Framework for a Law for

Conservation of Rivers

and Water SecurityAnupam Saraph, Ph.D.

state of our rivers

• 6 decades of self-rule, 676 districts

• almost all pristine waterbodies destroyed

• not one district with waterbodies that are not

encroached, polluted or exploited

• government itself has projects to build roads in

rivers, lay sewers in rivers, even buildings in rivers

• rivers have become sewers

database of rivers

• no government department has maps of all major

and minor rivers or even a list of them

• no government department explicitly charged to

list or protect rivers

• no account of perennial streams going seasonal

• no record of draughts or floods associated with

loss of streams

why save our rivers?

• draughts and floods

• climate change

• water security

• food security

• biodiversity

do our rivers matter?

• Article 51A(g) of the Constitution: “it is the

fundamental duty of every Indian to to protect and

improve the natural environment including

forests, lakes, rivers and wild life, and to have

compassion for living creatures”

do our rivers matter?

• Article 262(1) of the Constitution: “the Parliament

to make law to adjudicate dispute or complaint

with respect to the use, distribution or control of

the waters of, or in, any inter-State river or river

valley in accordance with entry 56 on Union List

in the Seventh Schedule allowing for the

regulation and development of inter-State rivers

and river valleys”

do our rivers matter?

• Article 257 of the Constitution: merely treats

rivers as waterways and permits the Union

Government to use them as a means of

communication as part of its functions with

respect to naval, military and air force works in

accordance with entry 24 on the Union List in the

Seventh Schedule allowing shipping and

navigation on inland waterways, declared by

Parliament by law to be national waterways, as

regards mechanically propelled vessels

do our rivers matter?

• Entry 13 in the State List in the Seventh Schedule

allows state governments to legislate on

communications, that is to say, roads, bridges,

ferries, and other means of communication not

specified in List I subject to the provisions in the

Union and Concurrent List.

do our rivers matter?

• Entry 17 in the State List in the Seventh Schedule

permits State governments to deal with water

supplies, irrigation and canals, drainage and

embankments, water storage and water power

subject to the provisions of entry 56 of List I

do our rivers matter?

• Entry 3 in the Eleventh Schedule provides power

and responsibility to panchayats to undertake

minor irrigation, water management and

watershed development.

do our rivers matter?

• Entry 5 in the Twelfth Schedule provides the

power and responsibility to Municipalities to

ensure water supply for domestic, industrial and

commercial purposes

do our rivers matter?

• Article 243ZD (3) (a) (i) of the Constitution requires

a District Planning Committee to consolidate the

plans prepared by panchayats and Municipalities in

the district and prepare a development plan for the

district as a whole and have regard to matters of

common interest between the Panchayats and the

Municipalities including spatial planning, sharing of

water and other physical and natural resources, the

integrated development of infrastructure and

environmental conservation

do our rivers matter?

• Madras River Conservancy Act 1884 provides

powers to a Conservator of Rivers to survey and

prohibit certain activities like cultivation

purpose of a new act

• purpose to protect and conserve rivers

powers required to

accomplish the purpose

• empower local bodies as implied in the 11th and

12th schedule of the constitution to enable area

sabhas or river panchayats

• empower area-sabhas or river panchayats to

protect local parts of river

• empower river parliaments to protect entire river

empowering local bodies

• list and publish maps of all water bodies

• reserve and protect all water bodies

• prohibit the growth of the water block beyond its water

carrying capacity, and its natural capacity to absorb

pollution free effluents from treatment processes or plants

• undertake and publish an social audit of all water bodies

• report on all action taken to free water bodies from

violations, aggression, pollution or exploitation within each

water block

empowering river panchayat

• powers to ensure the biological, ecological and hydrological integrity of the

waterbody

• resolutions of the Panchayat on ensuring the integrity of the waterbody must be

binding on the Local Authority

• ensure that no person is deprived of water access or permitted any privilege

beyond that permissible

• maintain a record of the users with access to the waterbody and any complaints

received about access or other violations

• maintain a record of the water withdrawal rate by the block

• audit that documents the aggression on the waterbody and waterfront, the

pollution through any discharge into the waterbody and restrictions, if any, on

drawing water, flora or fauna from the waterbody

empowering the parliament

• represent each Water Block of the waterbody and exercise all such powers to

maintain the biological, ecological and hydrological integrity of the watercourse

• prohibit all activity that alters the natural flow or poses any threat to the

biological, ecological or hydrological integrity of any waterbody or be an aquifer

interference activity

• ensure water bodies are able to flow naturally, unconstrained and without

pollution, building walls, fences, barricades, channels, buildings, sheds of

temporary or permanent nature within any water body or waterfront must be

prohibited

• laying pipes, cables, or any other construction in any water body or waterfront,

undertaking industrial activities, intensive farming, mining, dumping, or roads

must be prohibited; as must the release any substances, sewage, sullage, and

effluents that contaminate any waterbody.

safe activities

• rainwater release into water bodies or waterfronts

provided it is released through open streams

• conservation activities and afforestation with

indigenous trees on waterfronts where no trees

exist

• seasonal fishing and organic farming

• sustainable withdrawal for each water block

unsafe activities

• construction, laying pipes or cables

• dumping, storage, mining

• industrial activities

• release of effluents

• activities that threaten the biological, ecological or

hydrological integrity

draft acts to enable purpose

• union framework act for conservation of rivers

• state act for water security