Ravi River - Inter-State Water Dispute

Inter-State Water Dispute

Even prior to the partition of India in August 1947, India had developed projects on the river Ravi and Beas River system. When the treaty was under debate, India had taken advance action to develop the three rivers, which were eventually allocated to it under the treaty. According to a directive of the Government of India, planning for development of the Ravi and Beas rivers was initiated concurrently with the treaty negotiations, which involved four riparian states of Punjab, PEPSU (this was merged with Punjab and subsequently Punjab was divided, and additionally the Haryana state was created), Himachal Pradesh, Rajasthan and Jammu and Kashmir (J&K) within the ambit of the already developed Bhakra Nangal Dam project on the Sutlej River. A review of the flows in the two river systems revealed that prior to partition of the country and up to the time of the signing of the Indus Treaty, 3,130,000 acre feet (3.86 km3) of water was under utilization through major irrigation systems such as the Upper Bari Doab Canal System (1959) and the Lower Bari Doab Canal System (1915). The unused flow in the two river systems was assessed at 15,580,000 acre feet (19.22 km3), which was planned to be developed by the four states of J&K, PEPSU, Punjab and Rajasthan. However, with the merger of PEPSU with Punjab and subsequent bifurcation of Punjab into two states, a dispute arose on the allocation of Ravi and Beas waters for which a Tribunal was set up under the Interstate River Water Disputes Act.

Contrary to the claims of Punjab state, small part of Haryana state lying north in Panchkula districtis part of Sutlej river basin area in addition to Punjab, Himachal Pradesh and Chandigarh in India. Thus Haryana is also a riparian state of Indus river basin.

Following the reorganization of the state of Punjab in 1966, Haryana State was created. This was followed by a notification by the Government of India dated 24 March 1976 allocating the surplus waters between Punjab and Haryana in due consideration of the powers conferred by Sub Section (I) of Section 78 of the Punjab Reorganization Act, 1966 (31 of 1966). The allocation was challenged in the Supreme Court by Haryana. A tripartite agreement followed on 31 December 1981, based on the revised mean annual flows from the flow series of 1921–60 assessed as 20,560,000 acre feet (25.36 km3) (including prepartition use of 3,130,000 acre feet (3.86 km3) and transit losses in the Madhopur Beas Link of 260,000 acre feet (0.32 km3)) vis-a-vis the figure of 15,850,000 acre feet (19.55 km3) assessed in earlier allocation, which was based on the flow series of 1921–45. The revised assessed surplus supplies of 17,170,000 acre feet (21.18 km3) (from flow and storage) was allocated as:

Share of Punjab 4.22 MAF; Share of Haryana 3.50 MAF ; Share of Rajasthan 8.60 MAF; Quantity earmarked for Delhi Water supply 0.20 MAF; Share of Jammu & Kashmir 0.65MAF with some specific provisions.

However, the legality of this agreement was challenged by Punjab. This was followed by the Punjab accord signed by the then Prime Minister of India Rajiv Gandhi and Sant Harchand Singh Longowal, President of the Shiromani Akali Dal, on the 24th July, 1985. This accord stipulated that

The farmers of Punjab, Haryana and Rajasthan will continue to get water not less than what they are using from the Ravi Beas system as on 1.7.1985. Waters used for consumptive purposes will also remain unaffected. Quantum of usage claimed shall be verified by the Tribunal referred to in paragraph 9.2 below. 9.2 The claim of Punjab and Haryana regarding the shares in their remaining waters shall be referred for adjudication to a Tribunal to be presided over by Supreme Court Judge. The decision of this Tribunal will be rendered within six months and would be binding on both parties. All legal and constitutional steps in this respect to be taken expeditiously; 9.3 The construction of Sutlej Yamuna Link (S.Y.L.) canal shall continue. The canal shall be completed by August 1986.

Following the above accord, Ravi & Beas Waters Tribunal (RBWT) came to be set up in April 1986, in pursuance of paragraphs 9.1 & 9.2 of Punjab Settlement (Rajiv-Longowal Accord, 1985) inter-alia to adjudicate the claims of Punjab and Haryana in Ravi-Beas waters. The Terms of Reference was set and also the time for submission of the report. The Tribunal submitted its report on 30 January 1987. However, the report was contested as Rajasthan also moved an application "seeking explanation and guidance regarding the report of this Ravi Beas waters Tribunal, 1987". The Tribunal is further examining the matter. It is yet to submit its further report to the Government on the pleas submitted by the party States and the Central Government also seeking explanation/guidance on its earlier report. In the mean time, a Presidential reference on Punjab Termination of Agreements Act, 2004 is pending before the Honorable Supreme Court. Hence, the further hearings of the Tribunal and its final report are now enjoined on the outcome of the Supreme Court hearing of the Presidential reference.

Punjab has not allowed the construction of the Sutlej Yamuna Link (SYL) canal in its territory for transferring Haryana share of water from the Indus river basin. The SYL canal lying in Haryana was completed but idling for want of water from the Sutlej River. If Haryana is interested in getting its water share as per the agreements, it can construct the remaining canal via Himachal Pradesh area bypassing Punjab area totally by tapping water directly from the Bhakra Nangal reservoir located in Himachal Pradesh. The Minimum drawdown level of Bhakra Nangal reservoir and the topography in Himachal state is suitable for the SYL (refer Google earth). Additional water from Sutlej River is very much useful to augment drinking water supplies of ever expanding cities like Delhi, Gurgoan, Panchkula, Chandigarh, etc in addition to meet the agriculture and industrial requirements in entire Haryana state.