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Transcript of India & its Water Issues
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Presentation on
& her Water Issues
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Presentation Flow
Introduction
Indian EconomyDemographics
Physical features
Water Scenario
Ground Water Issues & Solutions
Institutions, Legal & Regulatory MechanismsInternational
Co-operation
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Mainland CoordinatesLatitudes 8°4' and 37°6' N Longitudes 68°7' and 97°25' E
Land Area: 3,287,263 sq kmLand frontier : 15,200 km. Total coastline 7,516.6 km (incl. mainland, Lakshadweep Islands, and the Andaman & Nicobar Islands)
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Basic Facts
Population: 2005 estimate: 1,103,371,000 (2nd) 2001 census: 1,027,015,248Population Density:329/sq. km (31st) i.e. 852/sq mile
GDP (PPP): 2005 estimate - Total: $3.633 trillion (4th) - Per capita: $3,320 (122nd)
GDP(nominal): 2005 estimate - Total: $771,951 million (12th) - Per capita: $705 (135th)
Languages:Official : 23 incl. Hindi, EnglishIdentified: 844 dialects
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Indian Economy – An Overview• Economic Growth
Sustained economic performance• Average since 1991 6.2%• 2004-05 6.9% • Forecast till 2050 –Goldman Sachs 5 % p.a.
Services account for over 50% of GDPManufacturing sector grew at 9% in 2004-05
• Trade (2004-05)Exports growth 24% in 2004-05 reaching US$80 billionImports growth 35% reaching US$106 billion
• Foreign Exchange Reserve : Over US$ 146 billion
• Mature Capital Markets NSE – 3rd largest, BSE – 5th largest in terms of number of trades
• Well developed banking system
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
GDP GROWTH RATES (%)
6.5 6.14.4
5.84.0
8.56.9
02468
10
1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05
GDP grow th (%)
INDIAN ECONOMY
28.0 23.8 20.527.2
40.6 43.948.9 52.4
32.2 28.1 27.2 27.1
0102030405060
1990-91 1995-96 2000-01 2004-05
Agriculture Industry Services
SERVICES SECTOR GROWTH(AS % of GDP)
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
INDIA’S GDP WILL EXCEED ITALY’S IN 2020, FRANCE’S IN 2025, GERMANY’S IN 2030 AND JAPANS IN 2035
India Italy France Germany Japan China USA2000 469 1078 1311 1875 4176 1078 98252005 604 1236 1489 2011 4427 1724 116972010 929 1337 1622 2212 4601 2998 132712015 1411 1447 1767 2386 4848 4754 147862020 2014 1553 1930 2524 5221 7070 164152025 3174 1625 2095 2604 5567 10213 183402030 4935 1671 2267 2697 5810 14312 208332035 7854 1708 2445 2903 5882 19605 238282040 12367 1788 2668 3147 6039 26439 272292045 18847 1912 2898 3381 6297 34799 309562050 27803 2061 3148 3603 6673 44453 35165
GDP GROWTHGOLDMAN SACHS PROJECTIONS
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
‘Made in India’
• Second most attractive destination for manufacturing – ATKearney’s FDI Confidence Index 2005
• Indian industry equally competitive in a wide range of manufacturing skill-intensive products:
– Apparels, electrical and electronics components; speciality chemicals; pharmaceuticals; etc.
• Automotive components: Major MNC’s & their OEMs sourcing high-quality components from India
– Volvo, GM, GE, Chrysler, Ford, Toyota, Unilever, Clariant, Cummins, Delphi
• Indian companies now having manufacturing presence in multiple countries
– Over 55% of approved outward investment by Indian companies in manufacturing activities
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
FOODGRAIN STOCKS ARE STILL ABOVE THE BUFFER STOCK NORMS
21.8228.91
44.98
32.822.8
01020304050
1998-99 1999-00 2001-02 2002-03 2003-04
Foodgrain stocks (million tons) (end of March)
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
POVERTY LEVEL HAS DECLINED SIGNIFICANTLY IN THE NINETIES
54.9 51.344.5
38.9 36.0
26.119.3
0
10
20
30
40
50
60
1973-74 1977-78 1983 1987-88 1993-94 1999-00 2006-07
Poverty ratio (%)
2006-07 figures are Tenth Plan projections
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
INDIA SCORES HIGHEST IN LOCATIONAL ADVANTAGES FOR BUSINESS PROCESS OUTSOURCING : ATKEARNEY
Cost of labor, management, infrastructure and taxes
Risk, infrastructure, and cultural environment
Size, education,
language, BPO and IT skills of
workforce
Composite index
India 3.4 1.6 2.3 7.3
Canada 1.5 2.6 2.1 6.2
Brazil 3.1 1.8 1.2 6.1
Mexico 3.0 1.9 1.3 6.2
Ireland 1.8 2.5 1.5 5.8
Australia 2.0 2.3 1.4 5.7
Russia 3.1 1.4 1.1 5.6
China 3.1 1.1 1.0 5.2
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
INDIA – IT’S STRENGTHSIndia today has –
A well diversified industrial base which profits from self-reliance in all core industries
A large & sophisticated financial architecture. The robust capital markets today have over 9000 listed companies and boast of a massive market capitalization
A healthy GDP composition with agriculture contributing 22%, Industry 22% and services, which have gone strength to strength, accounting for 56% of the GDP
An acknowledged strength in knowledge driven industries like information technology, biotechnology, pharmaceuticals, entertainment software etc
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
ADVANTAGE INDIASize of Domestic Market
- 1.1 billion population
- Estimated Number of Households by Income Groups (Based on 1999-2000 prices)
o Middle (Rs 80,000 – Rs 1,20,000): 27.3 Million o Upper Middle (Rs 1,20,000 – Rs 1,60,000): 12.5 Million o High (Above Rs 1,60,000): 12.2 Million
- Size of the market at Purchasing Power Parity (PPP) – US$ 1.5 trillion
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
INDIAN ECONOMY SCORECARDPARAMETER POSITION
FOREX RESERVES STRONGCURRENT ACCOUNT STRONG
EXTERNAL DEBT STRONGSERVICE SECTOR GROWTH STRONG
INFLATION GOODOVERALL GDP GOOD
INDUSTRIAL GROWTH COMFORTABLESAVINGS COMFORTABLE
FDI COMFORTABLENEW INVESTMENTS COMFORTABLE
AGRICULTURAL GROWTH STILL A CONCERNINTERNAL DEBT STILL A CONCERNFISCAL DEFICIT STILL A CONCERN
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
AS per 2001 CensusPopulation: 1,027,015,248Avg. Annual Population Growth Rate: 1.93 % (1991-2001) Birth Rate (Crude): 24.8 Death Rate (Crude): 8.9 Sex Ratio (Female: Male) : 933 Life Expectancy Rate: (As of Sep 2005) 63.9 years (Males); 66.9 years (Females)
Ethnic Groups: Australoid, Mongoloid, Europoid, Caucasian, and Negroid Religions:
Hindus : 80.5 % Muslims: 13.4%, followed by Christians, Sikhs, Buddhists, Jains, Jews, Zorastrians and others.
DEMOGRAPHICS
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
PERFORMING ART FORMS
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
INDIA’S DEMOGRAPHIC DIVIDEND TO CONTINUE TILL 2025
36
60
5
33
62
5
30
65
5
27
68
6
25
69
6
25
68
7
0
10
20
30
40
50
60
70
80
0-14 years 15-64 years 65+
2000 2005 2010 2015 2020 2025
% Share of age groups Median age will go up from 21 in 2000 to 26 in 2025
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
GROWTH OF INDIA’S WORKFORCE (20-59 AGE GROUP)
2005 (million)
2050 (million) Growth
(million)India 550 812 263
United States 166 177 11
Japan 75 61 -14
Germany 49 40 -8
34 31 -3
France 34 33 -1
China 768 862 94
United Kingdom
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
LITERACY LEVELS IMPROVEMENTS
18.3
28.334.4
43.5
52.2
65.3
75.0
0
10
20
30
40
50
60
70
80
1951 1961 1971 1981 1991 2001 2005
Literacy levels (%)
2005 Figures are National Literacy Mission TargetsLiteracy:
According to the provisional results of the 2001 census, the literacy rate in the Country stands at 64.84 per cent, 75.26% for males and 53.67% for females
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
ADVANTAGE INDIAHuman Capital Edge
• INDIA hasOver 3 million scientific & technical manpower Stock of over 0.8 million post graduates in scienceOver 1 million graduate engineers0.4 million doctors 0.3 million graduates in agriculture and veterinary sciences
Today India turns out more than 50,000 computer professionals and 360,000 engineering graduates each year
• After US, India is home to largest pool of English speaking scientific manpower
• Five of ten IT centres worldwide possessing SEI-CMM level 5 certification are in India
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Competitive Strengths
Rank out of 102 countries RANK
• Availability of scientist and engineers 3• Quality of management schools 8• State of cluster development 17• Quality of scientific research institutions 20• Technological sophistication 25• Government intervention in corporate investment 34• Quality of educational system 36• Sophistication of financial markets 37• Foreign ownership restrictions 41(Source: World Economic Forum’s ‘Global Competitiveness Report, 2003-04’)
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
MORE THAN A 100 GLOBAL COMPANIES OUTSOURCE R& D FACILITIES
FROM INDIA INCLUDINGIntel Dupont General Electric
Pfizer Daimler Chrysler General Motors
Bell Labs Eli Lily Hekel Loctite
Colgate-Palmolive Emerson Electric Hewlett-Packard
Cummins Delphi Honeywell
Texas Instruments Bell Labs Unilever
Monsanto Eli Lily Whirlpool
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
TOPOGRAPHY
i.The Northern Mountains: - The mighty Himalayan ranges;
ii.The Great Plains: traversed by the Indus and Ganga Brahmaputra river systems. (33% lies in the arid zone of western Rajasthan. The remaining area is mostly fertile plains;
iii.The Central Highlands lies between the Great Plains and the Deccan Plateau;
iv.The Peninsular Plateaus : - Western Ghats, Eastern Ghats, North Deccan Plateau, South Deccan Plateau and Eastern Plateau;
v.The East Coast, a belt of land of about 100-130 km wide, bordering the Bay of Bengal land lying to the east of the Eastern Ghats;
vi.The West Coast - a narrow belt of land of about 10-25 km wide, bordering the Arabian Sea and lying to the west of the Western Ghats, and;
vii.The islands: comprising the coral islands of Lakshadeep in Arabian Sea and Andaman and Nicobar Islands of the Bay of Bengal.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
SOIL Types
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
15 cm
Mawsynram1187.2 cm
(39’)Wettest place
on earth
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Source: Central Water Commission, Govt. of India
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
The World's Water Hotspots
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
About 700 million people in 43 countries live below the water-stress threshold of 1,700 cubic metres per person per year. In 20 years, 3 billion people will live in countries under that threshold. Source: Human Development Report 2006
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
India in a World at Risk
“The major risks India faces are also opportunities for innovation and change, giving an impetus to technological change.
These risks are the loss of freshwater sources, oil peaks, the economic impact of demographics, globalization versus protectionism, climate change and the environment, and HIV/AIDS and TB.
Water is the gravest challenge in India, and different states have nearly started wars over water.”
- P. Chidambaram, Minister of Finance of India.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
INDIA- Water Sector at a Glance
Source: Central Water Commission, Govt of India
Sl # Item Unit
1Estiimated Annual Precipitation (including snowfall) 4000 BCM
2 Geographical Area 328.73 Million Ha3 Population (projected as on 1.3.2005) 1097.1 Million4 Average Annual Potential in Rivers 1869 BCM
5Per capita Water Availability (estimated as on 1.3.2005) 1703.6 cu.m
6 Estimated utilizable water 1122 BCM(i) Surface 690 BCM(ii) Ground 432 BCM
7Per capita Utilizable water (estimated as on 1.3.2005) 1022.7 cu.m
8 Projected Water Demand (BCM) 2000 2025 2050i) Domestic 42 73 102ii) Irrigation 541 910 1072iii) Industry 8 23 63iv) Energy 2 15 130v) Others 41 72 80Total 634 1093 1447
Year
"India has 16% of the world's population, 2.5% of the land mass
and 4% of the world's water resources.”
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
River basins across India
Source: http://www.india-water.com/index.asp
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Source: Central Water Commission, Govt. of India
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Source: Central Ground Water Board
Ground Water Resources
of India
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Ground Water Resource
• Total Annual Ground Water Recharge - 432 BCM
• Net Annual Ground Water Availability - 361 BCM
• Ground water draft - 149.97 BCM
• In-storage ground water reserve - 10812 BCM
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Ground Water Development
Scenario(Dynamic Resource)
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
State wise level of Ground Water Development
>100% - Haryana (112.18%)
85 – 100% - Rajasthan (86.42%) & Punjab (97.66%)
65 – 85% - UT of Daman & Diu (70%).
Negligible – Manipur, Mizoram, Nagaland, Arunachal Pradesh, Sikkim & UT of Andaman and Nicobar.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Statewise availability of GW Resources State Available GW
Resource (BCM/yr)Level of Development (%)
State Available GW Resource (BCM/yr)
Level of Development (%)
A.P 35.29 28.56 Mizoram 1.40 Negligible
Arunachal 1.44 Negligible Nagaland 0.72 Negligible
Assam 24.72 8.75 Orissa 20.00 21.33
Bihar 26.99 46.33 Punjab 18.66 97.66
Chhatisgarh 16.07 5.93 Rajasthan 12.71 86.42
Delhi 0.29 Sikkim 0.07 Negligible
Goa 0.22 8.30 Tamil nadu 26.39 64.43
Gujarat 20.38 55.16 Tripura 0.66 33.43
Haryana 8.53 112.18 U.P. 81.12 46.89
Himachal 0.37 10.72 Uttaranchal 2.70 35.78
J&K 4.43 0.81 West Bengal 23.09 38.19
Jharkhand 6.53 33.13 A&N 0.326 Negligible
Karnataka 16.19 34.60 Chandigarh 0.03
Kerala 7.90 22.17 Dadra & Nagar Haveli 0.042 12.81
M.P 34.82 27.09 Daman & Diu 0.013 70.00
Maharashtra 37.87 37.04 Lakshadweep 0.002
Manipur 3.15 Negligible Pondicherry 0.029
Meghalaya 0.54 3.97 Total 431.886 41.57
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
425
“Over-exploited” where the stage of ground water development exceeds the annual replenish able limit
“Dark” where the stage of ground water development is more than 85%.
673
Assessment Units*• Over exploited: 673• Dark 425• Total 7928
(* Blocks; Taluka; Watershed)
Stage of GW Development
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Problems related to Groundwater Use
Three problems dominate groundwater usedepletion due to overdraft; waterlogging and salinization due mostly to inadequate drainage and insufficient conjunctive use; and pollution due to agricultural, industrial and other human activities
Most common symptom Secular decline in water tables.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Source: IWMI
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Problems related to Groundwater Use
All these problems point to incorrect or Inappropriate land management policies.
Differing types of groundwater problems across the country as per specific geo-hydrological conditions.
Overdraft and Salinity Fluoride contamination Arsenic contamination.Saline ingress into coastal aquifers Alarmingly depleted tables in urban areas Water tables affected in villages Water logging. Salinity Pollution of aquifers
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Impacts of Groundwater Use
• Irrigation Source: Alternate for productive life for farmers with no access to irrigation commands.
• Impaired Regional Agricultural output: According to experts, a quarter of India’s harvest may well be at risk from groundwater depletion.
• Health problems - Groundwater contamination through pollution or over-draft
• Inter Sectoral Conflicts – Groundwater – the contentious bone between competing stakeholders (viz. industry, agriculture, domestic and drinking, rural and urban)
Impacts: Social, economic and political impacts.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Chemical Quality of Ground Water
D isp osa l o fw a s tes , lea c h in g o fse w e r m a te ria ls ,e tc.
D o m estic p o llu t ion
le a ch ing o fn u trie n ts
p e s tic id esfe rtilis e rs
A g ricu ltu ra l po llu t ion
D is p osa l o fe ff lue n ts ins tre am s or
la nd
In d us tria l p o llu tion
Arsenic
Fluoride
Iron
Nitrate
Salinity
G e og e nic con tam ina tion
Q u a lity d e te rio ra t ion
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Ground Water Quality
• Arsenic – parts of West Bengal, U.P., Chhatisgarh• Fluoride – parts of Andhra Pradesh, Assam, Bihar, Gujarat,
Haryana, Karnataka, Kerala, M.P., Chhatisgarh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil nadu, U.P., W.B.
• Salinity – parts of Andhra Pradesh, Bihar, Gujarat, Haryana, Karnataka, Kerala, M.P., Chhatisgarh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil nadu, U.P., NCT Delhi.
• Iron – Assam, Bihar, Orissa, Rajasthan, Tripura, W.B.
It is reported that 216,968 quality-affected habitations wherein the water contains excess of
fluoride, arsenic, iron, salinity and nitrate
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Distribution of Fluoride in Ground Water
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Inland Salinity in Ground Water
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Management Options
• Unplanned development of ground water has resulted in over-exploitation and deterioration of water quality
• Management options available are: Augmenting ground water availability through
artificial recharge Ground water regulation through administrative and
legal measures.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Management Options
• Augmenting ground water reservoirs requires construction of artificial recharge structures Structures are to be scientifically designed depending on
geology, hydrogeology, availability of surface run off, topography,etc.
• The rate of evaporation in India is very high at places and ranges from about 50 cm to more than 300 cm per year.
Hence proper care is to be exercised if the harvesting structure is to store water on the surface.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Sustainability of Ground Water Development
Master Plan for Artificial Recharge to Ground Water in India• Area identified for Artificial Recharge 448760 km2
• Volume of water to be recharged 36453 MCM• Total number of structures proposed 3.925 million
– Rural Areas 225,000– Urban Areas 3.7 million
• Estimated cost INR. 244.63 billion– Rural Areas INR. 198.76 billion– Urban Areas INR. 45.87 billion
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Revival of Traditional WisdomRain Water Harvesting & Water Management Practices
Many water harvesting structures and water conveyance systems specific to the eco-regions and culture has been developed
Harvested rain drops directly from rooftops, collected and stored water in tanks built in their courtyards. From open community lands, collected the rain and stored it in artificial wells.
Harvested monsoon runoff by capturing water from swollen streams during the monsoon season and stored it various forms of water bodies.
Harvested water from flooded rivers
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Source: http://www.rainwaterharvesting.org/Rural/Rural.htm
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
ZingKulNaulaKuhlKhatriApataniZaboCheo-oziihiBamboo-drip irrigation DongsDungsAhar-pyneBengal's Inundation channelsThe Ramtek ModelBaolis
KundsKuisBaorisJhalarasNadiTobasTankasKhadinsVavVirdasTalabSaza kuva JohadsBandhPat
RapatChandela Tank Bundela Tank KatasCheruvuKohli tanks BhandarasPhadKereDighisSurangamKorambuEriOoranisJackwells
Traditional Technologies
Source: http://www.rainwaterharvesting.org/Rural/Traditional.htm
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Zings
Region: Water harvesting structures found in Ladakh.
They are small tanks, in which collects melted glacier water. Essential to the system is the network of guiding channels that brings the water from the glacier to the tank. As glaciers melt during the day, the channels fill up with a trickle that in the afternoon turns into flowing water. The water collects towards the evening, and is used the next day.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Bamboo Drip Irrigation State: Meghalaya
Ingenious system of tapping of stream and springwater by using bamboo pipes to irrigate plantations.
About 18-20 litres of water entering the bamboo pipe system per minute gets transported over several hundred metres and finally gets reduced to 20-80 drops per minute at the site of the plant.
This 200-year-old system is used by the tribal farmers of Khasi and Jaintia hills to drip-irrigate their black pepper cultivation.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Kunds / Kundis
Region / State: Sandier tracts of the Thar Desert in western Rajasthan and some areas in Gujarat
A kund or kundi looks like an upturned cup nestling in a saucer. These structures harvest rainwater for drinking. Essentially a circular underground well, kunds have a saucer-shaped catchment area that gently slopes towards the centre where the well is situated. The sides of the well-pit are covered with (disinfectant) lime and ash. Most pits have a dome-shaped cover, or at least a lid, to protect the water.
Ran SinghChuru Vill.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Baoris / BersState: Community wells, found in Rajasthan, that are used mainly for drinking.
Most of them are very old and were built by banjaras (mobile trading communities) for their drinking water needs. They can hold water for a long time because of almost negligible water evaporation.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Contemporary Technologies
Source: http://www.rainwaterharvesting.org/Rural/Improvised.htm#poly
CheckdamsContour Trenches BundingContour Stone WallGully ControlSub Surface DamsPercolation ponds
Artificial Glaciers NadisPolymer KundisChaukasJaldhar Model Tudum Monga Networking of Farm PondsHorizontal Roughening Filter
Many initiatives where the traditional water harvesting practices have been modified depending upon the domestic and irrigation needs of the local community
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Contemporary Techniques
Artificial GlaciersRegion: Ladakh in Jammu and Kashmir Innovative and Decentralised approaches to water harvesting by Chewang Norphel.
In the cold desert that is Ladakh, the only source of water is met from glaciers. But this comes in late in the summer. It involves channelizing water to the shadow area of a mountain close to a village. After going through metal pipes, the water freezes, creating a glacier close to the village, which is a bonus for farmers as water reaches their fields in spring..
Chewang NorphelLeh, Ladakh
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Administrative measures for regulation of GW development
• Amendment of Building Bye laws
Identified urgent need, in urban areas, for amending building byelaws and making Rain Water Harvesting mandatory. 10 State governments/ UT, viz. Gujarat, Maharashtra, Tamilnadu, Nagaland, Delhi, Karnataka, Kerala, West Bengal, Madhya Pradesh and Union Territory of Daman & Diu have made provision of Roof top rain water harvesting structure in buildings mandatory. Efforts are being made to provide for Roof top rain water harvesting structures in Government buildings in NCT of Delhi.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Ground Water Fallacies / Myths …
Vast resources unexploitedBut … this masks high local and regional variability
Deeper confined aquifers not exploitedBut … highly uneconomical and suspected high mineralization
Electrification has led to easy access to GWBut … huge losses to power sector in India
GW can potentially provide drought and flood bufferingBut … this requires long-term planning and vision
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Way Ahead …..
For efficient management of the resources the following activities are required:
Review provision of free or subsidized power in the agriculture sector. Suitable cost of electricity is to be decided so that no misuse/ over use of power takes place.
People’s participation in watershed development Involvement of Industries Re-cycling of water in Urban areas Non cultivation of water intensive crops in water stressed areas Scientific planning of watershed programme. Mass awareness and Training on efficient use of the resource, its
conservation and recharge
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Way Ahead ….. Need for Integrated Planning for Water resources development
and management , in consideration of long term as well as short term needs.
Need to incorporate environmental, economic and social considerations based on the principles of sustainability.
Integrated ground water development and management plan envisaging rational and efficient utilization of regional ground water system requires
Reliable data base, Modeling tools to describe the regional flow pattern, Proper definition of goals and related criteria and Monitoring network for ground water flow and ground water pumpage.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Present Law on Groundwater
• Source of Groundwater Law:1. Statutory: the Constitution, Central and State laws.2. Common Law
Constitutional Provisions : Two kinds Broad principles Specific Provisions
Broad Principles
Provisions regarding Sustainable and Equitable Use of Resources
for common good and Fundamental duties of the State and Citizens in
relation to the environment
are contained in
Part IV [Directive Principles of State Policy] and Part IV A [Fundamental Duties].
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Art. 38(1) :- Duty of the State to secure a social order for promotion of welfare of the people in which justice, social, economic and political shall inform the institutions of public life.
Art. 48(a) and 51 A (g) - The State as well as the citizens are under a fundamental duty to protect and improve the environment
Art. 39(b)(c) -The State has, in particular, to direct its policy towards securing that (a) the ownership and control of material resources of the community
are so distributed as best to subserve the common good; and
(b) the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
The Directive Principles
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Legislative Powers • List II of Seventh Schedule. The Constitution vests the
States with powers to legislate on water – that is, water supplies, irrigation, canals, drainage, embankments, water storage and water power.
Specific Provisions
• Vesting of legislative powers • Fundamental Rights.
• Article 252 - Parliament is given the power to legislate for two or more States on matters falling under the State list, if the States so desire, and resolutions are passed to that effect by all the legislatures of the requesting States.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Fundamental Rights
Articles 14 and 21:- Fundamental rights to equality, life and personal liberty
Courts have recognized that:The right to clean and safe water is an aspect of the right to lifeThis right can be affected by actions that adversely affect the availability of groundwater supplies.
However, judgements of the Courts do not reflect the day to-day practice in the exercise of rights, but constitute a final recourse to protect or uphold rights, through specific litigious action, case by case.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Statutory Law
Two main central statutes are involved. Indian Easements Act, 1882 Transfer of Property Act, 1882.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
• Indian Easements Act, 1882: – allows private rights to use a resource that is,
groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property.
A fundamental issue in ground water legislation - nature of right in groundwater. The Indian Easements Act, 1882, right to groundwater is described, not as an easement as is incorrectly generally interpreted, but as a right attached to land which may be restricted by easements.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
State Law, Customary Law
• The right to groundwater as an inalienable part of the right to land is supported both by custom as well as State law in India.
• In customary practice, landowners generally regard wells as
‘theirs’ and view others as having no rights to restrict or otherwise control their rights to extract water
• Statutes that declare State sovereignty over all water sources by vesting their ownership in the State - such as Land Acts and Irrigation Acts – exclude groundwater by omitting mention of it.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Ownership of Ground Water …. ???
• Existing Irrigation Acts for instance do not define ownership of sub-surface or groundwater.
• Land Acts - refer to all water sources except groundwater. viz. Madras Land Encroachments Act of 1905, Maharashtra Land Revenue Code 1966, Madhya Pradesh Land Revenue Code 1959, and Orissa Prevention of Land Encroachment Act, 1972
• These Acts list all sources in which the Government’s right of property exists, excluding when they are the private property of persons. Ground water is not explicitly mentioned.
• In Orissa, rights to ground water, either of persons or Government, were not, until 1993, defined under any legislation. Amendment of the Irrigation Act- “sub-soil water“ included in the definition of “Government Water Source” and declared to be the property of Government. This amendment, however, is currently under challenge before courts of law.
In short, the State-level Land and Water legislation do not define rights to groundwater, thereby leaving it in the realm of Common Law Doctrine. Rights in groundwater are absolute, protected implicitly by irrigation and land laws in the country
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Common Law
• The general rights structure related to groundwater extraction derives from English Common law and is applicable in India as well.
Classic Cases often referred:1. Acton v. Blundell and
2. Chasemore v. Richards have settled the law in regard to natural rights to underground water
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
• Right to Property, though a fundamental right, can be reasonably restricted in the interest of the public.
• Easements cannot be interfered with generally. Only in specific situations, where there is a government project for instance, easements can be suspended.
• Groundwater is a property right, not an easement. It can
be generally controlled by legislation, in the interest of sustainability and equity.
• However, this has not been done.
Implications ….
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Federal legislations linked with Water
1882 - The Easement Act 1897 - The Indian Fisheries Act1956 - The River Boards Act1970 - The Merchant Shipping Act1974 - The Water (Prevention and Control of Pollution) Act1977 - The Water (Prevention and Control of Pollution) Cess Act.1978 - The Water (Prevention and Control of Pollution) Cess Rules1991 - The Coastal Regulation Zone Notification1986 - The Environment (Protection) Act
Source: http://edugreen.teri.res.in/EXPLORE/laws.htm#water
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
• Central Model Groundwater Bill (1970) - more than three decades ago. – Very few states adopted the Bill. – Those which did, failed to implement it.
Earlier Attempts at Groundwater Legislation
•Analysis – Reasons for failure:
1. The neglect in addressing the issue of rights in groundwater in the context of current management problems.
2. The attempt to enforce a centralized regulatory regime on countless millions of private well owners is feared to result in unmanageable complexities.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Legal and Administrative measures
• Constitution of Central Ground Water Authority
– For purpose of control and regulation of ground water development the Central Ground Water Board has been constituted as Central Ground Water Authority in January 1997 under the Environment (Protection) Act 1986.
– Activities of the Authority include monitoring of ground water contamination, registration of agencies involved in construction of wells, registration of persons/agencies engaged in sale and supply of mineral water, clearance to ground water based projects, conducting mass awareness programmes and training in rain water harvesting.
– Central Ground Water Authority has notified 11 areas for ground water regulation and also notified 32 areas for registration of ground water abstraction structures
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Legislations on Control & Development of Ground Water
• Status: – The legislation has been enacted and being implemented,
viz. the states of Andhra Pradesh, Goa, Tamil nadu, Kerala and UT of Lakshadweep, Pondicherry and Chandigarh.
– The states where the bill has been passed but not enacted
are Maharashtra and Gujarat.
– The majority of the states and UT’s have initiated action for preparing the legislations, viz. the states of Assam, Bihar, Haryana, Himachal Pradesh, J&K, Karnataka, Mizoram, Orissa, Punjab, Rajasthan, UP, NCT of Delhi, Jharkhand, Meghalaya, West Bengal and the UT’s of Daman & Diu, Dadra & Nagar Haveli.
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Bill to Regulate and Control the Development and Management of Ground Water, Jan 2005
National Water Policy 2005
In the offing:
Approach and Concept for preparing ZONING ATLAS
Water certification for industries (Voluntary) States gear up to regulate water market (approx
INR 50 billion) Satellite imagery to tap ground water
Govt. Initiatives
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
International Co-operationBilateral Co-operation:
Indus Treaty (Pakistan) w.e.f. 1st Apr. 1960 Mahakali Treaty (Nepal) w.e.f. June 1997 Ganges Treaty (Bangladesh) w.e.f. 12th Dec. 1996 India-China Co-operation (Hydrological Information) w.e.f. 14th Jan. 2002 India-Bhutan Cooperation
International Co-operation:
The Hague Declaration on Environment (11th Mar. 1989) - Signatory International fora like
World Water Council, World Water Forum, Global Water Partnership
International Commission on Irrigation & Drainage (ICID) HQ: New Delhi, India – 24th June 1950.
Currently 88 countries are members of ICID
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
“Man is a complex being: he makes deserts bloom - and lakes die.” ~Gil Stern
Think for a while ……
"It is not what we have that will make us a great nation; it is the way in which we use it." - Dickinson, Dakota Terr. July 4, 1886
“Man has been endowed with reason, with the power to create, so that he can add to what he's been given. But up to now he hasn't been a creator, only a destroyer. Forests keep disappearing, rivers dry up, wild life's become extinct, the climate's ruined and the land grows poorer and uglier every day”. ~Anton Chekhov, Uncle Vanya, 1897
"Conservation means development as much as it does protection. I recognize the right and duty of this generation to develop and use the natural resources of our land; but I do not recognize the right to waste them, or to rob, by wasteful use, the generations that come after us."
- Osawatomie, Kansas, August 31, 1910
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Contact:John ThomasJoint DirectorFICCI - RC&M GroupNew Delhi, INDIAEmail: [email protected]
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA
Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA