Sensitive Issue Of Sharing River Water Based On Riparian Principle

We know very well that the river is life for us.

Throughout human history civilizations have survived along the banks of rivers ,viz, Mesopotamian, Indus Valley, Egyptian and the Chinese. It has a significant role in enabling development, well being and prosperity of the ancient, medieval and contemporary world.

When we tend to discuss water development and management, four river valley civilizations as mentioned above were well ahead of time through advanced Canal irrigation systems or could be, rain water harvesting. Unfortunately, Farhat and Siruwan rivers in Mesopotamia region have now become lean and thin.

A river is an important source of drinking water, trade, irrigation and several other uses. During its three phases- young, mid course and old, rivers serve us immensely. As rivers have fresh water and Sea has salty water, the former’s water is SHARED.

The term Riparian, comes from Latin language, meaning bank or shore. It refers to things that exist alongside a river, namely, wetlands, habitats, vegetation etc. These zones are transitional areas falling between rivers, lakes, streams etc.and the land around them. Even soils are shaped by water and accumulating sediments.

In Indian context, the term ‘Doab’ has gained significance. It means riverine island wherein two streams converge. Or it is a tract of land lying between two confluent rivers between India and Pakistan.

INDUS & INDIA

India is a riverine country like Bangladesh or Pakistan or for that matter, countries in the Middle East and Eupope. Very decisive role has been played by Himalyan, Deccan, Coastal and North Eastern rivers in shaping the Geography and culture of the country. We have a gigantic Kumbh Mela organised on the banks of Ganga and two other rivers turn by turn.

Even the very name of our country has sprung up from the great and mighty Indus River. Not only this, our vast landscape is criss-crossed by minor and major rivers which are lifelines for various communities, flora and fauna.

RIPARIAN RIGHTS

These are the natural rights for the use of river water to cater to human needs.These can not be taken away nor can these be granted. A person or body may not own the flowing water but nevertheless, he or she has the right to use it.These include rights of ingress, egress, bathing, boating, fishing etc.These rights can not be proprietary under any circumstance.

Riparian areas are tracts of land situated along streams, lakes and rivers and that there is something called Stream Corridor.

DO’s & DON’TS

In the context of Riparian principle, if there is not enough water to meet the demands of all users, allotments have to be made in proportion to frontage on the water source.

Under International Law, an upper riparian state can NEVER stop the flow of water to the lower riparian state or country. All land owners on either of the river banks have the right to make reasonable use of flowing water. Also one must have access to free flowing water without any obstruction, such as a dam.

EMERGING ISSUES

River water sharing issues between India and Pakistan, on the one hand and between India and China, on the other, have to be looked at from this angle or perspective.

Even the often talked about and inconclusive river water sharing issue between India and Bangladesh too has to be viewed accordingly.

Government of the day is within its rights, rather, can go ahead with putting on hold or suspending the Indus Water Treaty (IWT), signed on September, 19,1960, following nine years of negotiations, between India and Pakistan.

India has full rights over Eastern rivers, namely, Ravi, Beas and Sutlej while Pakistan has rights over Western ones, such as, Indus, Jhelum and Chenab.

Further, Union Jal Shakti Minister has declared that ‘not even a drop of water from Indian rivers would go to Pakistan’.

This is not the first time that the matter of distribution of water between two countries has been raised. In 2016, in the aftermath of the attack by terrorists in Uri, the Prime Minister had declared that “Blood and water can not flow together”.

However, it is desirable that swift, sustainable and long term arrangements shall have to be made for storing Indus river water on the Indian side.

If the aim is to cause drought on the Pakistan side, steps proposed to be taken should not lead to flood on the Indian side. Besides additional issues linked to erosion and submergence are bound to crop up, if we decide to play with nature. Currently India lacks needed infrastructure to use the Indus system as an effective hydro disciplinary tool.

As on date, the concerned Ministry is looking at the available options to use Indus basin water in the short, medium and long terms. All legal and technical aspects including diversion of water is being examined.This decision to pause the IWT was one of the key measures announced after an inhuman attack on innocent tourists in Pahalgam on 22nd April.

RESPONSE BY PAKISTAN

Pakistan has stated that India’s proposed action will be considered as an act of War. On their side, the Pakistan Government has decided to halt their contentious Canal project. It has been learnt that their project will remain suspended until a consensus on the issue could be reached in Pakistan ‘s Council of Common Interests(CCI). A flood alert has been issued after Pakistan has accused India of releasing water from Jhelum river. Declaration of a water emergency has led to panic among residents living near river banks. 90 % of irrigation in Pakistan depends on water from India. Pakistan has also announced suspension of the Shimla Agreement signed in 1972, as a retaliation measure.

HOW LONG ARE WE SUPPOSED TO WAIT AND WATCH ?

(The author is former Chief Secretary, Sikkim)