In a significant move, the Supreme Court of India is set to examine the contentious issue of who owns floodwater in an inter-state river dispute. This examination comes in the wake of objections raised by Telangana regarding Andhra Pradesh's Polavaram-Banakacherla Link Project (PBLP). The core question before the court is whether a state can unilaterally utilize floodwater on an inter-state river.
Telangana has argued that the PBLP violates the Godavari Water Disputes Tribunal (GWDT) award and would deprive Telangana residents of their rightful share of Godavari water. A key point of contention is that the tribunal award remained silent on the issue of surplus floodwaters. Telangana contends that Andhra Pradesh's projects, under the guise of utilizing floodwater, would effectively reduce Telangana's share of the Godavari waters.
The state government of Telangana, led by A. Revanth Reddy, has brought to the forefront the absence of a mechanism to ascertain whether a project genuinely utilizes floodwater or encroaches upon the assured water share allocated to states by a water disputes tribunal. Telangana has cautioned that Andhra Pradesh's decision to utilize more water through projects, masked as harnessing excess floodwater, could trigger a domino effect across the country.
According to Telangana, Karnataka is also considering using more water from the Krishna River in a similar manner, which would worsen water shortages for Telangana. Maharashtra has expressed similar intentions to plan projects based on floodwaters if Andhra Pradesh is allowed to proceed with its projects. Telangana argues that such actions would destabilize the utilization pattern among the co-basin states and violate the binding award of the GWDT.
A bench headed by Chief Justice Surya Kant is scheduled to hear a writ petition filed by the Telangana government. The petition challenges the Central Water Commission's (CWC) decision to grant consent to the Andhra Pradesh government to prepare a detailed project report for the PBLP, even without an in-principle consent for the project feasibility report.
Inter-state river water disputes are a recurring challenge in Indian federalism, arising from disagreements over the use, distribution, and control of rivers flowing through multiple states. These disputes often involve critical and sensitive issues, as water is a state subject, yet the integrated management of river systems crossing state boundaries often necessitates central government intervention.
The resolution of these disputes is governed by the Inter-State River Water Disputes Act, 1956, enacted under Article 262 of the Constitution of India. The Act provides a framework for the central government to establish Water Disputes Tribunals to adjudicate disputes if negotiations fail.
The Supreme Court's intervention in this matter highlights the complexities and sensitivities surrounding inter-state water disputes in India. The court's examination of the ownership of floodwater and the permissibility of unilateral utilization by states could have far-reaching implications for water resource management and the resolution of future disputes. The decision could potentially set a precedent for how surplus floodwater is defined, allocated, and utilized in the context of inter-state river disputes, balancing the interests of various states while adhering to the principles of equitable water sharing.
