Devil is in details!

This refers to “State gets flack on illegal lifting of water – ‘Equitable Water Distribution’ norms not applicable: official’, published in Times of India, Aurangabad on 1^st Oct 2014. It would be better to see the details regarding delineation of Jayakwadi command & applying MMISF Act to Jayakwadi project because devil is in details!

MMISF Act 2005 is a very good water law which provides for legal support to Participatory Irrigation Management (PIM) & establishment of Water Users Associations (WUAs). As such, it would be a welcome step if it is applied to Jayakwadi project. In fact, there is a growing demand from the irrigators & WUAs all over the State to apply MMISF Act to all irrigation projects. Then, where is the problem?

The problem lies in section 22 of MMISF Act. This section provides for joint inspection, repairs, rehabilitation & handing over of management of command area to minor level WUA. The million dollar question is who will pay for the well intentioned legal commitment as per section 22? World Bank came forward in 2005 & funded the Maharashtra Water Sector Improvement Program (MWSIP) which includes only 236 projects having approximately 6.7 L ha. Government, therefore, has applied MMISF Act to these 236 projects only. This Act has also been applied, by default, to on-going projects also as they don’t need any rehabilitation. So the fact is, barring the exception of 236 projects under MWSIP & on-going projects, MMISF Act has not been applied to the majority of the irrigation projects in Maharashtra? If that is the fact, then why single out Jayakwadi project alone?

Delineation of Jayakwadi project is being advocated as a precondition for equitable distribution of water. What are the details of delineation as per MMISF Act 2005 & MMISF Rules 2006? Three types of legal notifications need to be issued by the government & publish those in the official gazette to bring in force the Act. First notification is for applying the Act to a particular project. Second notification is about the appointment of canal officers under MMISF Act in that specific project. And third type of notification is in respect of individual WUAs in the command of the project. Assuming that there will be one WUA per 400 ha, approximately 693 WUAs would be required for 2.77 L ha command of Jaykwadi project. That means 693 notifications in the official gazette! Will that be really possible immediately & that too as per the criteria laid down in Annexure -1 of MMISF Rules? Too many& rather too  basic criteria have been prescribed.

One of the most important criteria which the concerned canal officer must & should consider before delineation of a WUA is the availability of water for that WUA. This does mean that guarantee of availability of water is a precondition for the delineation of a WUA as per the rules & not the other way round. At present delineation is being wrongly considered as a precondition for equitable distribution of water. That is a misinterpretation of the MMISF Act & Rules. Hope it is not deliberate & with any ulterior motives!

What about the funds required for applying the MMISF Act to Jayakwadi Project? Rs. 1800 Crore were required for MWSIP to cover 6.7 L ha in 236 projects in 2005. One can imagine how much funds would be required now for Jayakwadi with 2.77 L ha in 2014 considering the price escalation & inflation. Can the government raise & invest that much amount exclusively for Jayakwadi in near future? It appears, prima facie, to be an impossible task. Government does not have funds to complete even the on-going projects.

MWRRA Act was passed way back in 2005. It is generally assumed that before the enactment government has done its home work & is ready from administrative as well as engineering point of view to implement the Act. Now, even after 9 years if the government keeps on giving one or the other excuse to not implement the Act in letter & spirit, then it speaks volumes about the governance, efficiency & most important of all the intentions of all the concerned.

Putting a communication & real time data system in place appears to be the new excuse. What is the past experience? SCADA system was installed & it was even functional for some time in Majalgaon project in1990s. Nobody knows now what has happened to that Dynamic Regulation project executed in collaboration with a world famous French company. Vadnere  Committee (May 2007) had recommended the use of modern technology for precise determination of reservoir releases during emergency situations. Again, it is not known whether government has accepted & implemented those recommendations. On this background, will anybody now believe that the Australian technology would now solve the problem of equitable distribution of water in Upper Godawari Basin?

Instead of reading all provisions in the MWRRA Act together & interpret those in the light of the preamble of the Act, reading only a sub section in isolation & stretching it too far in a mechanical manner is not a good legal practice. All concerned would do well to exercise the restraint. Equitable distribution of water basically needs political will & faith in rule of law. Delineation & real time data are not the substitutes for that basic requirement.

By constantly & consistently insisting about only the delineation, MWRRA creates an illusion that it is strictly adhering to the law. Well, that is neither the complete story nor the complete truth. Though MWRRA Act has important & basic provisions with particular reference to GOOD Water Governance, it is unfortunate, shocking & saddening to note that the framework of water governance is conspicuous by its absence. River Basin Agencies, State Water Board & State Water Council – the important pillars of the water governance - have simply not been operationalised in the truest sense of the term. As a result, the State does not have the Integrated State Water Plan - the soul of the Act- ready even after 9 long years from the date of enactment of the law. Delineation is just one small part of the framework of water governance. MWRRA is perhaps missing the woods for a tree. Let wiser counsel prevail!

It is necessary that people at large fully understand & realize what is happening in the water sector. Instead of fighting amongst themselves, it would be better if all people from Upper Godawari Basin come together & ask WRD & MWRRA to implement the MWRRA Act in letter & spirit. That appears to be the way out. Selective & haphazard implementation of law has created the problem.

-Pradeep Purandare

Retired Associate Professor, WALMI, Aurangabad

30.9.2014

Edited version of this rejoinder has been published in ToI, Aurangabad dt 2 Oct 2014 as"Operationalising water norms necessary.."on page -4.