The Inter-State River Water Disputes are one of the most contiguous issues in the Indian federalism today. In the extreme cases, it may hamper the relationship between the different states. The recent cases of the Cauvery Water Dispute and the Satluj Yamuna Link Canal case are examples.
Water is a State subject as per entry 17 of State List and thus states are empowered to enact legislation on water.
Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
Entry 56 of Union List gives power to the Union Government for the regulation and development of interstate rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
Article 262 of Indian constitution: Constituent Assembly anticipated the emergence of water disputes in future. A specific provision of Article 262 is mentioned in the constitution itself due to the sensitivity of such disputes. Parliament has enacted two laws according to Article 262:
The river boards act 1956
The act to provide for the establishment of River Boards for the regulation and development of inter-state rivers and river valleys empowers the Central Government, on a request received in this behalf from a State Government or otherwise, by notification in the Official Gazette, to establish a River Board for advising the Governments interested in relation to such matters concerning the regulation or development of an inter-State river or river valley or any specified part thereof.
The inter-state water disputes act 1956
If it appears to the Government of any State that a water dispute with the Government of another State has arisen or is likely to arise by reason of the fact that the interests of the State, or of any of the inhabitants thereof, in the waters of an inter-State river or river valley have been, or are likely to be, affected prejudicially it can request the Central Government under Section 3 of the Act to refer the water dispute to a Tribunal for adjudication.
Inter-state River Water Disputes (Amendment) Bill, 2017
(Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Water Resources, River Development and Ganga Rejuvenation, Ms. Uma Bharti, on March 14, 2017. The Bill seeks to amend the Inter-State River Water Disputes Act, 1956.