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Water Issues in India – by John Thomas, FICCI 14 th Dec. 2006, School of Law, Kansas University, USA Presentation on & her Water Issues

India & its Water Issues

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Page 1: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Presentation on

& her Water Issues

Page 2: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Presentation Flow

Introduction

Indian EconomyDemographics

Physical features

Water Scenario

Ground Water Issues & Solutions

Institutions, Legal & Regulatory MechanismsInternational

Co-operation

Page 3: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Mainland CoordinatesLatitudes 8°4' and 37°6' N Longitudes 68°7' and 97°25' E

Land Area: 3,287,263 sq kmLand frontier : 15,200 km. Total coastline 7,516.6 km (incl. mainland, Lakshadweep Islands, and the Andaman & Nicobar Islands)

Page 4: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Basic Facts

Population: 2005 estimate: 1,103,371,000 (2nd) 2001 census: 1,027,015,248Population Density:329/sq. km (31st) i.e. 852/sq mile

GDP (PPP): 2005 estimate - Total: $3.633 trillion (4th) - Per capita: $3,320 (122nd)

GDP(nominal): 2005 estimate - Total: $771,951 million (12th) - Per capita: $705 (135th)

Languages:Official : 23 incl. Hindi, EnglishIdentified: 844 dialects

Page 5: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Indian Economy – An Overview• Economic Growth

Sustained economic performance• Average since 1991 6.2%• 2004-05 6.9% • Forecast till 2050 –Goldman Sachs 5 % p.a.

Services account for over 50% of GDPManufacturing sector grew at 9% in 2004-05

• Trade (2004-05)Exports growth 24% in 2004-05 reaching US$80 billionImports growth 35% reaching US$106 billion

• Foreign Exchange Reserve : Over US$ 146 billion

• Mature Capital Markets NSE – 3rd largest, BSE – 5th largest in terms of number of trades

• Well developed banking system

Page 6: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

GDP GROWTH RATES (%)

6.5 6.14.4

5.84.0

8.56.9

02468

10

1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05

GDP grow th (%)

INDIAN ECONOMY

28.0 23.8 20.527.2

40.6 43.948.9 52.4

32.2 28.1 27.2 27.1

0102030405060

1990-91 1995-96 2000-01 2004-05

Agriculture Industry Services

SERVICES SECTOR GROWTH(AS % of GDP)

Page 7: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

INDIA’S GDP WILL EXCEED ITALY’S IN 2020, FRANCE’S IN 2025, GERMANY’S IN 2030 AND JAPANS IN 2035

India Italy France Germany Japan China USA2000 469 1078 1311 1875 4176 1078 98252005 604 1236 1489 2011 4427 1724 116972010 929 1337 1622 2212 4601 2998 132712015 1411 1447 1767 2386 4848 4754 147862020 2014 1553 1930 2524 5221 7070 164152025 3174 1625 2095 2604 5567 10213 183402030 4935 1671 2267 2697 5810 14312 208332035 7854 1708 2445 2903 5882 19605 238282040 12367 1788 2668 3147 6039 26439 272292045 18847 1912 2898 3381 6297 34799 309562050 27803 2061 3148 3603 6673 44453 35165

GDP GROWTHGOLDMAN SACHS PROJECTIONS

Page 8: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

‘Made in India’

• Second most attractive destination for manufacturing – ATKearney’s FDI Confidence Index 2005

• Indian industry equally competitive in a wide range of manufacturing skill-intensive products:

– Apparels, electrical and electronics components; speciality chemicals; pharmaceuticals; etc.

• Automotive components: Major MNC’s & their OEMs sourcing high-quality components from India

– Volvo, GM, GE, Chrysler, Ford, Toyota, Unilever, Clariant, Cummins, Delphi

• Indian companies now having manufacturing presence in multiple countries

– Over 55% of approved outward investment by Indian companies in manufacturing activities

Page 9: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

FOODGRAIN STOCKS ARE STILL ABOVE THE BUFFER STOCK NORMS

21.8228.91

44.98

32.822.8

01020304050

1998-99 1999-00 2001-02 2002-03 2003-04

Foodgrain stocks (million tons) (end of March)

Page 10: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

POVERTY LEVEL HAS DECLINED SIGNIFICANTLY IN THE NINETIES

54.9 51.344.5

38.9 36.0

26.119.3

0

10

20

30

40

50

60

1973-74 1977-78 1983 1987-88 1993-94 1999-00 2006-07

Poverty ratio (%)

2006-07 figures are Tenth Plan projections

Page 11: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

INDIA SCORES HIGHEST IN LOCATIONAL ADVANTAGES FOR BUSINESS PROCESS OUTSOURCING : ATKEARNEY

 

Cost of labor, management, infrastructure and taxes

Risk, infrastructure, and cultural environment

Size, education,

language, BPO and IT skills of

workforce

Composite index

India 3.4 1.6 2.3 7.3

Canada 1.5 2.6 2.1 6.2

Brazil 3.1 1.8 1.2 6.1

Mexico 3.0 1.9 1.3 6.2

Ireland 1.8 2.5 1.5 5.8

Australia 2.0 2.3 1.4 5.7

Russia 3.1 1.4 1.1 5.6

China 3.1 1.1 1.0 5.2

Page 12: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

INDIA – IT’S STRENGTHSIndia today has –

A well diversified industrial base which profits from self-reliance in all core industries

A large & sophisticated financial architecture. The robust capital markets today have over 9000 listed companies and boast of a massive market capitalization

A healthy GDP composition with agriculture contributing 22%, Industry 22% and services, which have gone strength to strength, accounting for 56% of the GDP

An acknowledged strength in knowledge driven industries like information technology, biotechnology, pharmaceuticals, entertainment software etc

Page 13: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

ADVANTAGE INDIASize of Domestic Market

- 1.1 billion population

- Estimated Number of Households by Income Groups (Based on 1999-2000 prices)

o Middle (Rs 80,000 – Rs 1,20,000): 27.3 Million o Upper Middle (Rs 1,20,000 – Rs 1,60,000): 12.5 Million o High (Above Rs 1,60,000): 12.2 Million

- Size of the market at Purchasing Power Parity (PPP) – US$ 1.5 trillion

Page 14: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

INDIAN ECONOMY SCORECARDPARAMETER POSITION

FOREX RESERVES STRONGCURRENT ACCOUNT STRONG

EXTERNAL DEBT STRONGSERVICE SECTOR GROWTH STRONG

INFLATION GOODOVERALL GDP GOOD

INDUSTRIAL GROWTH COMFORTABLESAVINGS COMFORTABLE

FDI COMFORTABLENEW INVESTMENTS COMFORTABLE

AGRICULTURAL GROWTH STILL A CONCERNINTERNAL DEBT STILL A CONCERNFISCAL DEFICIT STILL A CONCERN

Page 15: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

AS per 2001 CensusPopulation: 1,027,015,248Avg. Annual Population Growth Rate: 1.93 % (1991-2001)  Birth Rate (Crude): 24.8 Death Rate (Crude):  8.9 Sex Ratio (Female: Male) : 933 Life Expectancy Rate:  (As of Sep 2005) 63.9 years (Males); 66.9 years (Females)

Ethnic Groups: Australoid, Mongoloid, Europoid, Caucasian, and Negroid  Religions: 

Hindus : 80.5 % Muslims: 13.4%, followed by Christians, Sikhs, Buddhists, Jains, Jews, Zorastrians and others.

DEMOGRAPHICS

Page 16: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

PERFORMING ART FORMS

Page 17: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Page 18: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

INDIA’S DEMOGRAPHIC DIVIDEND TO CONTINUE TILL 2025

36

60

5

33

62

5

30

65

5

27

68

6

25

69

6

25

68

7

0

10

20

30

40

50

60

70

80

0-14 years 15-64 years 65+

2000 2005 2010 2015 2020 2025

% Share of age groups Median age will go up from 21 in 2000 to 26 in 2025

Page 19: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

GROWTH OF INDIA’S WORKFORCE (20-59 AGE GROUP)

  2005 (million)

2050 (million) Growth

(million)India 550 812 263

United States 166 177 11

Japan 75 61 -14

Germany 49 40 -8

34 31 -3

France 34 33 -1

China 768 862 94

United Kingdom

Page 20: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

LITERACY LEVELS IMPROVEMENTS

18.3

28.334.4

43.5

52.2

65.3

75.0

0

10

20

30

40

50

60

70

80

1951 1961 1971 1981 1991 2001 2005

Literacy levels (%)

2005 Figures are National Literacy Mission TargetsLiteracy:

According to the provisional results of the 2001 census, the literacy rate in the Country stands at 64.84 per cent, 75.26% for males and 53.67% for females

Page 21: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

ADVANTAGE INDIAHuman Capital Edge

• INDIA hasOver 3 million scientific & technical manpower Stock of over 0.8 million post graduates in scienceOver 1 million graduate engineers0.4 million doctors 0.3 million graduates in agriculture and veterinary sciences

Today India turns out more than 50,000 computer professionals and 360,000 engineering graduates each year

• After US, India is home to largest pool of English speaking scientific manpower

• Five of ten IT centres worldwide possessing SEI-CMM level 5 certification are in India

Page 22: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Competitive Strengths

Rank out of 102 countries RANK

• Availability of scientist and engineers 3• Quality of management schools 8• State of cluster development 17• Quality of scientific research institutions 20• Technological sophistication 25• Government intervention in corporate investment 34• Quality of educational system 36• Sophistication of financial markets 37• Foreign ownership restrictions 41(Source: World Economic Forum’s ‘Global Competitiveness Report, 2003-04’)

Page 23: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

MORE THAN A 100 GLOBAL COMPANIES OUTSOURCE R& D FACILITIES

FROM INDIA INCLUDINGIntel Dupont General Electric

Pfizer Daimler Chrysler General Motors

Bell Labs Eli Lily Hekel Loctite

Colgate-Palmolive Emerson Electric Hewlett-Packard

Cummins Delphi Honeywell

Texas Instruments Bell Labs Unilever

Monsanto Eli Lily Whirlpool

Page 24: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

TOPOGRAPHY

i.The Northern Mountains: - The mighty Himalayan ranges;

ii.The Great Plains: traversed by the Indus and Ganga Brahmaputra river systems. (33% lies in the arid zone of western Rajasthan. The remaining area is mostly fertile plains;

iii.The Central Highlands lies between the Great Plains and the Deccan Plateau;

iv.The Peninsular Plateaus : - Western Ghats, Eastern Ghats, North Deccan Plateau, South Deccan Plateau and Eastern Plateau;

v.The East Coast, a belt of land of about 100-130 km wide, bordering the Bay of Bengal land lying to the east of the Eastern Ghats;

vi.The West Coast - a narrow belt of land of about 10-25 km wide, bordering the Arabian Sea and lying to the west of the Western Ghats, and;

vii.The islands: comprising the coral islands of Lakshadeep in Arabian Sea and Andaman and Nicobar Islands of the Bay of Bengal.

Page 25: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

SOIL Types

Page 27: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Page 28: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Source: Central Water Commission, Govt. of India

Page 29: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

The World's Water Hotspots

Page 30: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

About 700 million people in 43 countries live below the water-stress threshold of 1,700 cubic metres per person per year. In 20 years, 3 billion people will live in countries under that threshold. Source: Human Development Report 2006

Page 31: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

India in a World at Risk

“The major risks India faces are also opportunities for innovation and change, giving an impetus to technological change.

These risks are the loss of freshwater sources, oil peaks, the economic impact of demographics, globalization versus protectionism, climate change and the environment, and HIV/AIDS and TB.

Water is the gravest challenge in India, and different states have nearly started wars over water.”

- P. Chidambaram, Minister of Finance of India.

Page 32: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

INDIA- Water Sector at a Glance

Source: Central Water Commission, Govt of India

Sl # Item Unit

1Estiimated Annual Precipitation (including snowfall) 4000 BCM

2 Geographical Area 328.73 Million Ha3 Population (projected as on 1.3.2005) 1097.1 Million4 Average Annual Potential in Rivers 1869 BCM

5Per capita Water Availability (estimated as on 1.3.2005) 1703.6 cu.m

6 Estimated utilizable water 1122 BCM(i) Surface 690 BCM(ii) Ground 432 BCM

7Per capita Utilizable water (estimated as on 1.3.2005) 1022.7 cu.m

8 Projected Water Demand (BCM) 2000 2025 2050i) Domestic 42 73 102ii) Irrigation 541 910 1072iii) Industry 8 23 63iv) Energy 2 15 130v) Others 41 72 80Total 634 1093 1447

Year

"India has 16% of the world's population, 2.5% of the land mass

and 4% of the world's water resources.”

Page 33: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

River basins across India

Source: http://www.india-water.com/index.asp

Page 34: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Source: Central Water Commission, Govt. of India

Page 35: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Source: Central Ground Water Board

Ground Water Resources

of India

Page 36: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Resource

• Total Annual Ground Water Recharge - 432 BCM

• Net Annual Ground Water Availability - 361 BCM

• Ground water draft - 149.97 BCM

• In-storage ground water reserve - 10812 BCM

Page 37: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Development

Scenario(Dynamic Resource)

Page 38: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

State wise level of Ground Water Development

>100% - Haryana (112.18%)

85 – 100% - Rajasthan (86.42%) & Punjab (97.66%)

65 – 85% - UT of Daman & Diu (70%).

Negligible – Manipur, Mizoram, Nagaland, Arunachal Pradesh, Sikkim & UT of Andaman and Nicobar.

Page 39: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Statewise availability of GW Resources State Available GW

Resource (BCM/yr)Level of Development (%)

State Available GW Resource (BCM/yr)

Level of Development (%)

A.P 35.29 28.56 Mizoram 1.40 Negligible

Arunachal 1.44 Negligible Nagaland 0.72 Negligible

Assam 24.72 8.75 Orissa 20.00 21.33

Bihar 26.99 46.33 Punjab 18.66 97.66

Chhatisgarh 16.07 5.93 Rajasthan 12.71 86.42

Delhi 0.29 Sikkim 0.07 Negligible

Goa 0.22 8.30 Tamil nadu 26.39 64.43

Gujarat 20.38 55.16 Tripura 0.66 33.43

Haryana 8.53 112.18 U.P. 81.12 46.89

Himachal 0.37 10.72 Uttaranchal 2.70 35.78

J&K 4.43 0.81 West Bengal 23.09 38.19

Jharkhand 6.53 33.13 A&N 0.326 Negligible

Karnataka 16.19 34.60 Chandigarh 0.03

Kerala 7.90 22.17 Dadra & Nagar Haveli 0.042 12.81

M.P 34.82 27.09 Daman & Diu 0.013 70.00

Maharashtra 37.87 37.04 Lakshadweep 0.002

Manipur 3.15 Negligible Pondicherry 0.029

Meghalaya 0.54 3.97 Total 431.886 41.57

Page 40: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

425

“Over-exploited” where the stage of ground water development exceeds the annual replenish able limit

“Dark” where the stage of ground water development is more than 85%.

673

Assessment Units*• Over exploited: 673• Dark 425• Total 7928

(* Blocks; Taluka; Watershed)

Stage of GW Development

Page 41: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Problems related to Groundwater Use

Three problems dominate groundwater usedepletion due to overdraft; waterlogging and salinization due mostly to inadequate drainage and insufficient conjunctive use; and pollution due to agricultural, industrial and other human activities

Most common symptom Secular decline in water tables.

Page 42: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

 

Source: IWMI

Page 43: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Problems related to Groundwater Use

All these problems point to incorrect or Inappropriate land management policies.

Differing types of groundwater problems across the country as per specific geo-hydrological conditions.

Overdraft and Salinity Fluoride contamination Arsenic contamination.Saline ingress into coastal aquifers Alarmingly depleted tables in urban areas Water tables affected in villages Water logging. Salinity Pollution of aquifers

Page 44: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Impacts of Groundwater Use

• Irrigation Source: Alternate for productive life for farmers with no access to irrigation commands.

• Impaired Regional Agricultural output: According to experts, a quarter of India’s harvest may well be at risk from groundwater depletion.

• Health problems - Groundwater contamination through pollution or over-draft

• Inter Sectoral Conflicts – Groundwater – the contentious bone between competing stakeholders (viz. industry, agriculture, domestic and drinking, rural and urban)

Impacts: Social, economic and political impacts.

Page 45: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Chemical Quality of Ground Water

D isp osa l o fw a s tes , lea c h in g o fse w e r m a te ria ls ,e tc.

D o m estic p o llu t ion

le a ch ing o fn u trie n ts

p e s tic id esfe rtilis e rs

A g ricu ltu ra l po llu t ion

D is p osa l o fe ff lue n ts ins tre am s or

la nd

In d us tria l p o llu tion

Arsenic

Fluoride

Iron

Nitrate

Salinity

G e og e nic con tam ina tion

Q u a lity d e te rio ra t ion

Page 46: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Quality

• Arsenic – parts of West Bengal, U.P., Chhatisgarh• Fluoride – parts of Andhra Pradesh, Assam, Bihar, Gujarat,

Haryana, Karnataka, Kerala, M.P., Chhatisgarh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil nadu, U.P., W.B.

• Salinity – parts of Andhra Pradesh, Bihar, Gujarat, Haryana, Karnataka, Kerala, M.P., Chhatisgarh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil nadu, U.P., NCT Delhi.

• Iron – Assam, Bihar, Orissa, Rajasthan, Tripura, W.B.

It is reported that 216,968 quality-affected habitations wherein the water contains excess of

fluoride, arsenic, iron, salinity and nitrate

Page 47: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Distribution of Fluoride in Ground Water

Page 48: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Inland Salinity in Ground Water

Page 49: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Management Options

• Unplanned development of ground water has resulted in over-exploitation and deterioration of water quality

• Management options available are: Augmenting ground water availability through

artificial recharge Ground water regulation through administrative and

legal measures.

Page 50: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Management Options

• Augmenting ground water reservoirs requires construction of artificial recharge structures Structures are to be scientifically designed depending on

geology, hydrogeology, availability of surface run off, topography,etc.

• The rate of evaporation in India is very high at places and ranges from about 50 cm to more than 300 cm per year.

Hence proper care is to be exercised if the harvesting structure is to store water on the surface.

Page 51: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Sustainability of Ground Water Development

Master Plan for Artificial Recharge to Ground Water in India• Area identified for Artificial Recharge 448760 km2

• Volume of water to be recharged 36453 MCM• Total number of structures proposed 3.925 million

– Rural Areas 225,000– Urban Areas 3.7 million

• Estimated cost INR. 244.63 billion– Rural Areas INR. 198.76 billion– Urban Areas INR. 45.87 billion

Page 52: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Revival of Traditional WisdomRain Water Harvesting & Water Management Practices

Many water harvesting structures and water conveyance systems specific to the eco-regions and culture has been developed

Harvested rain drops directly from rooftops, collected and stored water in tanks built in their courtyards. From open community lands, collected the rain and stored it in artificial wells.

Harvested monsoon runoff by capturing water from swollen streams during the monsoon season and stored it various forms of water bodies.

Harvested water from flooded rivers

Page 53: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Source: http://www.rainwaterharvesting.org/Rural/Rural.htm

Page 54: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

ZingKulNaulaKuhlKhatriApataniZaboCheo-oziihiBamboo-drip irrigation DongsDungsAhar-pyneBengal's Inundation channelsThe Ramtek ModelBaolis

KundsKuisBaorisJhalarasNadiTobasTankasKhadinsVavVirdasTalabSaza kuva JohadsBandhPat

RapatChandela Tank Bundela Tank KatasCheruvuKohli tanks BhandarasPhadKereDighisSurangamKorambuEriOoranisJackwells

Traditional Technologies

Source: http://www.rainwaterharvesting.org/Rural/Traditional.htm

Page 55: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Zings

Region: Water harvesting structures found in Ladakh.

They are small tanks, in which collects melted glacier water. Essential to the system is the network of guiding channels that brings the water from the glacier to the tank. As glaciers melt during the day, the channels fill up with a trickle that in the afternoon turns into flowing water. The water collects towards the evening, and is used the next day.

Page 56: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Bamboo Drip Irrigation State: Meghalaya

Ingenious system of tapping of stream and springwater by using bamboo pipes to irrigate plantations.

About 18-20 litres of water entering the bamboo pipe system per minute gets transported over several hundred metres and finally gets reduced to 20-80 drops per minute at the site of the plant.

This 200-year-old system is used by the tribal farmers of Khasi and Jaintia hills to drip-irrigate their black pepper cultivation.

Page 57: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Kunds / Kundis

Region / State: Sandier tracts of the Thar Desert in western Rajasthan and some areas in Gujarat

A kund or kundi looks like an upturned cup nestling in a saucer. These structures harvest rainwater for drinking. Essentially a circular underground well, kunds have a saucer-shaped catchment area that gently slopes towards the centre where the well is situated. The sides of the well-pit are covered with (disinfectant) lime and ash. Most pits have a dome-shaped cover, or at least a lid, to protect the water.

Ran SinghChuru Vill.

Page 58: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Baoris / BersState: Community wells, found in Rajasthan, that are used mainly for drinking.

Most of them are very old and were built by banjaras (mobile trading communities) for their drinking water needs. They can hold water for a long time because of almost negligible water evaporation.

Page 59: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Contemporary Technologies

Source: http://www.rainwaterharvesting.org/Rural/Improvised.htm#poly

CheckdamsContour Trenches BundingContour Stone WallGully ControlSub Surface DamsPercolation ponds

Artificial Glaciers NadisPolymer KundisChaukasJaldhar Model Tudum Monga Networking of Farm PondsHorizontal Roughening Filter

Many initiatives where the traditional water harvesting practices have been modified depending upon the domestic and irrigation needs of the local community

Page 60: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Contemporary Techniques

Artificial GlaciersRegion: Ladakh in Jammu and Kashmir Innovative and Decentralised approaches to water harvesting by Chewang Norphel.

In the cold desert that is Ladakh, the only source of water is met from glaciers. But this comes in late in the summer. It involves channelizing water to the shadow area of a mountain close to a village. After going through metal pipes, the water freezes, creating a glacier close to the village, which is a bonus for farmers as water reaches their fields in spring..

Chewang NorphelLeh, Ladakh

Page 61: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Administrative measures for regulation of GW development

• Amendment of Building Bye laws

Identified urgent need, in urban areas, for amending building byelaws and making Rain Water Harvesting mandatory. 10 State governments/ UT, viz. Gujarat, Maharashtra, Tamilnadu, Nagaland, Delhi, Karnataka, Kerala, West Bengal, Madhya Pradesh and Union Territory of Daman & Diu have made provision of Roof top rain water harvesting structure in buildings mandatory. Efforts are being made to provide for Roof top rain water harvesting structures in Government buildings in NCT of Delhi.

Page 62: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Ground Water Fallacies / Myths …

Vast resources unexploitedBut … this masks high local and regional variability

Deeper confined aquifers not exploitedBut … highly uneconomical and suspected high mineralization

Electrification has led to easy access to GWBut … huge losses to power sector in India

GW can potentially provide drought and flood bufferingBut … this requires long-term planning and vision

Page 63: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Way Ahead …..

For efficient management of the resources the following activities are required:

Review provision of free or subsidized power in the agriculture sector. Suitable cost of electricity is to be decided so that no misuse/ over use of power takes place.

People’s participation in watershed development Involvement of Industries Re-cycling of water in Urban areas Non cultivation of water intensive crops in water stressed areas Scientific planning of watershed programme. Mass awareness and Training on efficient use of the resource, its

conservation and recharge

Page 64: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Way Ahead ….. Need for Integrated Planning for Water resources development

and management , in consideration of long term as well as short term needs.

Need to incorporate environmental, economic and social considerations based on the principles of sustainability.

Integrated ground water development and management plan envisaging rational and efficient utilization of regional ground water system requires

Reliable data base, Modeling tools to describe the regional flow pattern, Proper definition of goals and related criteria and Monitoring network for ground water flow and ground water pumpage.

Page 65: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Present Law on Groundwater

• Source of Groundwater Law:1. Statutory: the Constitution, Central and State laws.2. Common Law

Constitutional Provisions : Two kinds Broad principles Specific Provisions

Broad Principles

Provisions regarding Sustainable and Equitable Use of Resources

for common good and Fundamental duties of the State and Citizens in

relation to the environment

are contained in

Part IV [Directive Principles of State Policy] and Part IV A [Fundamental Duties].

Page 66: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Art. 38(1) :- Duty of the State to secure a social order for promotion of welfare of the people in which justice, social, economic and political shall inform the institutions of public life.

Art. 48(a) and 51 A (g) - The State as well as the citizens are under a fundamental duty to protect and improve the environment

Art. 39(b)(c) -The State has, in particular, to direct its policy towards securing that (a) the ownership and control of material resources of the community

are so distributed as best to subserve the common good; and

(b) the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment

The Directive Principles

Page 67: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Legislative Powers • List II of Seventh Schedule. The Constitution vests the

States with powers to legislate on water – that is, water supplies, irrigation, canals, drainage, embankments, water storage and water power.

Specific Provisions

• Vesting of legislative powers • Fundamental Rights.

• Article 252 - Parliament is given the power to legislate for two or more States on matters falling under the State list, if the States so desire, and resolutions are passed to that effect by all the legislatures of the requesting States.

Page 68: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Fundamental Rights

Articles 14 and 21:- Fundamental rights to equality, life and personal liberty

Courts have recognized that:The right to clean and safe water is an aspect of the right to lifeThis right can be affected by actions that adversely affect the availability of groundwater supplies.

However, judgements of the Courts do not reflect the day to-day practice in the exercise of rights, but constitute a final recourse to protect or uphold rights, through specific litigious action, case by case.

Page 69: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Statutory Law

Two main central statutes are involved. Indian Easements Act, 1882 Transfer of Property Act, 1882.

Page 70: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

• Indian Easements Act, 1882: – allows private rights to use a resource that is,

groundwater, by viewing it as an attachment to the land. It also states that all surface water belongs to the state and is a state property.

A fundamental issue in ground water legislation - nature of right in groundwater. The Indian Easements Act, 1882, right to groundwater is described, not as an easement as is incorrectly generally interpreted, but as a right attached to land which may be restricted by easements.

Page 71: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

State Law, Customary Law

• The right to groundwater as an inalienable part of the right to land is supported both by custom as well as State law in India.

• In customary practice, landowners generally regard wells as

‘theirs’ and view others as having no rights to restrict or otherwise control their rights to extract water

• Statutes that declare State sovereignty over all water sources by vesting their ownership in the State - such as Land Acts and Irrigation Acts – exclude groundwater by omitting mention of it.

Page 72: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Ownership of Ground Water …. ???

• Existing Irrigation Acts for instance do not define ownership of sub-surface or groundwater.

• Land Acts - refer to all water sources except groundwater. viz. Madras Land Encroachments Act of 1905, Maharashtra Land Revenue Code 1966, Madhya Pradesh Land Revenue Code 1959, and Orissa Prevention of Land Encroachment Act, 1972

• These Acts list all sources in which the Government’s right of property exists, excluding when they are the private property of persons. Ground water is not explicitly mentioned.

• In Orissa, rights to ground water, either of persons or Government, were not, until 1993, defined under any legislation. Amendment of the Irrigation Act- “sub-soil water“ included in the definition of “Government Water Source” and declared to be the property of Government. This amendment, however, is currently under challenge before courts of law.

In short, the State-level Land and Water legislation do not define rights to groundwater, thereby leaving it in the realm of Common Law Doctrine. Rights in groundwater are absolute, protected implicitly by irrigation and land laws in the country

Page 73: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Common Law

• The general rights structure related to groundwater extraction derives from English Common law and is applicable in India as well.

Classic Cases often referred:1. Acton v. Blundell and

2. Chasemore v. Richards have settled the law in regard to natural rights to underground water

Page 74: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

• Right to Property, though a fundamental right, can be reasonably restricted in the interest of the public.

• Easements cannot be interfered with generally. Only in specific situations, where there is a government project for instance, easements can be suspended.

• Groundwater is a property right, not an easement. It can

be generally controlled by legislation, in the interest of sustainability and equity.

• However, this has not been done.

Implications ….

Page 75: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Federal legislations linked with Water

1882 - The Easement Act 1897 - The Indian Fisheries Act1956 - The River Boards Act1970 - The Merchant Shipping Act1974 - The Water (Prevention and Control of Pollution) Act1977 - The Water (Prevention and Control of Pollution) Cess Act.1978 - The Water (Prevention and Control of Pollution) Cess Rules1991 - The Coastal Regulation Zone Notification1986 - The Environment (Protection) Act

Source: http://edugreen.teri.res.in/EXPLORE/laws.htm#water

Page 76: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

• Central Model Groundwater Bill (1970) - more than three decades ago. – Very few states adopted the Bill. – Those which did, failed to implement it.

Earlier Attempts at Groundwater Legislation

•Analysis – Reasons for failure:

1. The neglect in addressing the issue of rights in groundwater in the context of current management problems.

2. The attempt to enforce a centralized regulatory regime on countless millions of private well owners is feared to result in unmanageable complexities.

Page 77: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Legal and Administrative measures

• Constitution of Central Ground Water Authority

– For purpose of control and regulation of ground water development the Central Ground Water Board has been constituted as Central Ground Water Authority in January 1997 under the Environment (Protection) Act 1986.

– Activities of the Authority include monitoring of ground water contamination, registration of agencies involved in construction of wells, registration of persons/agencies engaged in sale and supply of mineral water, clearance to ground water based projects, conducting mass awareness programmes and training in rain water harvesting.

– Central Ground Water Authority has notified 11 areas for ground water regulation and also notified 32 areas for registration of ground water abstraction structures

Page 78: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Legislations on Control & Development of Ground Water

• Status: – The legislation has been enacted and being implemented,

viz. the states of Andhra Pradesh, Goa, Tamil nadu, Kerala and UT of Lakshadweep, Pondicherry and Chandigarh.

– The states where the bill has been passed but not enacted

are Maharashtra and Gujarat.

– The majority of the states and UT’s have initiated action for preparing the legislations, viz. the states of Assam, Bihar, Haryana, Himachal Pradesh, J&K, Karnataka, Mizoram, Orissa, Punjab, Rajasthan, UP, NCT of Delhi, Jharkhand, Meghalaya, West Bengal and the UT’s of Daman & Diu, Dadra & Nagar Haveli.

Page 79: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Bill to Regulate and Control the Development and Management of Ground Water, Jan 2005

National Water Policy 2005

In the offing:

Approach and Concept for preparing ZONING ATLAS

Water certification for industries (Voluntary) States gear up to regulate water market (approx

INR 50 billion) Satellite imagery to tap ground water

Govt. Initiatives

Page 80: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

International Co-operationBilateral Co-operation:

Indus Treaty (Pakistan) w.e.f. 1st Apr. 1960 Mahakali Treaty (Nepal) w.e.f. June 1997 Ganges Treaty (Bangladesh) w.e.f. 12th Dec. 1996 India-China Co-operation (Hydrological Information) w.e.f. 14th Jan. 2002 India-Bhutan Cooperation

International Co-operation:

The Hague Declaration on Environment (11th Mar. 1989) - Signatory International fora like

World Water Council, World Water Forum, Global Water Partnership

International Commission on Irrigation & Drainage (ICID) HQ: New Delhi, India – 24th June 1950.

Currently 88 countries are members of ICID

Page 81: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

“Man is a complex being:  he makes deserts bloom - and lakes die.”  ~Gil Stern

Think for a while ……

"It is not what we have that will make us a great nation; it is the way in which we use it." - Dickinson, Dakota Terr. July 4, 1886

“Man has been endowed with reason, with the power to create, so that he can add to what he's been given.  But up to now he hasn't been a creator, only a destroyer.  Forests keep disappearing, rivers dry up, wild life's become extinct, the climate's ruined and the land grows poorer and uglier every day”.  ~Anton Chekhov, Uncle Vanya, 1897

"Conservation means development as much as it does protection. I recognize the right and duty of this generation to develop and use the natural resources of our land; but I do not recognize the right to waste them, or to rob, by wasteful use, the generations that come after us."

- Osawatomie, Kansas, August 31, 1910

Page 82: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Contact:John ThomasJoint DirectorFICCI - RC&M GroupNew Delhi, INDIAEmail: [email protected]

Page 83: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA

Page 84: India & its Water Issues

Water Issues in India – by John Thomas, FICCI14th Dec. 2006, School of Law, Kansas University, USA