  GoI established the said temporary Supervisory Committee on 22 May 2013.<ref>{{cite web |url= http://wrmin.nic.in/writereaddata/linkimages/CauveryNotification8849647950.pdf |title= Interim Cauvery water Supervisory committee, Ministry of water resources, GoI |accessdate= 5 July 2013 }}{{Dead link|date=January 2020 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In the case of [[Babli project|Babli barrage]] dispute, SC itself constituted the Supervisory Committee to implement the water sharing agreement between [[Maharashtra]] and [[Andhra Pradesh]] in middle Godavari sub-basin.<ref>{{cite web|url= http://www.indiankanoon.org/doc/160288133/|title= Supreme Court verdict on Babhali project dispute |date=February 2013|accessdate=21 March 2013}}</ref>

After nearly 7 years, the [[Krishna River Management Board|KRMB]] and Godavari River Management Board are notified by the central govt as autonomous bodies and their project-wise functions are stipulated for implementation.<ref>{{cite web |url= http://egazette.nic.in/WriteReadData/2021/228316.pdf |title= Functions of Krishna River Management and Godavari River Management Boards |access-date= 16 July 2021}}</ref> KRMB is applicable under River Boards Act, 1956 and not under IRWD Act. It was not formed by a complaint from a riparian state per IRWD Act or by amending IRWD Act accordingly by a Parliament resolution.  A river boards (KRMB) decisions are avisory in role and not mandatory for implementation by the states.

Water dispute per section 3 of this Act does not include non-implementation/adherence of a tribunal order duly notified by the Union government since an agreement is entirely different from a tribunal/court order. Such water disputes between states attract [[Wikisource: Constitution of India (2020)/Part V|Article 131]] where it is to be adjudicated by the Supreme Court. Since a tribunal order is equivalent to the Supreme Court order, non-implementation of tribunal order amounts to [[Contempt of court in India|contempt of apex court]] punishable under criminal charges. State Governors/President of India are bound to implement a tribunal order in letter and spirit as per [[Wikisource: Constitution of India (2020)/Part V|Article 142]] of the Indian Constitution.

==Data bank and information system==
Under Section 9A of this Act, the central government shall maintain a data bank and information system at the national level for each river basin. State governments shall provide all the data regarding water resources, land, agriculture and matters related thereto as requested by the central government. The central government is also vested with powers to verify the data supplied by the state governments. However, many state governments, e.g., Maharashtra, Chattishgarh, etc have not been furnishing the land use data in their states  (Tables 14 to 16 of Integrated Hydrological Data Book, 2012) and [[Ministry of Water Resources, River Development and Ganga Rejuvenation|Central Water Commission of MoWR]] is not pursuing the matter earnestly to get the data which is vital in water resources planning.<ref>{{cite web|url= http://www.cwc.nic.in/main/downloads/Combined%20Final_HDD_09042012.pdf|title= Integrated Hydrological Data Book, 2012 of Non-classified river basins in India|accessdate= 11 May 2014|archive-url= https://web.archive.org/web/20140520215958/http://www.cwc.nic.in/main/downloads/Combined%20Final_HDD_09042012.pdf|archive-date= 20 May 2014|url-status= dead}}</ref>

== See also ==
{{div col|colwidth=15em}}
* [[The Helsinki Rules on the Uses of the Waters of International Rivers|Helsinki Rules]]
* [[Krishna Water Disputes Tribunal]]
* [[Godavari Water Disputes Tribunal]]
* [[Narmada River|Narmada Water Disputes Tribunal]]
* [[Kaveri River water dispute]]
* [[Water right]]
* [[Water law]]
* [[Environment of India]]
* [[Kalpasar Project]]
* [[Dissolved load|List of rivers by dissolved load]]
* [[Groundwater#India|Ground water in India]]
* [[Indian Rivers Inter-link]]
* [[Irrigation in India]]
* [[List of drainage basins by area]]
* [[List of rivers of India by discharge]]
* [[List of rivers by discharge]]
* [[List of dams and reservoirs in India]]
* [[Pollution of the Ganges]]
* [[National Water Policy]]
* [[Saemangeum Seawall]]
* [[Water scarcity in India]]
* [[Water supply and sanitation in India]]
* [[Water pollution in India]]
{{div col end}}

== External links ==
* [http://www.indiawaterportal.org/sites/indiawaterportal.org/files/water-_towards_a_paradigm_shift_in_the_twelfth_plan_dr_mihir_shah_planning_commission.pdf Water: Towards a Paradigm Shift in the Twelfth Plan, Planning Commission by Mihir Shah] {{Webarchive|url=https://web.archive.org/web/20131111092604/http://www.indiawaterportal.org/sites/indiawaterportal.org/files/water-_towards_a_paradigm_shift_in_the_twelfth_plan_dr_mihir_shah_planning_commission.pdf |date=11 November 2013 }}
* [http://www.iwmi.cgiar.org/Publications/IWMI_Research_Reports/index.aspx IWMI Research report nos # 1, 3, 14, 56, 72, 83, 107, 111, 121, 123, 125 etc.]
* [http://www.whoi.edu/oceanus/viewArticle.do?id=147629 Indian climate change from Harappa period.]

== References ==
{{Reflist}}

[[Category:1956 in the environment]]
[[Category:Inter-state disputes in India]]
[[Category:Acts of the Parliament of India 1956]]
[[Category:Rivers of India|/]]
[[Category:Water disputes in India]]
[[Category:Environmental law in India]]