Interstate River Water Disputes Act
When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend the dispute that has arisen between the 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.
Any river water sharing treaty made with other countries, has to be ratified by the Parliament per Article 253 after deciding the share of the Indian riparian states per Article 262 to make the treaty constitutionally valid or enforceable by the judiciary as India follows dualist theory for the implementation of international treaties/laws.
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.
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.
[10] 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, salt export requirement, water quality deterioration, flood control, sustainability of river basin productivity & its ecology, environmental flow requirements, climate change effects, etc.
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.
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.
[25][26] The Vamsadhara tribunal pronounced its final verdict in September 2017 and permitted AP state to construct the side weir at Katragedda and Neradi barrage.
As per Articles 53 & 142 of the constitution, it is the duty of the 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.
[31] In the case of 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.
[32] After nearly 7 years, the KRMB and Godavari River Management Board are notified by the central govt as autonomous bodies and their project-wise functions are stipulated for implementation.
[33] 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.
