Inter-State River Water Disputes Involving Rajasthan

Inter-state river water disputes present a complex legal, geographical, and political challenge in India’s federal framework. Situated in an arid to semi-arid zone with limited perennial surface water resources, Rajasthan depends heavily on inter-state river systems to meet its agricultural, industrial, and domestic water needs. Because the state lies in the downstream or lower-riparian zones for several major rivers, its access to water relies on multi-state agreements, tribunal awards, and inter-state boards. Disputes primarily arise over the interpretation of historical agreements, allocation shares during lean flow years, delayed canal infrastructure construction, and delayed execution of tribunal directives.

Constitutional and Legal Framework

The allocation and regulation of inter-state rivers are governed by specific constitutional provisions and central legislations:

• Entry 17 of State List (Schedule VII): Gives states control over water supplies, irrigation, canals, drainage, embankments, and water storage, subject to Central regulations.
• Entry 56 of Union List (Schedule VII): Empowers the Union Government to regulate and develop inter-state rivers and river valleys to the extent declared by Parliament by law.
• Article 262 of the Constitution: Authorizes Parliament to adjudicate disputes relating to the use, distribution, or control of waters of inter-state rivers or river valleys. It allows Parliament to exclude the jurisdiction of the Supreme Court or any other court over such disputes.
• Inter-State River Water Disputes (ISRWD) Act, 1956: Enacted under Article 262 to set up ad hoc tribunals for resolving disputes when bilateral negotiations fail.
• River Boards Act, 1956: Enacted to advise the Central Government and State Governments on the regulation and development of inter-state rivers, though no independent board has been successfully established under this specific act.

Major River Water Disputes Involving Rajasthan

Ravi-Beas Water Dispute

The dispute originates from the post-partition allocation of the eastern rivers (Ravi, Beas, and Sutlej) under the Indus Waters Treaty of 1960.

• 1955 Allocation Agreement: An agreement convened by the Centre allocated 15.85 Million Acre Feet (MAF) of surplus waters of Ravi and Beas among Punjab (7.20 MAF), Rajasthan (8.00 MAF), and Jammu & Kashmir (0.65 MAF).
• 1981 Agreement: Signed by the Prime Minister and Chief Ministers of Punjab, Haryana, and Rajasthan to re-allocate waters after the reorganization of Punjab in 1966. Rajasthan’s share was fixed at 8.60 MAF out of total surplus waters of 17.17 MAF.
• Eradi Tribunal (1986): Constituted pursuant to the Punjab Accord to adjudicate claims. The tribunal raised the usable surplus water and allocated 8.60 MAF to Rajasthan.
• Core Issue: The non-completion of the Sutlej-Yamuna Link (SYL) canal and the unilateral passage of the Punjab Termination of Agreements Act, 2004 by the Punjab Legislative Assembly created deadlocks in Rajasthan receiving its full allotted quota through the Indira Gandhi Canal system.

Yamuna River Water Dispute

The allocation of Yamuna waters involves five basin states: Uttar Pradesh, Uttarakhand, Haryana, Himachal Pradesh, Delhi, and Rajasthan.

• 1994 Memorandum of Understanding (MoU): A multi-state MoU signed on May 12, 1994, allocated the annual usable surface flow of 11.70 Billion Cubic Meters (BCM) of the Yamuna River. Rajasthan was allocated 1.119 BCM (approx. 0.91 MAF) annually.
• Upper Yamuna River Board (UYRB): Formed in 1995 to regulate and monitor water distribution among member states.
• Core Issue: Rajasthan faces water shortfalls in its northeastern districts (Jhunjhunu, Churu, and Bharatpur). The state seeks its share of Yamuna waters from the Hathnikund Barrage in Haryana via dedicated pipelines or canals. Disputes persist regarding infrastructure funding, canal capacities, and seasonal availability during non-monsoon months.
• Recent Progress: In February 2024, Rajasthan and Haryana signed a Memorandum of Understanding to prepare a Detailed Project Report (DPR) for utilizing Rajasthan’s allocated share of Yamuna water from Hathnikund through pipelines passing through Haryana.

Mahi River Water Dispute

The Mahi River originates in Madhya Pradesh, flows through Rajasthan, and enters Gujarat before discharging into the Gulf of Khambhat.

• 1966 Agreement: Signed between Rajasthan and Gujarat for the construction of the Bajaj Sagar Dam at Banswara (Rajasthan) and Kadana Dam (Gujarat).
• Key Provision: Under the agreement, the waters of the Mahi River impounded at Bajaj Sagar are reserved for Rajasthan’s upper areas. Once the Narmada canal system reaches Gujarat’s irrigation command areas, Gujarat is mandated to release 40 TMC (Thousand Million Cubic Feet) of Mahi water back to Rajasthan’s upper areas.
• Core Issue: Rajasthan contends that despite Gujarat receiving Narmada waters via the Sardar Sarovar project, the full intended diversion and reallocation of Mahi waters to southern Rajasthan districts like Dungarpur and Banswara remains unrealized.

Narmada River Water Dispute

Rajasthan is a non-riparian state regarding the main course of the Narmada River, but receives a share of its waters for arid southern districts.

• Narmada Water Disputes Tribunal (NWDT) Award (1979): The tribunal allocated 0.50 MAF out of the total 28 MAF usable flow of the Narmada River to Rajasthan.
• Narmada Canal Project: Rajasthan constructed a 158 km long main canal starting from the Sardar Sarovar Dam in Gujarat to deliver water to the Sanchore block of Jalore and Barmer districts.
• Key Feature: The project pioneered mandatory micro-irrigation (drip and sprinkler systems) over its entire command area to maximize water efficiency. Issues periodically arise regarding maintenance, canal discharge rates at the Gujarat border, and siltation.

Inter-State Water Allocation Matrix

Key Facts for Quick Revision

• Article 262 of the Indian Constitution grants Parliament the sole authority to adjudicate inter-state river disputes and bar the jurisdiction of courts over such matters.
• Entry 17 of the State List covers water supply, irrigation, and canals, while Entry 56 of the Union List covers inter-state river regulation.
• The Inter-State River Water Disputes Act was passed in 1956 to set up specialized tribunals for resolving inter-state water conflicts.
• Rajasthan receives its allocated share of Ravi-Beas waters primarily through the Indira Gandhi Nahar Project (IGNP).
• The 1981 Ravi-Beas Agreement allocated 8.60 MAF of water to Rajasthan out of a total surplus of 17.17 MAF.
• The Eradi Tribunal was set up in 1986 pursuant to the Rajiv-Longowal Accord (Punjab Accord) to verify Ravi-Beas water claims.
• The Upper Yamuna River Board (UYRB) was established in 1995 to oversee the implementation of the 1994 multi-state Yamuna MoU.
• Under the 1994 Yamuna Agreement, Rajasthan’s designated share of water stands at 1.119 BCM annually.
• Rajasthan and Haryana signed an agreement in February 2024 to prepare a DPR for bringing Yamuna water from Hathnikund Barrage to Churu and Jhunjhunu via pipelines.
• The Narmada Water Disputes Tribunal allocated 0.50 MAF of water to Rajasthan in its 1979 final award.
• The Narmada Canal in Rajasthan (Jalore and Barmer) is the first major project in India where micro-irrigation (sprinkler system) was made compulsory.
• The Mahi Bajaj Sagar Dam is located at Banswara, Rajasthan, constructed under the 1966 Rajasthan-Gujarat agreement.