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INTER-STATE WATER DISPUTES: A CASE STUDY OF INDIA1
Authors:Sid Gautam
Abstract:ABSTRACT: During the last 27 years of independence, a large number of inter-state water disputes cropped up over the use of rivers. Surprisingly enough, more disputes developed in this short period than in the earlier 200 years of the development of irrigation and so far none of the disputes has been permanently solved. The major rivers of India are all inter-state rivers and this is one of the more important reasons why some of them are not yet fully developed for irrigation or power production. The Union Government has set up, so far, only three tribunals to adjudicate inter-state disputes. But the problems do not end simply by setting up the tribunals. In practice, it has also proved a dilatory process. None of the tribunals has been successful in settling any dispute in the long years of their existence. There is no codified law prescribing rights and the notion of “equity” has come to prevail restraining the upper states from drawing such quantities of water as would injure the interests of the lower states. Though the general principle of equitable apportionment had been advocated many times, in practice each contending state had given this principle an interpretation that suited it. The basic principle would be to harness the rivers not for the benefit of a particular state but for the maximization of agricultural, industrial, and navigational potential in the areas served by the rivers.
Keywords:inter-state rivers  disputes  India  tribunals  equity  politics  river boards
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