Regulation of Water Use for Irrigation

In India, the irrigation policy has traditionally been based on the concept of social welfare. Irrigation projects are designed to provide irrigation water to at least one major crop in a year, serving a large number of land holdings (farmers) as is techno-economically possible. The irrigation projects aim at the removal of poverty, self-reliance in food production, and improvement in the quality of life, particularly in backward regions and weaker groups of society. The Government follows water allocation priorities as: Drinking water; irrigation; hydropower; navigation; and industrial and other uses. A large number of water-related rules, regulations, guidelines, and policies have been formulated by the Central and State Governments. Texts of these documents are available on the websites of the Government(s). In India, the rights to ground water belong to the landowner, since it forms part of the dominant heritage, and the land ownership is governed by the state’s tenancy laws. The Ground Water (Sustainable Management) Bill, 2017, provides guidelines to states to adopt legislation capable of addressing the fast-increasing ground water crisis. Several states have enacted legal acts related to the development, operation, and maintenance of irrigation facilities and farmers’ participation [formation and functioning of Water User Associations (WUAs)] ( Table 21.1 ). The Northern India Canal and Drainage Act, 1873 (Act NO. 8 of 1873), was enacted under the British Rule in India to regulate irrigation, navigation, and drainage in Northern India. The amended act is now applicable in the states of Punjab, Haryana, and Uttar Pradesh. Irrigation Act in Punjab has 75 sections divided into the 11 parts. The desirability of involving farmers in water management has been increasingly advocated over the past several years in the plan documents and at various forums (National Water Policy 1987 & 2002). The legal framework in India provides for the creation of farmers’ organizations at different levels. Organization structure, composition, and functions of three-tier WUAs in irrigation projects in Andhra Pradesh are given as an example. A list of legal acts enacted by various states for the involvement of farmers in irrigation management is given. The law in India, in the context of resolving inter-state water disputes and initiatives in the basin approach within existing provisions of law, is examined. Five inter-state river water tribunals have been constituted under the Inter-State Water Disputes Act 1956 and adjudicated disputes between the co-riparian States on the Cauvery, Krishna, Godavari, Narmada, and Ravi–Beas River systems. Unfortunately, tribunals have no power to act when their awards are not implemented by any of the states. Often, tribunal awards are challenged in the Supreme Court of India. The National Water Board of the National Water Resources Council discussed the need for changing the legal framework in its seventh meeting held on 23.5.1995. Notwithstanding inadequacies in the present legal framework, initiatives in the basin approach have been attempted. The role of various models in basin approach initiatives is briefly explained.