Right to water along with right to environment has been recognised by the Supreme Court by accepting the Right to Life. However, beyond this no effort has been made to evolve principles for the allocation of water on individual or community basis. Sofar the allocation of water basin-wise has been adjudicated by different tribunals set upfrom time to timefor a number of river basins. Even after this, however, disputes between neighbouring states have been arising due to various reasons.
This paper discusses the problems with the present system of water allocation between different states through the setting up of tribunals. It suggests an alternative system of water sharing and the assumptions and principles on which this system can be evolved. The proposed principles take into account rainfall zone, population density and the broad nature of land use (urbani rural), considering water availability per head for the year 2050 (when population is likely to have stabilised and also the urban population of approximately 60 per cent is expected to have stabilised). Putting such a system in place will require, on the one hand, setting up of an autonomous public regulatory bodies at multiple levels (from the gramsabha to the river basin level). On the other hand, it will require involving the user communities at the micro or local level, through community based organisations, in the various aspects of planning, design, development and management of water resources.
After discussing the assumptions and suggestedprinciples for the proposed system of water sharing, this paper concludes with a discussion of the advantages of this system over the systemfollowed now. The main advantage will be that water sharing will be based on objective criteria (such as population density, rainfall zone, etc.) and will thus do away with the arbitrariness and inordinate delays associated with various tribunals. Together with the other managerial changes proposed, the new system will lead to greater efficiency of water use and greater responsibility in decisions related to water development projects by all stakeholders.
