Legal systems for governance of water in different countries are based on either of the range of water doctrines - riparian doctrine, the doctrine of prior appropriation and the non-priority permit doctrine. I would like to know the basis for the evolution of water laws in India. Request you to kindly suggest...
I was associated with State Government Irrigation Projects under RIDF in NABARD. The Government officials used to always talk of Lower Riparian rights. It basically seemed to me as right on the water resources based on first user.
I am interested in knowing the water law in your region, particularly India. I'm following
Through my old reading of some of the world's standard determinants of water, I think that Indian specifications were adopted in their formulation on British specifications.
I am interested in water as most of my research is about water and the tests I have done
When I go through the water governance in different states, I feel there is no consistency in approach.
We have Participatory Irrigation Management which largely provisions for the command area farmers, riparian doctrine seems to be a dominant principle.
We see the doctrine of prior appropriation being used for allocation of water for large cities like Mumbai, Bengaluru, etc - the doctrine is historically based on a “first in time, first in right” philosophy whereby supply is theoretically subject to a priority order
In case of industrial water allocations or for drinking water it seems to be the non-priority permit doctrine which operates on the allocation of entitlements granted at the discretion of the Government. The resource itself is nationalized by vesting the control of it in State Government water authorities.
The use of Ground Water is chaotic with no control or principles of management.
Thank you Emmanuel V Murray for your response. Lower Riparian rights as well as right on the water resources based on first user dominate the water rights scenario.
In the case of Bisalpur Dam in Rajasthan, the High Court took a stand that structures above the height of 2 meters should not be constructed in the catchment of the dam because it would limit the water availability of the dam that caters to the drinking water needs of Jaipur City.
The rights over groundwater is linked to the Easement Act made in 1890s that provided the right of water to the land owner.
There is a need for deliberation on what should be the best 'rights'regime for governing water. With water shortage looming large, we need to find a way in this anarchy!
Would like to seek views from Dickson Adom , Zainab A. Makawi Isam Issa Omran about examples from your regions
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