Water Law and Policy in India

This chapter provides a concise introduction and overview of water law and policy in India. It examines the overall regulatory framework governing water, from the constitutional provisions to the diverse sectoral laws, policies and administrative directions that make up water law. It also introduces some of the basic concepts, such as water rights, the right to water, state control, and public trust. It then analyses general developments over the past couple of decades in terms of policy reforms (water sector reforms) and water law reforms.

2018 ◽  
Vol 4 (3) ◽  
pp. 165-192
Author(s):  
Stephen N. Bretsen

Although rainwater harvesting would appear to be a win-win solution to the problem of developing new sources of water, implementing rainwater harvesting in the American West has been fraught with tensions that have pitted rural farmers and other agricultural interests against urban and suburban homeowners. The water law of the western states is based on the prior appropriation doctrine, which creates a “first in time, first in right” system of water rights tied to when a user diverts surface water for beneficial use. Since water rights are property rights, state statutes and regulations that “go too far” in affecting them risk giving senior appropriators a takings claim. Based on the nature of rainwater harvesting and judicial interpretations of federal and state constitutional takings clauses, the most likely claims by downstream agricultural irrigators in the West are that state statutes authorizing rainwater harvesting are per se physical takings. Such takings require compensation, even though they do not result in the total loss of the right to use water or have a minimal economic impact on a senior appropriator. To avoid a taking, state legislatures need to draft these statutes in ways that take advantage of how existing state laws implement the prior appropriation doctrine. Colorado’s most recent rainwater harvesting statute leverages how the no-injury requirement placed on junior appropriators ultimately limits the scope of the senior appropriators’ water rights and avoids a taking.


Water Policy ◽  
2016 ◽  
Vol 18 (4) ◽  
pp. 903-917 ◽  
Author(s):  
Mathew C. Lautenberger ◽  
Patricia E. Norris

Water conflicts are rare across Michigan's history. As a result, water rights have received little attention by courts or the legislature. Traditionally, the common law of water rights in Michigan embraces the riparian doctrine for surface water and provides landowners with the right to use groundwater. However, two recent changes in common and statutory law significantly modify the legal relations among water users and others with a stake in water use decisions. A 2005 Michigan Court of Appeals decision created a new legal relation among riparian and groundwater rights holders. In 2008, Michigan's legislature passed laws aimed at regulating surface water and groundwater withdrawals. As an exercise of police power intended to protect public rights in water and associated environmental quality, the 2008 laws cap total water withdrawals. This program of restricting water withdrawals coexists with the state's common law which provides for reasonable use of surface water by riparian landowners and groundwater by owners of the overlying land. The result is a new set of legal relations, an uncertain legal environment, and a growing likelihood of water use conflicts. Because Michigan's body of water law is unique, neither courts nor legislature can rely on solutions used in other states.


Sanitation has received little attention from law and policy makers, and implementers for a long time although it was not completely outside the purview of laws and policies in India. The past couple of decades have witnessed a significant change in the manner in which sanitation is viewed, both at the national and international levels. While this change is accompanied by a growing interest among academics and practitioners in the policy perspectives on sanitation, the enquiry into its legal dimensions has lagged behind considerably. This book is the first comprehensive study of the right to sanitation and its multiple dimensions with a special emphasis on India. It analyses the right in terms of its narrow understanding focusing on toilets and various broader components, such as its gender, social, environmental dimensions, as well as specific issues such as manual scavenging and the conditions of work of sanitation workers.


2021 ◽  
Vol 5 (2) ◽  
pp. 973-979
Author(s):  
Esther Sanda Manapa ◽  
Eliyah Acantha M Sampetoding ◽  
Tommy Wijaya Sagala ◽  
Hoxy Ryner Taluay

Over the past 30 years, development of semiconductor manufacturing has resulted in smaller and faster computers. Its presence results in the development of sophisticated devices and processing large amounts of data quickly and reliably. More and more functionality on the system devices, needed effective and efficient resources. In some cases, only real-time operating systems (RTOS) can gather time and resources from these systems.. Whether using the software on an automation device, or middleware level to help communicate between programs, or using the software, it will be useful to know when RTOS uses the right platform for the application. This paper focus on various RTOS research and development over the past ten years in Indonesia. The main objective is to enable readers to understand the basic concepts of real time operating systems and stimulate further research in Indonesia regarding real time operating systems on automation devices.


Water ◽  
2022 ◽  
Vol 14 (1) ◽  
pp. 73
Author(s):  
Arkaja Singh

Recognition of the right to water in Indian courts has had little impact on the ground. This paper explores the seeming disjuncture between what happens in the court and the everyday reality of living with a less-than-perfect claim on city water services in India’s urban slums. The paper seeks to understand and contextualise a court ruling which looks like it declares a right to water for people in urban slums, but in effect gives them little beyond what they already had. The paper also looks at the ‘everyday reality’ of municipal administration and the provision of drinking water in slums through in-house connections and community taps. In both case studies, the author looks to understand how the practice relates to frameworks of law and policy that shape the rationality and scope of action of the actors concerned, both judges and municipal officials. She found that the issue of land was the main stumbling block in both places, but it was conceptualized a little differently in each situation. These case studies underscore the critical importance of making the local interface between poor people and the state more empowering in order for rights to become local and meaningful.


2003 ◽  
Vol 3 (1) ◽  
Author(s):  
Michael Blumm ◽  
Thea Schwartz

The Mono Lake case is a lodestar in public trust jurisprudence. This article discusses that case and explains how it revolutionized California water law. The article identifies six principles established by the decision that place it in the vanguard of public trust case law. It also examines some of the progeny of the Mono Lake decision, both in California and in other western states. The article claims that in the wake of Mono Lake, a half dozen western states have recognized the application of the public trust doctrine to water rights, although no other state has embraced all six of the tenets of the Mono Lake doctrine. The article concludes that the the public trust doctrine's deep historical roots and conceptual coherence make it a promising vehicle by which to moderate the excesses of the prior appropriation doctrine of western water law and replace that doctrine's "all or nothing" approach with what the article refers to as the "accommodation principle," under which both diversionary and instream uses of water will be accommodated wherever feasible.


Commonwealth ◽  
2017 ◽  
Vol 19 (1) ◽  
Author(s):  
John Arway

The challenges of including factual information in public policy and political discussions are many. The difficulties of including scientific facts in these debates can often be frustrating for scientists, politicians and policymakers alike. At times it seems that discussions involve different languages or dialects such that it becomes a challenge to even understand one another’s position. Oftentimes difference of opinion leads to laws and regulations that are tilted to the left or the right. The collaborative balancing to insure public and natural resource interests are protected ends up being accomplished through extensive litigation in the courts. In this article, the author discusses the history of environmental balancing during the past three decades from the perspective of a field biologist who has used the strength of our policies, laws and regulations to fight for the protection of our Commonwealth’s aquatic resources. For the past 7 years, the author has taken over the reins of “the most powerful environmental agency in Pennsylvania” and charted a course using science to properly represent natural resource interests in public policy and political deliberations.


1996 ◽  
Vol 35 (4I) ◽  
pp. 399-417 ◽  
Author(s):  
John W. Mellor

The right to the flow of income from water is vigorously pursued, protected, and fought over in any arid part of the world. Pakistan is of course no exception. Reform of irrigation institutions necessarily changes the rights to water, whether it be those of farmers, government, or government functionaries. Those perceived rights may be explicit and broadly accepted, or simply takings that are not even considered legitimate. Nevertheless they will be fought over. Pakistan has a long history of proposals for irrigation reform, little or none being implemented, except as isolated pilot projects. Thus, to propose major changes in irrigation institutions must be clearly shown to have major benefits to justify the hard battles that must be fought and the goodwill of those who might win those battles for reform. Proponents of irrigation institution reform have always argued the necessity of the reforms and the large gains to be achieved. Perhaps, however, those arguments have not been convincing. This paper will briefly outline the failed attempts at irrigation reform to provide an element of reality to the discussion. It will then proceed to make the case of the urgency of reform in a somewhat different manner to the past. Finally, current major reform proposals will be presented. This paper approaches justification of irrigation reform by focusing on the agricultural growth rate. It does so because that is the critical variable influencing poverty rates and is a significant determinant of over-all economic growth rates. The paper decomposes growth rates and suggests a residual effect of deterioration of the irrigation system that is large and calls for policy and institutional reform. The data are notional, suggesting the usefulness of the approach and paves the way for more detailed empirical analysis and enquiry for the future.


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