Fourth “B. G. Walimbe Memorial Lecture”
Institution of Engineers, Pune, 4th Nov 2017
Water Management, Governance & Regulation in Maharashtra
Issues & Remedial Measures
Institution of Engineers, Pune, 4th Nov 2017
Water Management, Governance & Regulation in Maharashtra
Issues & Remedial Measures
Pradeep Purandare 1
Introduction:
Water Management, Governance & Regulation
(WMGR) is a vast subject. Any serious & in-depth discussion about WMGR
should, therefore, ideally cover Surface as well as Ground Water, all types of
Water Resources Development, Competitive Uses of Water, Inter-disciplinary linkages
of all above and associated techno-socio-economic-legal-environmental aspects. However,
the scope of this presentation is limited to Surface Water, State Sector
Irrigation Projects, Irrigation and Techno – Legal aspects
Water
Management:
In view of 3679
number of projects, 50 L ha irrigation potential & 34000 Mcum water use, it
is clear that the system to be managed & governed is huge. WMGR of such a huge system is difficult.
It becomes all the more challenging when supply of water for irrigation &
non irrigation purposes from a common source is to be given as per the legal
provisions regarding Entitlements & Volumetric Supply in MWRRA & MMISF
Acts. Such a water management obviously demands certain basic things.
Pre - requisites:
1.
Compatible physical system to keep
system parameters close to their assumed values, to control & regulate
water-level & discharge and to facilitate Volumetric Supply & Water Accounting
/ Auditing
2.
Implementation of Standard Operating Procedures
(SOPs) to keep the management streamlined & alert
3.
Robust
Institutional & Legal Arrangements (ILA) for implementing Water Laws &
resolve Water Conflicts i.e. Water Governance
Present Status:
Water management of such a quality &
standard is conspicuous by its absence in Maharashtra because –
1. Physical
system is not amenable to legally accepted modern concepts
2. SOPs
are not implemented &
3. Institutional
& Legal Arrangements are too weak to facilitate desired water governance
Necessary details are given in following
paragraphs
Lack of Timely & Adequate Maintenance
& Repairs:
Lack of systemic & systematic
M&R has taken its toll. Following is evident in canals &
DISNET of almost all projects
1.
Actual carrying capacity is significantly
less than design capacity
2.
Actual conveyance losses are far more
than generally expected ones. Actual
Overall Project Efficiency is hardly 20-25 % as against the assumption
of 45-50%
3.
Less carrying capacity & more losses
make mockery of irrigation schedules
4.
Most of the Head Regulator (HR) &
Cross Regulator (CR) gates and Measuring Devices are out of order or missing
5.
Water-Level & Discharge Regulation
and Water Measurement is not possible
6.
Inordinate delays & grossly
inadequate water supply lead to water conflicts
It is, therefore,
necessary to go to basics, revisit the basic concepts, solve the administrative
/ management problems, evolve effective maintenance strategies, diagnose common
problems, scrupulously follow forgotten technical circulars & address the
maintenance problem urgently & in upfront manner. There is no substitute
for M & R!
Functional HR & CR Gates:
HR
& CR gates are cumbersome to operate. Their manual operation limits
flexibility of canal operation. Absence of real time data of water- level &
discharge makes the situation more complex. The end result is there is no water-level
& discharge control. Volumetric Supply of water becomes practically
impossible. The possible solutions could be as follows to remedy the situation.
1.
Provide motorized HR & CR gates
2.
Create Special Gates M & R Mobile
Units
OR
3.
Replace conventional HR gates by
Distributors
4.
Replace conventional CR gates in main canal by automatic gates & that in
distributaries by Duckbill or Diagonal
weirs
5.
Introduce Supervisory Control and Data
Acquisition (SCADA) on main canals of major projects to start with.
6.
Go for a “proper mix” of above solutions together
It would not be out
of place to recall that Sir Vishvesharayya had developed automatic gates.
Functional Measuring
devices:
The
situation regarding measuring devices on canals & DISNET in almost all
projects is frustrating to say the least. They are not provided / constructed,
in the first place, at the head of all canals & DISNET. If at all there are
measuring devices, it is quite likely that they may be suffering from common
problems, namely, wrong design, improper location, defective construction, poor
M &R and unreliable records. Following solutions are available to improve
the situation.
1.
Provide measuring devices on large scale
& do flow measurement OR
2.
Switch over to indirect measurement of
water. Requirement of measuring devices
can be reduced if conventional HR gates are replaced by Distributors. These
structures release known & constant discharge. Volume can be obtained only
by measuring the time for which that discharge is given.
3.
Go for a “proper mix” of above 2
solutions together
Industrial
production:
Industrial
production of HR & CR gates, duckbill weirs, measuring devices & water
meters and provision, installation, maintenance, repairs, calibration,
automatic data collection, etc could be a huge business opportunity. Implement
systemic & systematic plans for the same
Implementation of Standard
Operating Procedures (SOPs)
Following Standard Operating Procedures (SOPs)
are not being scrupulously followed with adequate technical inputs in most of
the projects. Degree of negligence regarding SOPs increases as the project size
decreases
1. Preliminary
Irrigation Program
2. Canal
scheduling
3. Monitoring,
Measurement & Accounting of water
4. Water
Auditing
5. Benchmarking
6. Irrigation
Status Report
7. TAP -
C principles:
It is high time to insist for implementation of SOPs & thereby,
increase
technical input & bring in an element of science in water management. Follow the process & results will follow!
Water Governance:
Non-implementation of Water Laws
has weakened the present Institutional
& Legal Arrangements (ILA):
Acts in force:
Following nine irrigation related Acts are in
force simultaneously in the State.
1.
Maharashtra Irrigation Act (MIA) 1976
2.
Irrigation Development Corporations
(IDC) Acts 1996 – 1998 [Total 5 Acts]
3.
Maharashtra Management of Irrigation
System by the Farmers (MMISF) Act 2005
4.
Maharashtra Water resources Regulatory
Authority (MWRRA) Act 2005
5.
Maharashtra Ground Water ( Development & Management)
Act, 2009 (MGW)
Barring
the exception of MGW Act, all other Acts are based on MIA & refer to the
same as MIA is the Parent Act.
Rules of the Acts:
It needs to be
seriously noted that barring the exception of MMISF Act, all other Acts don’t
have rules. In the case of MIA76, old rules, namely, Bombay Canal Rules 1934 based
on Bombay Irrigation Act 1879 are being followed when BIA1879 has been repealed
by MIA76
Acts state general
principles. Rules provide details required for implementation of the Act. Rules
include empowerment of officials, prescribed procedures, time limits, forms to
be used, etc. Rules are thus inseparable from the Act. Act & Rules together
is an “Adwait”! ILA without Rules
literally means a body without soul.
Why MIA is a
Parent Act?
It
is MIA that provides for basic foundation & frame work of the Water
Management & Governance in the State through following provisions.
|
Sec.
|
Provision
|
Purpose
|
|
11
|
River Notification
|
To provide WRD locus
standi for WMGR
|
|
3
|
Command Notification.
|
|
|
5
|
Division of State into irrigation areas
|
To provide administrative structure to WM GR
|
|
8
|
Appointment of Canal Officers.
(for implementation of the Act)
|
To appoint officers & fix their respective
jurisdictions
|
Since, MIA is a parent Act, the Canal Officers appointed & empowered
under MIA are only supposed to implement IDC, MMISF & MWRRA Acts.
Appointment & Empowerment of Canal Officers as per
MIA 76
It appears, prima facie, that Canal Officers have not
been duly appointed & empowered. The same should be done as per steps given
below
1.
Revise division of State
into irrigation areas (u/s 5)
2.
Issue Notification of Section, Sub
division, Division, Circle, Region u/s 8 to legally define the jurisdiction of
all Canal Officers at various levels.
3.
Issue order as per as per Sec 2(4) &
6
4.
Allot duties as per Sec 10
5.
Delegate powers as per Sec 110.
River & Command Notifications under
MIA:
Notifications
pertaining to rivers & command areas under MIA are also important as they
provide
1.
Necessary legal locus standi to WRD for carrying out WMGR.
2.
Prior intimation to water users that
provisions of MIA would henceforth be applied in the notified command areas
& give them opportunity of being heard (This is the first step of the
process of PIM)
3.
Assurance that water would be used for
the purpose mentioned in the notification. This is the first step in the
direction of issuing Water Use Entitlements.
Notification for
Lift Irrigation Water Users Associations:
Area & water
use of Lift Irrigation Schemes is increasing at an alarming rate. But LIS
remains virtually unregulated because necessary notifications u/s 116 of MIA
and u/s 39 of MMISF Act have not been issued since 41 years & 12 years
respectively.
Water
Regulation:
It is necessary to take a critical review of MWRRA which is the first ever Quasi Judicial Independent Regulatory
Authority (IRA) in India’s water sector.
It’s time to identify & remove weaknesses & further strengthen
the IRA in the larger interests of the State in general & water sector in
particular. MWRRA should become a
custodian of water laws & ILA.
Provisions regarding Water Governance in MWRRA
Act:
The MWRRA Act, 2005
has made following very important & useful provisions for creating a solid
& robust frame work for ILA & Water Governance in the State:
|
SN
|
Sec
|
Provision
|
Purpose
|
|
1
|
2 (1) (u)
|
Definition of River basin Agency (RBAs)
|
To establish RBAs to give the Water Entitlements
|
|
2
|
14
|
Permission of RBA
|
To authorize the water use in the State
|
|
3
|
15
|
State Water Board
|
To prepare a draft Integrated State Water Plan
(ISWP)
|
|
4
|
16
|
State Water Council
|
To approve the draft ISWP submitted by the State
Water Board.
|
|
5
|
11 (f)
|
to review & clear water resources projects in
conformity with ISWP
|
To develop & manage water resources in the State
in systematic, systemic & river basin-wise manner.
|
|
6
|
13
|
Powers of Authority & Dispute Resolution Officer
|
To resolve water conflicts
|
|
7
|
22
|
Disputes & Appeals
|
To resolve water conflicts
|
MWRRA working in vacuum:
MWRRA
is working literally in vacuum; thanks to the absence of Rules, RBAs, fully
operational SWB & SWC and ISWP
Powers
not used:
Though MWRRA has “powers as are vested in a
civil court, under the Code of Civil Procedure, 1908”, it could
hardly exercise its following powers as a quasi
judicial authority.
1.
Powers
of Authority and Dispute Resolution Officer u/s 13:
2.
Disputes & Appeals u/s 22:
3.
Punishment for non-compliance of orders
u/s 26
4.
Offences by companies u/s 27
5.
Compounding of offences u/s 28
6.
Cognizance of offences u/s 29.
Duties not performed:
As a
result, MWRRA could not do anything in respect of following in last 12 years
1.
State
Water Entitlement data base [11 (s)]
2.
Hydro-meteorological information data base
[11(t)]
3.
Irrigation Status Report [11 (v)]
4.
Preservation of water quality [12(5)]
5.
Private LIS [12(6)(d), (e)]
6.
Water to drought prone areas [12 (10)
(a)]
Way
ahead:
water Management
1. Give more emphasis
on Demand Side Management
2.
Acknowledge importance of WMGR & act accordingly
3. Create separate
cadre for water management
4.
Take up special time bound program for Canal Maintenance
5. Modernize canal systems to facilitate water-
level & discharge regulation and
water measurement. Introduce canal
automation.
6. Initiate industrial
production of HR & CR Gates & Measuring Devices
7. Ensure
implementation of Standard Operating Procedures.
WATER GOVERNANCE
1. Complete operative part of
Irrigation Acts ( Rules, notifications, appointments & empowerment of canal
officers, agreements, etc) in time bound manner
2. Ensure that Chief Engineers would act as Chief
Controlling Authority as per Sec 7 of MIA76
WATER REGULATION
1. Establish River Basin
Agencies
2. Prepare & implement
Integrated State Water Plan
3. Amend MWRRA Act.
4. Restructure MWRRA.
****
1.
Former Associate
Professor, WALMI, Aurangabad. Expert
Member, Marathwada Statutory Development Board, Expert Member, Integrated State Water Plan
Committee
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